Master Glyn's reply to the Earle of Straffords defence of the severall articles objected against him by the House of Commons Published by speciall direction, out of an authentick copy.
         Glynne, John, Sir, 1603-1666.
      
       
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             Master Glyn's reply to the Earle of Straffords defence of the severall articles objected against him by the House of Commons Published by speciall direction, out of an authentick copy.
             Glynne, John, Sir, 1603-1666.
             England and Wales. Parliament. House of Commons.
          
           [2], 56 p.
           
             printed for Lawrence Chapman,
             London :
             anno 1641.
          
           
             Reproduction of the original in the British Library.
          
        
      
    
     
       
         eng
      
       
         
           Strafford, Thomas Wentworth, -- Earl of, 1593-1641 -- Early works to 1800.
           Great Britain -- History -- Charles I, 1625-1649 -- Early works to 1800.
           Trials (Treason) -- England -- Early works to 1800.
           Ireland -- History -- Rebellion of 1641 -- Early works to 1800.
        
      
    
       A42872  R213348  (Wing G892).  civilwar no Master Glyn's reply to the Earle of Straffords defence of the severall articles objected against him by the House of Commons. Published by s Glynne, John, Sir 1641    20041 23 0 0 0 0 0 11 C  The  rate of 11 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 
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           Master
           Glyns
           REPLY
           TO
           THE
           EARLE
           OF
           STRAFFORDS
           DEFENCE
           OF
           The
           severall
           Articles
           objected
           against
           him
           by
           the
           House
           of
           COMMONS
           .
        
         
           Published
           by
           speciall
           direction
           ,
           out
           of
           an
           authentick
           Copy
           .
        
         
           LONDON
           ,
           Printed
           for
           
             Lawrence
             Chapman
             ,
             Anno
          
           1641.
           
        
      
    
     
       
       
       
         
           Master
           GLYNS
           Reply
           to
           the
           Earle
           of
           STRAFFORDS
           Defence
           .
        
         
           My
           Lord
           of
           Strafford
           having
           concluded
           the
           recapitulation
           of
           his
           evidence
           ,
           
             Mr.
             Glyn
          
           applied
           himselfe
           to
           their
           Lordships
           in
           manner
           following
           .
        
         
           MAy
           it
           please
           your
           Lordships
           ,
           my
           Lord
           of
           
             Strafford
          
           (
           as
           your
           Lordships
           have
           observed
           ,
           )
           hath
           spent
           a
           great
           deale
           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
           :
           wee
           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
           hee
           is
           subtill
           in
           his
           practice
           .
        
         
           
             The
             Committee
             withdrawing
             for
             about
             the
             space
             of
             halfe
             an
             houre
             ,
             and
             then
             returning
             to
             the
             Barre
             ,
          
           Mr.
           Glyn
           
             proceeded
             as
             followeth
             .
          
        
         
           My
           Lords
           ,
           your
           Lordships
           have
           observed
           how
           the
           
             Earle
             of
             Strafford
          
           hath
           been
           accused
           by
           the
           Commons
           of
           England
           of
           
             high
             Treason
             ,
             for
             a
             purpose
             and
             designe
             to
             subvert
             the
             fundamentall
             Lawes
             of
             both
             the
             kingdomes
             ,
             of
             England
             and
             Ireland
             ,
             and
             to
             introduce
          
           
           
             an
             Arbitrary
             ,
             and
             Tyrannicall
             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
           proofe
           ,
           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
           ,
           wee
           that
           are
           intrusted
           for
           the
           house
           of
           Commons
           ,
           stand
           here
           to
           recollect
           the
           evidence
           on
           our
           part
           ,
           and
           to
           apply
           it
           to
           the
           generall
           charge
           ,
           and
           how
           farre
           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
           proofes
           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 selfe
           .
        
         
           And
           first
           ,
           in
           generall
           ,
           it
           will
           appeare
           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
           ,
           &
           leave
           out
           the
           rest
           .
           And
           likewise
           ,
           that
           in
           repetition
           of
           the
           evidence
           ,
           he
           hat●
           mis-recited
           ,
           plainly
           ,
           very
           much
           of
           the
           proofs
           on
           both
           sides
           ,
           &
           likewise
           hath
           pretended
           some
           proofes
           to
           be
           for
           his
           defence
           ,
           which
           indeed
           were
           not
           :
           and
           hee
           hath
           taken
           this
           farther
           advantage
           ;
           when
           it
           makes
           for
           his
           defence
           ,
           he
           hath
           disjoynted
           
           the
           proofes
           ,
           and
           testimonies
           ,
           and
           severed
           them
           asunder
           ,
           that
           it
           might
           appeare
           to
           your
           Lordships
           ,
           like
           raine
           falling
           in
           drops
           ,
           which
           considered
           in
           distinct
           drops
           bring
           no
           horrour
           ,
           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
           ,
           wch
           being
           put
           together
           look
           horrid
           ,
           as
           will
           appeare
           to
           your
           Lo.
           when
           you
           duly
           consider
           of
           them
           .
        
         
           These
           bee
           the
           generall
           observations
           ,
           which
           in
           my
           Answer
           I
           doubt
           not
           but
           to
           make
           good
           :
           But
           before
           I
           shall
           enter
           into
           observations
           of
           what
           hee
           hath
           spoken
           ,
           I
           shall
           answer
           in
           generall
           to
           some
           things
           which
           hee
           hath
           in
           generall
           alledged
           .
        
         
           In
           the
           first
           place
           ,
           hee
           hath
           made
           a
           flourish
           this
           day
           ,
           and
           severall
           other
           dayes
           in
           the
           way
           of
           his
           defence
           ,
           
             That
             if
             hee
             could
             have
             had
             longer
             time
             ,
             hee
             could
             have
             made
             things
             appeare
             clearer
             ,
             and
             have
             produced
             more
             proofes
             .
          
           Give
           mee
           leave
           to
           informe
           your
           Lordships
           that
           he
           is
           no
           way
           straightned
           of
           time
           ,
           for
           he
           hath
           bin
           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
           proofes
           ,
           are
           but
           
             flourishes
             .
          
           And
           it
           appears
           plainly
           ,
           whatsoever
           he
           hath
           had
           occasion
           to
           make
           use
           of
           ,
           even
           the
           least
           paper
           ,
           though
           hee
           fetched
           it
           from
           Ireland
           ,
           there
           is
           not
           one
           wanting
           ;
           he
           hath
           copies
           of
           papers
           from
           the
           Councell
           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
             cleare
             .
          
        
         
           My
           Lords
           ,
           he
           hath
           mentioned
           often
           this
           day
           ,
           and
           
           oftner
           the
           dayes
           before
           ,
           
             that
             many
             of
             the
             Articles
             laid
             to
             his
             charge
             are
             proved
             but
             by
             one
             witnesse
             ;
          
           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
          
           knowne
           to
           his
           own
           breast
           ,
           I
           doubt
           not
           ,
           and
           not
           taught
           him
           by
           any
           of
           his
           Councell
           ,
           or
           others
           learned
           .
        
         
           The
           Treason
           laid
           to
           his
           charge
           ,
           is
           ,
           
             the
             subverting
             of
             the
             Lawes
             ;
          
           the
           evidence
           is
           ,
           the
           
             Articles
          
           proved
           :
           and
           though
           some
           one
           Article
           appeares
           to
           be
           proved
           but
           by
           one
           ,
           yet
           put
           the
           evidence
           together
           ,
           you
           shall
           never
           find
           it
           to
           bee
           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
           onely
           by
           one
           witnesse
           ,
           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
           Councell
           direct
           him
           to
           say
           so
           ,
           I
           am
           confident
           .
        
         
           My
           Lords
           ,
           another
           observation
           I
           shall
           be
           bold
           to
           make
           ,
           is
           ,
           that
           hee
           was
           pleased
           to
           cast
           an
           aspersion
           (
           as
           we
           must
           apprehend
           )
           upon
           them
           that
           be
           trusted
           by
           the
           house
           of
           Commons
           this
           day
           ,
           That
           we
           that
           stand
           here
           ,
           alledged
           and
           affirmed
           things
           to
           be
           proved
           ,
           that
           are
           not
           proved
           :
           Hee
           might
           have
           pleased
           to
           have
           spared
           that
           language
           ;
           we
           stand
           here
           to
           justifie
           our selves
           ,
           that
           we
           doe
           not
           use
           to
           expresse
           any
           language
           ,
           but
           what
           our
           hearts
           and
           consciences
           tels
           us
           is
           true
           ;
           and
           howsoever
           he
           is
           pleased
           to
           cast
           it
           upon
           us
           ,
           I
           am
           confident
           I
           shall
           invert
           it
           upon
           himselfe
           ,
           and
           make
           it
           appeare
           ,
           that
           hee
           hath
           bin
           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
           ,
           hee
           hath
           beene
           pleased
           to
           make
           it
           his
           generall
           
             Theame
          
           
           to
           day
           (
           though
           hee
           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
             misdemeanours
             can
             never
             make
             a
             murther
             ,
             and
             severall
             murders
             can
             never
             make
             a
             Treason
             ;
             and
             he
             wonders
             it
             should
             be
             otherwise
             in
             this
             case
             .
          
           My
           Lords
           he
           did
           instance
           it
           (
           if
           my
           memory
           failes
           me
           not
           )
           in
           a
           case
           of
           Felony
           ;
           
             That
             if
             a
             bloudy
             knife
             should
             bee
             produced
             in
             the
             hand
             of
             the
             party
             suspected
             to
             have
             slaine
             the
             man
             ,
             if
             the
             party
             had
             bin
             there
             seen
             before
             the
             death
             ,
             it
             were
             a
             strong
             evidence
             ;
             but
             there
             must
             bee
             death
             in
             the
             case
             ,
             the
             fact
             must
             be
             committed
             ,
             else
             there
             can
             be
             no
             murther
             :
          
           but
           he
           himselfe
           might
           answer
           himselfe
           ,
           for
           there
           is
           a
           great
           difference
           :
           There
           cannot
           be
           murther
           but
           there
           must
           be
           death
           ,
           but
           hee
           knowes
           very
           well
           there
           may
           be
           Treason
           and
           yet
           no
           death
           ;
           it
           is
           too
           late
           to
           forbeare
           questioning
           Treason
           
             for
             killing
             the
             King
             ,
             till
             the
             King
             be
             killed
             :
          
           God
           forbid
           wee
           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
           beene
           
             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
           Traytor
           ,
           in
           the
           memory
           of
           any
           that
           sits
           here
           to
           heare
           me
           this
           day
           ,
           had
           a
           better
           ,
           a
           fairer
           excuse
           in
           this
           particular
           then
           my
           Lord
           of
           
             Strafford
             ,
          
           and
           that
           is
           
             Guido
             Faux
             ;
          
           for
           hee
           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
           neare
           ,
           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
           neere
           ;
           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
           trayterous
           counsels
           ,
           and
           executed
           actions
           ,
           thereby
           discovering
           his
           intentions
           to
           destroy
           the
           Kingdome
           ,
           and
           to
           destroy
           the
           Kings
           claime
           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
           pleased
           to
           divide
           his
           Treasons
           into
           two
           parts
           ,
           and
           his
           division
           I
           allow
           of
           ;
           that
           is
           ,
           Treason
           by
           Statute-Law
           ,
           as
           he
           tearmes
           it
           ,
           though
           it
           be
           Treason
           by
           the
           Common-Law
           ;
           and
           constructive
           Treason
           :
           And
           upon
           that
           method
           hee
           hath
           recited
           the
           evidence
           produced
           on
           either
           part
           ;
           Give
           mee
           leave
           to
           follow
           and
           trace
           him
           a
           little
           ,
           and
           afterwards
           to
           discharge
           my
           duty
           in
           taking
           my
           owne
           course
           ,
           and
           representing
           the
           evidence
           as
           it
           appeares
           ,
           truly
           ;
           and
           I
           will
           avoid
           (
           as
           much
           as
           I
           can
           )
           to
           fall
           into
           my
           Lord
           of
           Straffords
           errour
           ,
           in
           mis-reciting
           a
           Particle
           ;
           if
           I
           doe
           ,
           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
           himselfe
           to
           a
           
           Sergeant
           at
           Armes
           ,
           one
           
             Savill
             ,
          
           which
           gave
           directions
           and
           power
           to
           that
           Serjeant
           to
           lay
           souldiers
           on
           any
           person
           that
           should
           contemne
           the
           Processe
           of
           the
           Councell
           ▪
           boord
           in
           Ireland
           ;
           that
           was
           the
           effect
           :
           Now
           (
           sayes
           he
           )
           
             this
             warrant
             is
             not
             produced
             ,
          
           and
           addes
           ,
           
             that
             the
             Judges
             will
             tell
             your
             Lordships
             ,
             that
             if
             a
             man
             bee
             charged
             with
             any
             thing
             under
             hand
             and
             seale
             ,
             the
             deed
             must
             be
             produced
             and
             proved
             ,
             or
             else
             no
             credit
             is
             to
             bee
             given
             to
             it
             .
          
