THE
TRYAL
OF
T.
Earl
of
Strafford
.
The
First
day
.
Monday
,
March
22.
1640.
THe
Lords
being
set
in
a
place
prepared
in
Westminster-hall
,
purposely
for
the
Arraignment
of
Thomas
Earl
of
Strafford
,
upon
a
charge
of
High
Treason
laid
upon
him
by
the
Commons
House
of
Parliament
,
in
the
Name
of
themselves
,
and
of
all
the
Commons
of
England
.
And
the
House
of
Commons
being
there
likewise
,
seated
as
a
Committee
;
and
those
who
were
to
manage
the
Evidence
on
behalf
of
the
House
of
Commons
,
being
Members
of
that
House
,
standing
at
the
Barr
,
The
Prisoner
was
called
for
;
And
being
brought
by
Sir
William
Balfour
,
Lieutenant
of
the
Tower
,
after
Obeisances
given
,
he
came
to
the
Barr
and
kneeled
;
and
after
standing
up
,
The
Right
Honourable
Your
Lordship
is
called
here
this
day
before
the
Lords
in
Parliament
,
to
The
Impeachment
was
accordingly
read
by
the
Clerk
of
the
Parliament
.
A
little
after
the
entrance
into
it
,
a
Chair
was
brought
to
the
Prisoner
by
the
Gentleman
Usher
,
and
the
Prisoner
sate
down
thereon
by
their
Lordships
direction
.
After
the
Charge
was
read
,
the
Earl
of
Straffords
Answer
was
likewise
read
.
And
no
more
of
proceedings
that
day
.
Only
the
Lord
Steward
said
further
to
the
Prisoner
,
That
his
Lordship
But
likewise
they
have
Commanded
him
to
say
,
That
the
time
being
so
far
spent
,
it
may
not
be
so
proper
now
to
proceed
further
in
the
business
;
That
this
shall
be
sate
upon
only
once
a
day
,
which
will
be
fittest
both
for
their
Lordships
,
and
for
the
House
of
Commons
:
And
that
they
conceive
it
will
agree
with
the
sense
of
the
House
of
Commons
,
not
to
fall
into
the
particular
management
of
the
Evidence
so
late
,
but
to
defer
it
till
the
morrow
,
at
the
hour
of
nine
of
the
Clock
.
My
Lord
of
Strafford
did
then
desire
to
know
,
whether
he
might
with
The
Lord
High
Steward
answered
,
that
their
Lordships
Commandment
is
,
And
so
their
Lordships
Adjourned
to
the
House
above
,
(
by
which
is
meant
the
House
where
the
Lords
use
to
sit
in
Parliament
)
and
appointed
the
next
morning
to
proceed
in
this
business
.
The
Second
day
.
Tuesday
,
March
23.
1640
THeir
Lordships
being
set
,
the
Lord
Steward
recited
in
brief
the
proceedings
of
the
day
before
,
adding
,
that
naturally
and
properly
,
it
Then
Mr.
Pym
,
one
of
the
Committee
appointed
for
the
management
of
the
Evidence
,
began
as
followeth
.
My
Lords
,
We
stand
here
by
the
Commandment
of
the
Knights
,
Citizens
and
Burgesses
,
This
,
My
Lords
,
is
a
Great
Cause
,
and
we
might
sink
under
the
weight
of
it
,
and
be
astonished
with
the
Lustre
of
this
Noble
Assembly
,
if
there
were
not
in
the
Cause
strength
and
vigour
to
support
it self
,
and
to
encourage
us
;
It
is
the
Cause
of
the
King
,
it
concerns
His
Majesty
in
the
Honour
of
His
Government
,
in
the
Safety
of
His
Person
,
in
the
Stability
of
His
Crown
.
It
is
the
Cause
of
the
Kingdom
,
It
concerns
not
only
the
Peace
and
Prosperity
,
but
even
the
Being
of
the
Kingdom
.
We
have
that
piercing
Eloquence
,
the
Cries
and
Groans
,
and
Tears
,
and
Prayers
of
all
the
Subjects
assisting
us
.
We
have
the
three
Kingdoms
,
England
,
and
Scotland
,
and
Ireland
,
in
Travail
and
Agitation
with
us
,
bowing
themselves
,
like
the
Hindes
spoken
of
in
Iob
,
to
cast
out
their
Sorrows
.
Truth
and
Goodness
(
My
Lords
)
they
are
the
Beauty
of
the
Soul
,
they
are
the
Perfection
of
all
created
Natures
,
they
are
the
Image
and
Character
of
God
upon
the
Creatures
.
This
Beauty
,
Evil
Spirits
,
and
Evil
Men
,
have
lost
;
but
yet
there
are
none
so
wicked
,
but
they
desire
to
march
under
the
shew
and
shadow
of
it
,
though
they
hate
the
reality
of
it
.
This
unhappy
Earl
,
now
the
Object
of
your
Lordships
Justice
,
hath
taken
as
much
care
,
hath
used
as
much
cunning
to
set
a
face
and
countenance
of
Honesty
and
Justice
upon
his
Actions
,
as
he
hath
been
negligent
to
observe
the
rules
of
Honesty
in
the
Performance
of
all
these
Actions
.
My
Lords
,
it
is
the
greatest
baseness
of
wickedness
,
that
it
dares
not
look
in
his
own
Colours
,
nor
be
seen
in
its
natural
Countenance
.
But
Virtue
,
as
it
is
amiable
in
all
respects
,
so
the
least
is
not
this
.
That
it
puts
a
Nobleness
,
it
puts
a
Bravery
upon
the
Mind
,
and
lifts
it
above
Hopes
and
Fears
,
above
Favour
and
Displeasure
;
it
makes
it
always
uniform
and
constant
to
it self
.
The
Service
Commanded
me
and
my
Colleagues
here
,
is
to
take
off
those
Vizards
of
Truth
and
Uprightness
,
which
hath
been
sought
to
be
put
upon
this
Cause
,
and
to
shew
you
his
Actions
and
his
Intentions
,
in
their
own
natural
Blackness
and
Deformity
.
My
Lords
,
He
hath
put
on
a
Vizard
of
Truth
in
these
words
,
(
wherein
he
says
)
That
he
should
be
in
his
Defence
more
careful
to
observe
Truth
,
than
to
gain
Advantage
to
himself
.
He
says
,
he
would
endure
any
thing
rather
than
be
saved
by
Falshoood
.
It
was
a
noble
and
brave
Expression
if
it
were
really
true
.
My
Lords
,
He
hath
likewise
put
on
the
Vizard
of
Goodness
on
his
Actions
,
when
he
desires
to
recite
his
Services
in
a
great
many
particulars
,
as
if
they
were
Beneficial
to
the
Common-wealth
and
State
,
whereas
we
shall
prove
them
Mischievous
and
Dangerous
.
It
is
left
upon
me
,
My
Lords
,
to
take
off
these
Vizards
and
Appearances
of
Truth
and
Goodness
,
in
that
part
of
his
Answer
which
is
the
Preamble
.
And
that
I
shall
do
with
as
much
Faithfulness
and
Brevity
as
I
can
.
1.
The
First
thing
(
My
Lords
)
that
I
shall
observe
in
the
Preamble
is
this
,
That
having
recited
all
those
great
and
honourable
Offices
which
he
hath
done
under
His
Majesty
,
he
is
bold
to
affirm
,
That
he
hath
been
careful
and
faithful
in
the
Execution
of
them
all
.
My
Lords
,
If
he
might
be
his
own
Witness
,
and
his
own
Judge
,
I
doubt
not
but
he
would
be
Acquitted
.
It
is
said
in
the
Proverbs
of
the
Adulterous
Woman
,
That
she
wipes
her
mouth
,
and
says
,
she
had
done
no
Evil.
Here
is
a
wiping
of
the
mouth
,
here
is
a
verbal
expression
of
Honesty
.
But
(
My
Lords
)
the
foulness
and
unjustness
will
never
be
wiped
off
,
neither
from
his
Heart
,
nor
from
his
Actions
;
I
mean
for
the
time
past
,
God
may
change
him
for
the
time
to
come
:
That
is
the
first
thing
I
observe
.
2.
My
Lords
,
In
the
second
place
,
out
of
his
Apologetical
Preamble
,
I
shall
observe
this
,
He
doth
magnifie
his
own
Endeavours
in
five
particulars
:
1.
That
he
hath
Endeavoured
the
maintenance
of
Religion
.
(
I
may
miss
in
words
,
I
shall
not
miss
in
sense
.
)
2.
That
he
hath
Endeavoured
the
Honour
of
the
King
.
3.
The
Encrease
of
His
Revenue
.
4.
The
Peace
and
Honour
,
and
Safety
of
the
Kingdom
.
5.
The
Quiet
and
Peace
of
the
People
.
These
are
his
five
particulars
;
and
I
shall
give
a
short
Answer
to
every
one
of
them
.
1.
For
Religion
,
(
My
Lords
)
we
say
,
and
we
shall
prove
,
that
he
hath
been
diligent
indeed
to
favour
Innovations
,
to
favour
Superstitions
,
to
favour
the
Incroachments
and
Usurpations
of
the
Clergy
:
But
for
Religion
it
never
received
any
advantage
by
him
,
nay
,
a
great
deal
of
hurt
.
2.
For
the
Honour
of
the
King
:
(
My
Lords
)
We
say
it
is
the
Honour
of
the
King
that
He
is
the
Father
of
His
People
,
that
He
is
the
Fountain
of
Justice
;
and
it
cannot
stand
with
His
Honour
and
Justice
to
have
His
Government
Stain'd
and
Polluted
with
Tyranny
and
Oppression
.
3.
For
the
Increase
of
His
Revenue
:
It
is
true
,
there
may
be
some
Addition
of
Sums
;
but
we
say
,
There
is
no
Addition
of
Strength
nor
Wealth
,
because
in
those
parts
where
it
hath
been
increased
,
this
Earl
hath
taken
the
greatest
share
himself
:
And
when
he
hath
spoiled
and
ravined
on
the
People
,
he
hath
been
content
to
yield
up
some
part
to
the
King
,
that
he
might
with
more
security
enjoy
the
rest
.
4.
For
the
Strength
and
Honour
,
and
Safety
of
the
Kingdom
:
(
My
Lords
)
In
a
time
of
Peace
he
hath
let
in
upon
us
the
Calamities
of
War
,
Weakness
,
Shame
and
Confusion
.
5.
And
for
the
Quiet
of
the
Subjects
,
He
hath
been
an
Incendiary
,
he
hath
Armed
us
amongst
our selves
,
and
made
us
weak
and
naked
to
all
the
World
besides
.
This
is
that
I
shall
answer
to
the
second
Head
of
his
Apology
.
3.
The
Third
is
this
,
(
My
Lords
)
That
by
his
means
many
good
and
wholesome
Laws
have
been
made
since
his
Government
in
Ireland
.
Truly
,
(
My
Lords
)
if
we
should
consider
the
particulars
of
these
Laws
,
some
of
them
will
not
be
found
without
great
Exception
.
But
I
shall
make
another
Answer
,
good
Laws
,
nay
,
the
best
Laws
are
no
advantage
when
Will
is
set
above
Law
,
when
the
Laws
have
force
to
bind
and
restrain
the
Subject
,
but
no
force
to
Relieve
and
Comfort
him
.
4.
He
says
in
the
Fourth
place
,
He
was
a
means
of
calling
a
Parliament
not
long
after
he
came
to
his
Government
.
My
Lords
,
Parliaments
without
Parliamentary
Liberties
,
are
but
a
fair
and
plausible
way
into
Bondage
;
That
Parliament
had
not
the
Liberties
of
a
Parliament
;
Sir
Pierce
Crosby
for
speaking
against
a
Bill
in
the
Commons
House
,
was
sequestred
from
the
Council-Table
,
and
Committed
to
Prison
.
Sir
Iohn
Clotworthy
,
for
the
same
Cause
,
was
threatned
that
he
should
lose
a
Lease
that
he
had
.
Mr.
Barnewell
,
and
two
other
Gentlemen
,
were
threatned
they
should
have
Troops
of
Horse
put
upon
them
for
speaking
in
the
House
.
Proxies
by
dozens
,
were
given
by
some
of
his
Favourites
:
And
(
My
Lords
)
Parliaments
coming
in
with
these
Circumstances
,
they
be
Grievances
,
Mischiefs
,
and
Miseries
;
no
works
of
Thanks
or
Honour
.
5.
The
Fifth
is
,
That
he
hath
been
a
means
to
put
off
Monopolies
,
and
other
Projects
that
would
have
been
Grievous
and
Burdensome
to
the
Subject
;
if
he
had
hated
the
Injustice
of
a
Monopoly
,
or
the
Mischief
of
a
Monopoly
,
he
would
have
hated
it
in
himself
;
he
himself
would
have
been
no
Monopolist
.
Certainly
,
My
Lords
,
It
was
not
the
love
of
Justice
,
nor
the
Common
good
,
that
moved
him
:
And
if
he
were
moved
by
any
thing
else
,
he
had
his
Reward
.
It
may
be
it
was
because
he
would
have
no
man
gripe
them
in
the
Kingdom
but
himself
;
his
own
Harvest-crop
would
have
been
less
,
if
he
had
had
sharers
.
It
may
be
it
was
because
Monopolies
hinder
Trade
,
he
had
the
Customs
,
and
the
benefit
of
the
Customs
would
have
been
less
;
when
we
know
the
particulars
,
we
shall
make
a
fit
and
proper
Answer
to
them
:
But
in
the
mean
time
,
we
are
sure
whatsoever
was
the
reason
,
it
was
not
Justice
,
nor
love
of
Truth
,
that
was
the
reason
.
6.
He
saith
in
the
sixth
place
,
He
had
no
other
Commission
but
what
his
Predecessors
had
:
And
that
he
hath
Executed
that
Commission
with
all
Moderation
.
For
the
Commission
,
it
was
no
Virtue
of
his
if
it
were
a
good
Commission
,
I
shall
say
nothing
of
that
.
But
for
the
second
part
,
his
Moderation
;
when
you
find
so
many
Imprisoned
of
the
Nobility
;
so
many
men
,
some
adjudged
to
Death
,
some
Executed
without
Law
;
when
you
find
so
many
publick
Rapines
on
the
State
,
Soldiers
sent
to
make
good
his
Decrees
;
so
many
whippings
in
defence
of
Monopolies
;
so
many
Gentlemen
that
were
Jurors
,
because
they
would
not
apply
themselves
to
give
Verdicts
on
his
side
,
to
be
fined
in
the
Star-Chamber
.
Men
of
Quality
to
be
disgraced
,
set
on
the
Pillory
,
and
wearing
Papers
,
and
such
things
,
(
as
it
will
appear
through
our
Evidence
)
can
you
think
there
was
any
Moderation
.
And
yet
truly
,
(
My
Lords
)
I
can
believe
,
That
if
you
compare
his
Courses
with
other
parts
of
the
World
ungoverned
,
he
will
be
found
beyond
all
in
Tyranny
and
Harshness
;
but
if
you
compare
them
with
his
mind
and
disposition
,
perhaps
there
was
Moderation
;
Habits
we
say
,
are
more
perfect
than
Acts
,
because
they
be
nearest
the
principle
of
Actions
.
The
Habit
of
Cruelty
in
himself
(
no
doubt
)
is
more
perfect
than
any
Act
of
Cruelty
he
hath
Committed
;
but
if
this
be
his
Moderation
,
I
think
all
men
will
pray
to
be
delivered
from
it
:
And
I
may
truly
say
that
is
verified
in
him
,
The
Mercies
of
the
Wicked
are
Cruel
.
7.
I
come
to
the
seventh
,
and
that
is
concerning
the
Kings
Revenue
:
That
he
hath
improved
it
from
57000
l.
to
120000
l.
and
that
he
hath
done
it
by
Honourable
and
Just
ways
.
That
he
hath
made
the
Kingdom
able
to
Support
it self
.
That
he
hath
improved
the
Kings
Revenue
by
many
rich
and
great
Purchases
.
That
he
hath
saved
the
Charge
of
the
Navy
,
by
bearing
7000
l.
a
year
in
Ireland
,
which
was
born
here
before
.
And
then
he
says
for
a
Conclusion
,
That
he
never
took
Money
out
of
the
Kings
Exchequer
.
My
Lords
,
I
must
run
over
all
these
.
For
the
Enlargement
or
Increase
of
the
Revenue
of
that
Kingdom
,
I
think
there
is
a
little
fault
in
his
Arithmetick
,
but
I
will
not
charge
him
with
that
now
.
But
for
his
Honourable
ways
of
Increasing
it
;
if
Monopolies
,
if
Vexation
of
the
Subject
,
be
Honourable
ways
,
we
shall
leave
that
to
your
Lordships
to
judge
.
But
most
of
his
increases
are
made
upon
Monopolies
.
It
is
true
,
there
is
another
way
of
bargaining
,
but
it
hath
been
mixed
with
Rigour
and
Rapine
,
and
Injustice
.
Men
have
been
driven
out
of
their
Estates
;
Offices
have
been
found
by
force
.
Men
have
been
driven
to
resign
their
Estates
:
And
is
this
a
Just
way
of
improving
a
Kings
Revenue
?
that
I
shall
submit
to
your
Lordships
.
Then
he
says
,
He
hath
made
the
Kingdom
able
to
Support
it self
:
My
Lords
,
He
that
hath
no
Harvest
of
his
own
,
must
Glean
after
another
mans
Reapers
.
Truly
,
this
was
none
of
his
work
:
The
Kingdom
was
able
to
subsist
of
it self
before
he
came
thither
.
For
that
we
shall
Appeal
to
the
Records
of
the
Exchequer
,
betwixt
the
year
1622.
and
the
time
of
his
Government
,
which
was
nine
years
at
least
,
during
which
,
nothing
went
out
of
this
Kingdom
to
the
support
of
that
Island
.
The
7000
l.
for
the
Navy
,
was
born
in
Ireland
before
his
time
a
year
or
two
;
so
he
comes
near
the
truth
of
that
,
yet
misses
a
year
of
the
truth
.
But
if
it
were
true
;
hath
it
been
only
by
the
ordinary
Revenue
that
it
hath
supported
it self
?
He
hath
had
six
Subsidies
;
a
year
,
or
two
of
Contribution
,
which
the
Irish
gave
towards
the
supporting
of
the
Charge
of
Ireland
.
It
was
not
his
Husbanding
,
nor
his
managing
of
the
Revenue
;
And
truly
if
the
Kingdom
were
able
to
support
it self
,
(
as
it
was
before
he
came
thither
)
by
the
Revenue
of
the
Kingdom
,
and
by
the
help
of
that
Contribution
,
it
would
be
very
fit
,
(
since
there
may
be
many
Increases
since
)
to
know
what
is
become
of
300000
l.
for
six
Subsidies
,
and
of
the
Contribution
money
;
and
indeed
there
is
a
great
suspicion
,
that
that
went
another
way
But
that
you
may
the
better
observe
his
Husbandry
,
I
shall
speak
of
his
last
years
Accompt
;
the
20th
of
March
,
(
now
something
more
than
a
year
since
)
the
Under-Treasurer
delivered
an
Account
,
on
which
there
was
101000
l.
remaining
in
the
Kings
Coffers
.
Since
that
time
there
hath
been
received
112000
l.
for
the
King
.
(
I
speak
of
round
Sums
,
(
My
Lords
)
I
leave
out
pounds
and
pence
,
and
such
things
:
This
is
213000
l.
He
hath
received
out
of
the
Exchequer
in
England
50000
l.
There
are
Debts
in
Ireland
,
60000
l.
and
what
other
Debts
we
know
not
:
Here
is
above
320000
l.
consumed
in
a
year
;
which
is
almost
as
much
as
Queen
Elizabeth
consumed
in
any
year
when
Tyrone
was
in
Rebellion
,
and
an
Army
of
Spaniards
was
there
.
My
Lords
,
He
saith
he
never
took
Money
out
of
the
Exchequer
;
if
he
rests
in
that
Affirmation
,
it
will
be
very
near
truth
,
yet
serves
but
to
shadow
a
falshood
,
which
is
worse
,
to
cover
and
to
glaze
,
under
such
a
Colour
of
Truth
as
that
is
,
a
notable
Falshood
.
My
Lords
,
It
is
true
,
he
hath
taken
no
Money
out
of
the
Exchequer
;
but
he
could
be
content
to
take
from
the
Under-Treasurer
of
the
Exchequer
,
24000
l.
about
two
years
since
,
and
to
keep
it
for
his
own
occasions
;
when
the
Kings
Army
was
in
want
:
And
he
paid
it
in
but
lately
.
And
before
I
pass
from
this
matter
of
the
Revenue
,
give
me
leave
to
speak
something
of
the
increase
that
comes
in
by
the
Customs
.
It
is
true
,
there
is
a
great
increase
;
but
if
your
Lordships
look
to
the
beginning
of
that
bargain
,
you
shall
find
the
notablest
cozenage
that
ever
was
offered
to
a
Prince
,
in
one
that
was
a
sworn
Servant
,
and
intrusted
with
so
great
a
Charge
.
It
will
be
more
fully
opened
in
the
Article
that
concerns
the
Customs
;
but
I
shall
speak
of
it
a
little
:
He
made
a
bargain
,
and
under
pretence
of
getting
of
1350
l.
gain
to
the
King
,
he
gave
cause
of
Allowances
and
Defalcations
;
whereby
he
took
forth
of
the
Kings
Purse
6000
l.
a
year
,
or
very
near
,
which
the
King
had
before
.
He
laid
new
Additions
of
charge
on
the
Customs
,
which
came
to
12000
l.
So
that
on
a
bargain
of
giving
1350
l.
more
than
was
reserved
on
the
former
Lease
,
He
was
sure
,
that
when
he
made
the
bargain
,
of
gaining
18
or
20000
l.
8.
But
I
shall
pass
from
the
Revenue
of
the
Crown
,
to
the
Revenue
of
the
Church
,
(
which
is
in
the
8th
place
)
He
saith
he
hath
been
a
great
Husband
for
the
Church
,
and
truly
hath
brought
in
many
Lands
to
the
Church
;
but
he
hath
brought
them
in
by
ways
without
Law
,
without
Rules
of
Justice
:
He
hath
taken
away
mens
Inheritances
.
And
here
(
My
Lords
)
is
an
offering
of
Rapine
,
an
offering
of
Injustice
and
Violence
:
And
will
God
accept
such
an
Offering
.
Must
the
Revenues
of
the
Church
be
raised
that
way
.
It
is
true
,
it
was
the
more
in
the
way
of
his
own
Preferment
.
He
knew
who
sat
at
the
Helme
here
,
the
Archbishop
of
Canterbury
;
and
such
services
might
win
more
credit
with
him
.
It
was
not
an
Eye
to
God
and
Religion
;
but
an
Eye
to
his
own
Preferment
.
I
shall
speak
no
more
of
that
.
9.
I
come
to
the
9th
head
;
and
that
is
the
building
of
Churches
.
Many
Churches
have
been
built
since
his
Government
.
Truly
,
My
Lords
,
why
he
should
have
any
Credit
or
Honour
,
if
other
men
builded
Churches
,
I
know
not
:
I
am
sure
we
hear
of
no
Churches
he
hath
built
himself
:
If
he
would
have
been
careful
to
have
set
up
good
Preachers
,
that
would
have
stirred
up
Devotion
in
men
,
and
made
them
desirous
of
the
knowledge
of
God
,
and
by
that
means
made
more
Churches
,
it
had
been
something
;
But
I
hear
nothing
of
Spiritual
Edification
,
nothing
of
the
knowledge
of
God
that
by
his
means
hath
been
dispersed
in
that
Kingdom
.
And
certainly
they
that
strive
not
to
build
up
mens
Souls
in
a
Spiritual
way
of
Edification
,
let
them
build
all
the
material
Churches
that
can
be
,
they
will
do
no
good
;
God
is
not
worshipped
with
Walls
,
but
he
is
worshipped
with
Hearts
.
10.
He
saith
in
the
10th
place
,
That
many
Orthodox
and
Learned
Preachers
have
been
advanced
by
his
means
;
and
the
Doctrine
and
Discipline
of
the
Church
of
England
,
by
his
means
Protected
and
Defended
.
My
Lords
,
I
shall
give
but
two
or
three
Paterns
of
the
Clergy
that
he
hath
preferred
.
If
you
will
take
Doctor
Atherton
,
he
is
not
to
be
found
now
above
Ground
;
for
he
was
hanged
for
many
foul
and
unspeakable
Offences
.
Doctor
Bramhill
hath
been
preferred
to
a
great
Bishoprick
;
but
he
is
a
man
that
now
stands
charged
with
High
Treason
:
he
hath
been
but
few
years
in
Ireland
,
and
yet
hath
laid
out
at
least
30000
l.
in
Purchases
.
I
shall
name
but
one
Chaplain
more
,
and
that
is
one
Arthur
Gwyn
,
who
about
1634.
was
an
Under-Groom
to
the
Earl
of
Corke
in
his
Stable
:
In
the
year
after
,
Dr.
Bramhill
preferred
him
to
be
a
Clergy-man
;
and
a
Parsonage
,
and
two
Vicaridges
Impropriate
,
were
taken
from
my
Lord
of
Corke
,
and
given
to
this
Arthur
Gwyn
.
I
shall
add
no
more
Patterns
of
his
Clergy
.
11.
I
go
to
the
11th
,
and
that
is
concerning
the
Army
:
He
hath
many
glorious
Expressions
of
his
Service
concerning
the
Army
;
That
they
are
1000
Horse
and
2000
Foot
:
And
that
there
hath
been
very
few
Papists
Soldiers
or
Officers
;
and
none
preferred
by
himself
.
Truly
,
I
think
he
says
true
,
or
within
one
of
true
in
this
;
for
there
was
but
one
preferred
by
himself
,
and
therefore
I
shall
not
stand
upon
that
.
But
he
says
this
Army
was
paid
out
of
the
Revenue
of
the
Crown
,
which
heretofore
it
was
not
wont
to
be
.
To
that
I
have
spoken
before
,
and
shewed
,
that
many
years
before
his
time
all
the
Charges
of
Ireland
were
born
within
Ireland
.
He
says
,
(
and
I
speak
that
as
to
the
Army
too
)
That
neither
the
Arms
nor
Wages
have
been
burdensome
to
the
people
of
Ireland
;
but
their
Lodgings
and
Billettings
have
not
been
easie
,
and
not
without
discontent
,
Why
(
My
Lords
)
in
Dublin
it self
,
where
they
have
a
Charter
that
exempts
them
from
Billetting
of
Soldiers
,
they
have
been
faign
to
pay
for
Billetting
of
Soldiers
.
Nay
,
those
Soldiers
that
were
Servants
and
Dwellers
in
his
own
houses
,
and
other
places
,
must
have
their
Billetting
moneys
.
And
of
this
there
hath
been
Petitions
and
Complaints
;
nay
,
it
hath
been
spoken
of
in
Parliament
there
;
and
yet
he
can
tell
you
,
that
the
marching
and
laying
of
Soldiers
is
without
burthen
and
grievance
to
the
People
:
that
was
the
Eleventh
.
12.
I
go
to
the
12th
,
and
that
is
the
great
increase
of
Trade
:
The
increase
of
Shipping
100
to
one
.
Truly
(
My
Lords
)
in
a
time
of
Peace
,
and
in
a
growing
Kingdom
as
that
was
,
being
formerly
unhusbanded
,
It
is
no
wonder
,
that
when
Land
increases
in
the
Manurance
,
and
People
increase
in
Number
,
both
Shipping
and
Trade
increases
.
But
it
is
the
advantage
of
the
time
,
not
the
advantage
of
his
Government
;
for
(
My
Lords
)
his
Government
hath
been
destructive
to
Trade
:
And
that
will
manifestly
appear
by
the
multitude
of
Monopolies
that
he
hath
exercised
in
his
own
person
.
And
that
is
all
I
shall
speak
to
the
12th
.
13.
The
13th
is
,
That
Justice
hath
been
administred
without
bribery
,
without
partiality
,
without
Corruption
;
these
are
Glorious
things
.
But
there
will
as
much
fall
upon
him
of
Corruption
and
Injustice
,
as
of
any
other
Offence
;
And
that
(
My
Lords
)
will
appear
to
you
through
the
whole
course
of
our
Evidence
:
I
shall
not
now
speak
of
the
particulars
.
And
that
we
may
not
content
our selves
with
particular
witnesses
only
,
I
shall
humbly
desire
,
That
the
Remonstrance
of
the
Parliament
of
Ireland
,
both
of
the
Lords
and
of
the
Commons
,
may
be
read
:
And
they
will
give
a
sufficient
Testimony
of
the
quality
of
his
Justice
.
14.
The
14th
(
My
Lords
)
is
this
,
That
he
hath
been
a
Means
to
His
Majesty
for
a
Parliament
in
England
.
It
is
true
he
was
:
And
it
is
as
true
,
that
we
count
that
as
mischievous
a
part
of
his
design
,
as
any
thing
else
.
Into
what
a
miserable
Dilemma
(
My
Lords
)
did
he
bring
the
Kingdom
,
that
we
must
surrender
the
Liberties
of
the
Kingdom
in
Parliament
,
or
see
them
oppressed
with
Force
and
Violence
out
of
Parliament
.
The
particulars
of
this
I
shall
leave
for
the
instant
;
for
there
is
an
Article
that
concerns
this
.
I
have
now
passed
through
all
the
material
parts
of
the
Apologetical
Preamble
.
He
concludes
with
a
desire
,
That
he
may
not
be
charged
with
Errors
of
his
understanding
or
Judgment
,
being
not
bred
up
in
the
Law
,
or
with
weakness
,
to
which
humane
Nature
is
subject
.
Truly
,
it
would
be
far
from
us
to
charge
him
with
any
such
mistakes
;
No
(
My
Lords
)
we
shall
charge
him
with
nothing
but
what
the
Law
in
every
mans
breast
condemns
,
the
Light
of
nature
,
the
Light
of
common
reason
,
the
Rules
of
common
Society
:
And
that
will
appear
in
all
the
Articles
which
my
Colleagues
will
offer
to
you
.
My
Lords
,
I
have
some
few
Witnesses
which
I
shall
desire
may
be
heard
to
the
points
I
have
opened
;
and
I
shall
in
the
first
place
desire
,
that
Sir
Pierce
Crosby
may
be
heard
concerning
the
breach
of
Priviledge
in
Parliament
:
Also
Sir
Iohn
Clotworthy
,
Nich.
Barnewell
,
Nich.
Plunket
,
and
Sir
Iames
Montgomery
.
I
have
some
Witnesses
to
the
point
of
Revenue
,
Sir
Robert
Pye
,
Sir
Edward
Warder
,
and
Sir
Adam
Loftus
.
Gentlemen
,
You
who
are
of
the
Committee
,
I
am
commanded
to
let
Mr.
Pym
replied
,
My
Lords
,
the
Commons
agree
to
it
;
and
in
the
first
Pierce
Crosby
,
who
was
sworn
accordingly
.
My
Lords
,
I
humbly
crave
leave
whether
I
may
not
make
my
exception
Yes
,
you
may
.
We
desire
to
be
heard
upon
that
point
of
Exception
,
That
if
my
Lord
The
Lord
High
Steward
declaring
,
the
Prisoner
might
except
against
the
My
Lords
,
I
humbly
conceive
,
that
I
have
against
this
Gentleman
Sir
Pierce
Crosby
,
just
occasion
of
Exception
,
(
as
not
being
a
competent
Witness
)
That
ever
since
(
the
said
Sir
Pierce
having
broke
Prison
,
and
made
an
Escape
out
of
the
Fleet
)
he
hath
remained
abroad
,
and
never
came
hither
till
such
time
as
the
Parliament
sate
here
;
and
now
is
returned
to
make
Complaint
in
this
business
against
me
,
or
indeed
against
the
Court
of
Star-Chamber
rather
:
And
standing
thus
,
whether
the
said
Sir
Pierce
shall
be
allowed
a
Witness
against
me
,
I
humbly
refer
it
to
Your
Lordships
Judgments
.
My
Lords
,
We
expected
my
Lord
of
Strafford
would
have
shown
on
And
whereas
it
is
informed
that
Sir
Pierce
Crosby
brake
Prison
:
The
Gentleman
tells
us
it
is
not
so
;
he
paid
the
Kings
Fine
,
and
so
was
discharged
.
But
though
he
had
,
it
will
not
take
away
his
Testimony
when
he
is
present
;
which
he
said
,
he
spake
only
to
give
satisfaction
to
that
aspersion
.
I
must
desire
their
Lordships
directions
,
whether
Sir
Pierce
Crosby
be
Mr.
Pym
did
thereupon
offer
,
that
they
will
at
present
lay
him
aside
till
It
is
so
understood
.
In
the
next
place
,
we
desire
that
Sir
Iohn
Clotworthy
may
be
called
,
whom
we
produce
to
this
point
,
That
during
the
Parliament
in
Ireland
,
George
Ratcliffe
,
(
whom
we
take
to
be
bound
up
in
one
Cause
with
my
Lord
of
Strafford
,
and
to
be
moved
by
my
Lord
of
Straffords
spirit
)
and
that
Parliaments
are
not
Priviledges
,
when
Parliament
Liberties
are
not
observed
.
Sir
Iohn
Clotworthy
was
sworn
:
My
Lords
,
We
desire
he
may
be
asked
,
whether
for
having
delivered
Io.
Clotworthy
,
a
Witness
.
his
Opinion
against
a
Bill
preferred
to
the
Parliament
in
Ireland
by
the
Earl
of
Strafford
,
about
the
10th
year
of
this
King
,
he
was
not
asked
by
George
Ratcliffe
,
concerning
a
Lease
that
he
had
;
the
question
intimating
a
Threat
,
that
he
should
suffer
for
speaking
so
freely
?
To
which
he
answered
,
My
Lords
,
In
the
10th
year
of
the
King
,
I
George
Ratcliffe
,
being
one
of
the
Tellers
,
on
his
counting
the
numbers
,
how
many
Yea's
,
and
how
many
No's
,
He
came
to
me
,
and
said
thus
,
Have
not
you
a
Lease
in
such
a
place
?
I
told
him
yea
;
remember
that
,
saith
he
:
This
is
all
I
can
remember
.
And
this
(
he
added
)
was
in
the
Commons
House
.
2.
He
being
interrogated
whether
he
knew
any
thing
of
Sir
Pierce
Crosbies
Commitment
,
or
no
?