           Truely
           ,
           my
           Lords
           ,
           it
           is
           true
           ,
           if
           it
           had
           beene
           a
           Bond
           ,
           or
           a
           Deed
           ,
           where
           those
           that
           seale
           it
           use
           to
           call
           their
           neighbours
           to
           testifie
           ,
           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
           originall
           warrant
           ,
           and
           hee
           shall
           never
           be
           touched
           for
           any
           treason
           .
           But
           I
           beseech
           your
           Lordships
           patience
           ,
           till
           I
           come
           to
           open
           that
           Article
           ,
           and
           your
           Lordships
           will
           finde
           the
           warrant
           ,
           (
           though
           it
           be
           not
           produced
           ,
           )
           proved
           by
           three
           or
           foure
           witnesses
           ,
           and
           his
           hand
           &
           seale
           proved
           too
           .
           And
           wheras
           he
           pretends
           the
           Sergeant
           at
           Armes
           is
           no
           competent
           witnesse
           ,
           because
           he
           excuses
           himselfe
           ;
           my
           Lord
           mistakes
           himselfe
           ,
           for
           I
           take
           it
           to
           bee
           no
           excuse
           to
           prove
           a
           warrant
           from
           any
           person
           whatsoever
           ,
           if
           it
           be
           to
           commit
           high
           treason
           :
           and
           therefore
           
             Savills
          
           testimony
           is
           the
           more
           strong
           ,
           being
           so
           farre
           from
           excusing
           ,
           that
           hee
           doth
           accuse
           himselfe
           :
           
           And
           though
           he
           is
           charged
           with
           laying
           of
           souldiers
           upon
           the
           Kings
           people
           ,
           contrary
           to
           an
           expresse
           ▪
           Act
           of
           Parliament
           made
           in
           18.
           
             H.
          
           6.
           yet
           my
           Lord
           is
           pleased
           (
           I
           know
           not
           how
           to
           terme
           it
           ,
           whether
           it
           be
           merrily
           ,
           or
           otherwise
           )
           to
           use
           his
           Rhetorick
           ,
           
             Here
             is
             a
             great
             levying
             of
             war
             ,
             when
             there
             is
             not
             above
             foure
             Musketiers
             ,
             or
             six
             at
             most
             ,
             laid
             upon
             any
             one
             man
             .
          
        
         
           My
           Lords
           ,
           it
           is
           a
           plain
           levying
           of
           warre
           ,
           and
           without
           all
           question
           ,
           and
           in
           all
           sense
           ,
           it
           is
           as
           much
           mischievous
           to
           me
           to
           be
           surprized
           by
           foure
           or
           six
           Musketiers
           ,
           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
           foure
           ,
           or
           by
           foure
           thousand
           .
           And
           therefore
           let
           not
           this
           be
           a
           rule
           ,
           that
           to
           send
           foure
           ,
           or
           six
           ,
           or
           ten
           Musketiers
           up
           and
           downe
           is
           not
           considerable
           ,
           because
           of
           the
           smalnesse
           of
           the
           number
           (
           the
           danger
           is
           the
           same
           ;
           )
           yet
           
             this
             is
             no
             levying
             of
             warre
             ,
             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
           Armes
           ,
           and
           his
           Ministers
           that
           executed
           it
           ,
           brought
           but
           foure
           ,
           or
           six
           ,
           or
           ten
           ,
           yet
           the
           Sergeant
           might
           have
           brought
           all
           the
           Army
           of
           
             Ireland
             ,
          
           for
           there
           was
           authority
           so
           to
           doe
           .
        
         
           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
           souldiers
           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
           ,
           shewes
           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
             turne
             them
             upon
             the
             bowels
             of
             the
             Kings
             subjects
             :
          
           It
           is
           no
           more
           in
           effect
           .
        
         
           Your
           Lordships
           have
           heard
           him
           the
           other
           day
           mentioning
           two
           Acts
           of
           Repeale
           ,
           and
           I
           expected
           he
           would
           have
           insisted
           upon
           them
           ;
           but
           it
           seemes
           he
           hath
           beene
           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
           full
           force
           .
        
         
           My
           Lords
           ,
           I
           am
           very
           sorry
           to
           heare
           ,
           that
           when
           levying
           of
           warre
           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
           bloud
           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
             councell
             to
             his
             Majestie
             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
             kingdome
             .
          
           In
           this
           he
           is
           pleased
           to
           begin
           with
           the
           testimony
           of
           my
           Lord
           
             Ranelagh
             ,
          
           conceiving
           an
           apprehension
           and
           feare
           in
           him
           ,
           that
           the
           Army
           should
           goe
           over
           to
           
             England
             ,
          
           which
           my
           Lord
           sayes
           ,
           
             is
             no
             more
             but
             his
             saying
             ,
             and
             master
             Treasurer
          
           Vane's
           .
           
        
         
           I
           pray
           God
           my
           Lord
           
             Ranelagh
          
           had
           not
           much
           cause
           
           to
           feare
           ;
           but
           by
           the
           same
           rule
           he
           may
           lay
           a
           charge
           of
           unwarrantable
           feare
           upon
           all
           the
           Commons
           ;
           for
           sure
           the
           Commons
           of
           England
           did
           feare
           it
           ,
           else
           they
           would
           not
           make
           an
           Article
           of
           it
           :
           But
           my
           Lord
           
             Ranelagh's
          
           feare
           did
           not
           arise
           from
           a
           slight
           cause
           ,
           and
           he
           shewed
           himselfe
           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
           shewes
           to
           three
           or
           foure
           Articles
           what
           he
           could
           have
           proved
           ;
           as
           to
           the
           Article
           concerning
           the
           Army
           ,
           
             he
             could
             have
             proved
             the
             designe
             of
             it
             by
             Sir
          
           John
           Burlacy
           ,
           
             and
             some
             others
             ,
             if
             they
             had
             beene
             here
             .
          
           But
           by
           this
           rule
           and
           liberty
           hee
           hath
           taken
           to
           alledge
           what
           he
           could
           have
           showne
           ,
           give
           me
           leave
           to
           tell
           you
           what
           we
           might
           have
           showne
           ,
           and
           are
           ready
           to
           shew
           :
           We
           could
           have
           made
           it
           expresse
           ,
           and
           proved
           it
           by
           notes
           taken
           by
           Secretary
           
             Vane
          
           the
           fifth
           of
           May
           ,
           when
           the
           words
           were
           spoken
           ,
           which
           notes
           should
           have
           beene
           proved
           ,
           if
           we
           had
           proceeded
           on
           the
           three
           and
           twentieth
           Article
           ,
           to
           corroborate
           the
           testimony
           of
           Mr.
           
           Secretary
           
             Vane
             ,
          
           and
           that
           by
           two
           witnesses
           .
           Wee
           could
           likewise
           have
           showne
           how
           we
           came
           to
           the
           knowledge
           of
           it
           ,
           it
           being
           by
           means
           unknowne
           to
           master
           Secretary
           
             Vane
             ,
          
           and
           have
           made
           him
           an
           upright
           Councellour
           and
           witnesse
           :
           but
           we
           shall
           prove
           his
           intentions
           to
           bring
           in
           the
           Irish
           Army
           another
           way
           ,
           when
           I
           come
           to
           open
           my
           owne
           course
           and
           method
           .
        
         
           My
           Lords
           ,
           hee
           pretends
           
             these
             words
             were
             spoken
             the
             fift
             of
             May
             ,
          
           but
           when
           they
           were
           testified
           by
           master
           Treasurer
           ,
           he
           did
           not
           speak
           of
           the
           fifth
           of
           May
           ,
           and
           yet
           now
           my
           Lord
           remembers
           the
           day
           ;
           and
           I
           wonder
           how
           hee
           
           came
           to
           the
           knowledge
           of
           the
           day
           ,
           unlesse
           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
             moneth
             after
             .
          
           This
           ,
           my
           Lords
           ,
           is
           plainly
           answered
           ;
           and
           if
           he
           had
           thought
           of
           his
           owne
           answer
           ,
           he
           had
           answered
           himselfe
           :
           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
             18.
             of
             May
             .
          
           And
           so
           in
           his
           owne
           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
             proofes
             for
             the
             maintenance
             of
             that
             Article
             ,
             is
             onely
             the
             levying
             of
             money
             with
             foure
             souldiers
             by
             Sergeant
             Major
          
           Yaworth
           .
           Where
           he
           is
           pleased
           to
           
             disdaine
             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
           warrrant
           was
           not
           from
           him
           ,
           I
           shall
           reserve
           that
           till
           I
           come
           to
           the
           Article
           ,
           and
           when
           I
           come
           to
           the
           proofes
           ,
           I
           beleeve
           it
           will
           remain
           fixed
           upon
           him
           .
        
         
           And
           there
           he
           left
           his
           Statute
           Treason
           ,
           and
           now
           he
           fals
           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
           ;
           &
           I
           shal
           desire
           that
           your
           Lordships
           would
           be
           pleased
           to
           look
           upon
           your
           notes
           ,
           how
           he
           answers
           that
           Article
           ;
           
             My
             Lords
             ,
          
           sayes
           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
             then
             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
             might
             very
             well
             say
             so
             ,
             for
             he
             intended
             it
             no
             otherwise
             ,
             but
             according
             to
             the
             validity
             of
             them
             ,
             for
             they
             were
             severall
             wayes
             questionable
             ,
             and
             ought
             not
             to
             bind
             ,
             unlesse
             they
             were
             good
             in
             law
             .
          
           But
           if
           you
           look
           upon
           his
           Arguments
           ,
           he
           hath
           ,
           like
           a
           cunning
           Oratour
           ,
           omitted
           the
           principall
           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
             doe
             with
             them
             what
             he
             lists
             ;
          
           this
           hee
           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
           Councel
           )
           
             there
             made
             ,
             or
             to
             be
             made
             ,
             should
             be
             as
             binding
             as
             any
             Act
             of
             Parliament
             :
          
           This
           he
           said
           was
           proved
           
             but
             by
             one
             witnesse
             :
          
           and
           I
           extremely
           marvell
           to
           heare
           him
           say
           so
           ;
           for
           the
           latter
           words
           wee
           proved
           by
           foure
           ,
           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
           yeeres
           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-recitall
           .
           The
           other
           part
           two
           witnesses
           proved
           ;
           but
           the
           residue
           ,
           
             That
             they
             must
             expect
             law
             from
             the
             King
             as
             a
             Conquerour
             ,
             That
             Acts
             of
             State
             should
             be
             equall
             to
             Acts
             of
             Parliament
             ,
             And
             when
             an
             Act
             of
             Parliament
             would
             not
             passe
             ,
             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
             then
             the
             loines
             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
           hee
           heard
           concerning
           these
           words
           ,
           but
           ,
           my
           Lord
           ,
           saith
           he
           ,
           
             the
             occasion
             of
             the
             speaking
             of
             them
             was
             not
             mentioned
             .
          
           Truly
           perhaps
           it
           might
           bee
           the
           forgetfulnesse
           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
             repaire
             a
             bridge
             ,
             and
             calling
             him
             to
             account
             why
             it
             was
             not
             repaired
             ,
             Sir
          
           David
           Fowles
           
             told
             him
             ,
             he
             could
             not
             doe
             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
             then
             the
             loines
             of
             the
             Law
             .
          
           Here
           is
           the
           occasion
           ,
           though
           he
           would
           have
           another
           businesse
           ,
           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
           counsell
           his
           Majestie
           ,
           that
           
             he
             might
             use
             his
             Prerogative
             as
             he
             pleased
             ;
          
           but
           in
           saying
           there
           was
           no
           proofe
           offered
           ,
           hee
           here
           begins
           to
           fall
           upon
           the
           
             other
             fallacy
             ,
          
           that
           is
           ,
           to
           pull
           things
           asunder
           (
           whereas
           we
           produce
           them
           together
           )
           and
           would
           make
           that
           that
           is
           
             a
             faggot
             ,
          
           to
           be
           but
           a
           
             single
             stick
             ;
          
           but
           ,
           under
           favour
           ,
           when
           I
           come
           ,
           with
           your
           Lordships
           patience
           ,
           to
           open
           the
           force
           of
           the
           proofes
           ,
           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
           hee
           comes
           to
           the
           five
           and
           twentieth
           Article
           ,
           which
           I
           shall
           not
           insist
           on
           ,
           though
           he
           pretends
           it
           not
           proved
           ;
           I
           shall
           referre
           that
           to
           my
           recollection
           ,
           that
           I
           may
           not
           answer
           to
           his
           pieces
           ,
           but
           bring
           all
           together
           ,
           and
           then
           the
           horrour
           of
           his
           fact
           shall
           more
           speciously
           appeare
           .
           Onely
           this
           (
           under
           favour
           )
           I
           cannot
           passe
           over
           ,
           when
           he
           comes
           to
           justifie
           an
           advice
           and
           counsell
           of
           the
           Kings
           being
           loose
           and
           absolved
           from
           all
           rules
           of
           government
           ,
           and
           that
           he
           might
           use
           his
           Prerogative
           as
           hee
           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
             counsell
             .
          
           Now
           your
           Lordships
           may
           observe
           ,
           he
           would
           justifie
           his
           actions
           by
           law
           ,
           in
           some
           cases
           ,
           where
           it
           is
           to
           his
           advantages
           ,
           but
           in
           other
           
           cases
           hee
           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
           condemned
           ,
           and
           to
           make
           that
           a
           ground
           of
           his
           counsell
           and
           advice
           to
           the
           King
           ,
           and
           not
           the
           judgement
           in
           truth
           ,
           but
           the
           argument
           of
           the
           Councell
           at
           Barr
           ,
           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
           Councells
           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
           heare
           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
           ,
           Proofes
           must
           be
           taken
           by
           themselves
           ,
           they
           must
           not
           be
           judged
           by
           peeces
           ,
           but
           together
           ;
           and
           now
           in
           good
           time
           I
           shall
           joyne
           with
           him
           ,
           and
           shall
           desire
           the
           same
           judgement
           ,
           That
           things
           may
           not
           be
           taken
           asunder
           ,
           but
           judged
           together
           ,
           according
           to
           his
           owne
           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
             kingdome
             ,
             and
             to
             incense
             the
             warre
             .
          
        
         
           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
             estate
             ,
             and
             should
             have
             no
             benefit
             by
             it
             ,
             having
             sufficient
             to
             live
             without
             it
             :
          
           but
           in
           due
           time
           I
           shall
           make
           it
           appeare
           ,
           to
           my
           apprehension
           ,
           and
           I
           beleeve
           to
           your
           Lordships
           ,
           when
           you
           have
           heard
           it
           ,
           that
           the
           incensing
           of
           this
           war
           ,
           and
           provoking
           of
           it
           ,
           was
           the
           principall
           instrument
           of
           bringing
           to
           passe
           his
           
           designe
           of
           subverting
           the
           Lawes
           ,
           through
           the
           whole
           work
           of
           it
           .
        
         
           My
           Lords
           ,
           in
           the
           passage
           of
           this
           ,
           he
           takes
           occasion
           to
           speak
           of
           the
           testimony
           of
           master
           Secretary
           
             Vane
             ,
          
           who
           testifies
           ,
           that
           
             my
             Lord
             was
             for
             an
             offensive
             ,
             and
             himselfe
             for
             a
             defensive
             warre
             :
          
           whence
           my
           Lord
           argues
           ,
           
             here
             is
             no
             great
             difference
             ,
             for
             both
             were
             for
             a
             warre
             :
          
           but
           ,
           my
           Lords
           ,
           is
           there
           no
           difference
           betweene
           an
           offensive
           and
           defensive
           warre
           ,
           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
           himselfe
           ?
           truly
           I
           think
           there
           is
           a
           great
           difference
           ,
           and
           a
           very
           materiall
           one
           too
           :
           but
           your
           Lordships
           see
           hee
           makes
           no
           difference
           between
           them
           .
        
         
           My
           Lords
           ,
           in
           the
           foure
           and
           twentieth
           Article
           he
           mentions
           ,
           
             that
             he
             is
             charged
             with
             being
             an
             occasion
             to
             breake
             the
             Parliament
             ,
          
           and
           layes
           hold
           of
           that
           ,
           as
           in
           the
           other
           Articles
           ,
           that
           
             it
             was
             not
             proved
             ,
             but
             declined
             .
          
           My
           Lords
           ,
           when
           hee
           shall
           heare
           the
           repetition
           of
           the
           evidence
           ,
           though
           part
           of
           the
           Article
           was
           not
           particularly
           insisted
           upon
           ,
           yet
           I
           beleeve
           it
           will
           appeare
           to
           your
           Lordships
           ,
           and
           the
           world
           ,
           that
           he
           was
           the
           occasion
           of
           breaking
           the
           last
           Parliament
           ,
           and
           it
           is
           expresly
           proved
           by
           witnesses
           enow
           ;
           and
           though
           he
           sayes
           ,
           
             how
             should
             any body
             thinke
             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
           compasse
           his
           owne
           designe
           and
           plot
           ,
           without
           which
           his
           ends
           could
           not
           be
           brought
           to
           passe
           .
        
         
           He
           came
           from
           the
           foure
           and
           twentieth
           Article
           to
           the
           seven
           and
           twentieth
           ,
           and
           he
           answers
           against
           that
           Article
           ,
           that
           
             when
             Armies
             are
             in
             the
             field
             ,
             men
             cannot
             walke
             so
             peaceably
             ,
             as
             an
             Atturney
             with
             his
             box
             and
             papers
             in
             Westminster
             hall
             .
          
           I
           know
           not
           what
           he
           meanes
           ;
           but
           when
           
           two
           Armies
           are
           in
           the
           field
           ,
           they
           may
           raise
           warre
           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
           hee
           took
           ,
           by
           way
           of
           artificiall
           insinuation
           ,
           to
           perswade
           your
           Lordships
           ,
           that
           
             it
             was
             dangerous
             to
             raise
             a
             Treason
             that
             had
             laine
             asleep
             I
             know
             not
             how
             many
             hundred
             yeeres
             ,
             and
             create
             a
             Treason
             .
          
           A
           strange
           thing
           indeed
           it
           is
           ,
           
             that
             a
             man
             should
             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
           bee
           no
           Treason
           to
           destroy
           King
           ,
           and
           kingdome
           ,
           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 selfe
           ,
           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
             fundamentall
             lawes
             of
             two
             kingdomes
             ,
             and
             to
             introduce
             an
             Arbitrary
             and
             Tyrannicall
             government
             ;
          
           not
           that
           he
           did
           
             effect
             it
             ,
          
           but
           that
           he
           did
           
             intend
             it
             :
          
           for
           if
           he
           had
           done
           it
           ,
           it
           had
           been
           t●●
           late
           to
           question
           it
           ,
           he
           had
           left
           no
           rule
           whereby
           to
           cal●
           him
           to
           triall
           ;
           but
           his
           intention
           and
           his
           endevour
           are
           his
           charge
           .
        
         
           My
           Lords
           ,
           how
           farre
           this
           is
           proved
           ;
           if
           your
           Lordships
           be
           pleased
           to
           call
           to
           mind
           ,
           the
           Articles
           ,
           and
           the
           evidence
           produced
           on
           the
           Commons
           part
           ,
           your
           Lordships
           will
           find
           ,
           I
           beleeve
           ,
           that
           his
           words
           ,
           his
           councells
           ,
           and
           
           his
           actions
           ,
           doe
           sufficiently
           prove
           his
           endevouring
           to
           destroy
           .
        
         
           In
           the
           first
           Article
           ,
           where
           my
           Lord
           of
           
             Strafford
          
           hath
           the
           first
           opportunitie
           offered
           him
           to
           put
           this
           endevour
           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
           comming
           thither
           :
           but
           I
           shall
           put
           your
           Lordships
           in
           mind
           of
           two
           clauses
           of
           the
           Instructions
           procured
           in
           the
           eighth
           yeer
           of
           this
           King
           ,
           and
           after
           he
           was
           President
           ;
           that
           is
           ,
           the
           clause
           of
           
             habeas
             Corpus
             ,
          
           and
           
             Prohibitions
             ;
          
           that
           no
           man
           should
           obtaine
           a
           
             Prohibition
             ,
          
           to
           stay
           any
           suit
           that
           should
           be
           commenced
           before
           him
           ,
           in
           the
           Councell
           of
           
             York
             ;
          
           that
           if
           any
           man
           should
           be
           imprisoned
           by
           any
           processe
           out
           of
           that
           Court
           ,
           he
           must
           have
           no
           
             Habeas
             corpus
             .
          
           A
           
             Prohibition
          
           is
           the
           only
           meanes
           to
           vindicate
           the
           estate
           of
           the
           subject
           ,
           if
           it
           be
           questioned
           without
           authoritie
           .
           A
           
             Habeas
             corpus
          
           is
           the
           onely
           meanes
           to
           vindicate
           his
           liberty
           ,
           if
           it
           be
           detained
           without
           law
           :
           but
           these
           doores
           must
           be
           shut
           against
           the
           Kings
           subjects
           ,
           that
           if
           either
           they
           be
           questioned
           ▪
           or
           restrained
           before
           him
           ,
           there
           must
           be
           no
           reliefe
           .
           How
           far
           he
           could
           goe
           further
           I
           am
           to
           seek
           ,
           there
           being
           no
           means
           for
           the
           subject
           to
           ●●lieve
           himselfe
           ,
           if
           he
           be
           questioned
           for
           his
           estate
           with●●…
           authoritie
           ;
           no
           meanes
           to
           redeeme
           himselfe
           ,
           if
           his
           person
           be
           imprisoned
           without
           law
           .
           And
           he
           had
           so
           incircled
           himselfe
           about
           ,
           that
           if
           the
           Judges
           should
           fine
           the
           party
           that
           returnes
           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
           referre
           it
           to
           your
           Lordships
           judgements
           ,
           whether
           this
           be
           not
           to
           draw
           an
           arbitrary
           power
           to
           himselfe
           .
        
         
           For
           the
           execution
           of
           this
           power
           ,
           it
           is
           true
           ,
           it
           is
           proved
           to
           be
           before
           the
           instructions
           in
           the
           eighth
           yeere
           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
           comming
           at
           the
           heeles
           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
           proofe
           ,
           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
           kneeles
           to
           his
           Majestie
           ,
           
             that
             this
             defect
             might
             bee
             supplied
             ,
             and
             this
             jurisdiction
             maintained
             ,
             else
             he
             might
             goe
             to
             his
             owne
             Cottage
             .
          
        
         
           And
           here
           being
           the
           just
           commencement
           of
           his
           greatnesse
           ,
           if
           you
           look
           to
           the
           second
           ,
           it
           followes
           ,
           that
           at
           the
           publick
           Assizes
           he
           declared
           ,
           
             that
             some
             were
             all
             for
             law
             ,
             but
             they
             should
             find
             the
             Kings
             little
             finger
             heavier
             then
             the
             loines
             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
           ,
           &
           so
           high
           expressions
           ,
           of
           an
           intention
           to
           counsell
           the
           King
           ,
           or
           act
           it
           himselfe
           ,
           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
           saies
           ,
           
             he
             heard
             other
             words
             ,
          
           but
           not
           that
           
             he
             heard
             not
             these
             words
             :
          
           If
           hee
           doth
           ,
           he
           must
           give
           me
           leave
           not
           to
           beleeve
           him
           ;
           for
           five
           affirmations
           will
           weigh
           downe
           the
           proofe
           of
           a
           thousand
           negatives
           .
        
         
           He
           staies
           not
           long
           in
           England
           with
           this
           power
           (
           though
           while
           he
           staies
           you
           heare
           how
           he
           vexes
           the
           subject
           )
           but
           then
           he
           goes
           into
           Ireland
           ;
           and
           as
           his
           authority
           increases
           ,
           so
           he
           ampliates
           his
           designe
           ;
           and
           no
           sooner
           is
           he
           there
           ,
           but
           the
           third
           Article
           is
           laid
           to
           his
           charge
           ,
           That
           when
           the
           City
           and
           Recorder
           of
           Dublin
           ,
           the
           principall
           City
           of
           Ireland
           ,
           presented
           the
           Mayor
           ,
           upon
           a
           solemne
           speech
           and
           discourse
           concerning
           the
           lawes
           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
           Lordships
           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
           expresse
           an
           arbitrary
           power
           ,
           and
           tyrannicall
           government
           ,
           how
           to
           expresse
           it
           in
           fitter
           words
           ,
           and
           more
           significant
           terms
           than
           these
           ,
           that
           
             the
             people
             shall
             be
             governed
             at
             the
             Kings
             will
             ,
             that
             their
             Charters
             ,
          
           the
           sinewes
           and
           ligatures
           of
           their
           liberties
           ,
           lands
           ,
           and
           estates
           ,
           
             should
             be
             nothing
             worth
             ,
             and
             bind
             no
             longer
             then
             the
             Kings
             pleasure
             ,
          
           specially
           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
           be
           three
           things
           a
           man
           
           enjoyes
           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
           tyrannicall
           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
           Peere
           of
           that
           Realm
           ,
           was
           sentenced
           to
           death
           by
           procurement
           of
           my
           Lord
           of
           
             Strafford
             ;
          
           who
           ,
           howsoever
           hee
           pretends
           himselfe
           not
           
             to
             be
             a
             Judge
             in
             the
             cause
             ,
          
           yet
           how
           farre
           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
             Straffords
             toe
             ;
          
           the
           sentence
           procured
           seven
           moneths
           after
           the
           words
           spoken
           ,
           and
           contrary
           to
           law
           ,
           and
           himselfe
           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
          
           himselfe
           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
             for
             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
             remaines
             no
          
           
           
             more
             but
             my
             command
             to
             the
             Provost
             Marshall
             to
             doe
             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
           goodnesse
           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
           appeares
           ,
           against
           law
           ;
           and
           though
           my
           Lord
           pretends
           the
           party
           was
           burnt
           in
           the
           hand
           ,
           yet
           that
           was
           not
           proved
           ,
           nor
           materiall
           :
           and
           for
           him
           to
           doe
           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
             bee
             pleased
             to
             grant
             him
             a
             Pardon
             .
          
           I
           perceive
           hee
           harboured
           in
           his
           thoughts
           ,
           that
           hee
           might
           hang
           the
           Kings
           subjects
           when
           he
           would
           ,
           and
           then
           get
           a
           Pardon
           of
           course
           for
           it
           .
           The
           Lord
           blesse
           me
           from
           his
           jurisdiction
           .
        