He
answered
,
I
know
it
only
by
hear-say
,
he
was
a
Member
of
the
House
when
I
had
the
Honour
to
serve
;
I
heard
the
expression
of
Sir
George
Ratcliffe
at
that
time
:
And
the
common
voice
was
,
that
he
was
under
restraint
;
but
I
saw
him
not
.
Being
asked
whether
there
was
any
other
occasion
of
these
words
but
his
said
Vote
:
He
answered
,
Truly
(
My
Lords
)
I
can
apprehend
none
.
4.
Being
asked
whether
he
heard
Sir
George
Ratcliffe
threaten
Sir
Pierce
Crosby
in
Parliament
:
He
answered
,
I
heard
Sir
Pierce
Crosby
speaking
against
a
Bill
in
Parliament
;
and
as
soon
as
he
had
sate
down
from
speaking
against
the
Bill
,
Sir
George
Ratcliffe
said
to
him
,
That
is
not
Privy-Councellor
like
,
or
to
that
purpose
,
I
heard
him
.
To
the
point
of
Sir
Pierce
Crosbies
being
sequestred
from
the
Council
upon
his
speaking
in
Parliament
.
The
Lord
Ranulagh
being
sworn
,
was
interrogated
whether
about
the
Pierce
Crosby
,
for
delivering
his
Opinion
in
Parliament
;
and
what
proceedings
were
against
him
thereupon
:
He
answered
,
(
My
Lords
)
to
the
best
of
my
remembrance
,
Sir
Pierce
Crosby
being
a
Privy-Councellor
in
Ireland
,
was
charged
at
the
Council-Board
for
Voting
against
a
Bill
that
was
transmitted
by
the
Lord
Deputy
and
Council
;
and
hereupon
the
Opinion
of
the
Board
was
asked
;
and
by
the
advice
of
that
Board
Sir
Pierce
Crosby
was
sequestred
from
the
Council
.
This
is
as
much
as
I
can
remember
.
2.
Being
asked
by
whom
he
was
sequestred
:
He
answered
,
By
the
Deputy
and
the
Council
.
3.
Being
asked
who
began
the
Question
:
He
answered
,
My
Lord
Deputy
charged
him
.
My
Lords
,
I
humbly
desire
that
my
Lord
Ranulagh
may
be
asked
,
whether
To
which
the
Lord
Ranulagh
being
interrogated
,
Answered
,
It
is
the
constant
course
for
the
Deputy
to
propose
the
But
being
further
asked
on
the
Committees
motion
,
whether
this
of
Sir
Pierce
Crosbies
came
to
the
Board
by
motion
of
my
Lord
alone
,
or
that
any
other
moved
him
in
it
,
or
conveyed
it
to
him
:
He
answered
,
I
cannot
charge
my
memory
where
it
had
beginning
;
but
as
I
remember
,
My
Lord
Deputy
Wandesford
that
died
last
,
and
Mr.
Wandsford
,
and
Sir
George
Ratcliffe
,
were
movers
of
it
;
but
whether
it
moved
originally
from
them
,
or
from
my
Lord
himself
,
I
know
not
,
I
rather
believe
it
proceeded
from
my
Lord
Deputy
,
as
being
proper
for
him
.
The
Lord
Mountnorris
sworn
and
interrogated
,
whether
he
was
present
Pierce
Crosby
was
sequestred
from
Council-Table
;
and
for
what
Reasons
he
was
sequestred
:
He
answers
,
I
was
then
present
at
Board
,
and
he
was
removed
on
Complaint
made
by
Sir
George
Ratcliffe
at
the
Board
,
touching
his
Voting
of
a
Bill
in
Parliament
:
And
when
he
said
it
was
not
spoken
like
a
Councellor
,
he
said
,
he
would
answer
it
to
him
that
made
him
a
Councellor
.
That
was
the
effect
,
as
I
can
remember
,
of
his
Accusation
;
and
there
were
several
others
that
testified
the
same
words
that
Sir
George
Ratcliffe
accused
him
of
,
and
that
was
the
reason
he
was
sequestred
by
most
Voices
at
Council-Table
,
though
he
had
many
Votes
with
him
.
And
being
further
asked
,
what
my
Lord
of
Straffords
Vote
was
:
He
answered
,
It
was
for
his
Sequestration
.
Mr.
Nicholas
Barnewell
sworn
;
Being
asked
,
whether
for
his
delivering
his
Opinion
in
Parliament
,
Sir
George
Ratcliffe
did
ask
whether
the
said
a
Witness
.
Mr.
Barnewell's
house
was
capacious
to
receive
500
men
,
to
be
laid
upon
him
;
intimating
thereby
,
that
he
must
look
for
Soldiers
to
be
laid
upon
him
for
that
reason
:
He
answered
,
There
was
a
Debate
in
the
House
concerning
certain
Boroughs
sequestred
from
the
House
by
reason
of
a
Judgment
in
the
Exchequer
,
which
the
House
conceived
an
Erronious
Judgment
,
and
were
of
Opinion
that
the
old
Boroughs
should
be
called
in
;
I
was
of
that
Opinion
,
Sir
George
Ratcliffe
was
of
another
Opinion
;
and
would
have
another
question
debated
:
And
coming
out
of
the
House
,
he
asked
me
,
Will
not
your
House
hold
Five
hundred
men
?
I
answered
,
you
know
what
my
house
will
hold
as
well
as
my self
;
and
I
smiling
at
it
,
he
answered
,
But
it
is
no
laughing
matter
,
you
shall
have
500
men
laid
on
you
.
I
desire
it
may
be
asked
,
when
this
was
spoken
:
He
answered
,
It
was
in
November
last
;
and
that
my
Lord
of
Strafford
was
not
then
in
the
Kingdom
.
Mr.
Pym
observed
,
That
the
Spirit
of
my
Lord
of
Strafford
could
move
in
Sir
George
Ratcliffe
,
wheresoever
it
was
spoken
;
And
Mr.
Barnewell
added
,
In
the
next
place
,
We
shall
shew
the
untruth
of
that
part
of
my
Lord
of
Straffords
Preamble
,
that
says
,
The
Soldiers
in
Ireland
are
disposed
with
so
much
contentment
to
the
People
,
that
they
are
no
burden
to
them
.
Mr.
Egor
was
called
for
a
Witness
,
and
Sworn
.
Being
interrogated
whether
he
knew
of
any
Soldiers
Billetted
in
Dublin
?
whether
they
were
not
a
Grievance
?
whether
that
City
hath
not
a
special
Charter
of
Exemption
?
He
answered
,
May
it
please
Your
Lordships
,
the
City
of
Dublin
doth
bear
the
Charge
of
40
Horse
,
and
pays
to
them
45
l.
a
month
for
Billetting
;
which
is
conceived
they
should
not
bear
,
in
regard
they
have
a
Charter
that
says
,
Nullus
Mareschallus
Capiat
hospitium
intra
Civitatem
;
and
therefore
they
conceive
it
a
heavy
burden
,
and
it
is
as
much
as
a
Subsidy
:
And
another
part
of
the
City
standing
in
another
County
,
pays
10
l.
a
month
;
so
they
pay
in
all
55
l.
a
month
.
I
humbly
desire
he
may
be
asked
,
whether
before
my
Lord
of
Straffords
time
,
and
as
long
as
he
can
remember
,
The
Lord-Deputies
Foot-guard
,
and
He
answered
,
To
the
Foot-guard
,
when
my
Lord
of
Faulkland
was
there
,
they
gave
Lodging
continually
;
but
it
was
never
drawn
to
matter
of
money
:
And
till
now
we
had
never
Horse
upon
us
,
except
it
were
for
a
month
,
or
so
.
In
the
next
place
,
We
humbly
desire
the
Remonstrance
of
the
Nobility
,
I
desire
to
know
whether
questions
are
to
be
asked
of
matters
not
contained
My
Lords
,
The
Subverting
of
the
Laws
,
and
Corruption
in
Government
To
prove
the
Truth
of
the
Copy
of
the
Lords
Remonstrance
now
produced
,
the
Lord
Digby
of
Ireland
was
Sworn
;
and
he
on
his
Oath
said
,
That
the
Copy
was
delivered
him
at
his
coming
over
,
by
the
Clerk
of
the
Lords
House
in
Ireland
,
to
be
brought
over
hither
by
Order
of
the
Lords
there
.
And
the
Lord
Baltinglasse
Deposed
,
That
he
knew
it
to
be
the
Clerks
hand
;
and
they
were
both
present
at
the
Voting
of
it
.
The
same
was
read
,
bearing
date
February
22.
1640.
The
Protestation
I
desire
my
Lord
Digby
may
be
asked
whether
he
gave
his
Vote
to
this
We
produce
it
not
as
the
Act
of
any
particular
man
,
but
of
the
Your
Lordships
may
observe
,
that
this
is
fallen
out
since
my
Impeachment
of
High
Treason
here
:
And
that
it
is
followed
by
Faction
and
Correspondence
,
My
Lords
,
These
words
are
not
to
be
suffered
;
Charging
the
House
of
God
forbid
I
should
think
there
was
,
or
could
be
any
thing
in
that
We
must
consult
with
the
House
of
Commons
concerning
the
prosecution
We
desire
the
Remonstrance
made
by
the
House
of
Commons
in
Ireland
,
(
being
deposed
unto
by
Patrick
Gough
,
That
about
February
25.
it
was
delivered
him
,
sealed
up
in
a
box
,
with
other
things
,
before
his
face
;
being
called
on
by
the
House
to
be
brought
to
the
Committee
for
Irish
affairs
in
England
)
may
be
read
.
Which
Remonstrance
was
read
accordingly
.
Your
Lordships
may
observe
,
That
my
Lord
of
Straffords
glorious
Declaration
To
the
point
of
Revenue
of
Ireland
;
for
the
contradicting
of
my
Lord
of
Straffords
Affirmation
,
That
Ireland
supporteth
its
own
Charge
;
Sir
Edward
Warder
produced
,
and
Sworn
,
was
interrogated
when
the
last
money
was
sent
out
of
this
Kingdom
for
support
of
His
Majesties
Affairs
of
Ireland
:
He
answered
,
The
last
money
sent
over
for
payment
of
the
Army
there
,
Being
interrogated
,
whether
since
that
time
the
State
here
hath
been
actually
charged
with
the
Affairs
of
Ireland
.
He
answered
,
Nothing
hath
been
issued
out
of
the
Receipt
of
His
Majesties
Exchequer
for
the
Maintenance
of
Ireland
since
this
time
,
only
such
moneys
as
have
been
lately
issued
for
the
Army
,
and
what
hath
been
issued
to
the
Treasurer
of
the
Navy
,
and
the
Officers
of
it
,
for
the
maintaining
of
Ships
on
the
Coast
;
but
otherwise
,
no
money
hath
been
issued
as
a
constant
setled
thing
out
of
the
Receipt
of
His
Majesties
Exchequer
,
for
any
thing
arising
since
the
last
of
March
,
1620.
I
desire
he
may
be
asked
what
was
since
issued
for
the
Navy
.
We
admit
that
the
Charge
of
the
Navy
continued
divers
years
after
,
yet
a
few
years
before
my
Lord
of
Straffords
Government
it
was
taken
The
Manager
did
so
open
it
,
and
Sir
Edward
Warder
did
in
effect
set
it
Sir
Robert
Pye
produced
,
and
Sworn
to
that
point
of
Revenue
;
and
being
interrogated
to
the
same
purpose
,
Answered
,
No
money
hath
issued
out
of
the
Receipt
,
but
as
Sir
Edward
The
Lord
Mountnorris
was
called
upon
;
and
being
asked
whether
the
Charge
of
7000
l.
a
year
for
the
Navy
of
Ireland
,
was
not
taken
off
a
year
before
my
Lord
of
Straffords
Government
:
He
answered
,
I
cannot
say
the
sum
was
7000
l.
But
two
of
the
Whelps
I
desire
my
Lord
Mountnorris
may
be
asked
,
whether
when
I
came
to
the
Government
,
the
constant
Charge
did
not
exceed
the
constant
Revenue
;
It
is
true
,
the
Irish
gave
sixscore
Thousand
pounds
towards
the
Charge
;
He
further
answered
,
the
Constant
Revenue
did
not
do
it
,
There
was
The
reason
why
money
did
not
go
out
,
was
because
120000
l.
was
supplyed
He
hath
received
300000
l.
for
Subsidies
.
It
will
Appear
on
Accompts
,
to
be
bestowed
faithfully
and
justly
every
To
the
point
of
my
Lord
of
Straffords
taking
of
24000
l.
of
the
Kings
money
,
and
disposing
it
for
a
year
and
a
half
,
notwithstanding
His
Majesties
Wants
,
and
the
Necessities
of
the
Army
.
Sir
Adam
Loftus
Vice-Treasurer
,
produced
and
Sworn
,
was
interrogated
,
whether
my
Lord
of
Strafford
had
not
24000
l.
out
of
the
Kings
Revenue
?
and
how
long
time
?
and
when
was
it
paid
in
?
He
answered
,
My
Lord
of
Strafford
and
Sir
George
Ratcliffe
,
had
never
George
Ratcliffe
moved
me
to
give
discharges
for
it
,
and
he
would
give
me
my
Lord
Lieutenants
Bond
,
and
his
own
,
for
paying
of
it
upon
demand
;
which
I
accepted
of
,
and
accordingly
did
give
those
discharges
.
Whence
observe
,
discharges
are
money
;
for
so
much
money
should
have
Being
asked
what
was
the
sum
;
and
how
long
was
it
kept
:
He
answered
,
The
sum
,
as
I
take
it
,
was
19000
l.
on
one
Bond
,
and
Being
asked
again
,
how
long
it
was
kept
:
He
answered
,
It
was
paid
lately
;
within
these
three
months
.
Whence
observe
,
it
was
since
the
questioning
of
him
in
Parliament
.
The
I
shall
reserve
my self
to
give
full
satisfaction
to
this
in
its
proper
time
,
Adam
Loftus
may
be
ask'd
the
question
,
Whether
when
I
came
into
that
Kingdom
,
the
constant
Revenue
fell
not
short
of
the
constant
Charge
,
at
least
20000
l.
a
year
.
We
except
against
Interlocutory
discourses
;
and
having
now
concluded
this
part
of
the
Charge
,
we
desire
,
that
if
my
Lord
of
Strafford
would
My
Lords
,
I
conceive
the
Proposition
to
be
fair
;
and
it
is
that
which
I
desire
,
my
memory
being
weak
,
and
not
versed
in
these
kinds
of
Proceedings
:
And
I
desire
leave
to
say
in
the
presence
of
Almighty
God
,
That
I
shall
desire
to
be
delivered
from
the
Afflictions
that
God
Almighty
hath
laid
on
me
for
my
sins
,
no
other
way
than
as
in
the
Intention
of
my
heart
,
and
Endeavour
of
my
mind
,
I
have
been
most
faithful
and
true
to
His
Majesty
and
the
Common-wealth
;
and
I
well
trust
and
hope
,
that
by
the
time
all
these
things
come
to
conclusion
,
and
have
been
fully
heard
,
I
shall
recover
in
great
measure
,
the
favour
and
good
Opinion
of
the
Honourable
House
of
Commons
;
in
which
House
,
I
have
spent
a
great
part
of
my
time
:
And
I
doubt
not
but
it
is
known
to
divers
that
sit
here
,
what
my
Carriage
and
Behaviour
hath
been
there
.
And
I
desire
no
more
,
(
and
I
am
sure
it
will
be
granted
,
they
are
so
just
and
good
)
but
that
they
will
reserve
towards
me
,
an
Opinion
of
Charity
,
that
I
give
such
an
Account
,
as
may
preserve
me
to
be
the
same
in
their
Opinion
,
that
I
was
formerly
.
I
was
never
yet
Impeached
in
my
private
Conversation
,
of
untruth
,
and
hope
they
will
think
of
me
charitably
,
till
they
have
heard
the
whole
business
;
and
I
doubt
not
but
I
shall
take
off
,
in
great
part
,
their
hard
Opinion
,
and
procure
to
my self
,
their
Compassion
and
Favour
;
and
that
I
shall
go
in
peace
and
quietness
to
my
Grave
,
leaving
all
publick
Employments
whatsoever
.
And
I
humbly
beseech
the
House
of
Commons
,
to
incline
a
gracious
Opinion
to
me
,
so
far
forth
,
that
I
am
the
same
man
in
Opinion
,
that
I
was
when
I
was
one
of
them
;
and
I
doubt
not
but
this
,
out
of
their
Nobleness
and
Goodness
,
they
will
afford
me
.
But
for
these
particulars
,
I
humbly
crave
,
that
with
Your
Lordships
good
leave
,
I
may
have
a
little
time
with
my self
to
consider
them
,
because
they
be
new
;
and
for
the
rest
,
I
shall
obey
Your
Lordships
Order
,
and
give
them
thanks
.
No
Exception
is
taken
,
but
to
what
is
affirmed
in
his
own
Answer
;
and
the
Commons
will
think
it
another
mans
Answer
,
and
not
his
own
,
if
he
I
am
(
My
Lords
)
in
an
unknown
way
,
being
not
versed
in
these
things
;
My
Lords
,
We
humbly
desire
,
that
since
my
Lord
of
Strafford
is
not
I
Appeal
to
Your
Lordships
;
and
I
renew
my
Request
,
That
I
may
for
We
pray
Your
Lordships
Resolution
in
this
point
,
before
we
proceed
Their
Lordships
thereupon
Adjourned
to
the
Upper-House
;
and
about
half
an
hour
after
,
returned
.
I
am
commanded
to
impart
their
Lordships
Resolution
,
That
since
the
I
shall
never
do
other
than
readily
obey
whatsoever
Your
Lordships
I
will
take
them
as
they
lye
in
Order
:
And
the
first
thing
in
this
Answer
is
,
That
in
Ireland
,
by
my
means
,
many
good
Laws
were
made
for
increase
of
the
Kings
Revenue
,
and
for
good
of
the
Church
and
Common-wealth
;
and
this
I
humbly
conceive
,
was
not
denied
directly
,
only
it
was
inferr'd
,
That
Laws
were
of
no
use
where
Will
was
put
above
Law
.
That
these
Laws
were
made
,
the
Acts
of
Parliament
that
are
extant
,
and
visible
things
,
do
make
appear
;
For
(
though
I
might
express
it
darkly
,
by
reason
I
understood
not
matters
of
Law
)
the
truth
of
it
is
,
before
such
time
as
I
came
there
,
the
Statutes
of
Wills
and
Uses
,
and
Fraudulent
Conveyances
,
were
not
of
force
in
Ireland
;
by
which
there
was
a
very
great
mischief
that
fell
many
ways
,
both
on
the
King
,
and
specially
on
the
English
Planters
:
For
by
want
of
these
Statutes
,
no
man
knew
when
he
had
a
good
title
;
and
old
Entayles
would
be
set
on
foot
,
and
by
that
means
the
later
Purchaser
avoided
;
by
which
means
there
was
a
great
loss
and
prejudice
to
the
King
in
his
Wards
;
which
by
these
Laws
are
setled
,
and
the
Laws
of
Ireland
brought
much
nearer
the
Laws
of
England
than
before
.
And
in
this
point
I
conceive
I
am
not
absolutely
gainsayed
,
but
only
conditionally
,
that
is
,
that
notwithstanding
this
,
I
have
set
up
another
Government
,
Arbitrary
,
and
Tyrannical
.
To
which
,
I
shall
not
now
trouble
Your
Lordships
with
an
Answer
,
that
being
in
the
particulars
of
my
Charge
.
And
thus
I
think
the
first
to
be
fairly
and
clearly
Answered
.
Then
,
that
there
were
more
Parliaments
in
the
time
of
my
Government
,
than
in
50
years
before
.
There
were
two
in
my
time
;
and
if
I
might
call
Witnesses
,
it
would
appear
,
that
there
were
not
so
many
within
that
time
before
;
but
being
not
material
to
my
Defence
or
Condemnation
,
I
will
not
trouble
Your
Lordships
with
proof
,
unless
you
will
require
it
;
I
having
them
here
,
that
I
think
can
make
it
good
.
And
whereas
in
my
Answer
I
deny
that
I
ever
had
hand
in
any
Project
or
Monopoly
;
and
that
I
did
prevent
divers
,
that
otherwise
would
have
passed
:
I
said
that
,
under
favour
,
with
all
duty
and
confidence
;
I
must
still
affirm
it
,
That
I
never
had
hand
or
share
in
any
manner
of
Monopoly
or
Project
whatsoever
,
unless
the
Tobacco-business
were
a
Monopoly
,
which
,
under
favour
,
I
shall
clear
not
to
be
;
but
that
being
part
of
my
Charge
,
I
think
it
impertinent
now
to
give
Answer
unto
it
;
but
will
satisfie
Your
Lordships
in
that
behalf
,
in
proper
time
and
place
:
But
more
than
that
of
Tobacco
,
I
say
absolutely
and
directly
,
I
never
had
my
hand
or
share
in
any
Monopoly
or
Project
;
nay
,
I
did
,
as
murh
as
I
could
,
Oppose
all
of
them
,
particularly
the
Monopoly
of
Iron-Pots
;
for
which
,
I
reserve
my self
to
Answer
as
part
of
my
Charge
:
And
a
new
Book
of
Rates
,
whereby
it
was
proposed
,
That
the
Rates
of
the
Kings
Customs
might
be
increased
.
And
this
I
did
Oppose
and
Disavow
,
albeit
I
was
a
sharer
in
the
Farm
,
and
consequently
should
have
had
the
Benefit
and
Advantage
of
it
for
my
proportion
;
and
by
the
Kings
gracious
Goodness
(
when
His
Majesty
came
to
be
more
fully
and
clearly
informed
of
it
)
it
was
stopped
,
and
never
went
on
:
And
this
I
will
make
appear
in
that
point
of
the
Articles
that
concern
the
Customs
.
The
Fourth
is
,
That
I
have
not
had
any
greater
Power
,
or
larger
Commission
,
than
my
Predecessors
in
that
Government
have
had
;
which
I
conceive
,
under
favour
,
is
not
controverted
,
but
granted
,
and
therefore
stands
good
to
me
;
or
if
it
were
controverted
,
I
am
able
to
make
it
appear
,
that
I
have
brought
in
nothing
more
than
was
formerly
accustomed
in
the
point
of
the
Deputies-Commission
.
The
next
thing
in
my
Answer
is
,
That
the
Revenue
of
Ireland
was
never
able
to
Support
it self
before
my
coming
thither
;
and
that
I
say
still
,
with
all
Humility
and
Duty
,
is
most
true
:
And
I
trust
to
make
it
apparently
true
presently
,
if
Your
Lordships
will
give
me
leave
to
call
for
,
and
examine
my
Witnesses
.
It
being
the
Proofs
Your
Lordships
will
look
to
,
and
not
to
what
was
only
alledged
by
that
Worthy
Gentleman
:
And
further
than
Your
Lordships
shall
find
proved
,
I
desire
not
to
be
believed
.
The
proof
offered
against
me
,
is
by
Sir
Edward
Warder
,
and
Sir
Robert
Pye
,
who
testified
,
That
from
the
year
1621.
nothing
went
out
of
the
Kings
Exchequer
to
supply
the
Irish
Affairs
,
saving
only
for
the
Maritime
occasions
.
And
this
I
believe
to
be
true
;
for
they
be
Gentlemen
of
Credit
that
speak
it
:
and
I
will
believe
them
on
their
Words
,
much
more
on
their
Oathes
.
But
(
under
favour
)
there
was
for
eight
years
together
before
my
coming
,
a
Contribution
of
20000
l.
a
year
paid
by
the
Country
;
which
was
no
part
of
the
Kings
Revenue
,
nor
as
I
conceive
,
ever
came
into
Accompt
,
nor
was
paid
into
the
Exchequer
,
as
will
appear
on
the
Fifteenth
Article
;
but
was
a
Gift
of
the
Country
,
and
applyed
to
the
Kings
Occasions
:
and
that
determined
,
the
Revenue
fell
short
20000
l.
of
the
Charge
.
Besides
,
when
I
came
into
Ireland
,
the
Crown
was
extreamly
indebted
,
above
(
as
I
think
(
not
to
stand
on
particular
sums
and
pence
)
100000
l.
Sterling
.
And
by
the
Gentlemans
own
saying
,
when
I
came
out
of
Ireland
,
I
left
100000
l.
in
the
Kings
Coffers
:
And
if
any
ask
where
the
Accompt
for
the
Subsidies
is
,
There
is
100000
l.
Debt
paid
,
100000
l.
left
in
the
Kings
Coffers
;
(
For
it
appears
by
Sir
Adam
Loftus
,
that
there
was
100000
l.
in
the
Exchequer
when
I
came
from
thence
)
There
was
15000
l.
employed
for
buying
Land
,
that
yields
the
King
2000
l.
a
year
.
And
so
much
of
my
Lord
of
Ormond
,
as
yields
2500
l.
a
year
:
So
that
the
Accompts
will
shew
the
bestowing
of
the
Subsidies
,
with
as
much
Advantage
as
might
be
,
for
the
Kings
Service
.
That
the
Revenue
was
short
,
I
could
make
appear
clearly
.
The
occasion
that
no
money
came
out
of
the
Exchequer
,
was
accidental
,
by
a
Contribution
of
the
Country
,
no
Revenue
of
the
Kings
.
And
if
that
had
not
been
supplyed
,
there
had
been
no
possibility
of
defraying
the
Ordinary
Charges
of
the
Crown
out
of
the
Revenue
;
and
that
is
the
point
wherein
I
differ
from
the
Gentleman
,
his
meaning
being
,
That
the
ordinary
Revenue
of
the
Kingdom
could
not
bear
the
ordinary
Charge
of
the
Kingdom
.
And
I
desire
that
Sir
Adam
Loftus
and
Sir
Robert
Dillom
,
may
be
examined
upon
such
questions
as
shall
be
propounded
in
this
point
.
Your
Lordship
may
examine
them
,
but
not
upon
Oath
.
I
will
not
displease
,
but
perfectly
obey
in
every
thing
.
It
will
not
be
denied
,
but
the
Revenue
is
increased
by
such
means
as
my
Whence
I
infer
,
that
it
was
not
much
material
to
insist
on
this
,
for
I
meant
And
whereas
it
is
said
,
I
was
short
in
the
Shipping
;
I
affirm
,
that
under
favour
,
I
was
not
.
It
is
true
,
that
in
the
time
of
the
late
Justices
,
my
Lord
of
Corke
,
and
my
Lord
Loftus
,
the
last
years
Charge
of
the
Shipping
was
paid
forth
of
Ireland
:
But
it
is
as
true
,
that
when
the
Kingdom
underwent
the
Charge
,
they
lessened
the
Charge
of
the
Kings
Army
,
by
striking
500
off
from
the
Army
;
and
transferred
the
Charge
of
their
pay
,
to
the
easing
of
the
Kings
Revenue
on
the
Navy
.
But
that
Charge
being
now
increased
again
,
and
brought
to
the
former
certainty
,
I
conceive
I
might
truly
say
,
There
was
in
my
time
an
ease
to
the
Crown
of
England
,
(
all
things
considered
)
which
formerly
it
had
not
:
It
being
not
with
the
prejudice
of
the
Kings
Service
elsewhere
,
or
lessening
the
standing
Army
,
which
in
all
times
hath
been
the
strongest
support
of
the
Kings
Justice
,
and
Ministers
there
;
and
which
it
deeply
concerns
the
Crown
of
England
,
to
keep
in
such
a
Condition
,
that
they
may
be
responsible
to
the
King
for
the
Services
he
shall
Command
:
So
that
though
the
Shipping
Charge
was
paid
the
last
year
,
yet
so
paid
,
that
the
Kings
Army
was
weakened
500
Foot
;
whereas
now
it
is
paid
,
and
the
Kings
Army
raised
to
a
certainty
again
;
and
a
Change
is
made
to
the
better
;
for
instead
of
500
Foot
,
there
is
600
Horse
.
And
that
I
say
,
my
Lord
of
Corke
remembers
very
well
,
there
being
Letters
of
his
,
That
Sir
Pierce
Crosby
his
Regiment
,
should
be
put
off
,
and
the
money
for
maintenance
thereof
,
should
go
to
defray
the
Charge
of
the
Kings
Ships
,
for
guard
of
the
Coast.
And
yet
the
Charge
is
much
more
now
than
it
was
;
for
the
Charge
was
then
only
two
Whelpes
,
as
my
Lord
Mountnorris
said
:
And
now
there
be
three
Ships
,
The
Swallow
,
a
Ship
of
the
Third
Rank
,
and
two
lesser
Vessels
;
so
that
I
conceive
my
Answer
,
in
my
sense
,
was
true
.
For
the
matter
of
having
money
out
of
the
Exchequer
,
I
conceive
my
Answer
to
contain
no
matter
of
Untruth
;
for
I
had
out
of
the
Exchequer
only
15000
l.
and
for
that
the
King
will
be
answered
2000
l.
a
year
good
Fee-farm
Rent
,
in
lieu
of
it
;
which
he
thought
was
no
ill
bargain
.
It
is
true
,
(
I
say
)
the
money
spoken
of
by
Sir
Adam
Loftus
,
was
borrowed
on
my
own
,
and
Sir
George
Ratcliffes
Bond
,
to
be
paid
upon
sight
.
At
that
time
(
I
praise
God
)
I
had
Credit
for
20000
l.
and
at
this
time
(
I
thank
God
for
that
too
)
I
have
not
Credit
for
20
d.
Gods
Will
be
done
,
I
obey
it
.
But
this
money
is
honestly
and
justly
paid
;
Where
is
the
Crime
then
?
might
not
I
borrow
of
a
Gentleman
that
would
trust
me
with
money
,
but
it
must
be
an
Offence
?
It
is
true
,
it
was
of
the
Kings
money
;
but
the
King
had
no
use
for
it
at
that
time
.
Had
not
I
made
use
of
it
,
it
must
otherwise
have
lain
in
the
Exchequer
,
and
yielded
no
profit
;
and
besides
,
I
borrowed
it
of
one
that
was
Accomptable
for
it
.
But
since
I
am
put
to
it
,
I
will
shew
that
which
will
clear
it
from
being
a
Crime
indeed
;
which
according
to
the
Duty
I
owe
unto
His
Majesty
,
my
Master
,
his
Command
hitherto
have
I
kept
private
to
my self
:
And
that
is
the
Kings
Warrant
,
being
all
of
His
own
Hand
writing
.
Sir
Adam
Loftus
,
being
then
Vice-Treasurer
,
and
now
demanded
the
question
,
Whether
that
Warrant
was
produced
to
him
at
the
borrowing
of
the
money
,
confessed
,
that
my
Lord
of
Strafford
never
told
him
of
the
The
Warrant
was
read
,
containing
a
Licence
to
make
use
of
40000
l.
There
was
accordingly
so
much
Tobacco
left
.
But
,
by
what
Law
And
whereas
by
the
Kings
Goodness
I
had
liberty
to
take
40000
l.
I
took
but
24000
l.
And
where
I
had
liberty
to
take
it
for
three
years
,
(
which
expires
not
till
Michaelmas
next
)
I
paid
it
in
long
before
the
time
.
And
by
this
one
particular
I
hope
it
will
appear
to
Your
Lordships
,
and
the
Gentlemen
of
the
House
of
Commons
,
how
Noble
it
will
be
to
believe
Charitably
of
me
,
till
they
hear
all
can
be
said
;
for
I
trust
,
in
the
whole
course
of
this
Trial
,
to
appear
an
honest
man
.
And
whereas
I
said
,
I
never
had
but
15000
l.
out
of
the
Exchequer
,
and
yet
had
24000
l.
borrowed
as
aforesaid
.
The
King
Commanded
me
I
should
not
take
notice
of
His
gracious
Favour
;
and
therefore
I
conceive
,
that
in
Duty
to
my
Master
I
ought
not
to
have
taken
notice
of
it
,
otherwise
my
Answer
should
have
clearly
and
plainly
exprest
it
:
I
never
having
Disobeyed
His
Majesty
,
nor
,
by
the
Grace
of
God
,
never
will
.
For
the
7000
l.
for
the
Guard
of
the
Irish
Coast
,
that
was
mentioned
already
;
and
I
shall
not
need
to
Answer
it
further
.
To
the
point
of
restoring
the
Possessions
of
the
Church
in
a
great
measure
;
I
say
,
there
was
not
only
a
Restitution
,
but
a
Preservation
by
an
Act
of
Parliament
,
for
preserving
the
Possessions
of
the
Church
from
being
mis-used
by
the
present
Incumbent
,
to
the
prejudice
of
the
Successors
;
which
Act
,
I
wish
were
in
England
:
But
that
I
conceive
not
to
be
Controverted
,
but
granted
me
.
But
it
is
said
,
The
Possessions
of
the
Church
were
restored
in
an
Illegal
way
,
to
please
my
Lord
of
Canterbury
:
To
which
I
Answer
,
The
Gentleman
indeed
spake
it
,
but
there
is
no
proof
of
it
,
neither
hath
he
offered
any
proof
;
and
till
it
be
proved
,
I
conceive
it
not
fit
to
trouble
Your
Lordships
with
Answering
it
:
I
have
done
nothing
in
Church
or
Common-wealth
,
but
Justly
and
Uprightly
.
Albeit
I
conceive
it
a
hard
case
,
that
having
the
Honour
to
be
the
Kings
Deputy
sitting
in
Council
,
where
there
be
Twenty
who
Voted
as
well
as
my self
,
That
I
should
be
noted
to
Answer
for
them
all
,
though
I
did
constantly
submit
my self
to
the
Major
part
.
And
as
to
my
Lord
of
Canterbury
,
I
beseech
Your
Lordships
to
think
,
That
what
I
have
done
for
the
Church
of
Ireland
,
was
out
of
a
faithful
Conscience
to
God
Almighty
,
out
of
a
desire
to
increase
the
Religion
I
Profess
,
and
which
I
will
witness
with
my
Blood
,
by
the
Blessing
of
Almighty
God
,
if
there
should
be
occasion
.
And
when
I
have
done
it
with
respect
to
that
Piety
of
His
Gracious
Majesty
,
which
I
would
faithfully
pay
Him
.
I
desire
it
may
not
be
put
upon
me
,
as
done
in
an
respect
only
to
my
Lord
of
Canterbury
,
where
no
such
thing
is
proved
:
No
,
I
did
it
out
of
Conscience
,
my
Duty
to
God
,
to
the
King
,
and
to
the
People
,
that
they
might
be
instructed
in
the
way
to
Eternal
Life
.
And
I
beseech
Your
Lordships
to
believe
,
I
have
a
Heart
a
little
greater
than
to
do
any
such
thing
to
please
any
man
living
,
with
Modesty
be
it
spoken
.
For
the
Building
of
Churches
,
I
confess
,
I
built
not
any
;
and
in
my
Answer
I
said
no
more
,
but
that
Churches
were
built
;
which
the
Worthy
Gentleman
acknowledged
in
some
part
.
I
confess
they
were
not
Built
by
me
,
or
at
my
particular
Charge
;
nor
do
I
say
otherwise
in
my
Answer
:
And
it
had
been
a
vain
thing
to
have
said
it
,
though
I
had
done
it
my self
.
But
it
is
said
,
the
Answer
is
not
right
,
in
saying
there
be
divers
Worthy
Church-men
preferred
;
and
three
are
instanced
in
,
Bishop
Atherton
,
the
Bishop
of
D.
and
one
Gwyn
:
To
this
I
beseech
Your
Lordships
,
that
I
may
be
bold
to
let
the
Gentlemen
know
,
That
Bishopricks
are
not
in
the
gift
of
the
Deputy
,
but
of
the
King
;
and
that
he
is
not
Responsible
for
what
the
King
doth
.
But
not
desiring
to
deny
any
thing
that
is
true
,
I
confess
,
I
think
Bishop
Atherton
was
unknown
to
His
Majesty
;
and
that
I
my self
recommended
him
to
the
Bishoprick
;
and
at
that
time
I
thought
the
Bishop
a
Person
fit
for
that
Charge
:
But
suppose
he
had
a
secret
fault
of
his
own
,
(
God
knows
it
was
unknown
to
me
)
may
not
a
man
be
deceived
in
his
Judgement
of
a
man
,
but
this
shall
be
turned
against
him
?
It
is
a
very
easie
thing
for
a
man
to
cover
his
faults
from
the
eye
of
the
world
;
I
thought
him
not
a
vicious
man
,
he
proved
so
,
and
he
had
his
merit
,
he
suffered
for
it
:
And
unless
I
had
the
Inspection
of
Almighty
God
,
I
suppose
,
this
cannot
be
laid
to
my
Charge
;
if
any
private
End
or
Respect
should
appear
in
the
doing
of
it
,
I
desire
no
more
of
Your
Lordships
Favour
;
and
I
profess
,
I
had
rather
be
out
of
the
World
,
than
not
have
the
Favour
of
Your
Lordships
,
and
the
Honourable
House
of
Commons
;
of
whom
I
desire
,
that
they
would
hear
me
with
that
Equity
that
they
hear
every
thing
.
For
the
Bishop
of
D.
all
that
is
mentioned
against
him
is
,
That
he
is
Impeached
of
High
Treason
by
the
Commons
House
of
Parliament
in
Ireland
:
And
how
the
Bishop
will
acquit
himself
I
know
not
;
but
for
that
the
Bishop
must
Answer
for
himself
,
not
I.
This
Bishop
hath
lived
in
my
House
a
long
time
,
as
my
Chaplain
;
and
I
humbly
recommended
him
to
that
Bishoprick
,
taking
him
(
and
I
hope
he
will
so
approve
himself
)
to
be
a
very
Learned
man
,
and
that
I
think
no
body
will
deny
:
certainly
he
hath
the
Elements
to
make
him
a
very
Worthy
Church-man
as
most
I
know
.
For
that
Gwyn
,
I
profess
I
never
heard
of
him
before
,
nor
do
I
know
him
;
But
recollecting
my
thoughts
,
I
think
he
was
recommended
to
me
by
my
Lord
of
D.
for
in
matters
of
the
Church
I
did
use
that
Gentleman
;
and
if
I
were
to
begin
the
World
again
,
I
would
use
him
still
,
holding
him
a
very
honest
Worthy
man
:
And
I
think
there
was
some
Rectory
or
Impropriation
that
the
Earl
of
Corke
had
possession
of
,
which
was
restored
to
the
Church
;
and
it
was
of
so
small
and
trivial
a
value
,
that
they
knew
not
who
to
get
to
serve
the
Cure
;
and
on
that
occasion
this
man
was
recommended
to
it
:
And
I
think
,
that
if
it
shall
come
to
be
examined
,
Thirty
pounds
a
year
will
go
far
in
his
preferment
.
And
if
such
a
thing
should
happen
,
and
miscarry
in
his
hands
,
it
is
no
such
hainous
Crime
as
is
objected
.
But
I
desire
leave
to
shew
what
I
have
done
in
this
kind
instead
of
this
Mr.
Gwyn
;
and
Your
Lordships
may
see
a
List
of
those
I
have
preferred
to
the
Church
of
Ireland
,
and
perhaps
they
may
be
known
to
some
of
Your
Lordships
,
and
to
many
Gentlemen
of
the
House
of
Commons
.
And
first
I
say
,
I
preferred
Mr.
Gray
,
and
have
done
for
him
according
to
the
means
I
had
by
the
Favour
and
Goodness
of
the
King
;
perhaps
he
hath
that
which
is
worth
3
,
or
4
,
or
500
l.
a
year
by
my
Gift
.
And
this
Mr.
Gray
(
if
I
be
not
mistaken
)
was
sometimes
Chaplain
to
a
Noble
Person
that
sits
on
the
Earls
Bench
;
and
if
it
were
material
further
to
enquire
of
him
,
I
might
give
satisfaction
what
he
is
.
I
likewise
brought
into
that
Kingdom
Mr.
Tilson
,
now
Bishop
of
Elphin
,
and
sometimes
Fellow
of
University
Colledge
of
Oxford
,
a
most
Worthy
,
Honest
,
Religious
Person
he
is
;
and
those
that
know
him
,
I
am
sure
will
give
him
that
Testimony
.
I
likewise
preferred
Dr.
Margetson
,
Dean
of
Christs
Church
;
he
was
of
Cambridge
,
and
a
Worthy
man
.
Mr.
Forward
,
Dean
of
Drummore
,
an
Oxford
man
;
who
if
he
were
known
,
would
appear
worthy
of
that
Preferment
.
Mr.
Dean
Cressy
an
Oxford
man
.
Mr.
Roade
,
Dean
of
Derry
,
a
Cambridge
man
,
of
Sydney
Colledge
.
Dr.
Wentworth
,
Dean
of
Armagh
,
of
Oxford
.
Dr.
Price
,
Dean
of
Conaught
,
of
Christs
Church
in
Oxford
.
Mr.
Thorpe
,
a
Cambridge
man
.
I
preferred
likewise
one
Mr.
Parry
,
whom
I
found
in
Ireland
;
but
all
the
rest
I
brought
,
and
sent
for
out
of
England
:
Nay
,
I
sent
for
them
,
and
did
those
things
for
them
before
they
did
ask
the
Question
,
or
knew
of
it
;
That
being
a
means
,
under
Gods
Blessing
,
to
conform
that
Kingdom
to
the
Church
of
England
.
And
these
,
and
far
greater
numbers
than
these
,
to
my
best
Judgment
and
Understanding
,
I
made
use
of
as
Instruments
to
Gods
Glory
,
His
true
Service
,
and
the
reducing
of
the
people
to
the
Profession
of
the
same
Religion
that
's
here
in
England
;
and
for
no
other
end
.
But
concerning
my
Carriage
of
the
Trust
reposed
in
me
by
the
King
,
touching
these
Ecclesiastical
Preferments
,
I
desire
no
other
Testimony
or
Witness
for
me
,
but
the
Lord
Primate
of
Ireland
,
who
is
sick
,
and
cannot
come
hither
:
To
whom
I
will
Appeal
,
whether
I
have
not
in
my
preferring
to
the
Church
Preferments
,
carried
my self
with
all
clearness
and
care
I
could
possibly
.
To
the
point
of
increasing
of
Protestants
;
if
Your
Lordships
please
to
hear
any
thing
in
that
kind
,
I
shall
call
my
Lord
Dillon
,
and
Sir
Adam
Loftus
,
who
if
they
should
be
asked
,
Whether
there
be
more
Protestants
in
Dublin
now
than
when
I
first
came
thither
?
I
doubt
not
but
they
would
give
an
account
of
a
greater
number
.
We
Charge
him
not
upon
this
point
;
so
it
was
set
aside
.
My
preferring
of
none
but
Protestant
Officers
,
if
I
mistook
not
,
the
Noble
Gentleman
did
acknowledge
.
To
the
disposing
of
the
Army
without
Grievance
to
the
Subject
;
I
(
viz.
)
Alderman
I.
who
said
,
they
have
a
special
Charter
at
Dublin
to
exempt
them
from
Billetting
of
Soldiers
.
But
whether
it
be
so
or
no
,
it
hath
ever
been
denyed
by
the
Deputies
:
And
by
his
own
Confession
,
the
Foot-Companies
of
my
Lord
of
Faulkland
were
Billetted
in
Dublin
.
And
whereas
it
was
said
they
had
Lodgings
,
not
Money
,
That
was
altered
upon
a
Composition
with
the
Soldiers
,
who
can
expect
only
Lodging
;
but
if
for
the
Ease
of
the
Town
they
will
allow
the
Soldier
Money
,
and
leave
him
to
provide
for
himself
,
it
is
all
one
.
For
the
Horse-Troops
,
My
own
is
,
and
ever
since
I
was
there
,
hath
been
Billetted
in
Dublin
.
And
it
is
in
the
power
of
the
Deputy
to
Garrison
part
of
the
King's
Army
where
he
pleases
,
and
without
controversie
,
hath
been
so
at
all
times
.
And
I
desire
that
my
Lord
Ranulagh
may
be
asked
,
Whether
the
Soldiers
of
the
Company
he
hath
,
be
not
Billetted
in
Athlone
,
at
least
some
part
of
it
.
It
is
true
,
my
Lord
of
Faulkland's
Troop
was
not
Billetted
in
Dublin
;
but
they
were
in
the
Counties
round
about
,
which
was
more
chargeable
.
And
besides
,
here
is
produced
but
one
single
Witness
;
and
I
hope
my
own
Answer
may
stand
equal
,
and
in
as
much
Credit
,
as
a
single
Testimony
,
that
on
the
matter
,
confesses
the
thing
in
a
great
part
.
For
the
increase
of
Shipping
,
the
Gentleman
question'd
it
not
;
and
really
Concerning
the
Sentencing
of
Jurors
,
and
the
questioning
of
them
But
one
thing
which
I
observe
the
Gentleman
to
say
,
is
very
Considerable
;
for
he
tells
what
was
spent
there
this
last
year
.
This
I
have
little
to
Answer
for
:
For
when
I
came
out
of
Ireland
,
there
was
100000
l.
in
the
Exchequer
;
and
how
it
hath
been
issued
,
I
know
not
,
but
it
hath
not
been
done
by
my
Warrant
or
Direction
;
yet
I
doubt
not
but
it
will
appear
,
when
examined
,
that
it
hath
been
faithfully
and
justly
disposed
.
But
I
am
not
to
Answer
for
it
,
only
I
can
say
,
That
when
I
came
out
of
that
Kingdom
,
the
Kingdom
was
so
far
from
being
60000
l.
in
Debt
,
(
as
some
such
thing
was
spoken
)
that
there
was
100000
l.
in
the
Kings
Coffers
.
And
for
the
50000
l.
received
by
me
in
England
,
Mr.
Vice-Treasurer
in
Ireland
,
is
Accomptable
for
it
,
though
Mr.
Vice-Treasurer
never
touched
the
money
,
and
my self
as
little
.
And
Mr.
Vice-Treasurer
discharges
himself
of
it
by
Warrants
issued
from
me
,
and
charged
it
upon
other
Accomptants
;
who
when
they
come
to
Account
,
I
doubt
not
but
a
good
Account
will
be
given
.
Though
(
under
favour
of
the
Gentleman
)
of
the
50000
l.
14000
l.
is
yet
unpaid
,
only
there
is
an
Assignment
.
But
it
lies
on
him
and
his
Credit
for
discharge
of
the
Kings
Service
:
And
it
must
lye
on
him
,
or
on
some
other
person
,
if
himself
have
nothing
left
him
.
And
whereas
it
is
said
,
the
money
I
had
as
borrowed
,
was
taken
out
when
the
Kings
Army
was
in
want
,
I
desire
Your
Lordships
to
observe
,
It
was
two
years
ago
when
I
had
this
money
;
and
then
there
was
100000
l.
in
Surplusage
.
And
though
the
King
gave
me
Liberty
,
of
His
Goodness
,
to
use
it
three
years
,
it
was
not
wanting
to
the
Army
when
it
stood
in
need
of
it
.
The
next
thing
urged
,
was
my
Cozenage
in
the
Custom-house
;
and
that
I
had
there
Cozened
the
King
notably
,
5
or
6000
l.
a
year
deep
.
To
Answer
this
,
I
reserve
my self
till
I
come
to
the
particular
Article
;
but
desire
leave
with
all
Modesty
to
say
,
That
it
shall
appear
I
have
not
Cozened
,
nor
deceitfully
abused
His
Majesty
for
a
Farthing
Token
,
neither
in
that
,
nor
in
anything
else
.
And
that
there
is
no
other
Allowance
,
nor
Defalcation
by
the
Grant
wherein
I
am
Interessed
for
15600
l.
a
year
,
and
8000
l.
Fine
,
then
was
allowed
to
the
former
Farmers
,
that
had
it
at
the
Rent
of
13000
l.
a
year
.
And
that
I
have
made
the
King
a
much
more
profitable
bargain
than
he
had
,
or
could
have
without
it
.
The
next
was
for
the
Revenues
of
the
Church
,
That
they
were
got
without
Rules
of
Justice
;
And
were
an
Offering
of
Rapine
.
And
that
I
had
an
Eye
to
my
own
Preferment
,
in
the
Person
of
my
Lord
of
Canterbury
:
To
that
I
have
already
Answered
.
And
thus
having
run
over
all
the
Preamble
,
I
humbly
begg
leave
to
make
some
Observations
upon
the
Testimonies
produced
,
(
viz.
)
That
the
Examinations
of
Sir
Iohn
Clotworthy
,
and
my
Lord
Ranulagh
,
I
conceive
,
do
not
concern
me
.
Mr.
Barnewells
was
for
things
spoken
when
I
was
out
of
the
Kingdom
;
and
were
concerning
Sir
George
Ratcliffe
,
and
not
me
.
For
the
Remonstrances
shewed
,
wherein
they
disclaim
the
Preamble
to
the
Act
for
four
Subsidies
,
I
beseech
Your
Lordships
to
consider
,
how
unlikely
it
is
that
I
should
do
any
thing
in
that
kinde
fraudulently
or
surreptitiously
:
For
by
the
Custom
of
that
Kingdom
,
the
Laws
must
be
transmitted
hither
under
the
Hand
of
the
Deputy
and
Council
,
and
so
pass
the
Seal
,
and
be
returned
to
Ireland
;
when
that
Law
was
transmitted
,
I
was
here
in
England
,
as
I
take
it
:
And
absolutely
and
directly
,
I
protest
I
never
knew
any
thing
in
the
World
of
that
Preamble
,
never
saw
it
,
nor
heard
of
it
,
I
think
,
till
I
saw
it
in
the
Copy
of
the
Remonstrance
;
I
never
heard
it
was
excepted
against
,
it
having
pass'd
the
Vote
,
and
three
times
reading
,
in
both
Houses
:
And
I
would
have
consented
to
have
it
struck
out
,
as
in
truth
I
will
now
,
being
far
from
any
thing
of
vanity
,
and
not
thinking
my self
better
or
worse
by
being
put
in
or
out
:
And
if
it
were
charged
upon
me
as
a
Crime
,
or
were
material
for
me
to
prove
it
,
I
think
I
could
by
Witness
in
Town
prove
,
That
it
was
the
general
Vote
of
the
Commons
House
,
and
passed
with
as
much
Applause
and
Chearfulness
,
as
any
thing
.
And
,
that
if
my
Lord
Dillon
,
and
Sir
Adam
Loftus
,
and
some
other
of
the
Irish
Commissioners
,
were
examined
upon
Oath
,
I
believe
they
would
Swear
they
never
heard
any
Exceptions
against
it
,
till
the
time
I
was
Impeached
with
High
Treason
.
For
the
Particular
concerning
Sir
Pierce
Crosby
,
it
concerned
not
me
;
but
the
reason
of
his
being
put
from
the
Board
was
this
:
All
Laws
must
first
be
transmitted
from
the
Deputy
and
Council
;
the
Bill
against
which
he
Voted
was
transmitted
,
Sir
Pierce
Crosby
was
there
,
and
set
his
hand
to
the
transmission
;
and
because
he
did
not
except
against
it
then
,
being
a
Member
of
the
Board
,
but
did
except
against
it
afterwards
,
it
was
thought
fit
he
should
be
Sequestred
(
as
I
remember
)
till
His
Majesties
Pleasure
should
be
known
;
but
Committed
he
was
not
:
And
it
was
done
by
the
Vote
of
the
whole
Board
,
but
no
way
to
infringe
the
Liberty
of
the
House
;
and
so
in
Obedience
to
Your
Lordships
,
as
near
as
I
could
,
with
a
great
deal
of
Weakness
and
Infirmity
,
I
have
said
as
much
as
I
can
for
the
present
recollect
,
towards
the
making
good
the
Truth
of
my
Preamble
.
And
I
conclude
with
this
humble
suit
,
there
being
some
Exception
took
at
some
Words
that
fell
from
me
,
Many
mens
Tongues
and
Mouthes
may
offend
,
where
their
Hearts
do
not
:
And
that
in
truth
I
may
say
,
my
Heart
did
not
offend
against
that
Reverence
and
Duty
I
shall
always
pay
,
on
all
occasions
,
to
the
Honourable
House
of
Commons
,
and
every
Member
of
it
;
but
to
others
,
that
are
neither
Members
of
this
House
,
nor
of
the
House
in
Ireland
,
I
meant
what
I
said
:
And
I
do
beseech
the
Gentlemen
of
the
House
of
Commons
to
accept
my
Acknowledgment
of
this
truth
:
and
that
my
Words
may
not
be
any
ways
raised
against
me
as
a
Cause
of
their
thinking
worse
of
me
;
or
that
I
should
be
peccant
or
offending
,
in
having
other
thoughts
of
the
Members
and
Proceedings
of
the
House
,
than
with
all
Submission
,
and
all
belief
of
the
Equity
of
it
.
To
which
Defence
,
one
of
the
Managers
appointed
for
this
days
Service
,
briefly
replyed
,
in
substance
as
followeth
.
What
I
have
said
in
Answer
of
the
Preamble
,
was
not
by
way
of
That
what
we
have
proposed
still
stands
unavoided
,
as
we
conceive
,
notwithstanding
any
thing
my
Lord
of
Strafford
hath
said
.
That
as
concerning
Sir
Pierce
Crosby
his
agreeing
to
the
Transmission
,
if
that
be
true
:
That
there
is
a
preparative
part
of
the
Law
,
and
there
Sir
Pierce
Crosby
might
speak
as
a
Councellor
;
But
there
is
a
Legislative
part
of
the
Law
,
and
that
is
done
in
Parliament
;
and
these
being
distinct
,
if
Sir
Pierce
Crosby
did
do
any
thing
at
Council-Table
,
it
deprived
him
not
of
his
Liberty
to
speak
in
Parliament
.
But
we
are
informed
,
he
gave
his
denial
to
consent
to
the
Transmission
.
And
if
my
Lord
of
Strafford
were
not
guilty
in
his
own
Person
of
breach
of
Priviledge
;
yet
if
under
his
Government
,
Priviledge
of
Parliament
be
broken
,
it
is
no
matter
of
Merit
to
say
,
he
procured
Parliaments
.
It
is
no
Answer
to
say
,
things
are
not
proved
,
when
any
thing
we
urged
,
is
contained
under
an
Article
;
for
then
he
refers
the
proof
when
he
comes
to
the
Article
;
as
many
things
concerning
the
Lands
of
the
Clergy
,
will
be
made
good
in
the
proofs
of
the
proper
Article
.
That
he
hath
preferred
many
Divines
;
that
is
no
part
of
his
Merit
,
nor
takes
away
his
fault
,
though
it
be
true
.
That
for
the
Value
of
his
living
,
we
never
heard
of
it
till
on
this
occasion
;
but
be
it
small
or
great
,
it
is
nothing
to
justifie
my
Lord
of
Strafford
,
being
offered
to
this
purpose
;
That
though
his
Lordship
were
careful
of
the
Lands
of
the
Ministers
,
He
was
not
careful
of
the
Ministers
themselves
,
in
suffering
a
Groom
to
execute
that
high
Function
;
Ministers
being
not
to
be
chosen
according
to
the
Quality
of
the
Living
,
but
according
to
the
Quality
of
the
Function
.
That
for
the
matter
of
Monopolies
,
if
his
Lordship
do
stop
any
,
he
may
stop
them
for
sinister
Reasons
and
Respects
;
and
however
,
there
is
no
Compensation
,
doing
his
Duty
in
one
thing
,
not
satisfying
for
Neglect
in
another
.
And
then
concluded
,
That
what
we
have
not
now
replied
unto
,
shall
be
made
good
in
the
Charge
;
and
ought
not
in
their
Lordships
Opinion
,
make
my
Lord
of
Strafford
more
plausible
;
for
the
Charge
shall
be
made
good
against
him
in
the
truth
of
the
Fact
,
and
the
Aggravation
of
it
.
Hereupon
the
Court
was
Adjourned
,
and
the
Committee
directed
to
proceed
to
the
Proofs
conducing
to
the
particular
Charge
,
the
next
Morning
.
The
Third
day
.
Wednesday
,
March
24.
1640.
Gentlemen
,
YOU
who
are
of
the
Committee
to
manage
the
Evidence
against
the
Earl
of
Strafford
,
I
am
to
acquaint
you
,
Their
Lordships
have
considered
Pierce
Crosby
,
his
being
examined
as
a
Witness
,
and
my
Lord
of
Straffords
Exceptions
;
and
have
resolved
that
he
shall
be
Examined
;
and
that
the
Validity
of
his
Testimony
shall
be
left
unto
their
Lordships
Judgments
.
Your
Lordships
have
with
great
Patience
attended
the
Charge
that
hath
been
read
,
and
the
Answer
,
and
the
Exceptions
taken
to
the
Preamble
,
My
Lords
,
I
shall
repeat
little
of
that
that
hath
been
said
,
only
pardon
me
if
I
say
this
to
Your
Lordships
,
That
wherein
my
Lord
of
Strafford
answered
to
very
many
particulars
,
yet
to
that
one
main
he
answered
not
,
which
was
principally
objected
against
him
;
which
I
therefore
speak
to
put
him
in
mind
of
it
,
that
if
he
can
,
he
may
Answer
:
And
that
is
,
Your
Lordships
were
pleased
to
hear
the
Complaint
and
Protestation
of
the
whole
Kingdom
of
Ireland
read
before
you
.
The
principal
of
their
Aim
seems
to
be
,
to
take
off
the
Extolling
of
my
Lord
of
Strafford
,
that
himself
,
or
his
Agents
,
had
put
upon
him
in
a
Bill
of
Subsidies
;
wherein
indeed
the
Praise
and
Honour
due
to
His
Majesty
,
was
much
Attributed
to
my
Lord
of
Strafford
,
which
grieved
the
Parliament
,
who
would
take
it
off
,
and
my
Lord
of
Strafford
is
now
willing
to
lay
it
down
;
and
he
doth
well
to
do
so
when
he
can
keep
it
no
longer
,
when
those
from
whom
he
took
it
by
fraud
or
force
,
would
wrest
it
again
from
him
.
I
desire
Your
Lordships
to
remember
,
and
I
am
sure
you
will
,
That
the
main
of
our
Complaint
is
,
His
alteration
of
the
fundamental
Laws
against
Will
;
His
introducing
of
new
Laws
at
his
Will
and
Pleasure
:
This
is
not
only
the
Cry
,
but
the
Testimony
of
a
whole
Kingdom
before
Your
Lordships
;
of
all
the
Lords
and
Commons
of
Ireland
.
I
shall
not
touch
that
which
concerns
breach
of
Priviledge
of
Parliament
,
he
would
fain
put
that
off
on
Sir
George
Ratcliffe
,
his
bosom
Friend
,
and
put
it
off
himself
.
My
Lord
of
Strafford
Sequestred
Sir
Pierce
Crosby
from
the
Council
,
his
Vote
went
with
it
,
others
joined
with
him
;
but
I
am
sure
he
moved
it
,
he
concurred
with
it
.
But
now
,
My
Lords
,
I
humbly
Address
my self
to
that
we
are
ready
to
maintain
,
The
Body
of
the
Charge
:
And
because
some
time
hath
been
spent
between
the
reading
of
the
Charge
,
and
the
main
of
the
Defence
,
I
desire
leave
to
open
what
is
the
Nature
,
what
the
Height
and
Quality
of
the
Offence
,
of
which
this
great
Lord
stands
Accused
before
you
?
My
Lords
,
It
is
a
Charge
of
the
highest
Nature
that
can
be
against
a
man
;
A
Charge
of
High
Treason
.
It
is
a
Treason
,
not
ending
and
expiring
in
one
single
Act
of
a
discontented
Heart
,
but
a
Habit
,
a
Trade
,
a
Mystery
of
Treason
exercised
by
this
Great
Lord
,
ever
since
the
Kings
Favour
bestowed
on
him
.
My
Lords
,
It
hath
two
Evils
to
deprive
us
of
that
which
is
good
;
that
is
,
to
subvert
and
take
away
the
fundamental
,
the
ancient
Laws
,
whereby
we
are
secure
of
whatsoever
we
do
enjoy
;
it
hath
(
My
Lords
)
a
positive
Evil
in
it
,
to
introduce
instead
of
that
an
Arbitrary
Government
,
bounded
by
no
Laws
,
but
by
the
Evil
Councels
of
such
Ministers
as
he
hath
been
.
My
Lords
,
It
is
the
Law
that
gives
that
Soveraign
tye
,
which
w●
all
Obedience
and
Chearfulness
,
the
Subject
renders
to
the
Soveraign
.
It
is
the
Law
(
My
Lords
)
that
gives
Honours
to
the
Lords
and
Nobles
;
Interest
,
Property
,
and
Liberty
to
the
Subject
.
My
Lords
,
The
Law
,
(
as
it
is
the
Foundation
and
Ground
of
all
these
)
hath
its
distribution
in
a
course
of
Justice
.
Justice
is
derived
(
as
by
so
many
Channels
)
by
the
several
Courts
of
Justice
;
whereby
the
Kings
Justice
(
for
it
is
His
)
is
brought
and
conveyed
to
the
Subject
.
My
Lords
,
Of
all
this
hath
my
Lord
of
Strafford
endeavoured
,
not
only
to
put
the
Subject
out
of
present
Possession
,
but
to
make
him
uncapable
of
the
future
Benefit
of
it
.
Other
Treasons
,
yea
,
a
Treason
against
the
Person
of
a
Prince
(
which
is
the
most
Transcendent
and
High
Treason
that
can
be
)
fall
short
of
this
Treason
;
For
a
good
Prince
may
be
gathered
to
His
Fathers
,
yet
another
may
succeed
Him
,
that
supports
the
Glory
and
Justice
of
His
Throne
.
We
have
had
Experience
of
it
:
When
blessed
King
Iames
was
taken
from
us
to
Heaven
,
Sol
occubuit
&
nox
nulla
secuta
est
.
But
if
any
one
such
a
design
as
this
should
take
effect
,
That
the
Law
and
Justice
should
be
taken
from
the
Throne
,
and
Will
placed
there
,
we
are
without
hope
of
ever
seeing
Remedy
.
Power
in
so
great
a
measure
taken
,
is
not
easily
laid
down
,
unless
it
be
by
the
exceeding
great
goodness
of
so
merciful
and
just
a
Prince
as
we
have
.
My
Lords
,
The
Particulars
of
this
Treason
are
Conveyed
to
Your
Lordships
in
28
several
Articles
.
I
shall
shortly
and
briefly
touch
but
the
Heads
of
those
on
which
I
shall
insist
,
and
give
some
distribution
of
them
.
And
I
think
the
best
way
will
be
this
;
To
consider
first
what
he
did
,
and
what
he
said
,
before
he
went
into
Ireland
;
then
what
he
did
and
said
there
;
and
what
he
hath
done
since
.
And
in
all
of
them
,
you
will
find
this
his
main
design
,
which
I
have
opened
,
That
Law
might
no
where
stand
against
his
Will
;
and
to
settle
it
,
that
he
might
continue
so
.
My
Lord
hath
declared
this
in
incroaching
Jurisdiction
where
it
was
not
,
in
exercising
an
Arbitrary
Power
under
that
Jurisdiction
;
In
taking
on
him
a
Power
to
make
Laws
;
In
Domineering
and
Tyrannizing
over
the
Lives
,
the
Liberties
,
the
Goods
,
the
Estates
,
and
whatsoever
is
the
Subjects
.
And
(
My
Lords
)
this
hath
he
done
,
not
only
on
those
of
the
meaner
sort
that
could
not
resist
him
,
but
on
the
Peers
,
on
the
greatest
and
most
ancient
Nobility
of
Ireland
:
And
what
might
Your
Lordships
expect
,
but
the
same
measure
at
his
hands
,
had
his
Will
had
its
passage
here
,
which
it
had
in
Ireland
.
I
shall
now
come
to
the
particular
Articles
.
1.
And
first
,
Whereas
it
pleased
His
Majesty
to
place
him
with
Power
and
Honour
in
his
hand
in
the
North
as
President
,
he
had
not
been
long
there
;
but
that
Commission
which
bounded
and
pleased
his
Predecessors
,
he
must
needs
surmount
and
overgo
.
There
was
a
Commission
in
16
Iac.
which
the
then
Lord
Deputy
had
,
in
which
was
that
Legal
phrase
Secundum
antiquum
cursum
,
his
own
Commission
4
Car.
pursued
that
,
without
any
alteration
;
but
being
in
but
four
years
,
this
would
not
please
his
boundless
Ambition
,
he
must
needs
have
the
Power
that
the
Lords
in
the
Star-Chamber
have
,
put
in
in
express
terms
,
a
Power
to
proceed
according
to
the
course
of
the
Chancery
,
that
his
Conscience
might
limit
other
mens
Estat●
;
That
his
Injunctions
might
stay
other
Proceedings
at
Law
:
And
which
is
highest
of
all
,
if
any
thing
be
done
in
that
Court
,
within
these
Instructions
,
than
no
Prohibition
should
be
Awarded
.
He
would
make
himself
safe
from
any
supervising
of
other
Courts
.
If
he
Committed
any
man
to
Prison
,
though
a
Habeas
Corpus
were
granted
(
then
which
,
the
Subject
hath
no
other
remedy
to
vindicate
his
Liberty
)
the
Officer
(
for
the
encouragement
of
those
which
be
under
his
Power
)
must
not
obey
it
.
And
if
any
Fine
be
put
upon
the
Officer
,
then
comes
a
command
in
this
Commission
,
That
the
Fine
shall
be
discharged
;
so
he
not
only
takes
a
Power
to
himself
,
but
also
takes
the
Scepter
of
Justice
out
of
the
Kings
Hands
;
for
by
this
means
there
is
an
impossibility
the
Subject
should
have
the
Justice
that
my
Lord
knows
is
due
to
him
;
and
he
knows
it
right
well
:
for
when
he
was
a
Member
of
the
House
of
Parliament
,
it
was
his
own
motion
,
who
now
stands
at
the
Barr
,
That
all
the
Officers
and
Ministers
of
State
,
should
serve
the
King
according
to
that
Law
,
and
he
is
the
first
Officer
and
Minister
of
State
,
that
breaks
it
;
and
in
the
most
transcendent
degree
that
ever
it
was
broken
.
My
Lords
,
He
doth
in
this
,
as
much
as
in
him
lies
,
say
to
the
Laws
,
Do
your
worst
;
You
can
but
Fine
,
and
that
you
can
do
shall
come
to
nothing
;
The
Fine
shall
not
be
paid
,
The
Officer
shall
not
obey
you
.
If
this
had
been
a
single
Act
,
we
should
never
have
accused
him
of
this
Treason
,
though
it
comes
very
High
,
and
very
Transcendent
.
But
the
Oppressions
and
Injustice
,
the
Councels
and
Speeches
that
we
present
to
Your
Lordships
,
we
present
them
not
singly
,
but
as
together
,
designing
and
noting
,
what
a
Treasonable
purpose
and
disposition
is
in
him
.
2.
My
Lords
,
The
next
thing
he
doth
when
he
is
in
the
North
among
the
Justices
of
the
Peace
,
and
the
People
attending
for
Justice
,
you
shall
see
what
Encouragement
he
gives
them
to
look
for
it
;
and
how
foul
a
thing
he
dares
to
fling
on
the
Sacred
Majesty
that
did
advance
him
.
He
tells
the
Justices
that
were
to
do
Justice
,
and
the
People
that
were
to
receive
Justice
,
That
some
of
the
Justices
were
all
for
Law
,
but
they
should
find
,
The
Kings
little
Finger
is
heavier
than
the
Loyns
of
the
Law
.
Your
Lordships
may
consider
what
a
transcendent
Speech
this
was
,
out
of
whose
Mouth
it
came
,
what
sad
Accidents
happened
upon
it
;
nothing
could
move
this
Lord
to
utter
it
:
but
his
Will
and
his
Violence
must
out
,
though
he
burst
a
Kingdom
in
pieces
for
it
.
3.
The
next
thing
is
this
,
When
he
goes
into
Ireland
you
will
find
his
Temper
and
Spirit
not
a
whit
Allayed
;
but
now
being
further
from
His
Majesties
Person
,
he
is
higher
in
his
Power
and
in
his
Will.
It
is
true
,
that
Kingdom
was
annexed
to
this
many
years
ago
;
but
they
that
now
possess
the
greatest
part
of
it
,
are
Subjects
of
this
Kingdom
,
descended
from
them
that
went
from
hence
thither
.
Yet
he
tells
them
in
a
solemn
Speech
,
not
suddenly
but
solemnly
,
That
Ireland
is
a
Conquered
Nation
,
and
the
King
might
do
with
them
what
he
would
;
and
that
their
Charters
were
nothing
worth
,
and
bind
the
King
no
longer
than
he
pleases
.
Surely
(
My
Lords
)
We
might
see
what
he
would
do
if
he
had
Power
.