         
           My
           Lords
           ,
           give
           me
           leave
           to
           goe
           back
           againe
           ,
           here
           is
           power
           over
           the
           lives
           and
           liberties
           of
           the
           subject
           ;
           but
           he
           exercised
           likewise
           a
           Tyrannicall
           power
           over
           his
           estate
           .
           Your
           Lordships
           may
           be
           pleased
           to
           remember
           the
           fourth
           Article
           ,
           where
           he
           judges
           my
           Lord
           of
           
             Corks
          
           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
           yeeres
           ,
           upon
           a
           paper
           petition
           ,
           without
           rules
           of
           law
           .
           And
           whereas
           my
           Lord
           of
           
             Cork
          
           went
           about
           to
           redeeme
           himselfe
           (
           the
           law
           being
           every
           mans
           inheritance
           ,
           and
           that
           which
           he
           ought
           to
           enjoy
           )
           he
           tels
           him
           ,
           
             hee
             will
             lay
             him
             by
             the
             heeles
             ▪
             if
             he
             withdraw
             not
             his
             proces
             :
          
           and
           
           so
           when
           he
           hath
           judged
           him
           against
           an
           expresse
           Act
           of
           Parliament
           ,
           and
           Instructions
           ,
           and
           bound
           up
           a
           great
           Peere
           of
           the
           Realme
           ,
           hee
           will
           not
           suffer
           him
           to
           redeeme
           that
           wrong
           ,
           without
           a
           threat
           of
           
             laying
             him
             by
             the
             heeles
             ,
             and
             he
             will
             not
             have
             Law
             nor
             Lawyers
             question
             his
             Orders
             ,
             and
             would
             have
             them
             all
             know
             ,
             an
             Act
             of
             State
             should
             be
             equall
             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
           himselfe
           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
           illegall
           action
           )
           but
           hee
           cannot
           produce
           a
           precedent
           ,
           that
           ever
           any
           Deputy
           did
           determine
           concerning
           a
           mans
           private
           estate
           ;
           and
           if
           hee
           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
           doe
           so
           ,
           I
           refer
           it
           to
           the
           book
           in
           print
           ,
           where
           he
           determines
           the
           inheritance
           of
           a
           Nobleman
           in
           that
           Kingdome
           ,
           that
           is
           ,
           my
           Lord
           
             Dillon
             ,
          
           by
           a
           case
           falsly
           drawne
           ,
           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
           knowne
           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
           himselfe
           .
        
         
           The
           eighth
           Article
           containes
           severall
           charges
           ,
           as
           that
           of
           my
           Lord
           Chancellour
           ,
           
             how
             he
             imprisoned
             him
             upon
             a
             judgement
             before
             himselfe
             and
             the
             Councell
             ,
             how
             he
             inforced
             the
             Seale
             from
             him
             when
             hee
             had
             no
             authority
             ,
             nay
             ,
             though
             it
             were
             excepted
             by
             his
             Patent
             that
             hee
             should
             no
             way
             dispose
             of
             it
             ;
          
           but
           he
           looked
           not
           to
           Authority
           ,
           further
           then
           might
           make
           way
           to
           his
           will
           .
        
         
           Another
           concerns
           the
           prime
           Earle
           of
           that
           Kingdome
           ,
           my
           Lord
           of
           
             Kildare
             ,
          
           whom
           he
           imprisoned
           ,
           and
           kept
           close
           prisoner
           ,
           contrary
           to
           the
           Kings
           expresse
           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
           mee
           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
           beleeve
           little
           to
           my
           Lords
           advantage
           .
        
         
           But
           Your
           Lordships
           I
           think
           doe
           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
           L.
           Deputy
           and
           Councell
           for
           the
           very
           estate
           ,
           your
           Lordships
           remember
           how
           this
           came
           in
           judgement
           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
          
           himselfe
           ,
           that
           was
           willing
           to
           accept
           the
           money
           ,
           
             not
             to
             decline
             the
             way
          
           
           
             that
             he
             was
             in
             by
             petition
             ;
             five
             hundred
             pound
             more
             will
             doe
             him
             no
             hurt
             to
             carry
             into
             England
             with
             him
             :
          
           and
           yet
           ,
           without
           examination
           of
           a
           witnesse
           ,
           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
          
           prophecie
           ;
           for
           the
           man
           had
           five
           hundred
           pounds
           gaine
           above
           the
           Contract
           with
           my
           Lady
           
             Hibbots
             :
          
        
         
           But
           after
           ,
           the
           lands
           were
           sold
           for
           seven
           thousand
           pound
           ;
           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
           bargaine
           for
           three
           thousand
           pounds
           ,
           and
           to
           gain
           foure
           thousand
           pound
           presently
           :
           this
           you
           see
           proved
           by
           
             Hibbots
          
           the
           party
           ,
           and
           by
           master
           
             Hoy
          
           the
           son
           of
           the
           Lady
           
             Hibbots
             .
          
        
         
           So
           that
           here
           is
           a
           determination
           of
           a
           cause
           before
           the
           Councell
           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
           unlawfull
           jurisdiction
           over
           the
           Land
           and
           Estates
           of
           the
           subject
           ,
           I
           know
           not
           what
           is
           .
        
         
           In
           his
           answer
           to
           this
           case
           hee
           did
           open
           it
           (
           yet
           whether
           he
           mistook
           or
           no
           I
           know
           not
           )
           
             that
             hee
             had
             a
             letter
             from
             the
             King
             ,
          
           but
           he
           produces
           none
           in
           evidence
           ;
           and
           that
           is
           another
           mis-recitall
           .
           I
           am
           sorry
           he
           should
           mis-recite
           ,
           and
           fix
           it
           upon
           the
           person
           of
           his
           Soveraigne
           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
           
             Downe
          
           and
           
             Conner
             ,
          
           whereby
           he
           gives
           power
           to
           him
           and
           his
           Officers
           to
           apprehend
           any
           of
           the
           Kings
           subjects
           that
           appeared
           not
           upon
           Proces
           out
           of
           his
           Ecclesiasticall
           Courts
           ,
           expresly
           contrary
           to
           law
           ;
           and
           your
           Lordships
           have
           heard
           how
           miserably
           the
           Kings
           subjects
           were
           used
           by
           this
           warrant
           ,
           as
           hath
           beene
           proved
           by
           a
           Gentleman
           of
           quality
           ,
           Sir
           
             James
             Mountgomery
             :
          
           And
           howsoever
           hee
           pretends
           it
           was
           called
           in
           ,
           it
           was
           three
           whole
           yeers
           in
           execution
           ,
           before
           it
           was
           called
           in
           ;
           and
           though
           he
           pretends
           his
           Predecessours
           did
           ordinarily
           grant
           Warrants
           of
           that
           nature
           ,
           yet
           he
           proves
           no
           such
           thing
           .
        
         
           My
           Lord
           Primate
           was
           examined
           ,
           and
           he
           sayes
           ,
           that
           Bishop
           
             Mountgomery
          
           did
           tell
           him
           there
           was
           such
           a
           Warrant
           ,
           and
           one
           witnesse
           more
           speakes
           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
           universall
           ,
           and
           spread
           over
           the
           face
           of
           that
           Kingdome
           that
           was
           under
           his
           jurisdiction
           ,
           and
           that
           is
           in
           the
           tenth
           Article
           ,
           which
           concernes
           the
           Customes
           :
           where
           hee
           doth
           impose
           upon
           the
           Kings
           subjects
           a
           rate
           and
           taxe
           against
           law
           ,
           and
           enforces
           them
           to
           pay
           it
           ,
           or
           else
           punishes
           them
           for
           it
           ;
           which
           is
           expresly
           an
           arrogating
           to
           himselfe
           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
           Majestie
           ,
           so
           it
           is
           likewise
           an
           exercise
           of
           a
           tyrannicall
           jurisdiction
           over
           his
           subjects
           :
           That
           it
           is
           a
           fraud
           to
           his
           Majestie
           it
           plainly
           appeares
           ,
           for
           the
           King
           lost
           exceedingly
           by
           it
           ;
           whereas
           before
           the
           rent
           affoorded
           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
           yeere
           ;
           and
           likewise
           the
           Custome
           of
           
             London
             Durry
             ,
             Colerane
             ,
          
           and
           
             Knockfergus
             ,
          
           for
           which
           the
           King
           had
           reserved
           1700.
           l.
           a
           yeere
           ,
           besides
           the
           moity
           of
           the
           seisures
           :
           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
           yeere
           he
           and
           his
           sharers
           received
           39000.
           l.
           and
           in
           the
           last
           yeere
           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
           Customes
           ?
        
         
           It
           is
           true
           ,
           he
           sayes
           ,
           
             the
             King
             hath
             five
             eighth
             parts
             ,
          
           but
           it
           was
           but
           within
           these
           two
           yeeres
           ,
           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
           beleeve
           wee
           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
           doe
           my
           Lord
           of
           
             Strafford
          
           no
           injury
           :
           but
           I
           tell
           you
           how
           the
           proofe
           stands
           ;
           It
           was
           a
           book
           of
           rates
           framed
           before
           he
           came
           to
           the
           forme
           ,
           for
           the
           booke
           of
           rates
           was
           in
           March
           ,
           and
           the
           date
           of
           his
           assignment
           is
           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
           heeles
           of
           another
           ,
           and
           I
           beseech
           you
           observe
           
             cui
             bono
             ;
          
           the
           book
           of
           rates
           was
           procured
           within
           a
           moneth
           of
           the
           Patent
           ,
           but
           God
           
           knowes
           whether
           it
           were
           not
           within
           the
           compasse
           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
           heare
           me
           ;
           I
           am
           sure
           the
           benefit
           redounded
           to
           himselfe
           :
           and
           so
           here
           is
           an
           arbitrary
           government
           in
           imposing
           and
           forcing
           to
           pay
           ,
           for
           that
           I
           desire
           your
           Lordships
           to
           take
           with
           you
           ;
           and
           hee
           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
           concernes
           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
           beene
           a
           foule
           businesse
           if
           we
           had
           opened
           it
           ;
           but
           having
           enough
           besides
           ,
           we
           made
           not
           use
           of
           it
           :
           for
           the
           substance
           of
           the
           proofes
           by
           multiplicity
           of
           witnesses
           had
           beene
           ,
           That
           the
           parties
           themselves
           that
           bought
           the
           Pipe-staves
           for
           foure
           pound
           odd
           money
           ,
           were
           faine
           to
           sell
           them
           to
           his
           Instruments
           for
           six
           pounds
           ,
           and
           after
           to
           buy
           them
           againe
           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
           faile
           me
           not
           ,
           
             the
             desire
             of
             the
             Parliament
             ,
             that
             hee
             should
             take
             this
             into
             his
             hands
             for
             the
             King
             .
          
        
         
           My
           Lords
           ,
           therein
           ,
           under
           his
           favour
           ,
           hee
           hath
           mis-recited
           the
           evidence
           ,
           and
           spoken
           that
           hee
           cannot
           justifie
           ;
           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
           Customes
           into
           his
           hands
           for
           the
           advancement
           of
           his
           revenew
           ,
           that
           it
           might
           goe
           to
           maintaine
           himselfe
           ,
           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
           witnesse
           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
           meanes
           he
           first
           hinders
           the
           liberty
           of
           the
           subject
           from
           doing
           what
           the
           law
           allowes
           him
           ,
           and
           so
           takes
           on
           him
           an
           arbitrary
           power
           ;
           and
           secondly
           ,
           he
           ingrosses
           this
           commodity
           to
           himselfe
           ,
           deceiving
           his
           Majestie
           ,
           to
           whom
           he
           professeth
           so
           much
           fidelity
           ;
           for
           whereas
           there
           is
           5000.
           l.
           rent
           to
           the
           King
           ,
           he
           ,
           by
           the
           computation
           of
           Merchants
           ,
           receives
           neere
           140000
           ▪
           l.
           a
           yeer
           :
           And
           because
           their
           computations
           are
           not
           alwayes
           true
           ,
           I
           doe
           not
           care
           if
           I
           allow
           him
           40000.
           l.
           mistaken
           ,
           and
           then
           he
           will
           gaine
           neere
           100000.
           l.
           so
           that
           if
           he
           intends
           the
           Kings
           benefit
           ,
           it
           is
           wonder
           he
           told
           not
           his
           Majestie
           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
           hee
           omits
           nothing
           to
           cleere
           himselfe
           ,
           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
           beleeve
           will
           be
           so
           in
           the
           memories
           of
           the
           subjects
           of
           Ireland
           for
           many
           yeeres
           ,
           how
           he
           ingrossed
           it
           into
           his
           hands
           ,
           and
           interrupted
           the
           trade
           of
           the
           poore
           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
           witnesse
           ,
           and
           that
           man
           to
           be
           imprisoned
           ,
           and
           of
           no
           credit
           ,
           though
           he
           was
           his
           owne
           instrument
           ;
           your
           Lordships
           remember
           Sir
           
             John
             Clatworthy
          
           his
           testimony
           ,
           and
           anothers
           ,
           and
           his
           own
           Warrant
           produced
           ,
           and
           acknowledged
           here
           to
           justifie
           the
           execution
           of
           it
           ,
           and
           such
           a
           thing
           was
           thereby
           taken
           into
           his
           owne
           hands
           ,
           that
           I
           professe
           I
           never
           heard
           the
           like
           ,
           that
           the
           poore
           people
           should
           be
           constrained
           to
           use
           their
           owne
           as
           he
           pleased
           ,
           and
           that
           pleasing
           of
           himselfe
           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
           performe
           ;
           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
           performe
           ,
           and
           the
           disobedience
           must
           cost
           them
           no
           lesse
           then
           the
           losse
           of
           their
           goods
           ,
           which
           drew
           with
           it
           even
           the
           losse
           of
           their
           lives
           for
           want
           of
           bread
           .
           This
           was
           not
           proved
           by
           onely
           one
           witnesse
           ,
           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
             warre
             upon
             the
             Kings
             subjects
             ,
          
           expresly
           within
           the
           Statute
           of
           25.
           