But
God
be
blessed
,
we
find
not
that
disposition
any
where
resented
by
His
Majesty
;
and
we
hope
that
such
Councels
shall
never
have
Access
to
so
good
and
gracious
an
Ear.
4.
The
next
thing
,
he
stays
not
in
words
,
but
will
be
as
good
as
his
word
if
he
can
;
and
he
begins
high
.
For
that
we
present
next
,
is
a
Peer
of
the
Kingdom
thrust
out
of
his
Possession
by
my
Lord
of
Straffords
Order
;
and
when
he
Sues
at
Law
for
recovery
of
his
Right
,
my
Lord
Threatens
him
.
Truly
Threatnings
are
not
good
,
in
such
a
case
,
where
a
man
Sues
for
Justice
,
And
from
him
that
ought
to
Administer
Justice
,
and
further
him
in
it
;
yet
he
Threatens
him
Imprisonment
,
to
which
Peers
are
not
ordinarily
liable
.
First
my
Lord
tells
him
,
He
will
not
have
Law
nor
Lawyers
question
his
Orders
;
he
might
debar
the
Lawyers
in
some
Cases
,
but
why
a
man
should
have
a
Spleen
at
the
Law
,
that
his
Orders
should
not
be
examined
by
,
that
I
know
not
.
And
he
goes
higher
;
for
when
there
was
an
occasion
to
speak
of
an
Act
of
State
,
he
tells
him
,
That
he
will
make
him
and
all
Ireland
know
,
that
as
long
as
he
had
the
Government
there
,
any
Act
of
State
made
,
or
to
be
made
,
should
be
as
binding
as
an
Act
of
Parliament
.
My
Lords
,
He
cannot
go
higher
in
Speeches
than
this
,
That
an
Act
of
State
of
his
own
making
,
and
his
own
Power
,
should
be
as
binding
as
an
Act
of
Parliament
.
Nay
,
he
tells
them
in
Parliament
,
That
they
were
a
Conquered
Nation
,
and
must
expect
Laws
as
from
a
Conquerour
.
5.
Next
we
shall
shew
divers
Instances
wherein
he
exercises
Power
over
the
Lives
,
Lands
,
and
all
that
is
the
Subjects
;
deduced
into
several
Articles
,
viz.
the
5th
,
the
6th
,
the
7th
,
and
the
8th
.
In
particular
,
one
I
shall
be
bold
to
open
,
That
is
the
Case
of
my
Lord
Mountnorris
,
another
Peer
of
that
Kingdom
,
and
a
great
Officer
there
.
Some
words
fell
from
that
Lord
,
speaking
of
one
that
had
trodden
on
my
Lord
of
Straffords
Toe
,
That
he
hoped
the
Party
did
it
not
in
Revenge
;
for
he
had
a
Brother
that
would
not
have
sought
such
a
Revenge
.
For
these
words
,
spoke
at
a
private
Table
,
half
a
year
,
yea
seven
months
before
,
my
Lord
of
Strafford
calls
a
Councel
of
War
,
and
judges
his
Lordship
to
death
.
My
Lords
,
It
is
no
wonder
that
he
would
make
the
Kings
little
Finger
so
heavy
,
that
could
make
his
own
Toe
heavy
enough
to
tread
the
Life
of
a
Peer
under
his
Feet
.
And
he
did
not
only
give
Sentence
in
that
Case
,
but
caused
Execution
to
be
done
in
another
Case
,
upon
one
D.
who
was
condemned
by
Martial
Law
,
and
hanged
at
Dublin
,
where
there
was
no
War
at
all
.
Other
particulars
will
follow
when
I
fall
upon
proof
.
9.
Then
he
comes
to
make
Laws
;
and
that
is
in
the
9th
Article
.
By
the
Laws
of
England
and
Ireland
too
,
the
Ecclesiastical
Power
is
distinct
from
the
other
,
it
not
extending
to
the
Imprisonment
of
the
Person
,
but
is
to
attend
the
Kings
Courts
,
and
to
receive
directions
from
thence
;
yet
he
makes
a
Warrant
to
the
Bishop
of
Downe
,
(
and
he
made
it
to
others
too
)
That
if
any
of
the
poorer
sort
did
not
appear
upon
the
Bishops
Citation
,
or
not
obey
when
they
did
appear
,
they
should
be
Attached
and
Imprisoned
;
Here
he
makes
a
Law
of
himself
,
and
subjects
the
Liberties
of
the
Subjects
to
his
own
Pleasure
;
but
this
was
for
the
poorer
sort
of
People
,
though
Justice
sees
no
difference
in
matters
of
Estate
,
betwixt
Poor
or
Rich:
But
when
he
hath
brought
it
on
the
Poor
,
he
will
afterwards
bring
it
on
the
Rich.
10.
The
next
is
a
Power
of
laying
Impositions
on
the
Subjects
:
First
he
is
a
Farmer
of
the
Customs
,
he
puts
excessive
Rates
upon
the
Commodities
;
that
which
is
worth
but
5
s.
as
the
Hydes
,
he
will
have
valued
at
20
s.
and
the
Wool
,
which
is
worth
5
s.
he
will
have
it
valued
at
13
s.
4
d.
and
by
this
he
takes
away
,
in
effect
,
whatsoever
the
Commodity
is
worth
;
for
the
Customs
come
very
near
the
Value
.
Another
particular
in
this
I
shall
be
bold
to
open
,
and
I
hope
his
Lordship
will
provide
to
give
an
Answer
,
He
hath
advanced
by
this
the
Kings
Customs
,
and
a
Rent
of
1350
l.
is
increased
to
the
Crown
:
But
it
will
appear
to
Your
Lordships
,
that
the
Crown
hath
lost
,
and
he
only
hath
gained
.
And
whereas
my
Lord
of
Strafford
says
there
was
no
other
Defalcations
in
his
Patent
,
than
in
the
former
,
that
will
fall
out
to
be
otherwise
;
for
this
is
the
State
of
the
bargain
,
There
was
a
former
Rent
of
9700
l.
which
the
Duke
of
Buckingham
paid
out
of
this
Farm
.
On
the
Earl
of
Straffords
Patent
that
Rent
is
reserved
,
and
as
much
as
came
to
1350
l.
more
,
but
in
lieu
of
1350
l.
advanced
to
the
King
,
my
Lord
of
Strafford
hath
in
his
Grant
the
Surplusage
of
Wines
(
which
were
not
in
the
Dukes
Patent
)
worth
3400
l.
a
year
,
besides
a
Rent
paid
for
the
Term
of
the
Wine
of
1400
l.
And
whereas
there
was
no
defalcation
of
the
Customs
of
London
,
Derry
and
Colerane
in
the
Dukes
Lease
,
which
amounted
to
1500
l.
a
year
;
my
Lord
of
Strafford
must
have
a
defalcation
for
them
:
And
then
the
Seizures
,
which
were
500
l.
a
year
;
and
for
Knockvergus
and
Straniford
2500
l.
a
year
,
so
here
is
above
5000
l.
a
year
less
to
the
Crown
,
in
lieu
of
the
advance
of
1350
l.
a
year
,
besides
the
increased
Customs
,
amounting
to
12000
l.
a
year
:
And
yet
he
again
hath
far
exceeded
this
proportion
.
We
say
further
,
he
doth
not
only
impose
on
the
Subjects
,
but
takes
away
that
which
is
the
Subjects
utterly
and
entirely
,
as
in
the
case
of
the
Flax.
It
is
true
,
the
Employment
of
it
belongs
to
Women
;
but
it
is
the
greatest
Commodity
(
one
of
them
)
of
that
Kingdom
,
and
of
greatest
profit
,
the
Revenue
of
the
Custom
of
it
being
800
l.
a
year
;
and
this
he
hath
gotten
into
his
own
hands
and
possession
.
This
he
got
from
the
Natives
,
and
took
it
to
himself
.
He
doth
for
that
purpose
,
issue
a
Proclamation
,
That
they
shall
use
it
in
such
a
way
wherein
the
Natives
were
unskill'd
,
and
if
it
were
not
so
done
,
it
should
be
seized
;
and
it
was
seized
accordingly
,
yea
their
Houses
broke
open
,
and
their
Goods
taken
away
,
and
brought
to
my
Lord
of
Straffords
house
,
where
they
were
employed
in
his
works
.
The
like
we
shall
instance
in
Tobacco
.
15.
Next
we
shall
shew
to
Your
Lordships
how
he
hath
levied
War
upon
the
Kings
Subjects
.
We
opened
in
the
beginning
,
what
an
Arbitrary
Jurisdiction
he
set
up
;
here
we
shall
shew
how
he
used
it
by
a
meer
course
of
Enmity
and
Hostility
.
For
(
My
Lords
)
this
was
the
course
;
If
a
Decree
or
Order
were
made
by
him
,
and
not
obeyed
,
he
issues
a
Warrant
to
the
Sergeant
at
Arms
,
to
go
to
the
next
Garrison
,
and
take
Soldiers
,
with
an
Officer
,
and
carry
them
to
the
House
of
the
party
in
question
;
it
is
no
matter
where
it
was
,
but
to
the
House
of
them
that
were
pretended
to
be
disobedient
,
they
were
to
go
:
If
the
Decree
had
been
to
raise
so
much
money
,
or
to
put
parties
in
possession
.
In
plain
terms
,
the
Soldiers
were
to
lye
like
Free-booters
,
and
Enemies
on
the
King's
People
,
to
eat
them
up
.
They
have
killed
their
Sheep
,
their
Oxen
,
and
they
have
lain
not
on
the
parties
only
,
but
on
their
Tenants
,
till
the
party
comes
in
and
renders
himself
.
They
have
burnt
their
Houses
,
taken
their
Wives
,
and
Friends
,
and
carried
them
away
,
till
Obedience
was
rendered
,
and
this
is
a
levying
of
War
upon
the
King
;
For
the
King
and
the
People
are
both
so
united
in
Affection
and
Right
of
Law
,
that
there
cannot
be
Violence
offered
to
the
King
,
but
it
redounds
to
the
People
;
nor
can
any
Oppress
the
People
in
this
sort
,
but
it
redounds
to
His
Majesty
.
Besides
,
it
is
contrary
to
a
Law
of
that
Kingdom
;
whereby
it
is
Enacted
,
That
if
any
person
shall
assess
Horse
or
Foot
,
on
any
of
the
Kings
People
,
without
their
consent
,
it
is
High
Treason
.
The
next
thing
we
shall
go
to
,
is
the
Favour
he
shewed
to
the
Papists
,
in
their
Compositions
and
Exemptions
from
all
penalties
of
Law
;
for
they
were
expresly
not
to
be
proceeded
against
,
nor
to
be
Convicted
;
and
so
that
which
hath
influence
into
Religion
and
Reformation
,
is
quite
taken
away
,
and
nothing
but
matter
of
Profit
is
left
.
The
next
Article
is
that
that
concerns
the
Kingdom
of
Scotland
.
First
he
begins
with
them
in
Ireland
;
contrives
an
Oath
,
which
is
set
forth
in
the
Articles
,
That
they
shall
obey
the
Kings
Royal
Commands
without
exception
.
This
he
enforceth
,
by
Fining
and
Imprisoning
them
that
disobeyed
him
:
And
so
in
all
the
other
particulars
when
his
Proclamations
were
broken
,
his
course
was
by
Fine
and
Imprisonment
to
enforce
an
Obedience
.
My
Lords
,
He
doth
not
only
press
them
in
their
Estates
,
but
strives
to
infuse
into
His
Majesty
an
ill
Opinion
of
them
;
he
provokes
and
incites
Him
by
all
his
Arguments
,
to
lay
down
his
Mercy
and
Goodness
,
and
Justice
,
and
to
fall
into
an
offensive
War
against
that
Kingdom
.
He
gives
out
,
that
the
Nation
of
them
(
not
this
or
that
man
)
are
Rebels
and
Traytors
:
And
if
it
please
the
King
to
bring
him
back
to
the
Sword
(
indeed
he
is
fit
for
that
,
it
is
a
violent
weapon
)
he
will
root
out
the
Scottish
Nation
,
Branch
and
Root
;
some
few
excepted
of
those
that
had
taken
the
Oath
.
When
he
comes
into
England
,
he
find
that
His
Majesty
,
with
great
Wisdom
,
had
pacified
those
Storms
and
Troubles
that
threatned
us
there
:
Yet
he
doth
incense
the
King
still
to
follow
this
to
an
Offensive
War
,
and
prevails
;
He
plots
to
call
a
Parliament
,
but
with
an
intention
(
if
it
furnished
not
his
design
)
it
should
be
broken
,
and
he
would
set
up
other
ways
of
force
to
raise
Moneys
of
the
Kingdom
;
and
this
fell
out
unhappily
:
For
thus
far
his
project
took
,
the
Parliament
was
broken
;
and
broken
at
the
very
time
when
the
subject
was
in
debate
and
consideration
,
how
to
have
yielded
Supply
to
His
Majesty
.
But
that
he
might
break
it
,
he
falsly
informs
the
King
,
That
the
Parliament
had
denied
to
Supply
him
;
there
is
his
Counsel
,
that
the
Parliament
had
forsaken
the
King
;
and
now
the
King
having
tryed
his
People
,
might
use
all
other
ways
for
the
procuring
and
raising
of
moneys
;
and
the
same
day
wherein
that
Parliament
was
unhappily
Dissolved
,
he
gives
his
further
Counsel
to
His
Majesty
,
(
which
because
no
man
can
put
such
a
Spirit
of
Malice
into
the
words
besides
himself
,
I
shall
take
the
boldness
to
read
)
That
having
tryed
the
Affections
of
his
People
,
he
was
loose
and
absolved
from
all
Rules
of
Government
;
and
he
was
to
do
every
thing
that
Power
would
admit
.
And
that
His
Majesty
had
tryed
all
ways
,
and
was
refused
,
and
should
be
acquitted
both
of
God
and
man
.
And
that
His
Majesty
had
an
Army
in
Ireland
,
which
he
might
employ
to
reduce
this
Kingdom
.
It
is
added
in
the
printed
Book
(
to
reduce
them
to
Obedience
)
I
know
not
who
Printed
it
,
but
the
Charge
is
only
(
to
reduce
this
Kingdom
.
)
And
(
My
Lords
)
you
may
please
to
consider
,
what
a
sad
time
this
man
took
to
reflect
upon
these
bad
Councels
,
when
our
Hearts
were
swoln
with
Sorrow
for
that
unhappy
breach
of
the
last
Parliament
.
And
what
doth
he
advise
the
King
?
what
positions
offers
he
?
That
he
was
absolved
from
all
Rules
of
Government
.
If
there
be
no
Rule
of
Government
,
(
My
Lords
)
where
is
the
Rule
of
Obedience
?
for
how
shall
the
People
know
to
obey
,
when
there
is
no
Rule
to
direct
them
what
to
obey
?
He
tells
the
King
he
was
refused
,
which
was
untrue
;
for
he
was
not
refused
to
the
last
breath
we
had
in
Parliament
:
but
we
spake
in
that
point
,
how
to
supply
the
King
,
and
to
prefer
it
at
that
time
,
before
the
Complaints
of
our
just
Grievances
.
But
what
doth
he
fall
into
?
that
which
in
another
Article
we
charge
him
with
,
a
Plot
and
Conspiracy
betwixt
him
and
Sir
George
Ratcliffe
to
bring
in
the
Irish
Army
for
our
Confusion
,
to
root
out
our
Laws
and
Government
;
a
pernicious
Counsel
.
He
says
not
you
shall
do
it
;
but
he
that
perswades
it
,
doth
as
much
as
if
in
express
terms
he
had
councelled
the
acting
of
it
.
Doth
he
mean
that
we
should
be
to
his
Irish
Pattern
;
(
for
speaking
of
the
Irish
Army
,
consisting
of
Papists
and
his
Adherents
,
he
said
,
that
he
would
make
it
a
Pattern
for
all
the
Kingdoms
;
)
did
he
mean
to
reduce
us
to
the
Pattern
that
he
had
placed
in
Ireland
?
Surely
he
meant
to
reduce
us
to
a
Chaos
and
Confusion
.
He
would
have
us
without
all
Rules
of
Government
;
and
these
be
the
means
,
wicked
and
cruel
Councels
,
and
the
Cruelty
of
an
Army
inspired
with
his
Spirit
,
and
consisting
of
Papists
,
Enemies
of
our
Religion
:
And
what
Mercy
could
we
of
this
Religion
expect
from
Popish
Enemies
with
Swords
in
their
hands
?
That
cannot
but
strike
all
English
Hearts
with
Horrour
and
Dread
,
that
an
Irish
Army
should
be
brought
into
England
to
reduce
the
Subjects
of
England
.
I
hope
we
never
were
so
far
gone
in
any
thing
,
as
that
we
should
need
an
Army
to
reduce
us
.
I
cannot
but
say
here
is
the
Counsel
of
Haman
,
when
he
would
in
one
day
cut
off
all
the
Iewish
Nation
,
and
have
the
King
intend
a
Favour
to
him
.
The
King
propounds
a
question
,
What
shall
be
done
to
the
man
whom
the
King
will
Honour
?
Haman
thought
in
his
heart
,
Whom
will
the
King
Honour
but
my self
?
And
so
my
Lord
of
Strafford
having
raised
this
Army
,
it
was
set
up
by
him
;
and
if
such
a
Counsel
as
this
was
entertained
,
into
whose
hands
should
it
be
put
?
(
here
were
Hamans
thoughts
)
who
should
have
the
Power
of
it
,
but
he
that
hath
inspired
it
,
and
since
maintained
it
.
Truly
(
My
Lords
)
it
was
a
desperate
Counsel
;
and
methinks
the
Counsel
of
Achitophel
might
have
been
compared
to
it
:
for
when
he
had
stirred
up
the
Rebellion
of
Absalom
against
his
Father
,
he
perswades
Absalom
to
that
which
might
breed
an
irreconcilable
hatred
between
them
.
Yet
a
Father
and
a
Son
might
be
reconciled
.
But
he
that
adheres
to
the
Son
in
this
case
,
might
not
so
easily
forgive
.
Therefore
this
Lord
falls
upon
a
Counsel
which
he
thought
would
never
be
forgiven
.
A
Counsel
of
irreconcilable
difference
,
to
subdue
us
by
Force
and
Power
;
and
takes
away
all
possibility
of
Addressing
our
Complaints
to
the
King
,
as
he
had
done
from
those
of
Ireland
;
when
he
not
only
forestalls
their
Complaints
,
but
by
a
Proclamation
takes
order
,
that
none
should
come
over
too
,
without
his
Licence
;
which
was
in
effect
,
that
none
should
complain
of
his
Oppression
without
his
good
liking
.
Some
violent
Speeches
he
uses
,
suitable
to
these
Counsels
,
That
no
good
would
be
done
upon
the
Aldermen
,
till
they
were
hanged
;
That
the
French
King
employed
Commissaries
to
look
into
mens
Estates
;
which
will
be
insisted
upon
in
their
proper
place
.
Next
,
he
levied
eight
pence
a
day
for
maintenance
of
the
Trained
Soldiers
,
against
the
Will
of
the
Country
,
which
he
said
was
done
by
the
consent
of
the
Lords
of
the
great
Councel
;
which
we
know
is
untrue
.
And
we
shall
prove
it
untrue
in
the
other
part
,
where
he
says
,
it
was
done
freely
,
by
consent
of
the
Gentlemen
of
the
Country
:
Most
of
them
that
did
consent
,
were
his
own
Friends
,
and
Papists
.
But
the
Petition
of
the
Country
,
(
as
to
that
part
of
it
that
concerns
a
Parliament
)
he
rejected
,
because
he
would
have
no
Parliament
.
And
he
prefers
another
in
the
name
of
the
Country
,
and
that
he
calls
,
The
Petition
of
the
Country
.
And
now
I
shall
apply
my self
to
the
proofs
;
and
shall
take
care
to
offer
nothing
,
but
what
will
fall
out
to
be
proved
.
And
shall
first
apply
my self
to
the
first
Article
,
concerning
the
Commission
for
the
North
parts
;
where
an
Arbitrary
Power
was
thereby
granted
,
as
is
used
in
the
Star-Chamber
and
Chancery
.
In
the
opening
of
it
,
first
we
shall
produce
the
Commission
of
8
Car.
and
that
of
13
differs
but
little
from
it
.
We
shall
shew
that
these
Clauses
were
procured
by
him
to
be
inserted
upon
occasion
of
a
Gentlemans
,
Sir
Thomas
Gore
being
Fined
in
the
Court
of
Star-Chamber
there
,
and
his
being
Arrested
by
a
Warrant
from
my
Lord
Wentworth
here
in
London
.
We
do
not
go
about
to
prove
that
he
solicited
for
this
Commission
,
but
that
he
expressed
his
desire
of
it
;
and
upon
that
it
was
granted
.
We
shall
prove
that
it
was
executed
in
this
high
manner
,
that
when
Prohibitions
have
been
taken
out
,
he
hath
punished
the
parties
,
some
he
hath
threatned
;
Nay
,
Money
hath
been
given
to
those
that
were
Defendants
in
the
Prohibition
.
And
we
shall
offer
this
too
,
The
Judge
is
dead
before
whom
it
was
;
but
upon
occasion
of
a
Prohibition
,
he
went
to
a
Judge
,
a
Reverend
and
Just
man
,
Mr.
Justice
Hutton
;
what
was
said
privately
between
them
,
we
cannot
tell
;
but
we
shall
prove
,
that
Mr.
Justice
Hutton
complained
with
Tears
in
his
Eyes
,
how
that
Lord
used
him
about
a
Prohibition
:
And
so
we
shall
leave
this
Article
with
this
.
We
shall
not
go
about
to
prove
Decrees
,
for
which
he
might
have
Colour
;
but
for
these
Clauses
he
could
have
no
Colour
,
they
never
being
in
any
Commission
before
.
THE
First
Article
.
The
Charge
.
THat
the
said
Earl
of
Strafford
the
21st
day
of
March
,
in
the
Eighth
year
of
His
Majesties
Raign
,
was
President
of
the
Kings
Council
That
the
said
Earl
being
President
of
the
said
Council
,
on
the
21st
of
March
,
a
Commission
under
the
Great
Seal
of
England
,
with
certain
Schedules
of
Instructions
thereunto
annexed
,
was
directed
to
the
said
Earl
,
or
others
the
Commissioners
therein
named
;
whereby
,
among
other
things
,
Power
and
Authority
is
limited
to
the
said
Earl
,
and
others
the
Commissioners
therein
named
,
to
hear
and
determine
all
Offences
and
Misdemeanours
,
Suits
,
Debates
,
Controversies
and
Demands
,
Causes
,
Things
and
Matters
whatsoever
,
therein
contained
,
and
within
certain
Precincts
in
the
said
Northern
parts
therein
specified
,
and
in
such
manner
as
by
the
said
Schedule
is
limited
and
appointed
.
That
amongst
other
things
in
the
said
Instructions
,
it
is
directed
,
That
the
said
President
,
and
others
therein
appointed
,
shall
hear
and
determine
,
according
to
the
Course
of
Procéedings
in
the
Court
of
Star-Chamber
,
divers
Offences
,
Deceits
and
Fal●ties
therein
mentioned
,
whether
the
same
be
provided
for
by
Acts
of
Parliament
,
or
not
,
so
that
the
Fines
imposed
,
be
not
less
than
by
the
Act
or
Acts
of
Parliament
provided
against
those
Offences
,
is
appointed
.
That
also
,
amongst
other
things
in
the
said
Instructions
,
it
is
directed
,
That
the
said
President
,
and
others
therein
appointed
,
have
Power
to
Examine
,
Hear
and
Determine
,
according
to
the
course
of
Procéedings
in
the
Court
of
Chancery
,
all
manner
of
Complaints
for
any
matter
within
the
said
Precincts
,
as
well
concerning
Lands
,
Tenements
and
Hereditaments
,
either
Frée-hold
Customary
,
or
Copy-hold
,
as
Leases
,
and
other
things
therein
mentioned
;
and
to
stay
Procéedings
in
the
Court
of
Common
Law
,
by
Injunction
,
or
otherwise
,
by
all
ways
and
means
,
as
is
used
in
the
Court
of
Chancery
.
And
although
the
former
Presidents
of
the
said
Council
had
never
put
in
Practice
such
Instructions
,
nor
had
they
any
such
Instructions
,
yet
the
said
Earl
in
the
Month
of
May
,
in
the
said
Eighth
year
,
and
divers
years
following
,
did
put
in
Practice
,
Exercise
and
Use
,
and
caused
to
be
used
and
put
in
practice
,
the
said
Commission
and
Instructions
;
and
did
direct
and
exercise
an
exorbitant
and
unlawful
Power
and
Iurisdiction
over
the
Persons
and
Estates
of
His
Majesties
Subjects
in
these
parts
,
and
did
Dis-inherit
divers
of
His
Majesties
Subjects
in
those
parts
of
their
Inheritances
,
Sequestred
their
Possessions
,
and
did
Fine
,
Ransom
,
Punish
,
and
Imprison
them
,
and
caused
them
to
be
Fined
,
Ransomed
,
Punished
and
Imprisoned
,
to
their
Ruine
and
Destruction
;
and
namely
,
Sir
Coniers
Darcy
,
Sir
John
Bourcher
,
and
divers
others
,
against
the
Laws
,
and
in
Subversion
of
the
same
.
And
the
said
Commission
and
Instructions
,
were
procured
and
issued
by
Advice
of
the
said
Earl
.
And
he
the
said
Earl
,
to
the
intent
that
such
illegal
and
unjust
Power
might
be
exercised
with
the
greater
Licence
and
Will
,
did
Advise
,
Counsel
,
and
Procure
further
directions
,
in
and
by
the
said
Instructions
to
be
given
,
that
no
Prohibition
be
granted
at
all
,
but
in
cases
where
the
said
Council
shall
excéed
the
limits
of
the
said
Instructions
.
And
that
if
any
Writ
of
Habeas
Corpus
be
granted
,
the
party
be
not
discharged
till
the
party
perform
the
Decrée
and
Order
of
the
said
Council
.
And
the
said
Earl
in
the
13th
year
of
His
Majesties
Reign
,
did
procure
a
new
Commission
to
himself
,
and
others
therein
appointed
,
with
the
said
Instructions
,
and
other
unlawful
Additions
.
That
the
said
Commission
and
Instructions
,
were
procured
by
the
Solicitation
and
Advice
of
the
said
Earl
of
Strafford
.
Proofs
touching
the
Commission
for
Government
in
the
North
,
enlarged
.
To
the
point
of
Star-Chamber
Power
.
THe
Commission
granted
21
Mar.
8
Car.
was
read
,
19
Article
,
whereby
my
Lord
as
President
,
or
in
his
absence
the
Vice-President
,
assisted
,
(
prout
in
the
Commission
)
are
authorized
to
hear
,
end
and
determine
,
according
to
the
Course
of
proceedings
in
the
Star-Chamber
,
all
and
all
manner
of
Forgeries
,
Extortions
,
&c.
And
to
Fine
,
&c.
So
as
the
Fines
imposed
be
not
less
than
by
the
Acts
of
Parliament
is
provided
,
&c.
Whence
observe
,
That
he
would
have
power
in
Fining
to
go
beyond
,
but
not
less
than
the
Fines
in
the
Act
of
Parliament
.
To
the
point
of
Chancery
Iurisdiction
.
Article
23.
was
read
,
whereby
Power
is
given
by
Injunction
,
to
stay
Proceedings
in
any
Court
of
Common
Law
.
Article
28.
was
read
,
whereby
Power
is
given
to
send
the
Sergeant
at
Armes
,
and
Attach
in
any
part
of
the
Realm
of
England
;
and
to
bring
before
the
Lord
President
,
&c.
any
person
departing
the
Jurisdiction
of
that
Court
,
after
Commission
of
Rebellion
sued
forth
.
Article
29.
whereby
is
granted
,
That
no
Prohibition
be
granted
in
the
Court
of
Westminster
,
to
stay
Proceedings
in
that
Court
.
But
in
cases
where
the
Court
of
the
President
shall
exceed
the
Kings
Instructions
;
and
if
any
Habeas
Corpus
shall
be
sued
forth
for
not
performing
the
Order
of
that
Court
,
the
party
Committed
,
not
to
be
discharged
,
so
long
as
such
Orders
shall
stand
in
force
;
and
if
any
Fine
be
thereupon
estreated
,
The
Treasurer
and
Barons
of
the
Exchequer
to
discharge
it
.
Whence
observe
,
That
the
not
granting
of
Prohibitions
,
or
Habeas
To
the
sending
of
Proces
actually
before
these
Clauses
granted
;
and
to
the
Earl
of
Straffords
procuring
the
Clause
to
be
supplyed
,
when
he
found
the
Defect
.
Iohn
Gore
Sworn
;
and
being
interrogated
how
his
Father
was
Arrested
,
and
how
long
before
this
Commission
?
Answered
,
That
Sir
Thomas
Gore
his
Father
,
was
Arrested
in
London
,
That
his
Father
was
Arrested
in
November
,
1632.
as
he
takes
it
,
and
was
kept
18
Weeks
before
he
was
discharged
.
Evers
Gower
Sworn
,
and
Interrogated
about
the
time
of
his
Fathers
Arrest
:
Answered
,
That
it
was
in
November
,
1632.
and
his
Father
kept
in
Prison
14
or
18
Weeks
;
but
referred
to
his
Brothers
Deposition
for
a
To
the
matter
of
Prohibitions
;
Iohn
Musgrave
Sworn
;
was
examined
,
Whether
he
knew
of
any
Prohibition
sued
forth
in
Vaux
his
Cause
:
And
whether
a
Warrant
were
granted
to
Attach
:
What
Threats
my
Lord
of
Strafford
used
to
the
party
that
sued
it
out
,
being
after
Octavo
Caroli
.
After
some
Exceptions
taken
to
it
by
the
Earl
of
Strafford
,
as
not
being
within
the
Charge
,
The
Witness
Answered
,
That
he
knew
of
an
English
Suit
between
Musgrave
and
Vaux
:
That
George
Ratcliffe
,
then
the
Kings
Attorney
at
Yorke
,
by
relation
of
Francis
Musgrave
:
To
which
they
did
Answer
.
And
after
,
upon
full
hearing
,
That
before
the
Censure
,
he
the
Deponent
,
in
Michaelmas
Term
,
before
1632.
did
come
to
London
on
behalf
of
Francis
Musgrave
,
to
move
the
Court
of
Common-Pleas
,
to
have
the
Prohibition
dissolved
:
And
likewise
Vaux
did
procure
a
Rule
for
a
Prohibition
in
the
Information
Cause
;
which
the
Witness
offered
to
shew
under
the
Court
Hand
,
That
it
was
moved
by
Sir
Robert
Heath
,
that
the
difference
might
be
referred
to
Mr.
Justice
Hutton
,
and
Sir
Robert
Heath
.
That
he
the
Deponent
undertook
for
Musgrave
,
and
Vaux
did
submit
:
That
afterwards
,
by
Sir
George
Ratcliffes
direction
,
thinking
it
not
fit
to
refer
the
Cause
,
it
concerning
the
Jurisdiction
of
the
Court
of
York
.
My
Lord
President
being
acquainted
with
it
,
the
Reference
went
not
on
that
Term
,
but
stayed
till
the
Presidents
pleasure
was
known
;
with
which
Mr.
Justice
Hutton
was
made
acquainted
.
That
in
December
,
upon
his
this
Deponents
return
to
York
;
and
upon
hearing
the
Information
Cause
,
December
1632.
Sir
George
Ratcliffe
did
offer
to
the
Court
,
(
the
Lord
President
being
there
)
whether
he
might
go
on
in
the
Information
Cause
;
(
for
that
there
was
a
Reference
between
Musgrave
and
Vaux
,
to
Justice
Hutton
and
Sir
Robert
Heath
)
or
whether
the
Reference
might
go
on
or
no
?
That
the
Lord
President
thereupon
answered
,
That
a
Rule
for
a
Prohibition
,
was
no
Prohibition
;
but
if
there
were
one
,
he
would
not
obey
it
:
And
whosoever
brought
a
Prohibition
there
,
he
would
lay
him
by
the
heels
.
And
as
he
the
Deponent
remembred
,
he
directed
his
Speech
to
the
Register
of
the
Court
;
and
told
him
,
there
was
a
Letter
from
the
King
to
that
purpose
:
but
that
,
he
said
,
he
could
not
very
well
remember
.
And
as
touching
the
Reference
,
my
Lord
said
,
It
was
a
Cause
that
concerned
the
Jurisdiction
of
the
Court
of
York
;
and
no
private
man
should
end
it
:
He
would
try
the
Jurisdiction
of
the
Court
upon
it
;
and
the
next
Term
would
go
to
London
,
and
acquaint
the
Judges
with
it
;
and
if
they
remanded
the
Cause
back
again
,
so
;
if
not
,
he
would
Appeal
to
the
King
in
it
.
That
after
Christmas
,
in
Candlemas
Term
,
1632.
He
the
Deponent
went
to
London
with
my
Lord
,
and
moved
again
for
dissolving
the
Prohibition
,
and
for
Liberty
to
proceed
.
That
again
it
was
agreed
between
the
Judges
of
that
Court
,
and
my
Lord
,
to
have
a
Treaty
:
And
several
Treaties
they
had
,
but
could
not
agree
.
The
effect
of
the
Treaty
was
,
That
if
a
Trial
could
be
directed
at
Law
upon
a
fained
Action
,
I
should
go
to
Law
,
reserving
the
Equity
to
the
Court
;
if
not
,
that
the
Judges
would
remand
the
Cause
back
again
.
But
after
they
had
several
days
met
,
and
no
Trial
could
be
directed
,
nor
any
Action
devised
at
Law
to
try
it
,
my
Lord
thereupon
said
,
He
would
give
no
further
meeting
,
but
would
Appeal
to
the
King
;
and
the
party
should
Petition
:
On
which
,
a
Petition
was
drawn
,
which
the
Deponent
offered
.
And
the
Judge
speaking
something
of
Vaux
,
my
Lord
said
,
he
should
not
be
in
England
,
but
he
would
have
his
Body
;
or
words
to
that
purpose
.
F.
Thorpe
Sworn
;
being
interrogated
touching
some
words
he
heard
Mr.
Justice
Hutton
speak
touching
these
Prohibitions
,
and
some
other
things
in
that
point
,
He
Answered
,
He
would
give
the
best
account
he
could
of
what
passed
;
being
divers
years
since
:
That
he
was
with
Justice
Hutton
in
his
Study
,
F.