             E.
          
           3.
           and
           18.
           
             H.
          
           6.
           
           Your
           Lordships
           have
           heard
           the
           Warrant
           
           proved
           by
           the
           party
           himselfe
           ,
           to
           whom
           it
           was
           directed
           ;
           whereby
           power
           was
           given
           to
           lay
           souldiers
           upon
           any
           party
           ,
           that
           did
           not
           obey
           my
           Lord
           of
           
             Straffords
          
           orders
           at
           the
           Councell
           Table
           ,
           but
           not
           to
           circumscribe
           him
           to
           a
           certain
           number
           ;
           but
           the
           Seargeant
           at
           Arms
           ,
           and
           his
           ministers
           ,
           might
           lay
           as
           many
           as
           they
           would
           .
           It
           is
           true
           ,
           this
           warrant
           was
           not
           it selfe
           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
           seale
           of
           my
           Lord
           of
           
             Strafford
             ,
          
           he
           proves
           the
           expresse
           authority
           of
           it
           ,
           which
           was
           to
           the
           effect
           I
           opened
           ;
           three
           or
           foure
           more
           ,
           who
           saw
           and
           read
           it
           ,
           proved
           the
           same
           :
           and
           that
           it
           was
           under
           the
           hand
           and
           seale
           of
           my
           Lord
           of
           
             Strafford
             ,
          
           that
           accordingly
           it
           was
           executed
           upon
           divers
           of
           the
           Kings
           subjects
           ;
           it
           was
           proved
           by
           three
           witnesses
           expresly
           in
           the
           point
           ,
           how
           by
           colour
           of
           this
           Warrant
           the
           Sergeant
           at
           Armes
           ,
           and
           his
           Officers
           ,
           sent
           souldiers
           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
           souldiers
           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
           hee
           hath
           againe
           mis-recited
           ;
           for
           he
           did
           not
           offer
           a
           proofe
           ,
           nor
           a
           particle
           of
           a
           proofe
           ,
           that
           ever
           any
           man
           did
           know
           souldiers
           laid
           upon
           any
           party
           for
           refusing
           to
           appeare
           to
           a
           Warrant
           ,
           or
           for
           other
           contempt
           at
           Councell
           Table
           ,
           before
           himselfe
           did
           it
           ;
           but
           hee
           offered
           to
           prove
           ,
           that
           
             formerly
             souldiers
             were
             sent
             against
             Rebels
             ,
             and
             that
             after
             they
             were
             declared
             to
             be
             Rebels
             ,
             and
             justly
             too
             ;
          
           and
           he
           proved
           an
           use
           and
           custome
           to
           force
           men
           to
           pay
           the
           contribution
           mony
           due
           
           to
           the
           King
           ,
           but
           that
           was
           by
           consent
           of
           the
           people
           ,
           who
           granted
           a
           contribution
           of
           20000.
           l.
           a
           yeere
           ,
           for
           encrease
           of
           the
           Kings
           revennue
           ;
           and
           that
           it
           might
           not
           be
           upon
           record
           in
           the
           Exchequer
           ,
           and
           so
           claimed
           as
           due
           in
           time
           to
           come
           ,
           they
           consented
           that
           souldiers
           should
           be
           laid
           upon
           them
           that
           refused
           it
           ;
           and
           the
           word
           (
           
             consent
          
           )
           is
           within
           the
           Statute
           of
           18.
           
             H.
          
           6.
           
           Againe
           ,
           did
           he
           prove
           all
           manner
           of
           rents
           were
           levied
           by
           souldiers
           ?
           no
           such
           thing
           ;
           but
           such
           rents
           as
           were
           designed
           for
           payment
           of
           the
           Army
           :
           he
           proved
           by
           Sir
           
             Arthur
             Terringham
          
           the
           laying
           of
           souldiers
           once
           for
           the
           payment
           of
           a
           summe
           of
           mony
           ;
           but
           sir
           
             Arthur
          
           being
           demanded
           whether
           it
           were
           the
           Kings
           rents
           ,
           or
           comprehended
           within
           the
           same
           generall
           rule
           ,
           he
           could
           make
           no
           answer
           thereunto
           .
        
         
           Your
           Lordships
           remember
           ,
           he
           sayes
           
             he
             did
             not
             know
             it
             ,
             and
             therefore
             probably
             it
             was
             the
             Kings
             rents
             ;
          
           and
           doubtlesse
           it
           was
           so
           .
        
         
           But
           if
           he
           had
           produced
           presidents
           ,
           it
           could
           not
           be
           an
           authority
           for
           Treason
           ,
           that
           if
           people
           did
           not
           appeare
           to
           his
           orders
           ,
           he
           must
           levie
           warre
           against
           the
           Kings
           subjects
           ;
           and
           for
           his
           extenuation
           of
           the
           warre
           ,
           
             that
             the
             same
             was
             of
             no
             great
             danger
             ,
             there
             being
             not
             above
             five
             or
             six
             souldiers
             layd
             at
             a
             time
             .
          
           I
           would
           to
           God
           the
           people
           oppressed
           by
           it
           ,
           had
           cause
           to
           undervalue
           it
           :
           I
           am
           sure
           foure
           or
           six
           Musketiers
           are
           as
           strong
           to
           oppresse
           a
           man
           as
           foure
           thousand
           ;
           so
           the
           matter
           of
           fact
           is
           strongly
           and
           expresly
           proved
           .
           Besides
           ,
           though
           there
           came
           not
           above
           foure
           or
           five
           to
           a
           house
           ,
           yet
           the
           authority
           given
           to
           the
           Sergeant
           was
           generall
           ;
           he
           might
           have
           brought
           more
           if
           hee
           had
           listed
           :
           and
           in
           truth
           hee
           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
          
           
           
             wherin
             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
             Fountaine
             ,
          
           their
           Soveraigne
           ,
           to
           deliver
           their
           complaints
           of
           their
           wrongs
           and
           oppressions
           .
           Your
           Lordships
           have
           heard
           how
           hee
           hath
           
             exercised
             his
             jurisdiction
             ,
          
           and
           now
           he
           raises
           a
           
             battery
             to
             secure
             and
             make
             it
             safe
             .
          
           If
           he
           doe
           wrong
           ,
           perhaps
           the
           complaint
           may
           come
           to
           the
           gracious
           eares
           of
           a
           King
           ,
           who
           is
           ready
           to
           give
           reliefe
           ,
           and
           therefore
           
             he
             must
             stop
             these
             cries
             ,
          
           and
           prevent
           these
           meanes
           ,
           that
           hee
           may
           goe
           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
             addresse
             first
             made
             to
             himselfe
             .
          
           It
           is
           true
           ,
           hee
           makes
           a
           faire
           pretence
           and
           shew
           for
           it
           ,
           and
           had
           just
           cause
           of
           approbation
           ,
           if
           he
           had
           intended
           what
           he
           pretended
           ;
           But
           as
           soon
           as
           he
           came
           into
           Ireland
           ,
           what
           use
           made
           hee
           of
           it
           ?
           he
           ingrosses
           the
           proceedings
           of
           almost
           all
           the
           Courts
           of
           Justice
           into
           his
           owne
           hands
           ,
           and
           so
           pre-possesses
           the
           King
           by
           a
           colourable
           proposition
           ,
           and
           prevents
           their
           comming
           over
           before
           they
           had
           made
           their
           addresse
           to
           himselfe
           ,
           and
           then
           he
           becomes
           the
           wrong
           doer
           ,
           and
           issues
           Proclamations
           for
           the
           hindering
           of
           the
           Kings
           subjects
           to
           seeke
           redresse
           without
           his
           leave
           ;
           which
           is
           as
           great
           a
           proofe
           of
           his
           designe
           ,
           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
           appeare
           in
           the
           sentence
           of
           a
           poor
           man
           ,
           one
           
             David
             ,
          
           who
           was
           censured
           ,
           and
           most
           heavily
           
           fined
           for
           comming
           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
           Councell
           Boord
           ,
           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
             Predecessours
             issued
             Proclamations
             to
             hinder
             the
             Kings
             subjects
             from
             going
             over
             ,
             lest
             they
             should
             joyne
             with
          
           O
           Neale
           
             and
          
           Tirconnell
           
             beyond
             sea
             ,
             and
             so
             it
             might
             be
             dangerous
             to
             the
             State
             ;
          
           but
           because
           they
           may
           joyn
           with
           Forreiners
           ,
           shall
           they
           therefore
           not
           come
           to
           the
           King
           to
           make
           just
           complaint
           ?
           what
           this
           argument
           is
           ,
           I
           referre
           to
           your
           Lordships
           judgments
           .
        
         
           Then
           he
           pretends
           a
           former
           president
           ,
           affirming
           that
           the
           like
           Instructions
           were
           given
           to
           my
           Lord
           of
           
             Faulkland
             ;
          
           but
           was
           there
           any
           ,
           that
           none
           should
           come
           to
           their
           Soveraigne
           to
           make
           their
           just
           appeale
           if
           injured
           ?
           Surely
           there
           was
           never
           any
           such
           Instruction
           before
           ,
           and
           I
           hope
           never
           will
           be
           againe
           .
        
         
           The
           next
           Article
           is
           the
           nineteenth
           :
           And
           now
           when
           hee
           had
           so
           plentifully
           exercised
           his
           tyranny
           over
           the
           lives
           ,
           the
           liberty
           ,
           and
           the
           estates
           of
           the
           Kings
           subjects
           .
           A
           man
           would
           think
           he
           could
           goe
           no
           further
           ;
           but
           see
           a
           Tyranny
           exercised
           beyond
           that
           ,
           and
           that
           is
           over
           the
           Consciences
           of
           men
           :
           hitherto
           hee
           dealt
           with
           the
           
             outward
             man
             ,
          
           and
           now
           hee
           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
             Majestie
             to
             doe
             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
           goodnesse
           and
           piety
           hee
           will
           withdraw
           his
           Command
           ,
           and
           not
           enforce
           execution
           ;
           and
           therefore
           if
           there
           were
           an
           errour
           ,
           the
           King
           is
           free
           ,
           and
           the
           Ministers
           to
           be
           justly
           charged
           with
           it
           .
        
         
           But
           there
           was
           no
           Command
           from
           the
           King
           to
           compell
           and
           enforce
           them
           to
           take
           the
           Oath
           by
           the
           power
           of
           the
           Star-chamber
           ,
           to
           commit
           them
           to
           prison
           ,
           to
           impose
           heavie
           fines
           ,
           and
           tyrannize
           over
           them
           ;
           all
           which
           he
           did
           in
           the
           case
           of
           
             Steward
             .
          
        
         
           And
           now
           one
           would
           have
           thought
           hee
           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
           streames
           (
           which
           was
           not
           a
           diverting
           of
           the
           course
           ,
           as
           he
           spoke
           in
           his
           answer
           ;
           for
           he
           not
           onely
           turned
           the
           course
           of
           the
           water
           ,
           but
           changed
           the
           nature
           of
           it
           ,
           converted
           it
           into
           poyson
           ,
           a
           legall
           and
           just
           proceeding
           into
           a
           Tyrannicall
           and
           Arbitrary
           government
           ,
           which
           is
           not
           turning
           ,
           but
           corrupting
           of
           the
           cleere
           and
           christall
           streams
           to
           bitternesse
           and
           death
           .
           )
           But
           yet
           the
           Fountaine
           remains
           cleere
           ,
           and
           perhaps
           when
           his
           hand
           is
           taken
           off
           ,
           you
           shall
           have
           the
           streames
           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
           goe
           about
           to
           corrupt
           the
           streames
           :
           if
           hee
           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
           goodnesse
           with
           wicked
           counsels
           ;
           but
           God
           be
           thanked
           he
           finds
           too
           much
           piety
           there
           to
           prevaile
           .
        
         
           And
           therefore
           the
           next
           Article
           is
           that
           ,
           that
           charges
           him
           
             to
             be
             an
             Incendiary
             to
             the
             warre
             betwixt
             the
             two
             Kingdomes
             :
          
           and
           now
           I
           shall
           be
           bold
           to
           unfold
           the
           mysterie
           ,
           and
           answer
           his
           objection
           :
           
             To
             what
             purpose
             should
             he
             be
             an
             Incendiary
             ?
             were
             it
             not
             better
             to
             enjoy
             his
             estate
             in
             peace
             and
             quietnesse
             ,
             then
             have
             it
             under
             danger
             of
             a
             warre
             ?
          
           Now
           your
           Lordships
           shall
           have
           the
           Riddle
           discovered
           .
        
         
           The
           first
           thing
           hee
           doth
           after
           his
           comming
           into
           England
           is
           ,
           to
           
             incense
             the
             King
             to
             a
             warre
             ,
          
           to
           involve
           two
           Nations
           ,
           of
           one
           faith
           ,
           and
           under
           one
           Soveraigne
           ,
           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
           proofes
           which
           will
           make
           it
           plaine
           ;
           and
           first
           give
           me
           leave
           to
           note
           unto
           your
           Lordships
           ,
           that
           his
           Majestie
           ,
           with
           much
           wisedome
           ,
           did
           in
           
             July
          
           1639.
           make
           a
           pacification
           with
           his
           subjects
           ,
           and
           even
           at
           the
           very
           heeles
           of
           this
           pacification
           ,
           when
           all
           things
           were
           at
           peace
           ,
           upon
           the
           tenth
           of
           
             September
             ,
          
           which
           was
           the
           next
           moneth
           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
           L.
           of
           
             Strafford
          
           was
           pleased
           to
           use
           of
           the
           Scots
           :
           when
           all
           was
           in
           quietnesse
           ,
           he
           then
           calls
           them
           
             no
             better
             then
             Traitours
             and
             Rebels
             ,
          
           if
           you
           
           will
           beleeve
           what
           the
           witnesse
           testifies
           ,
           whom
           my
           Lord
           is
           pleased
           to
           call
           a
           School-master
           :
           And
           truly
           admit
           hee
           were
           so
           ,
           
             because
             he
             is
             a
             School-master
             ,
             therefore
             not
             to
             be
             beleeved
             ,
          
           is
           a
           
             non
             sequitur
             .
          
           And
           another
           witnesse
           ,
           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
           ,
           unlesse
           it
           were
           an
           intention
           to
           be
           an
           Incendiary
           .
        
         
           My
           Lords
           ,
           I
           must
           say
           and
           affirme
           ,
           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
           ,
           hee
           ,
           comming
           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
           appeares
           ,
           no
           war
           was
           denounced
           ,
           there
           was
           no
           intention
           of
           a
           warre
           :
           But
           see
           what
           harboured
           in
           his
           breast
           all
           the
           while
           ?
        
         
           The
           fourth
           of
           
             December
          
           following
           ,
           my
           Lord
           
             Traquaire
          
           made
           his
           relation
           to
           the
           Councell
           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
           prepared
           ;
           yet
           you
           have
           heard
           his
           advice
           was
           
             for
             an
             offensive
             warre
             ,
          
           and
           
             that
             the
             Demands
             were
             a
             just
             cause
          
           of
           the
           war
           .
           And
           though
           he
           pretends
           
             hee
             said
             no
             more
             then
             what
             the
             rest
             of
             the
             Lords
             of
             the
             Councell
             concurred
             with
             him
             in
             ,
          
           
           I
           will
           joyne
           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
           Councell
           did
           say
           ,
           that
           
             these
             Demands
             hypothetically
             ,
             if
             the
             Scots
             did
             not
             give
             satisfaction
             by
             their
             reasons
             ,
             were
             a
             just
             cause
             of
             warre
             ;
          
           but
           not
           any
           Lord
           of
           the
           Councell
           was
           of
           opinion
           ,
           that
           
             the
             very
             Demands
             ,
             positively
             ,
             without
             hearing
             of
             the
             reasons
             ,
          
           were
           a
           just
           cause
           of
           warre
           ,
           but
           himselfe
           ;
           and
           I
           beleeve
           the
           noble
           Lords
           of
           the
           Councell
           their
           Consciences
           can
           tell
           them
           ,
           and
           I
           beleeve
           will
           deliver
           it
           to
           the
           rest
           of
           the
           Peeres
           ,
           that
           I
           speake
           truth
           .
        
         
           For
           
             the
             offensive
             warre
          
           he
           pretends
           a
           
             concurrence
             of
             the
             rest
             ,
          
           but
           it
           was
           disproved
           ;
           many
           were
           for
           it
           upon
           these
           termes
           ,
           
             if
             they
             did
             not
             give
             reasons
             ,
             and
             shew
             just
             cause
             for
             their
             Demands
             ;
          
           and
           many
           were
           against
           an
           
             offensive
             warre
          
           upon
           any
           terms
           ,
           and
           therefore
           herein
           he
           fixes
           that
           upon
           the
           Lords
           of
           the
           Councell
           ,
           that
           hee
           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
           designe
           to
           incense
           the
           King
           to
           this
           warre
           .
        
         
           My
           Lords
           ,
           hee
           is
           not
           at
           an
           end
           yet
           ,
           for
           he
           confesses
           himselfe
           that
           
             hee
             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
           weekes
           a
           
             proposition
             is
             made
             for
             supply
             towards
             a
             warre
             against
             the
             Scots
             :
          
           who
           was
           the
           cause
           of
           calling
           the
           Parliament
           ?
           
           himselfe
           ;
           and
           therefore
           who
           was
           the
           cause
           of
           this
           proposition
           but
           himselfe
           ?
           and
           so
           the
           calling
           of
           the
           Parliament
           is
           a
           concurring
           evidence
           of
           his
           being
           an
           Incendiary
           to
           put
           on
           the
           warre
           ;
           and
           it
           shall
           appeare
           anon
           absolutely
           ,
           that
           he
           was
           the
           occasion
           of
           it
           ,
           though
           he
           thinkes
           there
           be
           no
           proofe
           of
           it
           .
        
         
           Did
           not
           he
           goe
           over
           into
           Ireland
           ,
           and
           by
           his
           solicitation
           there
           ,
           Subsidies
           were
           granted
           by
           the
           Parliament
           ,
           onely
           
             to
             maintaine
             this
             warre
             ,
             and
             to
             shew
             their
             ingagement
             in
             it
             ?
          
           and
           who
           was
           the
           occasion
           of
           drawing
           them
           on
           ,
           I
           referre
           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
           seising
           the
           mint
           ,
           
             by
             giving
             them
             no
             better
             expressions
             than
             Rebels
             ;
          
           for
           ,
           saith
           he
           ,
           
             you
             are
             more
             forward
             to
             help
             the
             Rebels
             ,
             than
             to
             pay
             the
             King
             his
             owne
             :
          
           I
           know
           not
           who
           hee
           meant
           ,
           but
           certainly
           the
           Scots
           were
           in
           his
           thoughts
           ;
           so
           that
           from
           the
           beginning
           he
           incensed
           the
           warre
           against
           them
           :
           first
           ,
           hee
           
             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
           Councell
           ,
           
             for
             an
             offensive
             warre
             ;
          
           and
           putting
           all
           together
           ,
           I
           referre
           it
           to
           your
           Lordships
           judgement
           who
           is
           the
           Incendiary
           ;
           for
           how
           can
           it
           be
           proved
           more
           cleerely
           ,
           unlesse
           it
           should
           appeare
           under
           his
           hand
           and
           seale
           ,
           proved
           by
           two
           or
           three
           witnesses
           ?
        
         
           Now
           ,
           my
           Lords
           ,
           how
           comes
           this
           to
           be
           his
           designe
           ?
           here
           the
           mystery
           comes
           to
           be
           unfolded
           .
           Having
           thus
           incensed
           to
           the
           warre
           ,
           and
           ingaged
           the
           King
           to
           the
           uttermost
           ,
           
           and
           having
           a
           Parliament
           now
           dissolved
           without
           supply
           ,
           he
           sets
           up
           an
           
             Idol
             of
             his
             owne
             creation
             ,
          
           as
           a
           means
           to
           draw
           on
           his
           designe
           ,
           and
           that
           was
           
             necessity
             ;
          
           necessity
           is
           it
           that
           must
           enforce
           the
           King
           :
           what
           to
           doe
           ?
           to
           levie
           money
           ,
           to
           use
           his
           Prerogative
           ,
           to
           raise
           supplies
           upon
           his
           subjects
           without
           their
           consent
           ,
           against
           their
           will
           ,
           
             necessity
          
           must
           be
           his
           argument
           ,
           and
           
             this
             warre
          
           must
           be
           thē
           occasion
           of
           that
           
             necessity
             ,
          
           and
           without
           that
           he
           cannot
           suggest
           to
           the
           Kings
           eare
           ,
           or
           advise
           this
           necessity
           ,
           till
           this
           bee
           brought
           to
           passe
           .
        
         
           And
           now
           he
           hath
           brought
           it
           to
           passe
           ,
           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
             tried
             the
             affections
             of
             his
             people
             ,
             hee
             was
             loose
             ,
             and
             absolved
             from
             all
             rules
             of
             government
             ,
             and
             had
             an
             Army
             in
             Ireland
             which
             he
             might
             employ
             ,
             to
             reduce
             this
             Kingdome
             .
          
        
         
           That
           he
           spake
           these
           words
           to
           the
           King
           ,
           part
           is
           proved
           by
           two
           concurrent
           witnesses
           ,
           that
           is
           ,
           that
           
             having
             tried
             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
             materiall
             words
             are
             proved
             but
             by
             one
             witnesse
          
           (
           it
           seeming
           that
           hee
           held
           it
           not
           a
           materiall
           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
           satisfie
           my
           owne
           Conscience
           in
           it
           ,
           and
           make
           no
           great
           matter
           to
           quit
           the
           rest
           ;
           for
           I
           know
           not
           how
           he
           could
           expresse
           it
           in
           higher
           
           termes
           ,
           then
           that
           
             the
             King
             was
             absolved
             from
             rules
             of
             government
             ,
          
           for
           then
           he
           might
           doe
           
             what
             he
             would
             .
          
        
         
           It
           is
           true
           ,
           the
           latter
           words
           ,
           
             touching
             the
             Irish
             Army
             ,
          
           are
           expresly
           proved
           but
           by
           one
           witnesse
           ,
           master
           Secretary
           
             Vane
             ;
          
           but
           are
           fortified
           againe
           with
           such
           circumstances
           as
           make
           up
           more
           then
           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
             Radcliffe
             ,
             his
             bosome
             friend
          
           (
           to
           whom
           he
           had
           contributed
           without
           question
           his
           advice
           in
           all
           causes
           )
           the
           said
           Sir
           
             George
             Radcliffe
          
           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
           aboundance
           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
           
             Renula
          
           discovered
           the
           smoake
           of
           the
           fire
           that
           hee
           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
           beleeve
           he
           is
           convinced
           they
           had
           good
           cause
           )
           what
           is
           the
           reason
           this
           suspition
           should
           bee
           entertained
           at
           that
           time
           ,
           my
           Lord
           of
           
             Strafford
          
           being
           not
           then
           questioned
           for
           it
           ?
           and
           yet
           my
           Lord
           
             Renula
          
           should
           say
           ,
           
             Shall
             wee
             turne
             our
             swords
             upon
             our
             owne
             bowels
             ?
             shall
             we
             bring
             this
             Army
             to
             turne
             the
             points
             of
             our
             blades
             upon
             that
             Nation
             from
             whence
             we
             were
             all
             derived
             ?
          
           and
           that
           was
           before
           any
           conference
           with
           master
           Secretary
           
             Vane
             .
          
        
         
           Sir
           
             William
             Penniman
          
           himselfe
           ,
           his
           owne
           witnesse
           and
           friend
           ,
           sayes
           ,
           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
           witnesse
           that
           expresly
           proves
           the
           very
           words
           spoken
           
             in
             terminis
             ,
          
           as
           
             they
             bee
             charged
             ,
          
           if
           your
           Lordships
           put
           the
           whole
           together
           ,
           see
           whether
           there
           be
           not
           more
           then
           one
           witnesse
           .
        
         
           And
           ,
           under
           favour
           ,
           my
           Lord
           
             Cottington
             ,
          
           if
           you
           call
           to
           mind
           his
           testimony
           ,
           I
           must
           justifie
           ,
           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
           bee
           made
           .
           And
           that
           he
           testifies
           this
           ,
           I
           must
           affirme
           ,
           and
           most
           here
           will
           affirme
           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
           Admirall
           ,
           and
           my
           Lord
           
             Cottington
             ,
             that
             very
             question
             is
             asked
             ;
          
           so
           that
           his
           owne
           Conscience
           told
           him
           ,
           he
           had
           advised
           something
           to
           invade
           upon
           the
           people
           ,
           when
           he
           advised
           to
           
             a
             restitution
             after
             things
             should
             be
             settled
             :
          
           and
           so
           I
           referre
           it
           to
           your
           Lordships
           consideration
           ,
           whether
           here
           bee
           not
           more
           then
           
             one
             witnesse
             by
             farre
             .
          
        
         
           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
             ,
          
           master
           
             Slings
             by
             ,
          
           Sir
           
             William
             Penniman
             ,
          
           and
           others
           .
           Secondly
           ,
           that
           
             others
             that
             were
             present
             ,
             when
             the
             words
             are
             supposed
             to
             be
             spoken
             ,
             did
             not
             heare
             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
           allegarion
           may
           be
           true
           ,
           and
           the
           charge
           stand
           true
           likewise
           .
        
         
           Beside
           that
           it
           was
           intended
           orriginally
           for
           Scotland
           ,
           what
           proofe
           makes
           hee
           ?
           
             Hee
             told
             severall
             persons
             of
             the
             designe
             ,
          
           but
           I
           will
           be
           tryed
           by
           himselfe
           ,
           he
           told
           some
           ,
           
             it
             was
             for
             Scotland
             ,
          
           he
           told
           others
           
             it
             was
             for
             England
             ;
          
           and
           why
           you
           should
           beleeve
           his
           telling
           on
           one
           side
           ,
           more
           then
           on
           the
           other
           side
           I
           know
           not
           ;
           though
           he
           pretends
           a
           reason
           of
           his
           severall
           allegations
           that
           
             the
             world
             should
             not
             know
             his
             designe
             ,
          
           but
           if
           you
           will
           not
           beleeve
           him
           one
           way
           ,
           why
           should
           he
           be
           beleeved
           the
           other
           way
           ?
           and
           if
           not
           the
           other
           way
           ,
           why
           the
           first
           way
           ?
        