Thorpe
being
asked
what
he
knew
of
my
Lord
of
Straffords
distast
against
them
that
sued
out
,
or
solicited
,
or
councelled
Prohibitions
,
or
Habeas
Corpus's
?
He
first
desired
to
be
excused
from
saying
any
thing
that
concerned
himself
;
but
being
commanded
to
speak
,
He
Answered
,
That
he
would
speak
nothing
but
the
Truth
,
if
he
must
do
it
,
though
he
perish
for
it
:
And
he
professed
,
that
he
had
not
spoken
in
any
place
,
to
any
person
,
what
he
was
now
to
say
.
That
in
the
beginning
of
my
Lord
of
Strafford's
time
,
it
fell
to
him
,
in
his
ordinary
course
of
Practice
,
to
move
for
a
Prohibition
;
and
on
his
motion
some
were
obtained
.
That
he
was
informed
by
divers
men
,
that
my
Lord
of
Strafford
was
much
offended
with
him
;
and
some
spoke
it
to
him
by
way
of
Threat
,
some
others
by
way
of
Advice
and
Friendship
.
That
he
should
give
over
moving
for
Prohibitions
,
which
he
did
not
understand
to
be
a
fault
,
since
the
Justice
of
the
Kingdom
was
,
that
they
should
be
granted
;
and
it
continued
a
matter
of
a
year
after
.
That
then
he
took
an
occasion
to
go
to
my
Lords
House
to
Gantropp
;
and
his
Errand
was
,
partly
to
present
his
humble
Duty
and
Service
to
his
Lordship
;
and
in
the
second
place
,
if
he
could
have
opportunity
,
and
if
his
Lordship
would
please
to
speak
with
him
,
to
give
his
Lordship
satisfaction
in
any
thing
he
had
done
in
that
particular
;
because
it
was
conceived
,
he
opposed
the
Jurisdiction
of
that
Court.
That
after
he
had
the
Favour
to
speak
with
his
Lordship
,
(
which
was
long
first
)
He
was
pleased
to
say
no
otherwise
than
thus
,
I
have
nothing
to
say
to
you
,
you
are
one
that
oppose
me
:
But
at
the
present
I
have
eased
you
of
the
Office
of
Justice
of
the
Peace
;
so
you
need
not
trouble
your self
with
that
.
That
he
did
humbly
thank
his
Honour
for
it
;
for
howsoever
he
meant
it
,
he
took
it
to
be
no
dis-favour
,
but
a
Courtesie
,
he
having
been
in
three
or
four
years
,
but
not
executing
any
Authority
,
it
standing
not
with
his
occasions
.
And
his
Lordship
added
,
Hereafter
you
and
I
shall
speak
further
of
the
businesse
;
That
afterwards
his
Lordship
met
him
in
London
,
in
the
Inner
Star-Chamber
,
he
then
attending
on
a
motion
day
before
the
Lord
Keeper
,
amongst
others
of
his
Rank
.
That
my
Lord
President
was
pleased
to
come
behind
his
back
,
and
lay
his
hand
on
his
shoulder
,
and
said
,
I
Command
you
not
to
depart
the
Town
.
That
the
words
were
something
strange
to
him
;
and
not
understanding
well
what
his
Lordship
meant
by
it
,
he
instantly
went
to
his
Lordship
,
and
desired
that
he
might
know
his
mind
,
he
not
very
well
hearing
him
.
That
his
Lordship
repeated
the
words
again
,
I
Command
you
not
to
depart
the
Town
.
That
for
a
matter
of
a
Week
,
or
such
a
thing
,
he
did
attend
under
this
Command
:
And
then
applyed
himself
to
his
Lordship
,
by
all
Means
and
Friends
that
he
could
.
He
Petitioned
three
or
four
times
;
he
is
uncertain
which
:
He
made
means
,
by
Persons
of
Quality
,
to
his
Lordship
,
That
his
Lordship
would
tell
him
the
place
where
he
was
to
attend
,
or
the
Cause
for
what
,
or
the
Person
before
whom
;
but
his
Lordship
was
not
pleased
to
give
him
any
satisfaction
:
only
thus
much
he
received
,
That
he
was
one
that
did
oppose
his
Lordship
,
and
he
should
attend
.
Seeing
there
was
no
Remedy
,
he
made
his
Address
to
a
Noble
Friend
present
,
and
acquainted
him
with
the
business
;
who
was
pleased
to
take
the
matter
so
to
heart
,
as
to
move
it
to
his
Lordship
.
That
then
he
conceived
the
fault
he
had
committed
,
The
not
paying
the
Knighthood
money
in
York-shire
.
And
his
the
Deponents
Answer
was
,
he
had
offered
it
,
but
was
not
chargeable
by
Law
;
for
he
had
not
40
l.
a
year
three
years
before
the
Coronation
,
as
the
Writ
did
enjoyn
.
He
speaks
now
of
that
which
is
not
in
the
Charge
;
which
ought
not
We
desire
he
may
proceed
,
leaving
it
to
Your
Lordships
to
sever
that
which
is
material
,
from
that
which
is
not
material
.
F.
Thorpe
proceeded
,
and
said
,
He
could
not
say
he
punished
him
for
the
Prohibition
;
but
he
conceived
,
all
did
follow
because
he
moved
sometimes
for
Prohibitions
:
And
that
he
had
opposed
his
Authority
and
Power
in
York-shire
.
I
Appeal
to
Your
Lordships
Judgments
,
whether
it
be
not
out
of
the
The
Charge
against
my
Lord
of
Strafford
,
is
not
only
the
Executing
of
The
Lord
Steward
,
speaking
to
the
Witness
,
said
,
Apply
your self
as
F.
Thorpe
proceeded
,
and
said
,
That
he
conceived
the
Question
was
asked
him
generally
,
What
he
could
say
concerning
Prohibitions
,
or
them
that
had
to
do
with
them
.
That
no
man
living
hath
less
desire
to
speak
of
my
Lord
of
Strafford
,
than
he
had
;
and
if
he
had
not
been
asked
this
Question
on
his
Oath
,
and
before
that
Presence
,
and
on
this
Command
,
he
should
not
have
said
it
:
For
what
he
said
now
,
he
never
had
spoke
before
;
and
with
what
Sorrow
he
came
now
to
speak
it
,
he
knew
;
and
said
,
that
he
spake
not
this
to
any
other
purpose
,
but
only
,
That
these
things
which
were
done
,
were
done
on
the
occasion
of
the
Prohibitions
.
For
the
matter
of
Knighting-money
,
though
it
were
made
the
cause
of
staying
him
in
London
,
yet
,
under
favour
,
(
he
said
)
That
was
not
,
nor
could
be
the
Cause
;
For
he
had
offered
it
below
in
the
Country
,
only
thus
,
That
he
was
not
Chargeable
by
Law
,
but
very
willing
to
pay
it
,
if
my
Lord
would
have
him
pay
it
;
so
he
might
comply
with
his
Lordship
,
or
serve
any
occasion
wherein
his
Lordship
was
employed
.
And
therefore
that
of
Knighting
was
the
occasion
taken
,
yet
he
conceived
that
was
not
the
true
occasion
.
And
lastly
,
that
after
he
had
been
kept
12
or
14
days
under
this
Command
,
his
Lordship
was
pleased
(
on
that
which
passed
between
that
noble
Lord
(
my
Friend
)
and
his
Lordship
)
to
give
him
leave
to
go
home
,
and
then
he
paid
the
money
.
We
desire
the
Witness
may
not
conceal
any
thing
,
but
speak
it
;
and
being
demanded
accordingly
.
F.
Thorpe
answered
,
There
was
another
particular
happened
on
him
;
F.
Thorpe
a
Witness
.
and
though
another
occasion
was
taken
,
part
came
from
the
said
Root
,
but
he
desired
to
be
pardoned
in
not
speaking
of
it
.
Being
required
to
speak
,
and
to
set
forth
what
time
this
was
,
and
what
that
Noble
mans
name
was
,
who
,
upon
my
Lord
of
Straffords
motion
,
procured
him
liberty
.
F.
Thorpe
answered
,
That
he
conceived
the
time
to
be
about
the
Knighting-money
business
,
and
the
Lords
name
was
,
My
Lord
Goring
.
Your
Lordships
may
observe
this
was
long
before
the
Commission
in
Being
Interrogated
further
,
Whether
he
or
his
Clients
have
forborn
to
move
in
that
Cause
of
Prohibitions
out
of
fear
of
my
Lord
of
Strafford
.
He
answered
,
For
his
own
particular
he
hath
forborn
,
and
durst
not
Being
asked
if
he
knew
any
thing
of
the
Case
of
Leyton
,
about
a
Prohibition
.
He
answered
,
He
knew
nothing
of
it
.
I
humbly
desire
,
with
your
Lordships
leave
,
to
interpose
a
Question
.
We
desire
that
our
Witness
might
first
be
heard
out
,
and
we
shall
not
Let
the
Witness
proceed
.
To
your
Lordships
Order
,
and
in
all
things
,
I
shall
pay
Obedience
,
I
Their
Lordships
Rule
hath
been
kept
,
and
things
shall
be
carried
clearly
on
all
hands
.
We
desire
the
Witness
may
proceed
to
speak
concerning
his
own
Imprisonment
;
F.
Thorpe
proceeds
,
saying
,
That
he
could
give
no
other
ground
for
it
,
a
Witness
.
though
another
occasion
was
taken
,
yet
he
conceived
the
true
ground
,
because
he
was
too
busie
in
medling
with
Prohibitions
.
That
the
Pursevant
attending
the
Council
at
York
,
came
to
his
house
,
and
carried
him
before
the
Lord
President
and
Council
,
where
he
attended
a
day
,
and
then
had
liberty
to
speak
with
my
Lord
;
That
his
Lordship
was
pleased
to
tell
him
,
there
was
an
Accusation
against
him
,
but
they
that
laid
it
were
not
come
to
Town
,
therefore
he
must
attend
;
and
that
they
were
his
betters
,
and
therefore
he
had
reason
to
attend
:
He
desired
to
know
what
it
was
,
but
could
not
have
that
favour
;
but
some
eight
days
after
(
being
in
the
mean
time
in
the
Pursevants
Custody
)
he
was
brought
to
the
Council-Table
again
,
and
his
Lordship
sitting
at
the
upper
end
,
commanded
him
to
kneel
,
he
coming
as
a
Delinquent
;
which
he
did
accordingly
,
bringing
with
him
a
spirit
of
submission
,
knowing
very
well
his
ruine
depended
on
his
opposition
,
and
on
his
rising
,
his
Lordship
was
offended
,
he
stayed
no
longer
kneeling
.
Afterwards
a
Letter
was
read
from
some
Gentlemen
in
the
Country
,
wherein
they
had
written
,
That
I
had
spoken
at
the
Sessions
a
little
more
than
became
me
to
the
Court
,
in
defence
of
a
Client
,
on
a
Traverse
to
an
Indictment
.
And
what
they
had
written
(
I
confessed
)
was
very
true
;
for
it
was
thus
;
upon
the
Traverse
of
an
Indictment
,
the
question
being
,
Whether
the
bare
Indictment
were
Evidence
to
the
Petit
Jury
,
I
did
say
it
was
no
Evidence
,
and
I
desired
to
Appeal
to
the
Judges
.
My
Lord
President
was
pleased
to
say
,
He
would
teach
me
to
know
,
there
were
other
men
for
me
to
complain
to
,
viz.
The
President
and
the
Council
.
I
told
his
Lordship
,
I
was
ready
to
complain
to
any
where
I
might
have
Right
:
And
I
Appeal
to
the
Kings
learned
Council
,
Whether
it
was
not
Law
what
I
spoke
.
I
was
then
put
out
,
and
direction
sent
,
I
must
find
Sureties
,
and
make
publick
submission
at
the
Sessions
for
saying
these
words
:
I
did
find
Sureties
,
and
when
I
went
to
Sir
W.
Ellis
to
enter
the
Recognizance
,
He
told
me
,
I
am
sorry
,
but
I
cannot
help
you
,
for
my
Lord
of
Strafford
over-ruled
us
;
and
you
are
to
be
bound
to
the
good
Behaviour
,
and
make
submission
at
the
Sessions
:
And
he
said
further
,
That
what
he
was
enjoyned
,
he
did
perform
.
And
all
this
,
I
conceive
,
originally
grew
,
for
that
I
did
oppose
the
Jurisdiction
of
the
Court
at
York
,
and
not
for
the
Causes
pretended
.
And
this
binding
to
my
good
Behaviour
was
eight
or
ten
years
ago
.
And
being
further
asked
,
Whether
he
knew
of
any
other
that
had
been
oppressed
with
this
Exorbitant
Power
,
or
no
?
F.
Thorpe
answered
,
He
had
heard
of
many
,
but
he
was
not
present
at
their
Commitment
,
nor
saw
their
Orders
,
and
can
say
nothing
of
his
knowledge
;
only
he
knew
Sir
Thomas
Gore
was
under
Custody
.
George
Hawes
was
produced
next
,
and
interrogated
,
What
he
knew
of
a
Witness
.
Sir
Conyers
Darcies
Fining
.
I
confess
I
was
there
,
and
gave
consent
to
his
Fining
;
but
it
was
not
by
vertue
of
the
said
Commission
,
for
it
was
before
my
time
.
The
Manager
did
now
sum
up
the
Evidence
,
and
my
Lord
of
Strafford's
Answer
was
expected
.
I
desire
a
little
time
to
retire
:
And
after
some
debating
thereof
betwixt
My
Lords
,
there
is
a
great
deal
of
difference
betwixt
the
Case
of
a
man
And
first
,
As
for
the
Instructions
which
I
am
charged
withall
,
being
The
Commission
and
Instructions
to
the
President
and
Council
of
York
,
are
of
course
renewed
on
the
death
of
one
of
the
Council
of
the
Fee
in
Ordinary
,
and
the
putting
in
of
a
Counsellor
at
large
,
is
only
by
Letter
.
Sir
Arthur
Ingram
,
who
was
Secretary
,
going
out
,
and
Sir
Iohn
Melton
succeeding
,
these
Instructions
of
21
March
8
Car.
were
renew'd
.
That
in
the
Case
of
such
Renewing
,
the
Kings
Councell
of
the
Fee
,
do
,
by
the
Secretary
,
offer
the
Kings
learned
Council
such
things
as
they
conceive
conducing
to
the
clearing
and
bettering
of
the
Kings
Service
in
those
parts
:
And
it
finally
comes
to
the
Lord
Keeper
or
Lord
Chancellor
,
and
they
agree
it
.
I
protest
that
I
gave
no
direction
in
these
,
nor
do
I
conceive
any
thing
offered
,
proves
me
to
be
the
man
that
procured
them
.
As
to
the
Execution
of
it
,
from
the
date
of
that
Commission
to
this
hour
,
I
did
never
one
Act
,
nor
stayed
a
minute
as
President
of
the
Council
of
York
.
The
Commission
being
granted
21
March
Oct.
Car.
and
I
went
towards
Ireland
in
Iuly
following
,
which
I
can
prove
by
my
Servants
,
if
they
might
be
sworn
.
And
before
I
be
convinced
of
a
Misdemeanor
,
I
conceive
they
must
be
sworn
:
But
that
now
I
answer
only
to
Treason
.
If
I
were
neither
privy
to
the
taking
out
of
the
Commission
,
nor
any
way
employed
in
the
executing
of
it
,
I
Appeal
unto
your
Lordships
,
and
the
Gentlemen
of
the
House
of
Commons
,
Whether
I
can
be
charged
as
Criminal
,
as
to
this
Commssion
,
or
any
thing
that
proceeds
from
it
.
As
for
the
Sentence
against
Sir
Conyers
Darcy
,
it
was
Just
,
and
he
complained
not
of
it
:
Of
which
I
have
a
Copy
,
and
desire
it
may
be
read
.
That
from
the
first
Institution
of
the
Court
of
President
and
Council
at
York
,
That
Court
had
both
a
Star-Chamber
and
Chancery
Power
;
as
will
appear
by
all
the
Instructions
before
that
time
.
That
if
there
be
an
Errour
in
a
Judge
,
so
that
he
give
a
Sentence
otherwise
than
a
man
of
better
understanding
conceives
reason
for
,
there
is
no
cause
it
should
be
heightned
to
a
Treason
,
to
take
from
him
his
Life
and
Honour
,
and
all
he
hath
,
meerly
because
he
was
not
so
wise
a
man
as
he
might
have
been
,
nor
so
understanding
as
another
:
And
if
this
be
prest
on
Judges
,
I
think
few
Judges
will
serve
.
And
for
my
part
,
I
had
rather
go
to
my
Cottage
,
as
the
Witness
saith
,
then
serve
on
these
Terms
.
The
Charge
lays
it
to
be
done
in
May
,
8
Car.
and
divers
years
following
,
and
the
Instructions
came
not
in
time
till
the
21st
Mar.
8
Car.
which
I
conceive
to
be
a
mistaking
of
the
year
.
That
as
to
the
Sentence
of
Sir
Iohn
Bourcher
,
which
is
charged
upon
me
,
but
not
insisted
upon
by
the
Gentleman
,
I
was
no
way
acquainted
with
the
beginning
,
proceeding
,
or
ending
of
the
Cause
,
being
all
that
while
in
Ireland
;
so
Your
Lordships
may
observe
with
what
uncertainty
men
may
speak
,
that
do
inform
in
such
Cases
.
That
of
the
Commission
,
the
13th
of
the
King
,
with
which
I
am
likewise
charged
,
as
the
Procurer
of
it
,
I
had
no
more
knowledge
,
than
of
that
which
was
most
forreign
;
being
at
that
time
in
Ireland
,
and
the
Commission
renewed
of
one
of
the
Council
in
Fee
.
I
shall
now
descend
to
Proofs
.
That
the
Commission
8
Car.
was
renewed
upon
Sir
Iohn
Meltons
coming
to
be
Secretary
,
instead
of
Sir
Arthur
Ingram
,
The
Committee
admitted
it
.
To
the
Testimonies
given
by
the
Witnesses
,
I
observe
,
That
Iohn
Gore
,
the
first
Witness
,
speaks
nothing
to
the
renewing
of
the
Commission
,
but
to
his
Fathers
Commitment
;
and
that
was
in
November
,
but
what
year
,
Non
liquet
.
But
this
is
not
within
my
Charge
,
therefore
I
shall
not
Answer
to
that
;
Though
if
it
were
in
Charge
,
I
doubt
not
,
but
in
that
,
and
every
thing
else
,
I
shall
give
an
account
of
an
honest
and
just
man
,
not
to
say
of
a
discreet
,
and
a
wise
man
.
That
for
the
Testimony
of
Iohn
Musgrave
,
it
contains
nothing
within
my
Charge
:
and
I
can
say
nothing
to
it
,
but
by
way
of
Divination
.
And
he
is
but
a
single
Witness
;
And
therefore
I
conceive
,
shall
hardly
be
able
to
convince
any
man
of
High
Treason
,
hardly
of
a
Trespass
.
That
what
Iohn
Musgrave
speaks
of
,
is
grounded
on
a
question
of
the
Jurisdiction
of
Courts
;
and
one
rule
of
our
Law
is
,
Boni
judicis
est
amplicare
Iurisdictionem
.
And
why
the
enlarging
of
a
Jurisdiction
should
be
heightned
to
a
Treason
,
I
Appeal
to
Your
Lordships
Nobleness
,
Justice
,
and
Honour
,
to
consider
;
for
I
think
there
are
none
in
place
of
Judicature
,
but
they
will
desire
to
enlarge
their
Jurisdiction
,
as
far
as
in
Reason
and
Justice
they
may
:
And
it
is
a
chast
Ambition
(
if
rightly
placed
)
to
have
as
much
Power
as
may
be
,
That
there
may
be
Power
to
do
the
more
good
in
the
place
where
a
man
lives
.
For
F.
Thorpe's
Testimony
,
I
observe
,
That
I
have
nothing
to
say
to
him
of
Exception
;
but
that
he
speaks
nothing
to
the
purpose
,
nor
to
any
thing
in
the
Charge
,
I
being
Charged
with
the
Execution
of
the
Commission
8
and
13
of
the
King
;
and
all
he
speaks
of
,
is
precedent
in
time
:
And
what
he
says
,
is
by
hear-say
from
Mr.
Justice
Hutton
,
and
Sir
William
Ellis
.
I
do
not
remember
my
Lord
Gorings
speaking
to
me
about
Mr.
Thorpe
,
it
being
12
,
13
,
or
14
years
ago
.
I
have
put
in
my
Answer
,
and
if
that
be
not
Impeached
by
Testimony
of
Witnesses
(
as
it
is
not
)
I
conceive
it
ought
to
be
allowed
.
I
desire
to
produce
Witnesses
,
wherein
I
have
Liberty
;
but
not
to
examine
on
Oath
.
And
first
,
To
the
time
of
my
going
towards
Ireland
.
His
Lordships
Secretary
being
interrogated
;
He
Answered
,
That
his
Lordship
went
from
London
8
Iuly
,
1633.
towards
Ireland
,
the
9th
year
of
the
King
.
Mr.
Railton
,
To
the
time
of
his
Lordships
going
towards
Ireland
,
said
,
That
8
Iuly
,
1633.
My
Lord
began
his
Journey
into
Ireland
,
being
the
Ninth
year
of
the
King
.
The
Committee
for
the
Commons
,
admitted
that
he
went
over
in
To
the
time
of
my
Lord
of
Straffords
coming
from
York
;
Mr.
Thomas
Little
says
,
His
Lordship
came
from
York
in
Ianuary
was
eight
years
,
and
returned
not
to
York
till
1636.
To
his
Lordships
doing
any
act
as
President
of
York
,
since
the
said
New
Commission
of
Octavo
Caroli
;
Mr.
Thomas
Little
says
,
That
since
the
date
of
that
Commission
,
his
Lordship
never
sate
as
President
of
the
North
,
in
any
Cause
whatsoever
.
His
Lordship
offered
to
prove
his
being
in
Ireland
when
Sir
Iohn
Bourcher
To
the
Earl
of
Straffords
being
in
Ireland
when
the
Commission
8
Car.
was
renewed
.
Mr.
Thomas
Little
Answered
,
being
questioned
,
My
Lord
was
in
Ireland
at
that
time
;
he
went
over
in
1636.
having
come
over
in
November
before
;
and
was
not
in
England
again
till
1639.
And
so
(
My
Lords
)
I
conclude
my
Defence
,
That
I
am
charged
only
And
this
Answer
I
humbly
offer
and
submit
.
Iohn
Gore
speaks
particularly
of
the
occasion
of
enlarging
the
Commission
,
That
my
Lord
of
Strafford
fell
on
his
Knees
,
desiring
from
His
Majesty
an
enlarging
of
his
Power
;
else
that
he
might
go
home
:
So
going
out
of
England
in
Iuly
after
,
the
Commission
answers
to
the
Procurement
that
was
before
.
That
which
his
Lordship
hath
answered
to
F.
Thorpe
,
That
the
things
by
him
complained
of
,
were
in
the
time
before
the
Commission
,
may
be
used
as
an
Argument
,
That
he
was
privy
to
the
Instructions
.
We
produce
I.
Musgrave
,
only
to
shew
my
Lords
Violence
about
Prohibitions
,
before
this
Commission
was
procured
;
He
growing
so
high
,
a
little
before
,
That
he
would
lay
them
by
the
Heels
that
brought
the
Kings
Writ
;
The
Council
were
awed
,
that
they
durst
not
demand
Justice
:
So
that
the
procuring
of
it
,
suited
most
with
his
Design
.
That
his
Witnesses
had
little
contradicted
what
the
Witnesses
for
the
Commons
had
said
.
That
whereas
it
is
said
,
the
Charge
is
not
Treason
;
if
the
Fact
shall
appear
to
their
Lordships
,
satisfaction
will
in
good
time
be
given
.
That
though
this
particular
is
not
Treason
,
yet
all
the
parts
of
it
amount
to
the
Subversion
of
the
Laws
of
the
Kingdom
;
That
is
prest
as
Treason
,
and
this
as
an
Evidence
.
That
for
the
second
Commission
,
it
follows
as
the
other
;
if
he
procured
the
one
,
he
is
guilty
as
if
he
procured
both
,
it
being
the
same
Power
still
.
THE
Second
Article
.
The
Charge
.
THat
shortly
after
the
obtaining
of
the
said
Commission
,
dated
the
21st
.
of
March
,
in
the
Eighth
year
of
His
Maiesties
Reign
,
(
to
the
last
day
of
August
then
next
following
,
he
the
said
Earl
(
to
bring
His
Maiesties
Liege
People
into
a
dislike
of
His
Maiesty
,
and
of
His
Government
,
and
to
terrifie
the
Iustices
of
the
Peace
from
executing
of
the
Laws
:
He
the
said
Earl
being
then
President
,
as
aforesaid
,
and
a
Iustice
of
Peace
)
did
publickly
,
at
the
Assizes
held
for
the
County
of
York
,
in
the
City
of
York
,
in
and
upon
the
said
last
day
of
August
,
declare
and
publish
before
the
People
there
attending
for
the
Administration
of
Iustice
according
to
Law
,
and
in
the
presence
of
the
Iustices
sitting
,
That
some
of
the
Iustices
were
all
for
Law
,
and
nothing
would
please
them
but
Law
;
but
they
should
find
,
That
the
Kings
little
Finger
should
be
heavier
than
the
Loyns
of
the
Law
.
WE
are
come
now
to
the
second
Article
,
touching
words
spoken
For
that
,
we
desire
to
produce
Witnesses
,
and
they
will
shew
how
my
Lord
of
Strafford
is
mistaken
in
his
Answer
:
Or
if
he
says
true
,
As
he
slanders
the
King
in
one
sense
,
so
he
slanders
the
Law
in
another
.
Witnesses
produced
.
William
Long
Sworn
,
and
interrogated
,
What
words
he
heard
my
Lord
of
Strafford
speak
concerning
the
comparison
between
the
Kings
little
Finger
,
and
the
Loyns
of
the
Law
,
On
what
occasion
,
Where
,
and
at
what
time
?
Answered
,
When
Sir
Thomas
Leyton
was
Sheriff
of
York-shire
,
1632.
That
some
,
nothing
would
content
but
Law
;
but
they
should
know
,
The
Kings
little
Finger
should
be
heavier
than
the
Loyns
of
the
Law
:
And
this
was
spoken
in
the
place
where
the
Judges
sate
in
York-Castle
,
at
the
Assizes
that
year
.
The
occasion
he
knew
not
,
but
it
was
publickly
spoken
;
and
as
he
thought
,
my
Lord
did
not
then
sit
on
the
Bench
,
but
stood
at
the
Barr.
Sir
Thomas
Leyton
was
Sworn
;
and
being
thick
of
hearing
,
the
Manager
was
directed
by
my
Lord
Steward
,
to
interrogate
him
to
the
effect
aforesaid
;
Who
Answered
,
My
Lord
said
,
Some
would
not
be
satisfied
but
by
Law
;
but
they
should
have
Law
enough
;
for
they
should
find
the
Kings
Tho.
Leyton
a
Witness
.
little
Finger
,
to
be
heavier
than
the
Loyns
of
the
Law
.
His
Lordship
being
on
the
Bench
then
with
the
Judges
at
that
time
,
and
abundance
of
the
Country
being
there
then
at
Lammas
Assizes
,
at
the
Castle-Bench
;
And
he
thinks
it
was
1632.
or
1633.
but
he
knew
not
the
occasion
.
Marmaduke
Potter
having
been
examined
as
a
preparatory
Witness
,
and
since
being
deceased
,
it
was
desired
his
Deposition
might
be
read
.
The
Lord
Steward
declared
,
That
the
Examinations
of
those
preparatory
To
prove
Marmaduke
Potter's
death
,
Thomas
Harrison
was
Sworn
:
Being
interrogated
what
he
knew
concerning
the
death
of
Marmaduke
Potter
:
Answered
,
That
since
his
coming
out
of
York-shire
,
he
heard
a
report
a
Witness
.
from
his
Neighbours
,
that
M.
P.
is
dead
and
buried
,
That
he
the
Deponent
,
lived
a
Mile
from
the
said
Marmaduke
Potter
;
which
is
Ninescore
and
Ten
Miles
from
this
place
;
but
he
heard
no
particular
of
the
day
of
his
burial
.
The
Examination
of
Marmaduke
Potter
,
Gent.
taken
Ianuary
,
1640.
to
the
10th
and
11th
Inter.
He
saith
,
That
about
eight
years
since
,
when
Sir
Thomas
Leyton
was
Sheriff
of
York-shire
,
he
heard
the
Earl
of
Strafford
make
a
Speech
publickly
at
the
Bench
at
Summer-Assizes
;
and
he
said
then
,
That
the
Kings
little
Finger
should
be
heavier
than
the
Loyns
of
the
Law
.
I
know
not
whether
it
were
material
for
me
to
Answer
this
,
or
no
;
but
as
the
Charge
is
laid
,
it
is
impossible
I
should
be
guilty
of
the
words
:
For
But
I
desire
not
to
stand
on
such
Niceties
,
but
that
Truth
may
appear
.
The
words
confessed
in
my
Answer
,
are
quite
contrary
,
being
,
That
the
little
Finger
of
the
Law
,
was
heavier
than
the
Kings
Loyns
.
And
that
I
set
forth
in
my
Answer
,
and
the
occasion
of
them
;
which
these
Witnesses
do
not
,
or
else
will
not
,
remember
.
The
occasion
was
this
:
There
came
divers
Levies
in
the
year
when
Sir
Thomas
Leyton
was
Sheriff
,
for
divers
great
sums
of
money
for
issues
in
the
Knighting-business
,
on
some
that
had
compounded
,
and
paid
their
money
to
me
,
the
Receiver
of
that
money
then
,
and
by
me
answered
in
the
Exchequer
;
yet
these
Issues
came
down
,
through
some
Errour
above
,
and
were
levied
with
very
great
rigour
by
Sir
Thomas
Leyton
.
When
I
came
down
,
I
spake
with
Sir
Thomas
Leyton
,
and
shewed
him
how
the
men
were
injured
;
and
did
desire
him
to
return
the
money
to
them
again
,
and
I
would
see
him
discharged
in
the
Exchequer
,
which
he
was
contented
to
do
.
And
then
,
to
give
satisfaction
to
the
Country
,
I
told
them
,
That
that
Commission
was
a
Commission
of
Grace
and
Favour
,
and
that
their
Compounding
with
the
King
,
was
an
ease
to
them
,
and
much
greater
ease
than
by
a
proceeding
at
Law
would
have
fallen
on
them
,
the
very
first
Issues
being
three
or
four
times
more
than
they
had
compounded
the
whole
for
.
And
thereupon
I
applyed
that
Speech
,
That
the
little
Finger
of
the
Law
was
heavier
than
the
Loyns
of
the
King
.
For
if
I
should
then
have
fallen
to
threaten
them
,
I
had
spoken
contrary
to
the
end
I
had
proposed
,
which
was
to
incline
them
:
And
further
,
that
not
one
of
the
Witnesses
spoke
any
thing
to
the
occasion
of
the
Speech
.
That
it
is
long
since
,
and
was
never
yet
complained
of
;
and
that
man
must
have
a
stronger
memory
than
I
,
that
will
undertake
to
swear
positively
the
very
words
spoken
seven
or
eight
years
ago
:
And
,
under
favour
,
he
ought
to
have
better
Ears
than
Sir
Thomas
Leyton
,
who
appears
to
have
such
an
infirmity
in
hearing
,
that
he
must
now
be
whoopt
to
at
the
Barr
,
before
he
can
hear
;
and
sure
his
sense
of
hearing
is
much
decayed
,
else
he
could
not
have
heard
me
speaking
at
that
distance
to
the
place
where
the
Sheriff
sits
in
an
open
place
,
as
far
distant
,
as
from
the
Barr
where
I
now
stand
,
to
my
Lord
Steward
,
or
very
near
.
Dr.
Duncombe
being
asked
,
Whether
he
came
accidentally
to
York
that
day
?
and
what
he
heard
the
words
repeated
to
be
?
He
Answered
,
He
came
from
Durham
,
being
sent
for
on
other
occasions
;
Edward
Stanhopp
,
who
called
Dr.
Stanhopp
Uncle
,
from
the
Assizes
.
That
the
Doctor
asked
what
news
,
specially
concerning
my
Lord
Presidents
Speech
,
he
told
them
,
that
he
prest
hard
to
hear
,
and
could
tell
some
passages
of
it
.
Then
they
asked
what
they
were
,
says
he
,
My
Lord
President
was
speaking
of
this
,
That
the
way
of
the
Prerogative
was
in
some
particulars
,
easier
than
the
Common
Law
:
And
in
his
expression
,
he
said
these
words
,
The
little
Finger
of
the
Common
Law
,
is
heavier
than
the
Loyns
of
the
King
.
This
the
said
Sir
Edward
Stanhopp
told
him
,
in
the
presence
of
divers
others
,
who
he
thinks
,
do
remember
the
words
were
so
related
;
and
that
he
had
related
them
often
since
,
and
never
took
it
otherwise
,
till
he
saw
it
in
the
Charge
;
and
there
it
was
clear
otherwise
.
And
upon
further
question
,
at
my
Lord
of
Straffords
motion
,
He
Answered
,
That
he
never
acquainted
my
Lord
of
Strafford
that
he
could
say
any
thing
in
this
,
till
Sunday
night
;
and
then
talking
with
Sir
William
Pennyman
,
he
told
Sir
William
the
story
.
My
Lord
of
Strafford
desired
Sir
William
Pennyman
might
be
heard
;
E.
of
Strafford
.
and
humbly
acknowledged
the
Favour
that
had
been
done
him
by
the
House
of
Commons
,
in
giving
liberty
unto
it
upon
his
suit
.
Sir
William
Pennyman
being
asked
,
whether
he
was
present
at
the
time
when
my
Lord
of
Strafford
spoke
the
words
of
comparison
,
between
the
Kings
little
Finger
,
and
the
Loyns
of
the
Law
;
what
was
spoke
,
and
what
was
the
occasion
:
He
Answered
,
That
he
was
present
at
the
Assizes
at
York
at
that
time
,
and
heard
my
Lord
speak
these
words
in
another
order
and
position
,
than
is
testified
by
these
three
Witnesses
.
And
in
truth
(
he
said
)
he
could
wish
he
spake
now
on
his
Oath
,
for
he
knew
he
spake
on
much
disadvantage
;
The
occcasion
was
this
,
A
Rumour
was
cast
up
and
down
in
the
Country
,
That
my
Lord
of
Strafford
had
received
great
sums
of
money
concerning
Knighthood
,
which
he
had
detained
in
his
own
hands
,
and
not
paid
into
the
Exchequer
;
Hearing
of
this
,
his
Lordship
thought
himself
much
wronged
in
it
,
and
took
occasion
to
vindicate
himself
;
and
there
spoke
of
it
,
and
told
them
,
(
to
the
best
of
his
remembrance
)
there
was
some
omission
on
the
Secretaries
part
,
or
some
of
the
Officers
of
the
Exchequer
.
Hereupon
my
Lord
took
occasion
to
discourse
of
the
Legality
of
Knighthood-money
;
and
told
them
,
Gentlemen
,
you
may
see
this
is
a
Commission
of
Grace
and
Favour
:
for
whereas
you
may
compound
with
the
King
for
a
matter
of
20
or
30
l.
you
have
in
two
or
three
Terms
,
run
into
great
sums
.
He
added
,
That
he
did
not
remember
the
proportion
;
but
the
Inference
was
,
So
that
you
may
see
,
that
the
little
Finger
of
the
Law
,
is
heavier
than
the
Loyns
of
the
King
.
One
of
the
Managers
desired
he
might
be
asked
,
by
what
means
this
He
Answered
,
He
had
the
retention
of
it
in
his
memory
before
;
but
it
was
revived
on
occasion
of
these
Articles
,
when
they
were
exhibited
.
It
is
enough
,
and
he
did
his
Duty
well
,
that
being
a
Member
of
the
My
Lords
,
I
desire
my
Answer
may
be
read
;
wherein
,
the
occasion
,
and
E.
of
Strafford
.
the
words
,
are
directly
set
forth
,
quite
contrary
to
those
in
the
Charge
;
and
I
protest
,
that
I
will
take
my
Oath
on
it
,
That
it
was
so
.
And
my
humble
request
is
,
That
no
Witness
I
produce
,
may
be
prejudiced
for
any
Testimony
he
shall
give
here
,
being
with
the
Liberty
and
Allowance
of
both
Houses
.
For
if
they
should
be
discountenanced
,
nay
,
punished
for
it
,
I
should
think
my self
a
very
unhappy
man
indeed
;
and
rather
than
I
should
prejudice
any
man
in
that
kind
,
I
profess
,
I
would
put
my self
on
Gods
mercy
and
goodness
,
and
not
make
use
of
any
Member
of
either
House
,
(
and
my
principal
Witnesses
must
be
of
both
Houses
)
rather
than
acquit
my self
by
their
prejudice
;
for
I
accompt
it
an
unjust
thing
,
to
overthrow
another
to
save
my self
.
The
Testimony
of
a
Member
of
the
House
,
hath
great
credit
in
the
William
Pennyman
,
for
any
thing
he
said
before
their
Lordships
,
but
wish
he
may
speak
with
clearness
and
truth
;
but
had
he
informed
this
particular
himself
to
the
House
,
he
had
done
my
Lord
of
Strafford
more
right
,
than
by
not
informing
,
to
let
it
come
in
Charge
;
and
bring
in
his
Testimony
contrary
to
his
Vote
.
When
a
Witness
hears
a
thing
in
question
,
though
it
be
not
required
of
him
,
certainly
he
should
vindicate
the
Reputation
of
his
Friend
,
in
contradicting
it
in
season
,
but
it
is
not
so
done
;
and
certainly
his
silence
to
the
House
,
was
not
well
.
My
Lords
,
This
concerns
me
nearly
,
This
Gentleman
,
Sir
William
Pennyman
,
is
my
Noble
Friend
,
and
a
Worthy
Gentleman
;
and
I
would
E.
of
Strafford
.
give
him
my
Life
on
any
occasion
:
but
I
know
him
to
be
a
Person
so
full
of
Virtue
and
Nobleness
,
that
he
would
not
speak
an
untruth
for
all
the
world
;
perhaps
he
might
not
think
fit
to
speak
it
in
the
House
,
men
are
left
at
their
liberty
.
The
Charge
came
out
in
Print
very
lately
,
and
whether
Sir
William
Pennyman
might
know
any
thing
of
it
,
I
leave
it
to
those
that
better
understand
it
.
But
with
this
humble
Request
to
the
noble
and
worthy
Gentlemen
of
the
Commons
House
,
That
they
would
please
to
regard
it
so
,
that
no
man
may
suffer
by
me
,
I
protest
I
had
rather
suffer
ten
thousand
times
my self
.
The
business
concerns
the
House
of
Commons
,
the
Committee
knows
not
how
they
will
apprehend
it
;
But
it
is
only
offered
,
That
the
Judgment
The
Lord
Steward
concluded
this
matter
,
That
his
Lorship
is
put
upon
As
to
the
mistake
in
point
of
time
,
the
Commons
laying
it
to
be
after
The
Exception
to
Sir
Thomas
Leyton's
Testimony
,
that
he
had
need
to
have
better
Ears
;
he
is
a
Gentleman
of
worth
,
his
Deposition
is
an
Oath
,
and
he
knew
best
what
he
heard
;
the
truth
is
,
he
stood
within
little
distance
of
my
Lord
when
he
spake
the
words
,
and
hath
not
been
deaf
above
two
months
,
and
two
other
Witnesses
concur
fully
with
him
.
For
Doctor
Duncombe
,
whether
he
be
the
man
that
laid
Aspersions
in
the
North
on
some
Noble
Lords
,
I
know
not
;
but
his
Testimony
only
is
,
that
he
heard
so
from
one
that
spake
it
at
the
Table
,
not
upon
Oath
,
and
not
knowing
what
use
would
be
made
of
it
.
And
another
Witness
shall
be
produced
,
that
will
speak
to
the
occasion
,
and
that
it
was
not
the
matter
of
Knighting-money
.
Sir
Thomas
Leyton
being
asked
how
long
he
hath
had
this
Infirmity
in
his
hearing
.
Answered
,
That
he
got
a
great
Cold
since
he
came
to
Town
,
and
had
this
Imperfection
since
Christmas
,
and
had
his
hearing
well
before
.
Being
asked
how
far
he
sate
from
my
Lord
of
Strafford
.
He
Answered
,
Four
yards
off
.
My
Lord
of
Strafford
desired
it
might
be
asked
the
Witness
,
Whether
he
sate
on
the
Seat
where
the
Sheriff
uses
to
fit
,
he
answered
Affirmatively
.
His
Lordship
excepted
against
his
Testimony
,
himself
sitting
where
the
President
uses
to
sit
,
betwixt
my
Lord
Chief
Baron
and
Mr.
Justice
Vernon
:
And
he
Appealed
to
my
Lord
Chief
Baron
,
Whether
the
Presidents
Seat
and
the
Sheriffs
Seat
,
be
not
as
far
distant
,
very
near
as
far
,
as
from
his
Lordships
then
station
to
the
Lord
Steward
.
But
the
Committee
observed
it
not
to
be
material
,
that
there
should
be
any
Geometrical
measure
,
but
be
three
,
four
,
five
,
six
or
seven
yards
off
.
Here
the
Committee
offered
other
Witnesses
,
but
my
Lord
of
Strafford
desired
their
Lordships
Judgment
,
Whether
they
should
not
bring
all
together
,
which
the
Lord
Steward
declared
they
might
as
to
this
Point
.
Sir
David
Fowles
being
produced
,
was
excepted
against
.
My
Lords
,
He
is
no
competent
Witnesse
,
he
lying
in
the
Fleet
,
on
a
Sentence
in
the
Star-Chamber
at
my
Suit
,
being
fined
for
divers
things
he
He
comes
not
at
his
own
Request
or
Suit
,
but
in
a
Suit
that
concerns
This
hath
been
Resolved
in
the
Case
of
Sir
Pierce
Crosby
,
that
he
should
be
sworn
,
and
then
value
his
Testimony
,
as
the
Lords
shall
see
Cause
,
and
Sir
David
Fowles
being
sworn
,
the
Lord
Steward
put
them
in
mind
of
the
former
Caution
,
that
their
Lordships
would
judge
the
value
of
his
Testimony
,
the
Committee
not
admitting
what
was
excepted
against
him
,
he
being
not
to
obtain
any
thing
for
himself
,
nor
his
own
Interest
concerned
,
but
produced
for
the
King
and
Commonwealth
,
and
therefore
an
indifferent
Witness
in
the
Case
.
And
then
being
Interrogated
,
touching
the
words
of
Comparison
between
the
King
's
little
Finger
and
the
Loins
of
the
Law
,
whether
he
heard
them
,
and
the
occasion
.
Sir
David
Fowles
answered
,
He
heard
him
say
the
very
same
words
,
David
Fowles
a
Witness
.
That
there
were
some
for
Law
,
and
nothing
but
Law
;
but
the
King
's
little
Finger
should
be
heavier
on
them
than
the
Loins
of
the
Law
.
The
occasion
he
cannot
well
remember
;
but
there
was
some
discontent
taken
by
my
Lord
against
him
he
being
desired
by
a
Messenger
to
levy
Mony
to
mend
a
Bridge
,
he
told
the
Messenger
,
He
could
not
well
do
it
of
himself
,
for
there
was
a
Statute
,
as
he
took
it
24
H.
8.
that
appoints
four
Commissioners
to
be
at
the
doing
of
such
Service
,
and
he
being
but
One
,
durst
not
undertake
to
do
it
:
Besides
,
he
said
,
He
must
see
an
Order
or
Warrant
from
the
Sessions
,
else
he
could
not
do
it
,
and
none
was
shewed
.
Some
other
Exceptions
he
took
to
the
unlawfulness
of
the
business
,
and
the
Messenger
reported
this
to
my
Lord
,
and
that
he
conceived
was
the
cause
my
Lord
broke
out
so
violently
against
him
.
But
being
Interrogated
on
what
occasion
the
words
in
question
were
spoken
.
He
answered
,
Before
my
Lord
went
to
Ireland
,
he
made
a
Speech
to
the
whole
County
,
and
desired
them
to
go
on
in
their
Service
;
and
so
brake
out
,
Some
are
all
for
Law
,
but
they
shall
find
the
Kings
little
Finger
heavier
on
them
than
the
Loins
of
the
Law
.
And
this
is
all
he
can
remember
.
Sir
William
Ingram
sworn
and
examined
,
touching
his
knowledge
of
these
words
.
Answered
,
That
he
was
on
the
Bench
at
that
time
,
Sir
Thomas
Leyton
was
Sheriff
,
and
he
heard
my
Lord
speak
these
words
;
Some
of
you
are
all
for
Law
,
but
you
shall
find
that
the
King
's
little
Finger
is
heavier
than
the
Loins
of
the
Law
,
but
he
doth
not
remember
the
occasion
.
The
main
point
I
must
insist
on
is
,
That
the
very
words
,
if
they
had
been
spoken
by
me
,
as
they
are
laid
(
concerning
which
,
I
call
God
to
witness
,
We
shall
close
this
Article
,
the
last
thing
mentioned
by
his
Lordship
The
Fourth
day
.
Thursday
,
March
25.
1641.
THE
Third
Article
.
The
Charge
.
THat
the
Realm
of
Ireland
having
béen
,
time
out
of
mind
,
annexed
to
the
Imperial
Crown
of
this
His
Majesties
Realm
of
England
,
and
governed
by
the
same
Laws
:
The
said
Earl
being
Lord-Deputy
of
that
Realm
,
to
bring
His
Majesties
Liege-Subjects
of
that
Kingdom
likewise
into
dislike
of
His
Majesties
Government
,
and
intending
the
Subversion
of
the
Fundamental
Laws
,
and
setled
Government
of
that
Realm
,
and
the
destruction
of
His
Majesties
Liege-people
there
;
did
upon
the
30th
day
of
September
,
in
the
Ninth
Year
of
His
now
Majesties
Reign
,
in
the
City
of
Dublin
(
the
chief
City
of
that
Realm
,
where
His
Majesties
Privy-Council
,
and
Courts
of
Iustice
do
ordinarily
reside
,
and
whither
the
Nobility
and
Gentry
of
that
Realm
do
usually
resort
for
Iustice
,
)
in
a
publick
Speech
,
before
divers
of
the
Nobility
and
Gentry
of
that
Kingdom
,
and
before
the
Mayor
,
Aldermen
,
and
Recorder
,
and
many
Citizens
of
Dublin
,
and
other
His
Majesties
Liege-people
,
declare
and
publish
,
That
Ireland
was
a
Conquered
Nation
,
and
that
the
King
might
do
with
them
what
he
pleased
:
And
speaking
of
the
Charters
of
former
Kings
of
England
made
to
that
City
:
He
further
then
said
,
That
their
Charters
were
nothing
worth
,
and
did
bind
the
King
no
further
than
he
pleased
.
I
Humbly
move
your
Lordship
,
That
since
diverse
things
were
spoken
We
hope
your
Lordships
remember
your
own
Order
.
We
desire
he
may
not
have
that
allowed
him
to
day
,
which
was
not
granted
him
Yesterday
.
The
Evidence
having
been
given
for
His
Majesty
,
my
Lord
of
Strafford
having
answered
,
and
the
Commons
Replied
:
Touching
which
the
Lord
Steward
declared
,
that
the
due
Course
had
been
followed
;
The
Evidence
being
given
for
the
King
,
my
Lord
having
Answered
,
and
a
Reply
made
.
My
Lord
,
this
is
a
Court
of
Honour
,
which
is
a
Rule
to
it self
,
and
no
other
Court
is
a
Rule
to
it
;
and
therefore
if
any
thing
were
omitted
one
We
desire
in
the
Name
of
the
Commons
of
England
,
we
may
proceed
according
to
the
Rule
propounded
,
that
his
Lordship
may
not
invert
the
We
shall
open
the
Third
Article
,
containing
very
seditious
words
,
spoken
by
my
Lord
of
Strafford
,
in
a
publick
Assembly
,
to
the
Kings
Subjects
,
I
humbly
desire
,
My
Lords
,
that
the
Witnesses
may
stand
in
another
Room
from
the
Committee
,
it
being
not
usual
in
other
Courts
,
though
I
We
have
been
sensible
his
Lordship
hath
been
large
in
his
Imputations
.
We
shall
behave
our selves
as
becomes
us
in
duty
;
we
speak
nothing
to
I
am
the
loathest
man
in
the
World
to
speak
any
thing
that
may
give
offence
in
general
or
particular
;
neither
did
I
charge
any
,
only
desired
Robert
Kennyday
produced
and
sworn
.
I
humbly
offer
to
your
Lordships
,
That
this
Witness
hath
been
questioned
My
Lords
,
if
he
be
guilty
of
Extortion
,
it
follows
not
that
he
is
therefore
Robert
Kennyday
being
examined
what
words
my
Lord
of
Strafford
spake
a
Witness
.
in
Dublin
,
of
Ireland
,
Whether
it
was
a
Conquer'd
Nation
,
and
what
he
said
of
the
Charters
of
Dublin
,
and
when
.
He
Answered
,
That
30.
of
September
,
1633.
he
was
the
Kings
Remembrancer
in
Ireland
,
and
that
day
the
new
Mayor
of
Dublin
was
presented
to
my
Lord
.
The
Recorder
of
the
City
making
a
Speech
,
touching
the
Presentment
of
the
Mayor
,
cited
many
of
the
Favors
and
Graces
of
the
Kings
and
Queens
of
England
,
and
,
among
the
rest
,
one
Charter
,
wherein
he
alledged
was
contained
;
That
no
Lieutenant
,
Deputy
,
or
Governor
for
the
time
being
,
or
any
Justice
or
Justices
could
assess
,
or
lay
any
Souldiers
on
the
City
of
Dublin
,
without
their
consent
.
That
after
the
Recorder
had
made
an
end
of
Speaking
,
my
Lord
Lieutenant
was
pleased
to
Answer
him
in
many
Particulars
:
Among
the
rest
,
he
told
them
,
You
are
a
Conquer'd
Nation
,
and
the
King
may
do
to
you
what
he
pleases
,
and
for
your
antiquated
Charters
,
they
bind
nothing
farther
then
pleases
Him
.
The
Witness
added
some
things
,
to
take
off
the
Aspertions
cast
on
him
by
his
Lordship
,
saying
,
He
was
never
brought
to
Censure
.
Being
asked
on
my
Lord
of
Strafford's
Motion
,
Whether
he
said
they
were
not
void
by
misusage
,
or
the
like
.
He
answered
,
No
truly
,
Not
a
word
that
he
heard
.
Richard
Earl
of
Corke
produced
and
sworn
.
I
must
profess
,
My
Lords
,
my
sorrow
and
unwillingness
to
speak
my
Exceptions
to
the
Earl
of
Cork
,
as
conceiving
him
no
competent
Witness
,
in
There
are
two
grounds
of
my
Lord
of
Straffords
Exception
to
the
Earl
(
My
Lords
)
if
ill
will
,
and
offence
against
my
Lord
of
Strafford
should
be
an
exception
and
prejudice
to
a
Witness
,
I
am
afraid
there
will
be
few
in
the
three
Kingdoms
,
whose
Testimonials
will
not
be
prejudiced
.
But
this
I
humbly
offer
to
Your
Lordships
likewise
,
My
Lord
of
Corke
is
a
Privy
Councellor
to
His
Majesty
,
and
made
a
Privy
Councellor
since
by
His
Majesty
;
and
certainly
it
is
not
seemly
,
to
have
that
Reproach
cast
on
such
a
Person
,
That
for
a
Prosecution
in
the
Star-Chamber
,
he
should
be
made
an
uncompetent
Witness
.
The
reading
of
the
Information
being
hereupon
denied
,
My
Lord
of
Corke
was
asked
,
What
words
he
heard
my
Lord
of
Strafford
speak
,
touching
Ireland
being
a
Conquered
Nation
,
and
that
the
Charters
of
it
were
of
no
value
,
further
then
it
pleased
the
King
to
make
them
.
His
Lordship
answered
,
And
first
desired
leave
to
speak
a
word
,
hoping
To
the
question
,
his
Lordship
said
,
That
all
he
can
say
,
is
this
,
that
he
was
present
that
day
the
Mayor
of
Dublin
was
presented
to
my
Lord
Deputy
that
then
was
,
and
the
Recorder
set
forth
the
Great
Charters
they
had
from
the
several
Kings
of
England
;
and
fell
on
that
matter
of
placing
Soldiers
in
Dublin
,
without
their
consent
;
That
my
Lords
Answer
was
,
You
must
understand
,
Mr.
Recorder
,
Ireland
is
a
conquered
Nation
,
and
the
King
may
give
them
what
Laws
he
pleases
.
And
then
going
forward
with
the
Charters
,
he
said
,
They
be
old
Antiquated
Charters
,
and
no
further
good
,
than
the
King
is
pleased
to
make
them
:
To
that
sense
(
he
said
)
he
is
sure
.
We
desire
to
observe
to
Your
Lordships
,
That
this
time
,
was
not
the
The
Lord
Gorminstone
produced
and
Sworn
:
Being
asked
whether
he
His
Lordship
Answered
,
That
he
remembers
,
that
in
the
10th
year
of
the
Kings
Reign
,
1634
on
occasion
of
a
Petition
presented
to
my
Lord
Lieutenant
,
in
behalf
of
the
Country
(
as
far
as
his
remembrance
leads
him
)
from
the
House
of
Commons
,
desiring
the
benefit
of
some
Graces
His
Majesty
had
been
pleased
to
confer
on
them
,
and
he
in
the
open
Parliament
,
sitting
under
the
Cloth
of
State
,
in
presence
of
both
Houses
,
told
them
,
Ireland
was
a
conquered
Nation
,
and
they
must
expect
Laws
as
from
a
Conquerour
:
And
the
Instructions
granted
from
His
Majesty
for
setling
the
Government
of
that
Kingdom
,
were
procured
from
a
company
of
narrow-hearted
Commissioners
.
Being
asked
on
my
Lord
of
Strafford's
motion
,
when
these
words
were
spoken
,
whether
the
first
day
of
the
Parliament
,
or
at
any
other
time
:
His
Lordship
answered
,
That
to
his
best
remembrance
,
it
was
not
the
first
day
of
the
Parliament
.
My
Lord
of
Strafford
saying
it
was
at
the
opening
of
the
Parliament
,
and
the
second
day
;
my
Lord
Gorminstone
being
further
asked
about
the
time
:
His
Lordship
answered
,
He
knew
not
whether
it
were
the
second
day
,
or
another
day
,
but
the
particular
words
he
took
notice
of
;
and
it
was
in
presence
of
both
Houses
of
Parliament
,
the
Speaker
standing
at
the
Barr.
The
Lord
Killmallock
produced
,
and
Sworn
;
and
interrogated
touching
the
same
words
.
His
Lordship
answered
,
That
he
was
a
Member
of
the
Commons
House
,
Sir
Pierce
Crosby
being
asked
touching
the
same
words
,
Answered
,
That
he
very
well
remembred
the
words
,
as
they
had
been
Pierce
Crosby
a
Witness
.
spoken
by
the
Noblemen
that
had
been
examined
before
him
;
My
Lord
of
Strafford
,
then
Lord
Deputy
of
Ireland
,
in
the
hearing
of
both
Houses
,
said
,
That
Ireland
was
a
conquered
Nation
,
and
that
the
Conquerour
should
give
the
Law
.
He
added
further
,
that
the
Book
of
Instructions
for
the
Government
of
that
Kingdom
,
was
drawn
up
,
or
procured
,
by
the
means
of
some
narrow-hearted
Commissioners
,
meaning
those
Commissioners
that
were
employed
by
Commission
from
the
King
out
of
the
House
of
Commons
,
being
a
select
Committee
,
whereof
there
was
one
that
is
now
a
Noble
Member
of
this
House
,
that
sits
on
the
Earls
Bench
:
And
that
he
hath
heard
many
of
both
Houses
,
repeat
the
same
words
as
spoken
by
him
.
And
so
the
Commons
concluded
the
Article
,
expecting
my
Lord
of
Straffords
Answer
.
After
a
quarter
of
an
hours
respit
,
my
Lord
of
Strafford
began
his
Defence
as
followeth
:
First
,
I
desire
to
open
two
points
set
forth
in
my
Answer
,
which
under
The
other
business
,
that
comes
in
De
novo
,
is
no
part
of
my
Charge
,
and
therefore
I
hope
will
not
be
laid
to
my
Charge
.
I
observe
in
the
beginning
of
this
part
of
the
Charge
that
concerns
Ireland
,
That
the
Governours
for
the
Crown
of
England
,
that
have
been
it
Ireland
,
in
all
Ages
,
almost
,
have
had
these
misfortunes
,
That
the
Native
Subjects
of
that
Country
have
not
been
propitious
towards
them
.
I
instance
in
the
case
of
Sir
Io.
Perott
,
who
on
Testimonies
here
,
was
Attainted
of
Treason
in
a
Legal
ordinary
way
of
proceeding
,
whereupon
he
lost
his
Estate
,
though
not
his
Life
;
and
afterwards
it
was
confest
,
there
was
little
truth
in
all
that
Accusation
.
Next
,
my
Lord
of
Faulkland
,
against
whom
,
many
of
the
Witnesses
that
I
think
will
come
against
me
,
informed
;
as
Sir
Pierce
Crosby
for
one
,
my
Lord
Mountnorris
for
another
,
and
divers
others
;
who
had
so
prejudicated
me
when
I
went
into
Ireland
,
in
their
Opinion
,
by
the
generality
of
their
Charge
,
that
I
was
a
little
distrustful
whether
it
was
not
so
:
And
thus
much
I
have
spoken
once
before
His
Majesty
at
the
Council-Board
,
on
another
occasion
,
and
now
speak
it
to
Your
Lordships
,
to
the
Honour
of
that
Person
,
that
is
now
with
God
,
my
Lord
of
Faulkland
,
notwithstanding
all
the
heavy
cries
that
were
against
him
,
and
the
wrongs
and
injuries
laid
to
his
Charge
,
I
had
the
fortune
to
have
all
the
Examinations
whereupon
they
proceeded
,
and
looked
over
them
all
;
and
now
I
protest
,
and
call
God
to
witness
,
not
any
way
as
making
to
me
,
I
found
the
said
Lord
to
have
proceeded
as
Honourably
,
Justly
,
and
Nobly
,
to
his
understanding
,
as
any
man
could
do
;
and
yet
was
decryed
as
much
as
any
man
could
be
.
And
so
I
beseech
Your
Lordships
to
consider
me
the
Kings
Servant
;
and
that
in
the
Administration
of
the
Commands
and
Justice
intrusted
with
me
,
I
had
occasion
to
give
offence
to
many
;
and
that
it
hath
been
the
ill
fortune
of
those
that
have
been
Governours
there
,
when
they
have
left
the
Government
,
not
to
be
so
well
reported
as
otherwise
they
might
be
.
Besides
,
There
is
nothing
in
this
Charge
can
possibly
amount
to
Treason
,
admit
all
to
be
as
it
is
laid
,
though
perhaps
to
a
Misdemeanour
.
That
if
it
be
no
Treason
,
it
will
fall
to
be
but
Misdemeanour
;
and
then
I
conceive
,
it
stands
with
the
Justice
and
Practice
of
this
Court
,
to
allow
Councel
and
Witnesses
,
which
I
am
debarred
from
,
by
the
involving
me
under
the
general
Charge
of
Treason
;
and
having
no
further
time
to
prepare
,
then
since
Friday
last
.
That
though
before
,
I
durst
not
say
Your
Lordships
were
bound
by
Rules
of
any
Judicature
,
but
stood
to
Your
own
Honour
and
Nobleness
,
and
were
a
Rule
to
Your selves
,
(
and
herein
I
take
Your
Lordships
to
witness
)
yet
since
the
Gentlemen
at
the
Barr
,
have
prest
the
rules
of
other
Courts
,
I
desire
leave
to
offer
,
That
in
all
ordinary
Courts
of
Judicature
that
ever
I
heard
of
,
where
the
Criminal
party
doth
Answer
,
and
that
Answer
is
not
replyed
to
,
nor
he
admitted
to
make
his
proof
,
the
Answer
of
the
party
is
taken
and
confest
;
from
which
universal
Rule
of
Justice
,
no
man
can
shew
him
a
transgression
:
And
therefore
,
since
I
cannot
be
admitted
my
proofs
,
it
being
impossible
to
fetch
Witnesses
out
of
Ireland
since
Friday
last
,
my
Answer
,
I
conceive
,
ought
to
be
admitted
,
and
the
Charge
taken
as
I
confest
it
,
not
as
it
is
on
proof
.
Saving
to
my self
,
that
I
said
I
would
go
on
to
give
the
best
Answer
I
could
,
on
a
suddain
,
professing
,
That
if
I
had
had
time
,
I
am
confident
,
through
the
mercy
and
goodness
of
God
,
and
the
Innocency
of
my
own
heart
,
I
should
be
able
to
clear
my self
of
Treason
(
the
greatest
Crime
between
man
and
man
)
towards
His
Majesty
,
and
towards
his
People
,
(
my
heart
being
innocent
of
it
;
and
never
having
suggestion
or
thought
,
but
for
the
Greatness
and
Honour
of
His
Majesty
,
and
the
Prosperity
and
blessed
Estate
of
His
People
,
all
the
days
of
my
life
;
and
ever
desiring
the
best
things
,
and
never
satisfied
I
had
done
enough
,
but
did
always
desire
to
do
better
)
but
also
of
all
other
foul
Crimes
of
Injustice
or
Oppression
:
Errours
I
may
have
many
;
perhaps
my
Tongue
hath
been
too
free
,
my
Heart
perhaps
,
hath
lain
too
near
my
Tongue
;
but
God
forbid
every
word
should
rise
up
in
Judgment
against
me
.
If
every
word
that
's
spoken
amiss
should
be
observ'd
,
who
is
able
to
endure
it
;
for
words
spoken
,
ten
,
twelve
,
eight
or
nine
years
ago
,
to
be
brought
in
Judgment
of
me
,
is
a
very
heavy
Case
;
and
I
beseech
your
Lordships
to
turn
the
Case
inward
,
and
to
tell
me
if
it
be
not
a
hard
Case
to
be
put
upon
such
an
Examination
.
I
shall
observe
further
,
that
words
ought
to
be
charged
within
a
certain
time
by
the
Proviso
in
the
Stat.
in
E.
6.
time
,
they
must
be
brought
in
question
within
30
days
as
I
take
it
,
which
Proviso
stands
good
in
Law
;
but
I
go
now
into
a
Learning
that
God
knows
I
have
little
skill
of
;
to
this
I
desire
my
Councel
may
in
due
time
be
heard
,
to
open
and
Plead
.
In
the
mean
time
I
desire
to
say
,
that
if
popular
actions
must
be
concluded
within
a
year
or
two
at
the
most
,
sure
words
should
be
questioned
within
a
less
time
.
I
shall
proceed
to
maintain
the
truth
of
my
Answer
,
That
Ireland
is
not
governed
by
the
same
Laws
that
England
is
;
and
for
that
I
shall
read
a
few
words
in
my
Lord
Cooks
Learning
(
which
God
knows
I
understand
not
)
it
is
in
Calvins
Case
;
where
the
words
are
,
So
as
now
the
Laws
of
England
,
became
the
proper
Laws
of
Ireland
.
And
therefore
because
they
have
Parliaments
holden
there
,
whereat
they
have
made
divers
particular
Laws
,
as
it
appears
in
the
20
H.
6.
8.
and
20.
and
in
Ed.
Dyer
360.
And
for
that
they
retain
to
this
day
divers
of
the
ancient
Customs
,
the
Book
of
20
H.
6.
holds
,
That
Ireland
is
governed
by
Laws
and
Customs
separate
and
divers
from
the
Laws
of
England
.
Therefore
in
all
things
belonging
to
my
Charge
that
came
out
of
Ireland
,
I
hope
Your
Lordships
will
take
along
with
you
the
consideration
of
the
Customs
and
Practices
of
that
Kingdom
,
and
not
judge
me
according
to
that
which
hath
been
the
Custom
and
Practice
of
the
Kingdom
of
England
.
In
the
second
place
,
I
come
to
the
words
of
Ireland
being
a
conquered
Nation
;
The
words
laid
in
the
Charge
being
,
that
I
should
say
;
That
Ireland
was
a
conquered
Nation
,
and
the
King
might
do
with
them
what
he
pleased
.
And
first
,
I
should
do
extreamly
ill
to
the
Honour
of
the
English
Nation
,
and
to
the
memory
of
divers
of
Your
Lordships
Noble
Ancestors
,
if
I
should
not
both
say
and
think
,
that
Ireland
is
a
conquered
Nation
;
when
here
's
mention
made
in
the
Laws
,
and
in
the
Acts
of
State
,
of
English
Rebels
,
and
Irish
Enemies
,
certainly
there
is
something
in
that
;
for
till
the
Kings
of
England
gave
them
the
advantage
and
benefit
of
the
Laws
of
England
,
it
is
well
known
,
they
were
held
Irish
Enemies
,
and
so
termed
and
stiled
in
all
the
Records
one
shall
meet
withall
in
these
times
.
And
that
it
was
a
conquered
Nation
,
I
have
very
good
Authority
in
the
Statute
made
11
Eliz.
at
the
Attainder
of
that
famous
Rebel
Shan
Oneale
.
In
one
part
of
which
it
is
said
,
That
all
the
Clergy
of
the
Realm
assembled
in
Armagh
,
at
the
time
of
the
Conquest
,
&c.
See
the
Statute
.
Is
it
then
so
much
for
me
to
say
what
's
in
the
Act
?
and
is
it
not
for
the
Honour
of
the
English
Nation
to
say
it
?
and
it
must
be
said
to
the
Worlds
end
,
for
't
is
a
truth
.
And
therefore
there
is
no
cause
it
should
be
taken
so
hainously
,
or
heard
with
so
much
displeasure
;
and
if
I
displease
for
telling
the
truth
,
I
cannot
help
it
:
He
reads
another
part
of
it
,
viz.
And
therefore
it
is
to
be
understood
,
that
King
Hen.
2.
the
first
Conqueror
of
this
Realm
,
&c.
And
so
it
hath
been
acknowledged
in
all
stories
and
times
,
and
many
an
English
man
hath
spent
his
blood
in
it
,
whose
Posterity
will
be
ashamed
to
view
it
,
other
than
as
a
conquered
Kingdom
.
Nay
,
I
believe
many
Noble
Persons
are
yet
living
,
that
have
bled
for
it
,
and
will
take
it
ill
,
if
it
be
termed
less
than
a
Conquest
,
in
them
who
lived
in
those
famous
times
,
and
spent
their
blood
in
Obedience
to
their
Soveraigns
Command
.
So
that
by
these
words
candidly
and
rightly
taken
,
no
manner
of
ill
could
come
,
being
spoken
,
not
with
any
sharpness
or
upbraiding
,
but
meerly
to
let
them
see
,
That
being
in
that
Condition
,
they
were
infinitely
bound
to
the
Kings
of
England
,
who
were
pleased
to
communicate
to
them
the
Laws
of
their
own
Kingdom
:
And
so
far
were
they
from
being
taken
ill
,
that
no
man
at
that
time
took
offence
at
them
.
For
the
words
,
The
King
might
do
with
them
what
he
pleased
,
let
them
relate
to
the
Conquest
,
and
there
is
no
offence
in
them
;
for
the
Conqueror
might
give
them
what
Laws
he
pleased
,
and
yet
nevertheless
,
hath
been
so
gracious
and
good
,
as
to
give
them
the
Laws
of
his
own
People
:
Give
me
that
understanding
of
the
words
,
and
then
where
is
the
Crime
?
how
can
it
be
brought
in
Judgment
against
me
in
it self
,
or
be
aggravated
to
High
Treason
.
I
acknowledge
I
did
speak
to
the
Recorder
of
Dublin
,
yet
some
things
I
am
put
in
mind
of
,
which
I
am
forced
to
deny
with
a
great
asseveration
,
That
I
do
not
remember
the
words
,
nay
,
I
am
sure
I
never
spake
them
,
let
all
the
world
,
and
a
cloud
of
Witnesses
,
say
the
contrary
,
when
I
know
in
my
own
heart
I
did
not
speak
them
;
though
I
offer
not
this
to
Your
Lordships
,
to
convince
your
Judgments
:
And
on
the
other
side
,
there
is
nothing
that
is
true
,
but
I
will
acknowledge
it
with
all
Ingenuity
in
the
world
,
on
the
Testimony
of
any
one
single
Witness
.