         
           For
           the
           second
           ,
           
             severall
             persons
             were
             present
             when
             the
             words
             were
             spoken
             touching
             the
             Irish
             Armie
             ,
             and
             they
             were
             examined
             ,
             and
             remember
             not
             the
             words
             ;
          
           but
           one
           man
           may
           heare
           ,
           though
           twentie
           doe
           not
           heare
           ;
           and
           this
           is
           no
           contradiction
           at
           all
           :
           For
           those
           persons
           whom
           he
           examined
           ,
           the
           Lord
           Treasurer
           ,
           Marquesse
           
             Hambleton
             ,
          
           my
           Lord
           
             Cottington
             ,
          
           did
           not
           heare
           the
           words
           that
           are
           proved
           by
           two
           witnesses
           ,
           
             concerning
             the
             Kings
             being
             loose
             ,
             and
             absolved
             from
             rules
             of
             government
             :
          
           and
           if
           they
           did
           not
           heare
           
             those
             words
             ,
          
           no
           marvaile
           they
           did
           not
           heare
           
             the
             other
             :
          
           and
           therefore
           that
           which
           hee
           himselfe
           pretends
           to
           be
           a
           convincing
           testimonie
           ,
           is
           nothing
           at
           all
           ;
           so
           that
           his
           objections
           are
           clearely
           taken
           away
           ,
           and
           the
           single
           testimonie
           fortified
           with
           testimonies
           that
           make
           above
           one
           witnesse
           ,
           and
           so
           the
           words
           are
           fully
           proved
           .
        
         
           But
           to
           fortifie
           the
           whole
           ,
           I
           shall
           handle
           all
           these
           Articles
           together
           ,
           This
           designe
           to
           subvert
           the
           Law
           ,
           and
           to
           exercise
           an
           arbitrary
           power
           above
           the
           Law
           in
           this
           kingdome
           ,
           will
           (
           upon
           the
           proofes
           putting
           them
           altogether
           ,
           and
           not
           taking
           them
           in
           pieces
           as
           my
           Lord
           of
           
             Strafford
          
           hath
           done
           )
           appeare
           to
           have
           been
           harboured
           in
           his
           
           thoughts
           ,
           and
           settled
           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
             doe
             every
             thing
             that
             power
             would
             admit
             ,
             and
             his
             Majesties
             had
             tryed
             all
             wayes
             ,
             and
             was
             refused
             ,
             and
             should
             be
             acquitted
             of
             God
             and
             man
             ,
             and
             had
             an
             army
             in
             Ireland
             ,
             wherewith
             if
             hee
             pleased
             he
             might
             reduce
             this
             kingdome
             :
          
           so
           there
           must
           be
           a
           triall
           of
           his
           people
           ,
           
             for
             supply
             that
             is
             denyed
             ,
          
           which
           must
           be
           interpreted
           ,
           a
           
             defection
             by
             refusall
             ,
          
           and
           this
           refusall
           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
           shewes
           that
           this
           very
           thing
           that
           hapned
           did
           harbour
           in
           his
           thoughts
           long
           before
           the
           breach
           of
           the
           Parliament
           ,
           and
           the
           occasion
           of
           the
           Armie
           .
        
         
           Your
           Lordships
           have
           heard
           it
           confessed
           by
           himselfe
           ,
           
             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
           predesigned
           by
           my
           L.
           of
           
             Strafford
          
           himselfe
           ,
           I
           beseech
           you
           observe
           these
           things
           following
           ,
           that
           is
           ,
           
             the
             words
             in
             the
             two
             and
             twentieth
             Article
             ,
             That
             his
             Majestie
             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
             ,
             hee
             would
             serve
             him
             any
             other
             way
             ;
          
           and
           this
           is
           before
           the
           Parliament
           set
           :
           now
           if
           your
           Lordships
           heare
           the
           proofes
           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
           kingdome
           ,
           testifies
           ,
           my
           Lords
           ,
           saying
           ,
           
             That
             if
             the
             Parliament
             will
             not
             supply
             his
             Majestie
             ,
             the
             King
             was
             acquitted
             before
             God
             and
             Man
             ,
             if
             hee
             tooke
             some
             other
             course
             to
             supply
             himselfe
             ,
             though
             against
             the
             will
             of
             the
             Subjects
             .
          
           I
           beseech
           your
           Lordships
           observe
           how
           he
           prophecies
           these
           things
           must
           come
           to
           passe
           ,
           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
             Majestie
             ,
             the
             King
             was
             acquitted
             before
             God
             and
             Man
             ,
             if
             hee
             tooke
             another
             course
             to
             supply
             himselfe
             ,
             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
           designe
           before
           hand
           in
           his
           thoughts
           .
        
         
           Now
           the
           Parliament
           being
           broken
           before
           answer
           to
           the
           demand
           given
           ,
           he
           vents
           his
           counsell
           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
             heeles
             ,
             and
             no
             good
             would
             be
             done
             till
             some
             of
             them
             bee
             hanged
             ,
          
           so
           you
           heare
           his
           advice
           ;
           I
           beseech
           your
           Lordships
           observe
           what
           successe
           this
           advice
           tooke
           ;
           
             foure
             Aldermen
             were
             instantly
             committed
             ,
          
           
           and
           then
           the
           Councell
           of
           the
           three
           and
           twentieth
           Article
           is
           fomented
           .
        
         
           First
           ,
           he
           foments
           the
           
             warre
             ,
          
           then
           there
           is
           a
           necessitie
           ,
           the
           defection
           of
           the
           Parliament
           must
           set
           the
           King
           
             loose
             from
             rules
             of
             government
             ,
          
           and
           now
           see
           whether
           the
           occasion
           of
           the
           warre
           ,
           the
           calling
           of
           the
           Parliament
           ,
           the
           dissolving
           of
           it
           ,
           be
           not
           adequate
           to
           what
           he
           propounded
           to
           himselfe
           ,
           namely
           ,
           to
           set
           up
           an
           
             arbitrary
             government
             .
          
        
         
           Your
           Lordships
           remember
           how
           fresh
           my
           Lord
           of
           Bristowes
           memorie
           is
           ,
           touching
           my
           Lord
           of
           
             Straffords
          
           opinion
           upon
           the
           dissolution
           of
           the
           Parliament
           ,
           how
           he
           declared
           unto
           my
           Lord
           of
           Bristow
           instantly
           within
           three
           or
           fower
           dayes
           after
           ,
           
             That
             the
             King
             was
             not
             to
             be
             mastered
             by
             the
             frowardnesse
             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
           owne
           brother
           ,
           that
           knew
           much
           of
           his
           Councell
           ,
           and
           his
           words
           are
           ,
           
             That
             the
             English
             Nation
             would
             never
             be
             well
             ,
             till
             they
             were
             conquered
             over
             againe
             .
          
           So
           my
           Lords
           put
           all
           together
           ,
           if
           he
           
             declared
             his
             owne
          
           intentions
           ,
           if
           actions
           ,
           in
           executing
           of
           this
           tyrannicall
           ,
           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
           referre
           it
           to
           your
           Lordships
           judgements
           ,
           whether
           here
           be
           not
           a
           good
           proofe
           of
           the
           Article
           laid
           to
           his
           charge
           .
        
         
           My
           Lord
           in
           the
           seven
           and
           twentieth
           Article
           hee
           is
           
             charged
             with
             levying
             of
             warre
             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
           Musketeers
           ,
           fower
           together
           
             in
             the
             towne
             ,
          
           and
           one
           by
           one
           
             out
             of
             the
             towne
             ,
          
           did
           compell
           them
           to
           pay
           the
           fortnights
           contribution
           ,
           
             else
             they
             were
             to
             serve
             in
             person
             :
          
           That
           hee
           did
           this
           by
           warrant
           is
           likewise
           
             confessed
             by
             Sir
             William
             Penyman
             ;
          
           and
           whether
           this
           were
           an
           authoritie
           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
           Sr.
           
             William
             Penyman
          
           himselfe
           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.
           
             Cholmeley
          
           )
           that
           this
           money
           should
           be
           paid
           ,
           or
           levied
           on
           the
           subjects
           goods
           ;
           
             Then
             his
             declaration
             to
          
           Sir
           
             William
             Penyman
             ,
          
           (
           in
           pursuance
           of
           which
           he
           made
           his
           warrant
           )
           
             That
             it
             was
             the
             assent
             of
             the
             Lords
             of
             the
             great
             Councell
             ,
          
           that
           this
           money
           should
           be
           levied
           ;
           and
           taking
           all
           together
           ,
           whether
           it
           fixes
           it
           not
           upon
           him
           to
           be
           the
           authour
           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
           behalfe
           of
           the
           Commons
           .
        
         
           And
           now
           give
           me
           leave
           to
           put
           your
           Lordships
           in
           mind
           of
           some
           evidences
           offered
           by
           my
           Lord
           of
           Strafford
           himselfe
           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
             Peeres
             of
             the
             kingdome
             of
             Ireland
             ,
             and
             determining
             them
             ,
             upon
             paper
             petitions
             in
             an
             arbitrary
             way
             ▪
          
           your
           Lordships
           have
           heard
           him
           speake
           it
           before
           ,
           and
           repeat
           it
           this
           day
           ,
           
             that
             he
             did
             it
             out
             of
             compassion
             for
             the
             more
             expeditious
             proceeding
             on
             behalfe
             of
             the
             poore
             ,
             against
             these
             mighty
             ▪
          
           But
           then
           ,
           my
           Lords
           ,
           I
           beseech
           you
           compare
           some
           other
           part
           of
           his
           proceedings
           .
           Your
           Lordships
           remember
           the
           businesse
           of
           the
           Flax
           ,
           
             which
             concernes
             the
             poore
             wholly
             and
             universally
             ;
          
           and
           if
           
             compassion
          
           had
           beene
           the
           
             rule
             and
             direction
          
           of
           his
           actions
           towards
           
             the
             poore
             ▪
          
           surely
           this
           would
           have
           beene
           a
           just
           cause
           to
           have
           commiserated
           
             them
             in
             this
             case
             ;
          
           but
           hee
           exercised
           his
           power
           
             over
             them
             ,
          
           and
           over
           them
           
             wholly
             ,
          
           and
           over
           them
           
             universally
             :
          
           and
           therefore
           it
           shewes
           ,
           it
           is
           not
           his
           
             compassion
             to
             the
             poore
             ,
          
           nor
           respect
           to
           the
           rich
           ,
           or
           mighty
           ,
           that
           will
           any
           way
           restraine
           or
           obstruct
           his
           wayes
           ,
           to
           his
           owne
           will
           .
           And
           therefore
           you
           may
           see
           what
           truth
           there
           is
           in
           his
           answer
           ,
           by
           comparing
           one
           part
           of
           the
           charge
           with
           another
           ,
           when
           the
           businesse
           of
           the
           Flax
           brought
           that
           
             calamity
             upon
             the
             Kings
             Subjects
             ,
          
           that
           thousands
           of
           them
           perished
           for
           lacke
           of
           bread
           ,
           and
           dyed
           in
           ditches
           .
        
         
           Secondly
           ,
           your
           Lordships
           have
           often
           heard
           him
           use
           a
           
             Rhetoricall
             insinuation
             ,
          
           wondering
           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
           
             Mount-Norris
          
           where
           
             words
             were
          
           spoken
           in
           an
           
             ordinary
             discourse
          
           at
           dinner
           ,
           and
           
             slight
             ones
             ,
          
           God
           knowes
           ,
           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
             Mount-Norris
             his
             life
             ;
          
           gets
           a
           
             sentence
             of
             death
          
           against
           him
           ,
           and
           that
           against
           Law
           ,
           with
           a
           high
           hand
           ,
           in
           such
           a
           manner
           ,
           as
           I
           thinke
           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
           himselfe
           ;
           and
           yet
           when
           he
           comes
           to
           act
           his
           power
           ,
           you
           see
           his
           exercise
           of
           it
           .
        