I
desire
that
Mr.
Slingsby
,
his
Servant
,
might
be
asked
,
whether
he
was
not
present
when
I
spake
these
words
;
and
whether
then
any
offence
was
taken
at
me
,
in
respect
of
the
high
manner
of
my
speaking
;
or
whether
they
were
not
rather
extreamly
well
satisfied
.
Now
if
Your
Lordships
take
words
in
pieces
,
and
not
altogether
,
any
man
living
may
be
convinced
;
but
taking
my
words
altogether
,
though
something
might
be
thought
harsh
,
yet
something
gave
abundant
satisfaction
.
I
am
upon
a
mighty
prejudice
,
in
being
denied
to
have
my
Witnesses
examined
upon
Oath
in
these
things
that
are
not
Treason
.
But
they
be
persons
of
good
credit
,
and
I
trust
your
Lordships
will
believe
them
,
as
much
as
if
they
spake
on
Oath
,
since
I
think
none
of
them
would
say
a
word
to
your
Lordships
,
which
they
would
not
swear
.
Mr.
Slingsby
being
asked
,
Whether
he
was
present
when
my
Lord
of
He
Answered
,
He
was
then
present
,
being
on
the
occasion
of
presenting
Sir
Robert
Dixton
,
the
Mayor
of
Dublin
;
that
he
cannot
remember
the
particular
words
,
nor
deliver
them
to
their
Lordships
,
as
they
were
spoken
by
the
Lord-Lieutenant
:
But
he
remembers
particularly
the
scope
of
the
Discourse
was
to
ingratiate
His
Majesties
present
Government
to
them
;
That
the
words
were
well
accepted
by
several
persons
whom
he
spake
with
,
and
took
that
Effect
,
that
his
Lordship
was
thereupon
invited
to
the
Mayors
House
,
where
divers
of
the
City
Congratulated
his
coming
to
them
.
I
shall
now
proceed
to
the
second
part
of
the
words
,
That
their
Charters
And
to
prove
that
upon
Examination
,
they
appeared
to
be
void
in
Law
.
I
desire
Sir
George
Ratcliffe
may
be
admitted
to
speak
on
what
Grounds
those
Charters
were
called
in
,
and
are
now
(
as
I
think
)
deposited
with
the
Clerk
of
the
Council
.
Sir
George
Ratcliffe
standing
charged
with
High
Treason
,
by
the
Commons
That
Sir
George
Ratcliffe
is
charged
to
be
a
Conspirator
with
me
indeed
,
and
,
in
truth
,
I
must
confess
Sir
George
Ratcliffe
and
my self
(
under
favour
)
George
Ratcliffe
is
my
Friend
,
and
I
wish
him
well
,
and
so
I
think
will
all
other
men
(
I
trust
in
God
)
when
they
hear
him
.
But
I
conceive
Sir
George
Ratcliffe
might
be
heard
in
these
Points
;
if
he
be
examined
as
a
Witness
against
me
,
I
desire
he
may
be
examined
as
a
Witness
for
me
.
Sir
George
Ratcliffe
is
not
examined
,
nor
at
all
sworn
in
the
Cause
on
our
Motion
,
and
admitted
,
that
if
they
produced
him
as
a
Witness
,
they
George
Ratcliffe
could
not
be
examined
.
I
shall
readily
obey
;
but
yet
observe
,
That
if
it
were
only
matter
of
Misdemeanor
,
he
might
be
examined
,
though
charged
.
But
this
is
my
unhappiness
,
We
desire
to
observe
,
that
this
justifies
a
part
of
our
Charge
,
for
the
Charter
of
the
Subjects
Liberties
are
,
as
his
Lordship
confesseth
,
brought
I
crave
Liberty
to
explain
my self
,
That
I
said
not
they
were
brought
to
the
Council-Table
to
be
judged
,
but
that
consideration
might
be
had
,
Robert
Lord
Dillon
being
then
asked
,
Whether
the
Charters
of
Dublin
have
not
been
brought
before
the
Council
of
Ireland
,
there
to
be
considered
concerning
the
Validity
of
them
,
and
whether
it
did
not
appear
that
for
divers
Occasions
,
Exactions
and
Tolls
,
and
by-Laws
,
and
other
abuses
in
the
exercise
of
these
Charters
;
they
did
not
appear
to
the
King
's
Learned
Council
,
and
others
learned
in
the
Law
,
to
be
void
.
He
Answered
,
That
it
was
a
question
he
did
not
expect
;
and
yet
being
called
,
he
should
faithfully
and
freely
tell
his
knowledge
of
it
,
to
his
best
remembrance
:
That
he
doth
remember
very
well
,
that
the
Charters
of
Dublin
have
been
brought
to
the
Council-Board
,
and
argued
strongly
against
by
the
Kings
Learned
Council
.
That
there
was
one
particular
of
3
d.
Custom
challenged
by
the
City
,
which
endured
a
very
long
debate
:
That
it
was
argued
against
them
,
That
they
exercised
by-Laws
,
contrary
to
the
Common
Law
of
the
Land
,
and
that
divers
other
things
were
urged
against
them
;
but
he
remembers
not
the
particular
determination
of
the
Board
upon
the
question
.
Being
asked
severally
,
what
time
those
Charters
were
so
brought
,
and
how
long
after
my
Lord
of
Strafford's
coming
into
Ireland
.
He
Answered
,
That
he
precisely
remembreth
not
the
time
,
but
he
takes
it
to
be
five
or
six
years
ago
,
something
more
or
less
,
and
he
thinks
about
a
year
or
two
after
my
Lord
of
Strafford's
coming
,
but
he
remembers
not
the
time
,
not
expecting
to
be
Interrogated
in
it
.
We
desire
your
Lordships
to
observe
,
That
the
words
were
spoken
before
It
follows
not
,
That
because
they
were
questioned
at
Council-Board
And
being
asked
what
he
knew
concerning
the
Charters
of
Dublin
,
being
questioned
in
the
Commons
House
for
divers
Oppressions
,
unlawful
By-Laws
,
and
other
ill
usage
of
their
Liberties
.
He
Answered
,
That
he
was
a
Member
of
the
first
Parliament
after
my
Lords
coming
into
Ireland
,
1634.
After
this
Visitation
of
the
Mayor
some
half
an
year
,
but
he
knows
not
the
time
precisely
.
That
divers
Members
of
that
House
did
object
divers
Misdemeanors
,
in
mis●sing
the
Priviledges
of
those
Charters
.
That
the
particulars
were
several
By-Laws
which
they
did
execute
,
contrary
to
the
Common
Law
:
Another
was
,
that
by
the
Priviledge
of
those
Charters
,
they
excluded
divers
of
the
Tradesmen
that
came
out
of
England
to
set
up
Manufactures
there
,
which
was
conceived
a
great
Grievance
to
that
Kingdom
.
Another
was
,
that
having
the
Government
of
that
Town
,
being
a
Navigable
Port
,
they
permitted
the
Soil
to
be
emptied
into
the
River
,
without
care
or
regard
.
That
at
the
time
of
the
Presentment
of
the
Mayor
,
my
Lord
took
occasion
to
advise
and
advertise
the
Mayor
of
several
Defects
in
that
Town
,
and
divers
of
the
Commons
House
of
that
Parliament
are
here
that
were
present
.
Hence
observe
the
Reason
and
Grounds
of
my
Exception
to
these
Romish
Catholicks
,
did
depress
the
English
,
that
strangers
out
of
England
had
little
advantage
of
Trade
.
And
whatsoever
any
man
may
say
or
think
on
Information
from
persons
that
do
not
love
me
,
who
are
Members
of
neither
House
(
for
so
I
desire
to
be
understood
,
when
I
speak
of
persons
unfriendly
to
me
;
I
complain
of
nothing
that
is
or
shall
be
done
me
here
,
but
will
leave
it
all
,
with
thankfulness
to
God
Almighty
,
and
with
that
Duty
and
Reverence
to
this
House
,
that
becomes
me
.
)
It
will
be
known
hereafter
,
when
I
perhaps
am
in
my
Grave
,
that
my
greatest
fault
in
Ireland
,
hath
been
my
extream
Zeal
to
bring
them
to
conform
with
the
Church
of
England
,
which
by
that
means
hath
provoked
a
great
deal
of
Displeasure
.
And
secondly
,
I
observe
,
That
this
argues
no
great
malice
in
my
heart
,
nor
desire
to
oppress
the
King's
People
,
when
I
shall
tell
your
Lordships
,
That
to
this
day
those
Charters
were
never
legally
questioned
,
but
are
enjoyed
.
So
far
was
I
from
pressing
rigorously
any
thing
against
them
,
I
desiring
nothing
but
Reformation
,
and
to
have
them
what
they
ought
to
be
,
and
to
leave
them
not
less
,
but
more
happy
than
I
found
them
.
And
if
I
should
serve
there
again
,
as
I
hope
I
shall
serve
only
God
Almighty
,
and
my
Master
with
my
prayers
,
they
should
be
freed
from
all
exactions
and
misusings
of
them
,
tending
to
the
prejudice
of
the
Town
,
the
King's
Service
,
and
the
Service
of
Almighty
God
.
And
so
I
hope
I
have
made
a
clear
Answer
to
so
much
as
was
charged
,
to
free
my self
from
guilt
of
Treason
,
reserving
to
my self
the
advantage
of
having
my
Counsel
heard
,
in
proper
time
,
to
the
matter
of
Treason
in
point
of
Law
,
according
to
the
liberty
your
Lordships
have
afforded
me
.
Next
,
I
shall
proceed
to
that
which
is
proved
,
and
no
way
charged
,
which
I
forbore
to
speak
to
the
day
before
,
as
holding
it
an
impertinent
expence
of
time
to
your
Lordships
,
and
a
spending
of
my
own
spirits
,
which
,
God
knows
,
are
weak
and
infirm
indeed
.
If
I
were
permitted
to
speak
this
morning
to
all
the
things
extrajudicially
formerly
offered
,
I
should
give
a
free
and
clear
Answer
.
But
suffering
by
my
Ignorance
and
silence
then
,
I
now
desire
leave
to
Answer
those
things
that
came
de
Novo
,
and
that
by
three
Witnesses
,
touching
words
spoken
at
another
time
to
both
Houses
of
Parliament
.
I
confess
it
to
be
true
,
that
the
second
day
of
the
last
Parliament
,
but
this
that
is
now
sitting
,
I
had
the
Honour
to
sit
as
His
Majesties
Deputy
,
and
it
was
the
greatest
Honour
that
ever
I
received
;
and
I
should
be
loath
to
say
any
thing
,
sitting
in
that
Place
,
that
should
not
fully
comply
with
the
Goodness
,
Clemency
,
and
Justice
of
His
Majesty
,
or
should
mis-represent
Him
in
any
kind
to
his
People
in
another
sense
,
or
to
other
purpose
than
his
own
Great
and
Princely
Vertues
do
Merit
and
Deserve
.
And
that
all
I
said
at
that
time
tended
to
that
purpose
,
to
shew
and
set
forth
to
them
the
excellent
Goodness
of
His
Majesty
,
and
the
Graciousness
of
His
Government
.
Therefore
if
I
should
say
any
thing
to
the
purpose
,
as
it
is
offered
,
I
should
go
much
against
the
purpose
for
which
I
intended
my
Discourse
.
For
me
to
have
said
openly
there
,
in
the
King's
Chair
,
that
they
were
a
Conquer'd
Nation
,
and
must
expect
Laws
from
Him
,
as
from
a
Conqueror
,
when
I
knew
it
most
false
;
and
expected
from
His
Majesty
,
that
He
would
Govern
them
by
the
same
righteous
Rules
of
Justice
and
Honour
(
as
his
Predecessors
had
before
him
)
I
had
been
much
too
blame
,
and
it
had
been
against
the
drift
of
my
Discourse
.
And
I
must
say
,
and
will
say
,
to
the
death
,
I
never
spake
such
words
,
That
they
must
expect
Laws
from
Him
as
from
a
Conqueror
.
I
know
very
well
how
it
is
proved
,
and
what
my
own
affirmation
doth
in
foro
Iudicii
;
but
how
it
may
work
in
foro
Conscientiae
,
I
trust
I
have
so
much
credit
left
in
the
World
,
as
to
be
known
to
be
a
man
of
truth
,
and
not
usually
to
speak
untruths
.
And
I
take
the
heavenly
God
to
Witness
,
that
I
never
spake
them
.
I
remember
the
words
,
and
the
occasion
by
a
good
token
,
without
which
I
should
not
have
remembred
them
;
my
Friends
desiring
a
Copy
of
my
Speech
,
which
Copy
is
in
Ireland
;
and
were
it
here
,
would
satisfie
every
man
.
It
was
to
incline
them
to
take
into
consideration
the
great
Debt
that
lay
on
the
Crown
,
being
near
100000
l.
the
shortness
of
the
Revenue
,
which
was
then
short
of
the
yearly
Charge
24000
l.
though
the
first
day
it
was
stood
upon
,
and
would
have
been
coloured
over
,
as
if
there
had
been
no
such
thing
.
I
was
to
move
thereunto
a
supply
to
pay
the
Debt
,
and
to
improve
the
Revenue
to
such
a
height
as
might
answer
the
Charge
of
the
Kingdom
;
that
to
induce
this
,
I
told
them
the
Kingdom
of
England
had
expended
great
and
vast
Sums
of
Money
,
and
had
issued
a
great
deal
of
Noble
blood
for
the
reducing
of
them
to
Obedience
,
and
in
that
happy
State
wherein
they
then
lived
.
That
they
must
not
think
the
Kingdom
of
England
must
always
bear
the
Charge
of
the
Crown
,
but
they
must
so
fit
the
business
,
that
the
Kingdom
may
bear
its
own
Charge
;
For
,
said
I
,
and
these
are
the
words
,
(
I
take
God
Almighty
to
Witness
)
and
no
other
.
If
the
Kingdom
of
England
should
still
be
put
to
their
Charges
,
and
the
whole
Expence
should
still
rest
on
the
Conqueror
,
you
might
very
well
think
you
are
so
dealt
withall
,
as
never
any
other
Conquer'd
Nation
had
been
.
That
on
these
words
my
Lord
of
Ormond
came
to
me
,
and
told
me
,
That
the
words
he
had
spoken
were
not
well
taken
;
For
that
I
had
said
,
The
Irish
are
a
Conquer'd
Nation
,
and
that
is
not
well
.
I
answered
his
Lordship
,
Truly
,
my
Lord
,
you
are
a
Conquer'd
Nation
,
but
you
see
how
I
speak
it
,
and
no
otherwise
.
But
this
I
am
not
charged
with
,
and
offer
it
only
to
keep
and
preserve
me
in
a
good
Opinion
,
as
much
as
I
can
of
both
Houses
of
Parliament
,
which
I
desire
of
all
things
under
Heaven
,
next
the
Favour
of
Almighty
God
,
and
his
Gracious
Majesty
.
He
then
proceeded
to
examine
Witnesses
:
And
first
Robert
Lord
Dillom
being
asked
,
Whether
he
was
present
when
he
spake
these
words
to
both
Houses
of
Parliament
,
and
what
they
were
?
We
desire
to
put
your
Lordships
in
mind
that
there
were
two
times
when
my
Lord
spake
such
words
;
one
,
when
he
spake
to
hoth
Houses
of
The
Question
being
repeated
.
The
Lord
Dillom
Answered
,
That
he
served
as
a
Member
of
the
Commons
House
that
Parliament
,
and
in
respect
of
the
Honour
he
had
to
be
of
the
King's
Council
,
and
the
Son
of
a
Peer
of
the
Realm
,
he
stood
under
the
Cloath
of
State
,
and
was
present
when
my
Lord
made
his
Speech
to
both
Houses
;
for
that
passage
of
the
Conquest
,
some
touch
there
was
of
it
;
and
he
hath
heard
my
Lord
of
Ormond
speak
in
particular
of
it
:
For
the
other
words
,
That
they
should
expect
Laws
as
from
a
Conqueror
,
he
took
God
to
witness
,
he
did
not
remember
them
.
Being
asked
whether
he
remembers
them
to
be
spoken
at
any
other
time
:
He
answered
,
That
on
his
Soul
he
doth
not
.
Sir
Adam
Loftus
being
asked
to
the
same
purpose
.
He
Answered
,
That
he
was
the
first
and
the
last
day
at
the
Parliament
,
that
he
doth
not
well
remember
the
middle
day
,
and
he
cannot
burden
his
memory
with
any
such
words
spoken
that
he
heard
either
then
,
or
at
any
other
time
.
Sir
Robert
King
was
called
,
and
asked
to
the
same
purpose
.
He
Answered
,
That
he
thinks
he
was
present
that
day
,
but
not
within
hearing
,
and
he
never
heard
the
words
at
any
other
time
.
Lord
Renula
being
asked
,
Whether
then
,
or
at
any
time
he
heard
my
Lord
of
Strafford
say
,
They
must
expect
Laws
from
the
King
,
as
from
a
Conqueror
.
He
Answered
,
That
he
was
then
in
the
House
,
and
remembers
the
words
in
the
first
place
,
That
Ireland
was
a
Conquer'd
Nation
;
that
for
the
words
in
the
second
place
,
something
was
spoken
,
but
how
far
he
cannot
witness
.
Sir
George
Wentworth
questioned
on
the
same
Point
.
Answered
,
That
he
sate
under
the
Chair
of
State
at
that
time
,
and
remembers
not
that
my
Lord
ever
spake
these
words
,
That
the
King
might
do
with
them
as
he
pleased
.
That
it
pleased
my
Lord-Lieutenant
to
send
him
into
England
at
that
time
,
to
attend
His
Majesty
,
with
the
Success
of
that
Parliament
,
and
that
he
brought
the
Speech
with
him
,
and
can
confidently
affirm
,
There
was
no
such
thing
in
the
Speech
;
and
the
Speech
he
did
deliver
to
some
Privy-Counsellor
,
and
added
,
That
he
never
heard
my
Lord
publickly
or
privately
say
those
words
,
They
must
expect
Laws
from
the
King
as
from
a
Conqueror
.
We
desire
to
know
,
Whether
the
Witness
was
returned
out
of
England
when
this
Remonstrance
was
delivered
.
For
the
Commons
Charge
it
George
Wentworth
was
not
come
back
,
and
then
it
was
impossible
he
should
hear
him
,
for
it
was
after
the
Parliament
had
sate
,
and
some
proceedings
had
.
I
observe
,
How
it
is
in
some
of
the
Witnesses
,
for
my
Lord
Gorminstone
He
spake
it
to
the
occasion
of
the
Petition
,
but
the
distinct
time
he
doth
not
remember
.
Sir
George
Wentworth
being
asked
touching
the
time
of
his
going
into
England
.
He
desired
to
know
what
time
the
Petition
was
delivered
;
but
he
went
over
some
few
days
after
the
Subsidies
were
granted
.
Lord
Robert
Digby
being
asked
,
Whether
at
the
Parliament
at
Dablin
,
or
any
other
time
,
he
ever
heard
my
Lord
of
Strafford
speak
those
words
.
He
Answered
,
That
he
never
did
;
that
he
doth
not
know
whether
he
was
present
at
that
time
or
no
;
that
he
did
diligently
wait
,
but
doth
not
remember
the
words
,
nor
occasion
,
but
he
thinks
he
was
not
present
.
Your
Lordships
have
heard
my
Lord
of
Strafford's
Defence
with
much
That
he
would
answer
the
Particulars
,
as
his
Lordship
had
propounded
them
.
And
first
he
observed
,
That
his
Lordship
denies
not
the
words
Charged
,
which
makes
greater
way
for
proof
of
them
.
He
informs
of
the
ill
Fortune
of
other
Governors
,
that
one
was
Attainted
,
and
the
Informations
afterwards
retracted
,
that
my
Lord
of
Faulkland
was
complained
of
,
yet
a
Noble
and
good
Governor
,
against
whom
,
or
any
Deputy
,
we
can
say
nothing
:
But
what
is
this
for
my
Lord
Strafford
to
say
,
Others
were
questioned
,
therefore
he
is
Innocent
.
These
were
complaints
of
particular
men
,
This
against
my
Lord
of
Strafford
,
is
the
complaint
of
all
the
Commons
of
England
.
It
is
said
,
here
is
no
Treason
in
this
Article
,
no
Argument
of
Treason
;
but
the
Commons
never
pressed
these
words
singly
and
dividedly
,
to
be
Treason
;
but
take
all
together
,
they
discover
that
Disposition
,
that
Counsel
,
that
Resolution
that
my
Lord
of
Strafford
had
taken
on
him
,
the
ruine
and
subversion
of
the
Common
Law
,
in
both
Kingdoms
.
It
is
said
,
an
Answer
is
put
in
,
and
no
Replication
.
It
is
true
,
in
other
Courts
,
if
you
go
on
Bill
and
Answer
,
the
Answer
is
taken
pro
Confesso
;
but
the
Commons
desire
not
to
bind
up
my
Lord
of
Strafford
with
Formalities
;
but
by
the
substance
of
their
Charge
,
they
have
averred
their
Charge
,
which
is
as
much
as
a
denial
of
his
Answer
.
To
there
being
another
Government
in
Ireland
than
in
England
,
my
Lord
himself
spoke
of
it
by
himself
;
but
he
thinks
it
will
not
be
material
to
this
purpose
;
for
whatsoever
it
is
,
some
Government
there
is
:
but
the
Speech
of
my
Lord
tends
to
take
away
all
Laws
;
for
they
must
expect
Laws
as
from
a
Conqueror
,
in
that
Limitation
.
For
his
referring
it
to
the
time
,
taking
it
in
the
sense
,
that
the
then
Conqueror
might
do
what
he
pleased
,
that
's
true
,
and
justifiable
:
But
that
is
to
suppose
the
words
otherwise
than
they
are
;
being
spoken
,
not
of
the
Kings
that
were
before
,
but
of
His
Majesty
that
now
is
.
My
Lord
would
make
an
Argument
,
his
words
were
well
accepted
,
because
Mr.
Slingsby
heard
nothing
to
the
contrary
;
the
words
had
much
Acrimony
and
Sharpness
,
and
we
dare
not
believe
the
Mayor
of
Dublin
durst
tell
my
Lord
of
Strafford
so
,
or
forbear
any
Complement
to
him
,
though
he
had
been
displeased
with
him
.
But
if
that
be
material
,
the
Witnesses
that
have
proved
the
words
,
will
tell
Your
Lordships
,
it
was
resented
with
a
great
deal
of
Grief
and
Sorrow
in
all
the
hearers
.
His
Lordship
justifies
what
was
spoken
of
the
Charters
,
on
these
grounds
,
First
,
That
the
Witness
said
they
were
Antiquated
Charters
,
and
therefore
did
not
bind
;
whereas
it
was
a
scornful
Epithite
,
their
Antiquated
,
and
Worm-eaten
Charters
,
did
not
bind
.
It
is
said
,
they
were
void
through
negligences
,
questioned
at
Council-Table
,
complained
of
in
Parliament
.
But
they
must
take
the
words
to
pieces
,
not
altogether
.
Had
he
spoken
of
the
Charters
alone
,
that
they
were
void
Charters
,
it
were
no
crime
,
no
indiscretion
.
But
take
it
with
the
occasion
and
connexion
,
it
admits
of
no
such
mitigation
,
or
interpretation
.
He
tells
them
,
they
are
a
conquered
Nation
,
and
they
must
expect
Laws
as
from
a
Conqueror
:
And
they
are
a
conquered
Nation
,
and
their
Charters
are
no
further
good
than
the
King
pleases
.
It
is
said
,
It
is
strict
to
answer
presently
what
may
be
objected
;
and
the
Examinations
are
extrajudicial
;
we
doubt
not
but
Your
Lordships
will
justifie-our
Proceedings
,
nor
is
there
any
strictness
in
them
;
for
if
a
man
be
questioned
of
a
Crime
,
and
several
Evidences
be
brought
to
make
up
this
Crime
,
some
concurrent
,
some
precedent
,
they
will
be
allowed
of
in
other
Courts
;
It
being
never
used
,
to
set
forth
in
a
Charge
all
circumstances
of
Proof
,
The
main
is
produced
,
and
this
is
an
Evidence
to
prove
that
,
and
it
is
within
the
Charge
;
for
there
is
a
Charge
,
that
he
corrupts
the
Laws
and
Government
.
Then
my
Lord
produces
divers
Witnesses
,
who
speak
in
a
different
sense
,
Sir
Robert
King
heard
nothing
;
another
,
that
he
remembers
nothing
;
and
if
he
remembers
nothing
,
it
may
as
well
be
said
of
the
rest
,
That
there
might
be
something
they
did
not
hear
,
or
remember
;
for
they
speak
no
more
,
but
they
did
not
remember
;
There
may
be
something
they
forgot
,
as
well
as
another
forget
all
.
My
Lord
Ranulagh
says
,
He
remembers
the
first
words
,
and
something
as
spoken
of
the
second
;
but
he
cannot
tell
how
far
:
So
that
there
is
rather
a
doubt
,
that
something
was
spoken
to
that
purpose
,
than
otherwise
.
The
Lord
Digby
was
not
present
,
Sir
George
Wentworth
remembers
not
the
words
;
he
hath
a
Copy
of
the
Speech
,
and
is
confident
the
words
were
not
spoken
.
But
they
were
not
spoken
in
the
first
Speech
,
whereof
there
was
a
Copy
,
when
the
Petition
for
the
Laws
was
delivered
.
And
this
is
an
Aggravation
against
my
Lord
of
Strafford
,
that
by
his
own
shewing
,
there
was
an
Exception
taken
,
when
he
spoke
in
a
milder
sense
,
and
to
advance
His
Majesties
Government
,
it
had
an
ill
impression
,
and
was
taken
notice
of
,
and
the
Exception
delivered
to
himself
.
Now
if
after
Exception
taken
to
a
Speech
delivered
in
Parliament
,
cloathed
with
so
much
mildness
,
he
in
the
same
Parliament
,
as
soon
as
Subsidies
are
granted
,
shall
tell
them
,
they
are
a
conquered
Nation
,
and
shall
not
have
Graces
,
but
such
Laws
as
the
King
will
give
them
:
This
puts
the
Offence
in
higher
terms
than
before
;
so
far
are
they
from
mitigation
of
the
Offence
.
We
desire
Witnesses
may
be
heard
concerning
the
circumstance
of
time
.
Mr.
Fitzgarret
produced
,
and
Sworn
.
Was
asked
whether
he
knew
of
a
Petition
delivered
to
the
Earl
of
Strafford
by
the
Commons
,
concerning
the
Laws
;
and
how
in
time
it
followed
the
publick
Speech
at
the
beginning
of
the
Parliament
,
and
what
Answer
was
given
to
it
.
He
Answered
,
That
he
was
then
a
Member
of
the
Commons
House
,
and
present
when
the
Petition
was
delivered
:
But
after
the
House
of
Commons
had
given
the
King
six
Subsidies
,
the
House
of
Commons
entred
into
consideration
,
of
Petitioning
for
such
things
as
were
necessary
and
expedient
for
the
Common-wealth
,
as
they
thought
;
this
Petition
was
preferred
to
the
Lord
Deputy
,
a
good
space
of
time
after
the
Subsidies
were
granted
,
and
Advertisement
sent
to
England
,
of
the
good
service
done
in
obtaining
those
Subsidies
from
the
House
of
Commons
,
That
he
remembers
not
any
part
of
the
Answer
given
;
There
was
an
Answer
given
in
Writing
,
either
at
Council-Table
,
or
in
full
Parliament
,
from
the
House
of
Lords
;
but
that
he
spake
only
to
the
point
of
time
.
My
Lord
of
Strafford
did
here
affirm
it
to
be
most
certainly
true
,
That
He
Answered
,
That
he
conceives
there
were
two
Petitions
;
one
,
as
he
thinks
,
concerning
the
performance
of
the
Instructions
of
1628.
whereunto
an
Answer
might
be
given
at
Council-Board
;
and
he
believes
it
was
subscribed
by
many
of
the
Council
.
There
was
another
Petition
of
Grievances
,
seeking
redress
of
them
;
and
to
whether
of
these
his
Lordship
gave
an
Answer
in
Parliament
,
he
remembers
not
;
but
believes
there
was
an
Answer
made
to
both
,
or
one
of
them
,
in
full
Parliament
.
The
Lord
Gorminstone
being
demanded
at
what
time
,
and
on
what
occasion
my
Lord
of
Strafford
spake
the
words
,
he
was
examined
on
before
,
in
He
Answered
,
A
Petition
was
delivered
to
my
Lord
of
Strafford
,
and
he
spake
to
the
House
,
wherein
he
spake
the
words
that
he
had
formerly
related
,
That
they
must
expect
Laws
as
from
a
Conqueror
;
and
that
the
Instructions
published
for
the
setling
of
that
Government
,
were
procured
by
a
company
of
narrow
hearted
Commissioners
;
That
he
did
not
then
remember
the
certain
time
;
but
he
is
sure
it
was
in
Parliament
;
and
so
resented
,
that
almost
all
took
notice
of
it
;
when
most
part
were
English
and
British
Extractions
,
and
very
few
Irish.
The
Lord
Killmallock
being
demanded
to
the
same
purpose
,
Answered
,
That
he
conceived
the
occasion
was
,
a
delivery
of
a
Petition
to
his
Lordship
.
It
is
true
,
it
was
not
delivered
in
Parliament
,
nor
were
the
words
spoken
at
the
Council-Table
where
the
Petition
was
delivered
:
But
he
conceives
,
it
was
on
occasion
of
delivering
that
Petition
,
that
his
Lordship
speaks
:
For
after
the
Petition
was
delivered
,
three
or
four
days
after
,
his
Lordship
came
to
the
Parliament
House
,
he
called
both
Houses
before
him
,
and
there
delivered
these
words
,
That
Ireland
was
a
Conquered
Nation
,
and
therefore
must
expect
Laws
as
from
a
Conqueror
.
Adding
further
,
That
the
Book
of
Instructions
,
meaning
the
Book
Printed
in
King
Iames
His
Reign
,
for
the
orderly
Government
of
the
Courts
of
Justice
,
was
contrived
and
procured
by
a
company
of
narrow-hearted
Commissioners
,
who
knew
not
what
belonged
to
Government
.
The
words
,
he
said
,
he
remembers
very
perfectly
,
as
having
great
misery
on
his
heart
in
the
speaking
:
And
whereas
it
is
said
,
none
did
take
notice
of
them
;
They
did
,
but
they
durst
not
,
it
wrought
inwardly
;
and
had
they
spoken
of
it
,
they
expected
no
redress
,
but
a
greater
addition
of
calamity
to
them
.
We
shall
now
proceed
,
and
observe
,
That
this
Article
touching
the
And
first
,
We
desire
Your
Lordships
to
take
into
remembrance
,
That
though
Ireland
differ
in
some
particular
Statutes
from
England
,
yet
they
enjoy
the
same
Common
Law
,
without
any
difference
.
That
by
the
Statute
28
H.
6.
in
Ireland
,
It
is
Enacted
,
That
every
Cause
shall
be
remitted
to
its
proper
Court
;
It
is
true
,
the
King
hath
this
Prerogative
,
not
to
be
tied
to
sue
in
the
Kings-Bench
;
but
may
sue
in
any
Courts
of
Justice
,
for
matters
Triable
in
the
Common-Pleas
,
or
Chancery
,
or
Exchequer
;
all
Courts
are
open
to
him
,
wherever
he
will
have
his
Cause
judged
;
but
with
the
Subject
,
the
proper
Cause
must
go
to
the
proper
Court
,
and
according
to
this
,
the
exercise
and
use
is
continued
in
that
Kingdom
.
Some
Incroachments
being
made
,
King
Iames
,
of
blessed
memory
,
took
consideration
of
it
,
he
appointed
Commissioners
,
and
Instructions
were
Printed
in
pursuance
of
this
:
A
Noble
Earl
now
present
,
Justice
Iones
,
Sergeant
Crew
,
and
divers
others
,
were
imployed
in
that
Service
.
These
Instructions
,
as
they
remit
the
Causes
to
the
proper
Courts
,
so
they
declare
,
that
it
had
crept
in
at
the
Council-Table
in
latter
times
,
to
take
Oaths
;
but
direct
,
that
it
shall
be
forborn
for
matters
of
Interest
and
Complaint
between
party
and
party
,
and
matters
of
Title
.
And
it
stays
not
here
;
but
a
Proclamation
is
issued
to
the
same
effect
.
This
Statute
,
these
Instructions
,
and
this
Proclamation
,
we
desire
may
be
read
.
Accordingly
the
Statute
was
read
,
whereby
it
was
ordained
to
the
Governour
of
the
Land
,
or
other
Officer
for
the
time
being
,
He
that
accuses
,
shall
find
sufficient
sureties
for
the
damage
of
him
that
is
accused
;
and
if
it
shall
be
adjudged
that
the
Suggestion
or
Accusation
,
is
not
true
,
&c.
And
also
,
that
he
that
is
Arrested
,
may
go
by
Surety
or
Bail
,
till
the
matter
be
determined
.
And
if
it
be
matter
of
Treason
or
Felony
,
to
be
remitted
to
the
Kings-Bench
;
if
Conscience
,
to
the
Chancery
;
if
Franchise
,
to
the
Seneschal
of
the
Liberty
;
if
for
Debt
,
to
the
Common-Pleas
,
&c.
saving
the
Kings
Prerogative
.
Then
part
of
the
Instructions
were
read
,
published
1622.
wherein
it
is
Ordered
,
That
the
Council-Table
shall
keep
it self
within
its
proper
bounds
.
Amongst
which
,
the
Patents
of
Plantations
,
and
the
Offices
on
which
the
Grants
are
founded
,
are
to
be
handled
as
matters
of
State
,
and
to
be
determined
by
the
Lord
Deputy
and
Council
publickly
,
but
Titles
between
party
and
party
,
are
to
be
left
to
the
ordinary
course
of
Law
,
and
neither
Lord-Deputy
,
Governour
,
nor
Council-Table
,
hereafter
to
intermeddle
,
or
trouble
themselves
with
ordinary
businesses
,
within
Cognizance
of
ordinary
Courts
,
nor
meddle
with
possession
of
Land
,
nor
make
or
use
,
private
Orders
,
Hearings
,
or
References
concerning
such
matters
,
nor
grant
Injunctions
,
nor
Orders
for
stay
of
Suits
at
Common
Law
,
Causes
recommended
from
the
Council
of
England
,
and
spiritual
Causes
concerning
the
Church
,
excepted
.