         
           You
           have
           heard
           how
           hee
           magnifies
           his
           zeale
           for
           
             advancing
             the
             Kings
             benefit
             ,
             &
             revennue
             ,
          
           and
           his
           
             care
             of
             his
             service
             ,
          
           and
           would
           
             shelter
             and
             protect
             himselfe
             under
             it
             ,
             to
             justifie
             an
             exorbitant
             action
             ▪
          
           but
           if
           your
           Lordships
           call
           to
           mind
           the
           businesse
           of
           
             Customes
             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
           Custome
           ,
           and
           received
           a
           small
           rent
           in
           the
           case
           of
           Tobacco
           ,
           my
           Lord
           himselfe
           in
           the
           meane
           time
           imbursing
           such
           vast
           summes
           of
           money
           :
           where
           is
           then
           the
           discharge
           of
           his
           trust
           ?
           where
           is
           his
           care
           to
           advance
           the
           Kings
           rents
           ▪
           to
           encrease
           his
           revennue
           ?
           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
           then
           this
           day
           )
           with
           the
           Peeres
           of
           the
           Realme
           ,
           magnifying
           them
           
             almost
             to
             Idolatrie
             ;
          
           and
           yet
           my
           Lords
           ,
           
             when
             he
             was
             in
             his
             kingdome
             ,
          
           in
           Ireland
           ,
           and
           had
           power
           over
           them
           ,
           what
           respect
           shewed
           he
           then
           to
           the
           Peeres
           of
           the
           kingdome
           ,
           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
           owne
           advantage
           ,
           you
           may
           remember
           ,
           when
           there
           was
           an
           unlawfull
           Act
           to
           be
           committed
           ,
           that
           is
           ,
           the
           levying
           of
           money
           in
           the
           North
           ,
           what
           regard
           had
           he
           then
           to
           the
           Peeres
           of
           the
           kingdome
           ,
           when
           hee
           comes
           to
           justifie
           and
           boulster
           up
           high
           treason
           it selfe
           ,
           under
           the
           name
           and
           authoritie
           
             of
             the
             great
             Councell
             ,
          
           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
           lyes
           under
           your
           mercy
           ,
           and
           power
           :
           But
           what
           doe
           I
           speake
           of
           the
           Peers
           of
           the
           kingdome
           ,
           and
           his
           using
           of
           them
           ?
           My
           Lords
           ,
           he
           spared
           not
           
             his
             Soveraigne
             ,
             his
             Majestie
          
           in
           his
           whole
           defence
           ;
           for
           being
           charged
           with
           offences
           of
           a
           high
           nature
           ,
           hee
           justifies
           those
           offences
           under
           the
           pretence
           ,
           and
           under
           the
           authoritie
           of
           his
           Majestie
           ,
           our
           gracious
           King
           and
           Soveraigne
           ,
           even
           
             murder
             it selfe
             ,
          
           in
           the
           case
           of
           
             Denwit
             ,
          
           and
           
             my
             Lord
             Mountnorris
             .
          
           Treason
           it selfe
           ,
           in
           the
           fifteenth
           Article
           by
           a
           command
           in
           Ireland
           ,
           and
           in
           the
           seven
           and
           twentieth
           ,
           by
           a
           pretended
           authoritie
           from
           his
           Majestie
           in
           the
           face
           of
           his
           people
           ;
           hee
           justifies
           my
           Lord
           
             Mountnorrice
          
           his
           sentence
           
             by
             a
             letter
             from
             his
             Majestie
             ,
             Denwits
          
           sentence
           by
           
             a
             Commission
             from
             his
             Majestie
             ,
          
           and
           hee
           read
           three
           or
           fower
           clauses
           to
           that
           purpose
           .
        
         
           My
           Lords
           ,
           my
           Lord
           of
           
             Strafford
          
           doth
           very
           well
           know
           (
           and
           if
           he
           doth
           not
           know
           it
           ,
           I
           have
           a
           witnesse
           to
           produce
           against
           him
           ,
           which
           I
           wil
           not
           examine
           ,
           but
           refer
           it
           to
           his
           owne
           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
           unlawfull
           act
           be
           committed
           ,
           specially
           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
           justifie
           an
           unlawfull
           act
           in
           that
           way
           ,
           can
           doe
           him
           no
           good
           ;
           and
           his
           owne
           understanding
           knowes
           ,
           it
           may
           doe
           the
           King
           harme
           ,
           if
           wee
           had
           not
           so
           gracious
           a
           King
           ,
           that
           no
           such
           thing
           can
           doe
           harme
           unto
           .
        
         
           But
           ,
           my
           Lords
           ,
           to
           produce
           the
           Kings
           warrant
           to
           justifie
           his
           actions
           under
           his
           Patent
           and
           Command
           ,
           what
           is
           it
           else
           ,
           but
           so
           farre
           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
           splendour
           of
           his
           glory
           and
           justice
           cannot
           bee
           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
           justifie
           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
           beleeved
           ,
           that
           the
           occasion
           of
           these
           their
           groanes
           proceeded
           from
           his
           sacred
           Majestie
           ?
           yet
           God
           be
           thanked
           the
           strength
           of
           that
           Sunne
           is
           powerfull
           enough
           to
           dispell
           these
           vapours
           ,
           and
           to
           disperse
           the
           cloud
           that
           hee
           would
           have
           raised
           ;
           but
           in
           the
           meane
           time
           my
           Lord
           is
           nothing
           to
           bee
           excused
           .
        
         
           My
           Lords
           ,
           he
           may
           pretend
           zeale
           to
           the
           Kings
           service
           ,
           and
           affection
           to
           his
           honour
           ,
           but
           give
           me
           leave
           not
           to
           beleeve
           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
           himselfe
           now
           confesses
           
             to
             be
             against
             law
             ;
          
           he
           should
           justifie
           it
           under
           the
           Kings
           authority
           ;
           that
           savours
           
           not
           of
           
             a
             good
             servant
             :
          
           I
           will
           say
           no
           more
           .
        
         
           My
           Lords
           ,
           he
           is
           charged
           with
           exercising
           of
           a
           tyrannicall
           power
           over
           the
           Kings
           people
           ,
           and
           in
           his
           defence
           your
           Lordsh●ps
           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
           foule
           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
           bottomlesse
           a
           gulfe
           ,
           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
           farre
           as
           in
           him
           lyes
           ,
           to
           make
           the
           people
           beleeve
           (
           for
           I
           may
           not
           forget
           the
           words
           hee
           hath
           used
           )
           
             by
             his
             magnifying
             of
             the
             Prerogative
             ,
             that
             it
             hath
             a
             speciall
             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
           anything
           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
           ,
           then
           ,
           as
           much
           as
           in
           him
           lies
           ,
           to
           make
           the
           subject
           beleeve
           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
           Crowne
           ,
           by
           fixing
           a
           
             jealousie
          
           in
           them
           ,
           that
           it
           may
           bee
           a
           meanes
           of
           their
           
             bondage
             and
             slavery
             .
          
        
         
           But
           there
           is
           so
           much
           
             piety
             and
             goodnesse
             in
             the
             Kings
             heart
             ,
          
           that
           I
           hope
           ,
           upon
           faire
           understanding
           ,
           there
           will
           be
           no
           such
           occasion
           ;
           but
           no
           thankes
           to
           the
           party
           ,
           that
           so
           much
           adva●●ed
           the
           prerogative
           in
           the
           case
           and
           condition
           he
           stands
           in
           ,
           to
           justifie
           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
           ,
           then
           to
           have
           the
           throne
           incircled
           with
           
             good
             Counsellers
             ;
          
           and
           no
           greater
           danger
           to
           both
           ,
           then
           to
           have
           it
           encompassed
           with
           
             wicked
             and
             dangerous
             ones
             ;
          
           and
           yet
           I
           beseech
           you
           call
           to
           mind
           how
           hee
           hath
           attempted
           to
           deprive
           the
           subject
           of
           all
           meanes
           to
           discover
           this
           danger
           ,
           by
           insinuating
           to
           your
           Lordships
           ,
           
             what
             a
             dangerous
             thing
             it
             were
             ,
             if
             Counsellers
             should
             be
             called
             in
             question
             for
             giving
             of
             counsell
             ;
             for
             who
             then
          
           (
           saith
           he
           )
           
             would
             be
             a
             Counseller
             ?
             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
             Councellours
             about
             him
             ?
          
           and
           yet
           he
           infuses
           that
           venome
           ,
           that
           
             the
             questioning
             of
             Counsellours
             is
             dangerous
             both
             to
             King
             and
             Peeres
             ,
             if
             it
             should
             be
             brought
             into
             example
             .
          
           My
           Lords
           ,
           for
           many
           yeeres
           by
           past
           ,
           your
           Lordships
           know
           
             an
             evill
             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
           counsell
           given
           of
           late
           to
           
             doe
             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
             beene
             laid
             ,
          
           to
           the
           great
           comfort
           of
           King
           and
           Kingdome
           ,
           by
           your
           Lordships
           ,
           and
           all
           the
           Commons
           in
           Parliament
           .
           And
           when
           he
           stands
           under
           this
           question
           ,
           and
           goes
           about
           to
           justifie
           his
           exorbitant
           actions
           ,
           how
           often
           hath
           he
           created
           this
           Idol
           againe
           ?
           and
           therefore
           I
           am
           affraid
           he
           discovers
           too
           much
           his
           owne
           heart
           in
           it
           .
        
         
           My
           Lor
           :
           I
           may
           not
           omit
           some
           other
           passages
           in
           his
           defence
           ,
           
             how
             he
             hath
             cast
             scandalls
             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
             hee
             had
             time
             he
             would
             make
             it
             appeare
             )
             with
             a
             strong
             conspiracy
             .
          
           Here
           is
           a
           scandall
           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
           scandall
           that
           I
           cannot
           omit
           to
           put
           your
           Lordships
           in
           mind
           of
           ;
           and
           the
           rather
           ,
           because
           this
           Remonstrance
           ,
           presented
           from
           the
           Parliament
           of
           Ireland
           ,
           did
           beare
           date
           before
           my
           Lord
           of
           
             Strafford
          
           was
           charged
           here
           ,
           which
           is
           very
           remarkable
           ,
           
             viz.
          
           the
           seventh
           of
           
             November
             ;
          
           and
           therefore
           ,
           though
           he
           pretends
           a
           correspondence
           ,
           certainly
           there
           could
           be
           none
           then
           ,
           for
           he
           is
           not
           charged
           here
           til
           the
           tenth
           .
        
         
         
           And
           the
           same
           day
           ,
           justifying
           a
           sentence
           in
           the
           Castle
           Chamber
           ,
           your
           Lordships
           remember
           he
           affirmed
           ,
           that
           
             unlesse
             a
             strict
             hand
             were
             kept
             upon
             the
             Nation
             there
             ,
             they
             would
             find
             it
             hard
             to
             prevent
             perjury
             ,
             one
             of
             the
             most
             crying
             sinnes
             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
           referre
           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
           tyrannicall
           government
           ,
           in
           reference
           to
           some
           Orders
           of
           the
           Commons
           House
           in
           Ireland
           ,
           hee
           used
           words
           to
           this
           purpose
           :
           
             You
             talk
             of
             an
             Arbitrary
             government
             ,
             looke
             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
           hee
           is
           chained
           and
           muzzled
           under
           the
           restraint
           and
           question
           of
           high
           Treason
           ,
           will
           here
           take
           the
           boldnesse
           to
           vent
           this
           language
           ,
           and
           expresse
           this
           malignity
           ,
           how
           would
           he
           doe
           if
           he
           were
           unchained
           ?
           how
           would
           he
           devoure
           ?
           how
           would
           he
           destroy
           ?
           &c.
           
        
         
           My
           Lords
           ,
           something
           concernes
           your
           Lordships
           ;
           your
           Lordships
           remember
           that
           hee
           was
           not
           backward
           in
           his
           owne
           answer
           ,
           to
           
             fix
             a
             charge
             of
             high
             Treason
             upon
             the
             Lords
             of
             the
             great
             Councell
             ;
          
           and
           howsoever
           ,
           hee
           hath
           affirmed
           this
           day
           ,
           I
           must
           open
           it
           againe
           ,
           that
           the
           charge
           of
           the
           seven
           and
           twentieth
           Article
           he
           fixes
           in
           
           his
           answer
           to
           be
           
             by
             consent
             of
             the
             Lords
             of
             the
             great
             Councell
             ,
          
           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
           fundamentall
           lawes
           of
           both
           Kingdomes
           ,
           in
           defence
           whereof
           your
           noble
           Ancestors
           spent
           their
           lives
           and
           bloods
           .
           My
           Lords
           ,
           you
           are
           the
           
             sonnes
             of
             those
             fathers
             ,
          
           and
           the
           same
           blood
           runs
           in
           
             your
          
           veines
           ,
           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
           kingdomes
           presented
           before
           you
           against
           this
           great
           person
           ;
           whereby
           you
           Lordships
           perceive
           that
           a
           great
           storme
           of
           distemper
           and
           distraction
           hath
           been
           raised
           ,
           that
           threatens
           the
           ruine
           and
           distraction
           of
           them
           all
           .
        
         
           The
           Commons
           ,
           with
           much
           paines
           and
           diligence
           ,
           and
           to
           their
           great
           expence
           ,
           have
           discoved
           the
           
             Jonas
             ,
          
           that
           is
           ,
           the
           occasion
           of
           this
           tempest
           .
        
         
           They
           have
           still
           and
           will
           discharge
           their
           Consciences
           ,
           (
           as
           much
           as
           in
           them
           lyes
           )
           to
           cast
           him
           out
           of
           the
           Ship
           ,
           and
           allay
           this
           Tempest
           .
        
         
           They
           expect
           and
           are
           confident
           your
           Lordships
           will
           perfect
           the
           worke
           ,
           and
           that
           with
           expedition
           ,
           lest
           with
           the
           continuance
           of
           the
           storme
           ,
           both
           Ship
           ,
           and
           Tackling
           ,
           and
           Mariners
           ,
           both
           Church
           and
           Common-wealth
           bee
           ruined
           and
           destroyed
           :
           The
           danger
           and
           horrour
           of
           this
           storme
           ,
           your
           Lordships
           shall
           heare
           by
           the
           Gentleman
           that
           is
           next
           to
           speake
           .
        
         
           FINIS
           .