Then
the
Proclamation
was
read
,
dated
November
7.
1625.
whereby
it
is
commanded
,
That
the
Deputy
and
Council-Chamber
in
Ireland
then
,
and
from
time
to
come
,
shall
not
entertain
,
or
take
consideration
of
any
private
Cause
or
Causes
,
or
Controversies
between
party
and
party
,
concerning
their
private
and
particular
Estates
,
nor
any
Cause
or
Controversie
of
that
Board
,
which
are
not
of
that
nature
that
do
properly
concern
matter
of
State
;
But
that
all
Causes
and
Controversies
of
that
nature
,
moved
or
depending
between
party
and
party
,
concerning
private
and
particular
Interests
,
be
proceeded
in
in
the
ordinary
Courts
of
that
Kingdom
respectively
,
to
whom
the
Cognizance
of
these
Causes
and
Controversies
doth
belong
,
&c.
For
that
Objection
from
the
Opinion
of
my
Lord
Cooke
in
Calvins
Case
,
if
it
were
an
Opinion
to
the
contrary
in
an
Argument
,
it
is
no
binding
Authority
;
But
that
Opinion
is
nothing
at
all
against
what
hath
been
said
;
for
it
is
express
,
That
Ireland
did
retain
the
same
Common
Law
with
England
.
It
is
true
,
Ireland
hath
Statutes
and
Customs
particularly
retained
;
and
so
there
be
divers
particular
Customs
in
England
,
that
differ
from
the
Common
Law
,
yet
are
approved
and
allowed
in
it
;
as
in
Wales
,
and
the
Custom
of
Gavel-kind
,
and
the
Common
Law
,
which
is
the
general
Government
,
is
the
same
.
If
there
be
any
Statute
that
gives
my
Lord
of
Strafford
,
as
Governour
alone
,
power
to
take
Cognizance
of
meerly
private
Causes
,
it
is
something
to
the
purpose
to
say
,
there
is
a
particular
Statute
;
but
till
that
be
shewed
,
he
hath
in
this
,
erected
an
Arbitrary
Power
.
And
so
he
concluded
the
Reply
,
and
the
Third
Article
.
THE
Fourth
Article
.
The
Charge
.
THat
Richard
Earl
of
Corke
,
having
sued
out
Process
in
course
of
Law
,
for
recovery
of
his
Possessions
,
from
which
he
was
put
,
by
colour
of
an
Order
made
by
the
said
Earl
of
Strafford
,
and
the
Council-Table
of
the
said
Realm
of
Ireland
,
upon
a
Paper
Petition
,
without
Legal
procéeding
,
did
the
20th
day
of
February
,
in
the
11th
year
of
His
now
Majesties
Reign
,
threaten
the
said
Earl
,
(
being
then
a
Péer
of
the
said
Realm
)
to
Imprison
him
,
unless
he
would
surcease
his
Suit
,
and
said
,
That
he
would
have
neither
Law
nor
Lawyers
,
dispute
or
question
his
Orders
.
And
the
20th
day
of
March
,
in
the
said
11th
year
,
the
said
Earl
of
Strafford
,
speaking
of
an
Order
of
the
said
Council-Table
of
that
Realm
,
made
in
the
time
of
King
James
,
which
concerned
a
Lease
which
the
said
Earl
of
Corke
claimed
in
certain
Rectories
or
Tythes
,
which
the
said
Earl
of
Corke
alledged
to
be
of
no
force
,
said
,
that
he
would
make
the
said
Earl
,
and
all
Ireland
know
,
that
so
long
as
he
had
the
Government
there
,
any
Act
of
State
there
made
,
or
to
be
made
,
should
be
as
binding
to
the
Subjects
of
that
Kingdom
,
as
an
Act
of
Parliament
;
and
did
question
the
said
Earl
of
Corke
in
the
Eastle
.
Chamber
there
,
upon
pretence
of
breach
of
the
said
Order
of
Council-Table
;
and
did
sundry
other
times
,
and
upon
sundry
other
occasions
,
by
his
Words
and
Spéeches
,
Arrogate
to
himself
a
Power
above
the
Fundamental
Laws
,
and
Established
Government
of
that
Kingdom
;
and
scorned
the
said
Laws
and
Established
Government
.
ONE
of
the
Managers
opened
the
4th
Article
,
and
said
,
The
former
Articles
shew
my
Lord
of
Straffords
Words
,
this
his
Actions
.
This
Article
concerns
my
Lord
of
Corke's
being
disseized
of
an
Impropriate
Rectory
,
upon
a
Paper
Petition
to
my
Lord
of
Strafford
,
and
referred
to
the
Council-Table
,
the
Earl
of
Strafford
saying
,
upon
the
questioning
of
the
Proceedings
thereupon
,
That
neither
Law
nor
Lawyers
,
should
question
or
dispute
his
Orders
;
an
Order
of
Council-Board
in
King
Iames
his
time
,
enjoyning
,
That
no
Parson
,
Patron
,
or
Ordinary
,
should
make
a
Lease
for
longer
time
,
than
the
life
of
the
Incumbent
,
was
made
use
of
as
a
ground
to
dispossess
the
Earl
of
Corke
.
In
the
first
place
,
We
desire
to
open
the
Proceedings
at
Council-Table
before
my
Lord
of
Straffords
time
,
(
viz.
)
That
in
no
case
concerning
The
Lord
Ranulagh
being
interrogated
,
whether
by
the
course
of
Proceedings
He
Answered
,
That
he
hath
observed
the
course
of
the
Board
for
22
years
;
and
the
course
was
,
That
if
Title
of
Land
,
between
party
and
party
,
were
in
debate
,
It
was
commonly
dismissed
from
the
Board
,
with
a
leading
order
,
to
be
tried
by
course
of
Common
Law
.
Being
asked
,
whether
a
Deputy
alone
hath
determined
private
Interest
.
He
Answered
,
That
he
cannot
positively
say
,
whether
it
were
done
privately
;
but
to
the
best
of
his
remembrance
,
he
knows
not
that
ever
any
Deputy
determined
any
matter
of
private
Interest
,
but
brought
it
to
the
Board
,
though
by
reference
,
or
private
proceeding
,
it
might
have
proceeded
before
it
came
to
the
Board
.
My
Lord
of
Strafford
desired
he
might
be
asked
,
whether
he
ever
He
Answered
,
And
desired
to
explain
himself
concerning
the
former
,
That
Causes
of
the
Church
,
and
matters
of
Plantations
,
were
resolved
in
My
Lord
of
Strafford
desired
he
might
be
asked
,
whether
as
President
The
Fifth
day
.
Friday
,
March
26.
1641.
AFter
consideration
of
this
matter
by
their
Lordships
,
it
was
resolved
in
the
Upper-house
,
That
my
Lord
Ranulagh
ought
not
to
be
examined
on
that
point
,
it
tending
to
an
Accusation
of
himself
.
The
Earl
of
Corke
being
Sworn
,
and
questioned
touching
my
Lord
of
His
Lordship
Answered
,
That
he
had
been
in
Possession
,
as
Tenant
of
the
Crown
thirty
five
years
,
of
a
Rectory
and
certain
Tythes
in
the
County
of
Tiperany
,
for
which
he
paid
a
yearly
Rent
;
and
having
enjoyed
it
so
long
,
my
Lord
presented
to
it
Arthur
Gwyn
,
that
had
been
his
Coach-mans
Groom
.
That
when
he
heard
of
it
,
he
went
to
my
Lord
privately
,
and
told
his
Lordship
,
that
he
was
His
Majesties
Farmer
of
those
Tythes
,
and
paid
a
Rent
;
and
desired
he
might
not
be
sued
for
them
in
the
Council-Chamber
:
but
if
a
Suit
must
be
ommenced
,
that
it
might
be
in
the
proper
Court
,
the
Exchequer
.
That
my
Lord
told
him
,
he
should
Answer
it
there
:
That
he
did
so
,
and
my
Lord
ordered
it
against
him
;
That
a
Commission
went
down
,
and
Examinations
were
taken
:
And
after
my
Lord
had
ordered
it
against
him
,
an
Order
of
course
was
set
down
,
that
Gwyn
should
have
them
till
I
recovered
them
by
course
of
Law
.
That
thereupon
,
I
brought
an
Action
against
him
,
and
his
Tenants
,
who
were
Arrested
,
and
came
to
Dublin
;
and
then
went
to
my
Lord
,
and
Dr.
Bramhill
,
Bishop
of
Derry
.
That
thereupon
I
was
sent
for
before
my
Lord
Lieutenant
that
then
was
;
and
my
Lord
Lieutenant
told
me
,
Sir
,
You
have
taken
out
Writs
against
Gwyn
,
to
whom
I
Ordered
the
Tythes
of
the
Rectory
.
I
confest
I
had
,
and
desired
to
know
why
he
aked
me
so
;
adding
,
that
I
am
sure
your
Lordship
will
not
take
away
my
Possession
,
by
a
Paper
Bill
,
without
Trial.
That
my
Lord
of
Strafford
answered
,
call
in
your
Writs
,
or
if
you
will
not
,
I
will
clap
you
in
the
Castle
;
For
I
tell
you
,
I
will
not
have
my
Orders
disputed
by
Law
,
nor
Lawyers
.
Gwyn
was
a
poor
man
,
and
if
he
should
get
the
Rents
of
the
Impropriation
into
his
hands
,
I
could
not
get
them
again
:
And
therefore
I
desired
security
,
That
if
by
course
of
Law
I
should
recover
it
,
I
might
have
it
again
;
That
my
Lord
of
Strafford
thereupon
said
,
It
was
very
fit
and
just
;
but
the
Order
being
brought
unto
me
,
I
said
there
was
no
such
thing
in
the
Order
.
Being
desired
by
the
Earl
of
Strafford
to
repeat
the
last
over
again
,
I
say
,
that
I
told
the
Lieutenant
,
that
I
did
hold
,
the
Council-Chamber
could
not
hold
Plea
of
this
,
and
thereupon
cited
28
H.
6.
the
Book
of
Orders
,
the
Proclamation
.
Then
I
moved
his
Lordship
,
that
in
regard
Gwyn
was
a
poor
man
,
and
not
answerable
,
and
might
get
the
Rents
,
being
near
100
marks
a
year
,
he
might
give
security
for
the
Rents
,
if
I
should
recover
them
by
course
of
Law
;
That
my
Lord
of
Strafford
thought
it
just
it
should
be
so
entred
in
the
Order
.
And
being
asked
how
that
came
to
be
left
out
,
He
Answered
,
That
Sir
Paul
Davis
,
the
Clerk
of
the
Council
,
told
him
,
my
Lord
of
Strafford
found
fault
with
it
,
and
struck
it
out
with
his
own
hand
.
Being
asked
what
words
he
heard
from
my
Lord
of
Strafford
,
concerning
the
said
Order
at
Council-Board
,
in
King
Iames
his
time
:
He
Answered
,
That
there
was
a
Parsonage
in
the
County
of
Kerry
,
in
his
Presentment
,
and
it
fell
void
;
the
Dean
,
and
some
others
,
commended
one
Atkinson
to
be
his
Vicar
,
That
on
their
Commendation
,
not
knowing
him
himself
,
he
presented
him
,
without
any
consideration
.
That
Atkinson
afterwards
fell
into
decay
,
and
was
Imprisoned
;
and
the
Prison
being
very
loathsome
,
the
Bishop
wrote
unto
him
,
this
Deponent
,
and
sent
him
a
Lease
,
under
the
Hand
and
Seal
of
him
the
said
Bishop
,
and
the
Incumbent
,
with
a
Label
for
his
the
Deponents
hand
,
and
desired
him
to
seal
it
for
40
s.
a
year
to
another
,
that
Atkinson
might
pay
his
Debts
,
and
stock
himself
with
Cattle
;
That
he
the
Deponent
,
refused
it
,
though
brought
50
miles
from
his
House
,
fearing
it
might
be
prejudicial
to
the
next
Clerk
.
That
the
Bishop
sent
Atkinson's
Wife
back
over
the
Mountains
with
his
Letter
,
and
the
Lease
;
and
he
the
Earl
of
Corke
,
did
sign
it
then
;
For
,
seeing
the
misery
of
the
poor
Woman
,
and
her
Children
,
he
thought
it
a
work
of
Charity
;
and
it
continued
so
till
my
Lord
of
Strafford
came
to
the
Government
.
That
then
he
had
a
Bill
preferred
against
him
in
the
Star-Chamber
,
for
breaking
an
Act
of
State
,
That
none
should
make
a
Lease
for
longer
than
the
Incumbents
life
,
and
desired
that
the
Bill
should
be
read
,
in
all
the
Proceedings
of
it
;
That
thereupon
he
told
the
Earl
of
Strafford
,
it
was
a
work
of
Charity
,
and
he
never
heard
of
such
an
Act
of
State
,
being
not
published
,
and
made
in
King
Iames
his
time
,
and
in
the
Lord
Grandisons
Government
,
who
are
both
dead
:
And
therefore
he
conceived
,
there
was
no
cause
to
charge
,
or
prosecute
him
for
it
,
being
but
an
Act
of
State
.
That
my
Lord
of
Strafford
Answered
,
I
tell
you
,
my
Lord
,
as
Great
as
you
are
,
I
will
make
you
,
and
all
the
Subjects
of
Ireland
know
,
That
any
Act
of
State
made
,
or
to
be
made
,
shall
be
as
binding
to
you
,
and
the
Subjects
of
Ireland
,
during
my
Government
,
as
an
Act
of
Parliament
.
Being
asked
on
my
Lord
of
Straffords
motion
,
whether
the
Order
made
in
the
Case
of
Gwyn
,
was
not
made
by
the
major
part
of
the
Votes
of
the
Board
:
He
Answered
,
That
he
did
say
that
it
was
Voted
at
the
Council-Table
,
but
he
knows
not
whether
it
were
done
by
the
major
part
;
and
afterwards
(
with
a
lower
voice
)
His
Lordship
added
,
that
he
thinks
it
was
never
Voted
.
Iohn
Waldron
Sworn
;
was
examined
touching
the
words
my
Lord
of
a
Witness
.
Strafford
was
charged
to
say
,
touching
an
Act
of
State
,
being
equal
to
an
Act
of
Parliament
;
and
the
occasion
:
He
Answered
,
It
was
his
chance
to
be
at
Council-Table
,
when
a
Cause
,
depending
between
the
Merchants
of
Galloway
,
and
some
others
,
that
prosecuted
the
business
in
behalf
of
the
Church
,
about
a
Lease
made
by
the
Dean
of
Derry
;
which
was
debated
at
the
Council-Board
.
And
there
was
one
Mr.
Martin
of
Council
for
the
Merchants
,
and
he
pressing
hard
for
his
Clients
;
It
pleased
my
Lord
to
think
he
had
over-shot
himself
,
or
was
too
forward
;
and
asked
what
he
had
to
say
,
that
he
prest
that
Cause
so
hard
;
That
Mr.
Martin
Answered
him
,
He
had
an
Act
of
Parliament
,
or
Statute
,
or
to
that
purpose
.
That
my
Lord
of
Strafford
Replied
again
,
Sir
,
I
will
make
you
know
,
That
an
Act
of
this
Board
shall
be
as
good
as
any
Act
,
or
Statute
,
or
words
to
that
effect
.
Iohn
Kay
,
after
some
Exceptions
taken
by
the
Earl
of
Strafford
against
him
,
as
no
fit
Witness
in
respect
of
his
prosecuting
a
Suit
against
his
Lordship
,
for
the
Lady
Hibbotts
,
which
was
Over-ruled
by
their
Lordships
,
was
sworn
,
and
being
asked
touching
the
said
words
to
be
spoken
by
the
Earl
of
Strafford
,
and
the
occasion
and
the
time
.
He
Answered
,
That
he
was
present
at
Council-Table
by
chance
,
when
there
was
a
Cause
,
wherein
Mr.
Martin
pleading
for
his
Clients
:
My
Lord-Deputy
then
asked
him
,
What
made
him
so
earnest
for
it
;
He
said
,
He
had
an
Act
of
Parliament
,
or
Statute
,
to
justifie
his
Cause
.
Hereupon
my
Lord-Deputy
Answered
,
He
should
know
,
that
as
long
as
Himself
sate
in
that
Place
,
An
Act
of
State
should
be
as
strong
as
an
Act
of
Parliament
,
or
words
to
that
effect
.
Being
asked
of
the
time
.
He
Answered
,
He
doth
not
remember
the
time
,
but
it
was
three
years
and
upwards
.
It
was
before
Iuly
1637.
but
the
Day
and
Year
he
remembers
not
;
but
it
was
in
the
Case
where
Mr.
Martin
was
Council
.
My
Lord
Corke
being
asked
about
the
time
,
he
said
,
It
was
in
1635.
about
February
.
Mr.
Waldron
being
asked
,
Whether
it
was
in
a
Church-Cause
.
Answered
,
My
Lord-Deputy
made
an
Offer
,
That
if
they
would
take
a
Lease
for
21
years
,
at
full
value
,
they
should
have
it
.
But
if
they
would
stand
on
the
Trial
of
the
Lease
,
they
must
take
the
adventure
.
And
Mr.
Hoy
being
asked
,
Whether
it
was
a
Church-Cause
.
He
Answered
,
He
conceived
the
Church
was
Interested
in
it
.
Lord
Kill
mallock
asked
,
Whether
he
heard
my
Lord
Strafford
say
,
An
Act
of
Council
should
be
as
Valid
as
an
Act
of
Parliament
,
when
,
on
what
occasion
,
and
to
what
scope
.
He
Answered
,
That
he
was
at
Council-Table
some
four
or
five
years
ago
,
and
there
did
hear
my
Lord
of
Strafford
say
to
one
of
the
Council
(
he
cannot
say
it
was
Mr.
Martin
)
He
would
have
him
know
,
as
long
as
himself
was
Governor
,
An
Act
of
State
should
be
as
binding
as
an
Act
of
Parliament
;
on
what
occasion
he
cannot
say
.
He
further
said
,
That
in
the
10th
Year
of
the
King
,
in
the
Parliament
held
in
Ireland
,
he
heard
Sir
George
Ratcliffe
(
my
Lord
of
Strafford's
Eccho
)
in
that
House
,
say
,
On
occasion
of
a
Bill
that
was
cast
out
in
that
House
,
making
it
Felony
for
any
to
have
Powder
without
Licence
.
It
is
all
one
,
he
would
have
an
Act
of
State
for
it
,
which
should
be
as
binding
as
an
Act
of
Parliament
.
Sir
Pierce
Crosby
was
asked
,
Whether
he
heard
my
Lord
of
Strafford
at
another
time
say
,
An
Act
of
Council
should
be
as
valid
as
an
Act
of
Parliament
,
when
,
on
what
occasion
,
to
what
intent
.
He
Answered
,
That
he
doth
very
well
remember
the
words
,
the
time
not
precisely
;
but
he
was
sure
it
was
soon
after
my
Lords
coming
into
Ireland
,
and
before
the
Parliament
,
and
was
the
cause
of
the
first
Exception
against
him
the
said
Sir
Pierce
Crosby
,
for
he
reasoned
it
with
his
Lordship
,
being
at
his
own
Table
at
Dinner
,
there
being
then
present
,
and
sitting
next
to
him
,
a
Member
of
this
Honourable
House
,
my
Lord
Castlehaven
.
There
were
likewise
my
Lord
Osmond
,
and
several
others
of
the
Council
of
Ireland
.
The
words
were
these
,
That
if
he
lived
,
He
would
make
an
Act
of
State
to
be
of
equal
Power
with
an
Act
of
Parliament
.
That
he
,
the
Deponent
,
thought
his
Lordship
spoke
it
merrily
,
and
answered
him
in
the
same
kind
,
saying
,
My
Lord
,
when
you
go
about
to
do
this
,
I
will
believe
some
body
will
rise
,
as
an
English
Gentleman
did
in
England
,
and
desire
a
Clause
of
Exception
,
that
it
may
not
reach
to
himself
,
his
Kindred
and
Friends
.
That
my
Lord
of
Strafford
looked
on
him
very
earnestly
,
and
said
,
He
would
take
him
,
whosoever
he
was
,
and
lay
him
by
the
heels
.
That
this
was
in
Parliament
time
:
And
he
the
Deponent
would
fain
have
qualified
it
;
but
Parliament
,
or
not
Parliament
(
says
my
Lord
)
Ireland
is
a
Conquer'd
Nation
,
and
the
Conqueror
should
give
the
Law
.
That
he
the
said
Sir
Pierce
Crosby
Replyed
,
My
Lord
,
then
,
I
beseech
you
,
give
me
leave
,
I
am
one
of
those
that
must
uphold
an
Act
of
State
,
by
all
lawful
ways
,
having
the
Honour
to
be
a
Member
of
the
Government
,
though
unworthy
.
What
will
be
alledged
on
the
other
part
?
they
will
say
an
Act
of
Parliament
attaints
and
restores
Blood
,
and
doth
many
things
an
Act
of
State
cannot
reach
to
,
for
it
is
confined
within
the
limits
of
the
Government
.
That
my
Lord
having
not
to
Reply
to
this
,
rose
in
some
choller
;
and
told
him
,
the
Deponent
,
of
something
else
he
conceived
he
the
Deponent
had
done
amiss
at
Council-Board
on
a
Statute
that
was
in
debate
.
And
so
the
Manager
concluded
the
Article
with
thus
much
more
;
The
Article
,
in
the
conclusion
of
it
,
charges
him
with
scorning
the
Government
and
Laws
.
And
it
was
desired
their
Lorships
would
take
notice
of
what
is
proved
out
of
these
words
,
and
the
concurrent
proof
Yesterday
.
The
Earl
of
Strafford
begins
his
Defence
,
saying
,
First
,
I
must
stand
upon
the
truth
of
my
Answer
,
which
must
be
good
,
till
it
be
denied
,
so
far
as
goes
to
matter
of
Misdemeanor
.
I
have
not
had
time
to
examine
Witnesses
,
having
not
liberty
till
Friday
last
,
which
I
urge
by
way
of
excuse
,
if
my
Answers
give
not
full
satisfaction
.
Here
is
an
Order
of
the
House
of
Commons
there
,
whereby
your
Lordships
may
perceive
how
unlikely
I
am
to
have
any
thing
from
Ireland
that
may
work
to
my
Justification
,
which
was
read
,
and
bears
Date
25.
February
,
1640.
Authorising
those
undernamed
to
go
aboard
any
Ships
,
and
seize
,
search
,
and
break
up
all
Trunks
,
Chests
,
and
Cabins
aboard
.
To
seize
on
all
Silver
and
Gold
,
except
small
Sums
;
and
all
Debts
,
Evidences
,
and
Writings
as
they
shall
think
fit
,
of
him
the
said
Earl
of
Strafford
.
This
his
Lordship
conceived
to
be
a
great
Violation
of
the
Peerage
of
the
Kingdom
.
For
making
good
of
his
Answer
,
his
Lordship
Alledged
:
That
the
Council-Board
of
Ireland
is
a
Court
of
Record
,
which
differs
much
from
the
Council-Board
of
England
;
and
that
they
proceed
there
by
Bill
,
Answer
,
Examination
,
Publication
,
and
all
the
formal
courses
of
legal
Proceedings
.
That
my
care
to
preserve
the
Authority
of
the
Deputy
and
Council
,
is
not
a
Subversion
of
the
Laws
:
Only
it
directs
it
,
and
puts
the
execution
of
the
Law
another
way
.
That
for
Reasons
of
State
,
it
must
be
preserved
,
being
the
place
of
Resort
for
Protection
and
Defence
of
the
English
Planters
,
and
Protestant
Clergy
.
I
shall
produce
and
acknowledge
the
Instructions
made
22
Iac.
and
I
shall
read
part
that
bounds
the
Council-Board
particulary
mentioned
in
the
Reply
to
the
Third
Charge
.
I
desire
a
Book
may
be
read
,
a
Book
in
the
hands
of
Mr.
Denham
,
containing
certain
Answers
given
by
the
Lord
Chichester
,
to
certain
Complaints
made
against
that
State
,
and
written
with
Mr.
Baron
Denham's
own
hand
,
which
on
debate
,
was
Resolved
not
to
be
read
,
being
written
only
for
a
private
Remembrance
.
I
shall
refer
to
my
Lord
Ranulagh's
Deposition
the
other
day
,
to
satisfie
your
Lordships
touching
the
Proceedings
at
Council
Table
.
To
prove
the
Council-Board
to
be
a
Court
of
Record
.
Robert
Lord
Dillom
being
asked
,
Whether
before
my
Lord
Strafford's
time
he
had
not
known
always
,
during
his
memory
,
the
Deputy
and
Council
in
all
causes
of
Plantation
,
and
the
Church
,
proceed
by
Petition
,
Answer
,
Examination
of
Witnesses
,
Publication
,
and
Hearing
,
as
in
other
Courts
of
Equity
,
and
upon
Oath
.
He
Answered
,
That
he
remembers
in
my
Lord
Chichester's
time
of
Government
,
it
was
the
practise
of
the
Board
so
to
do
:
That
he
remembers
it
in
my
Lord
Grandison's
time
;
that
he
had
the
Honour
to
be
called
to
the
Council-Board
under
my
Lord
Faulkland's
Government
,
and
knew
it
then
.
And
it
was
in
the
Justices
time
that
preceded
my
Lord
Strafford's
Government
,
To
have
Petitions
,
Examinations
of
Witnesses
,
Publication
,
a
day
of
hearing
granted
,
and
all
ordinary
Proceedings
.
Being
asked
,
Whether
at
that
Board
they
have
not
been
punished
,
who
have
disobeyed
Proclamations
,
and
Acts
of
State
,
before
my
Lord
Strafford's
time
,
and
how
long
.
He
Answered
,
That
out
of
his
Observation
,
at
Council-Table
Acts
of
State
were
made
,
because
of
the
scarcity
of
Parliaments
,
that
they
might
be
a
Supplement
to
Acts
of
Parliament
,
that
he
hath
known
before
;
and
when
he
sate
at
the
Board
on
contempts
of
these
Acts
of
State
,
or
Proclamations
,
which
,
he
said
,
he
had
heard
the
Judges
say
to
be
a
kind
of
Law
of
the
Land
,
for
the
present
;
the
Parties
were
Attached
,
brought
to
the
Board
,
and
upon
full
Examination
of
the
Cause
,
and
Proof
of
the
Contempt
,
sometimes
Imprisoned
,
sometimes
Fined
,
according
to
the
Delinquency
and
Degree
of
the
Offence
supposed
to
be
committed
.
Being
asked
of
Fines
in
Cases
between
Party
and
Party
.
He
Answered
,
That
he
doth
not
remember
any
Fine
imposed
in
a
special
Cause
betwixt
Party
and
Party
.
Sir
Adam
Loftus
being
asked
to
the
same
purpose
.
He
Answered
,
It
hath
ever
been
,
since
his
remembrance
,
the
constant
Practise
there
,
in
Causes
of
the
Church
and
Plantation
,
to
proceed
on
Petition
,
Answer
,
&c.
and
Fines
imposed
on
Breakers
of
Publick
Acts
of
State
and
Proclamations
.
But
he
remembers
not
any
Fines
for
Contempts
,
in
case
of
particular
and
private
Interest
.
We
shall
admit
it
to
have
Cognizance
of
matters
of
Plantation
and
Church
,
and
such
as
are
recommended
from
the
King
to
the
Council
here
.
From
these
Proofs
,
I
infer
,
That
the
Council-Board
there
hath
another
Constitution
then
here
,
where
it
is
only
a
Court
of
State
.
I
shall
produce
the
Order
made
in
my
Lord
of
Corke's
Case
,
which
I
observe
to
be
in
the
Case
of
the
Church
,
and
so
within
the
Cognizance
of
Deputy
and
Council
.
The
Order
was
read
,
being
signed
by
Sir
Paul
Davis
,
and
acknowledged
by
my
Lord
of
Corke
to
be
Sir
Paul
Davis's
hand
.
Upon
reading
whereof
,
my
Lord
of
Strafford
observed
,
That
it
appears
to
be
a
Church-Cause
,
That
the
Order
was
just
,
and
that
the
Clause
for
the
Plaintiffs
giving
of
Security
to
answer
the
mean
Profits
,
which
my
Lord
of
Corke
said
was
struck
out
of
the
Order
,
and
for
my
Lord
of
Corke's
liberty
to
bring
his
Action
at
Law
,
only
he
was
limited
to
prosecute
it
within
a
year
.
Mr.
Leake
was
produced
by
my
Lord
of
Strafford
,
and
being
asked
what
Authority
he
hath
known
the
Council-Board
in
Ireland
to
exercise
,
both
before
my
Lord
of
Strafford's
coming
thither
,
and
since
,
in
Causes
of
the
Church
and
Plantation
,
and
concerning
Contempts
to
Proclamations
,
and
Acts
of
State
,
and
what
Countryman
he
is
.
He
Answered
,
That
his
name
is
Leake
of
Leake
,
in
the
County
of
Nottingham
,
where
,
he
said
,
his
Family
hath
continued
400
years
:
That
it
is
14
years
since
he
went
into
Ireland
,
and
before
this
Lords-Deputies
time
;
and
before
that
time
he
did
not
observe
any
restraint
from
Injunctions
on
the
Council-Board
,
till
the
Instructions
published
,
and
they
did
stay
them
.
That
they
proceeded
by
Injunction
,
Process
,
Bill
,
Answer
,
Examination
,
and
other
Courses
,
as
in
the
Chancery
of
England
.
And
since
the
same
course
hath
been
held
.
And
my
Lord
of
Strafford
hath
had
in
the
Castle-Chamber
divers
Causes
of
Law
argued
before
him
concerning
the
Church
,
wherein
one
Chadwick
and
divers
others
were
convented
thirty
times
,
when
he
the
Examinant
was
there
and
heard
them
twenty
he
is
sure
,
but
he
thinks
thirty
.
But
my
Lord
of
Strafford
did
forbear
to
give
Sentence
,
till
he
heard
these
Causes
argued
:
That
14
years
he
hath
been
very
well
versed
in
that
Kingdom
,
that
he
hath
known
Injunctions
have
gone
out
from
thence
to
stay
Proceedings
in
Causes
,
where
they
have
Power
of
Jurisdiction
,
that
he
hath
known
my
Lord
Chancellor
Loftus
that
was
,
to
grant
an
Injunction
without
Bill
,
and
before
any
Complaint
depended
before
him
,
and
that
he
himself
had
the
Injunction
granted
.
Being
asked
about
the
time
of
his
going
into
Ireland
.
He
said
he
went
betwixt
1627.
and
1628.
Whence
observe
,
that
the
Witness
hath
made
an
Observation
of
the
Instructions
five
years
before
he
came
into
Ireland
.
Being
asked
some
other
questions
touching
the
occasion
of
his
going
into
Ireland
,
and
how
he
came
to
take
notice
of
the
Proceedings
there
.
He
Answered
,
He
hath
been
there
at
several
times
,
to
pursue
some
Tenants
of
his
that
fled
into
Ireland
;
and
by
reason
of
the
Suits
and
Petitions
he
prosecuted
in
his
own
Right
,
he
had
occasion
to
enquire
after
Proceedings
there
,
having
been
there
for
the
most
part
of
14
years
.
To
the
Statute
of
28
H.
6.
which
the
Commons
have
pressed
as
a
Rule
for
the
re●ing
of
Causes
to
their
proper
Courts
,
and
to
annihilate
all
These
Proceedings
are
not
against
Magna
Charta
,
they
being
according
to
the
Laws
and
Customs
of
the
Land
;
though
it
be
not
the
Custom
of
England
.
And
if
he
hath
been
an
Innovator
,
it
hath
been
to
conform
Ireland
by
all
ways
he
could
in
Religion
and
Laws
,
to
the
better
and
more
excellent
Pattern
of
England
.
To
the
Objection
made
against
Mr.
Gwyn
,
he
is
altogether
unknown
to
me
,
only
was
recommended
to
me
,
and
here
is
a
Certificate
that
Gwyn
is
Master
of
Arts
;
but
that
was
not
read
,
nor
insisted
on
.
To
the
matter
of
words
Charged
upon
him
.
He
Answered
,
That
words
without
Fact
can
be
no
matter
of
Treason
,
though
of
a
higher
nature
then
these
.
That
words
are
to
be
charged
within
a
limited
time
.
1
E.
6.
Ca.
12.
whereby
it
is
provided
,
That
none
shall
be
Impeached
concerning
Treason
for
words
only
,
if
the
party
,
being
within
the
Realm
,
be
not
accused
within
thirty
days
:
If
out
of
the
Realm
,
within
six
months
,
&c.
Which
Proviso
his
Lordship
read
,
and
reserved
to
his
Council
farther
to
apply
it
.
For
the
words
spoken
to
my
Lord
of
Corke
,
That
neither
Law
nor
Lawyers
should
dispute
my
Orders
.
I
conceive
I
might
justifie
the
speaking
of
them
,
if
the
Orders
,
and
Acts
of
State
be
justly
warrantable
,
and
honourably
made
.
Yet
it
is
improbable
I
should
speak
the
words
,
when
the
Order
refers
it self
to
Law
.
If
they
were
spoken
,
they
are
at
the
highest
indiscreet
and
foolish
;
and
it
is
a
heavy
thing
to
punish
me
for
not
being
wiser
than
God
Almighty
hath
made
me
.
For
the
last
words
,
That
I
would
make
the
said
Earl
and
all
Ireland
know
,
That
so
long
as
I
had
Government
there
,
An
Act
of
State
made
,
or
to
be
made
,
should
be
as
binding
as
an
Act
of
Parliament
.
I
observe
my
Lord
of
Corke's
quick
memory
,
that
could
swear
them
roundly
,
without
missing
a
letter
or
sillable
as
they
are
laid
in
the
Charge
.
That
these
words
are
only
in
the
Charge
,
and
so
only
to
be
answered
to
.
And
for
Answer
,
I
say
,
That
in
case
of
an
Act
done
,
they
may
be
brought
collaterally
,
as
an
inducement
,
to
prove
the
intention
.
But
the
Act
must
be
proved
,
before
they
can
touch
me
as
of
Treason
.
My
Lord
of
Corke
is
a
single
Witness
,
and
by
a
Proviso
,
1
E.
6
Ca.
12.
no
person
,
after
the
first
of
February
then
following
,
is
to
be
Arraigned
,
&c.
of
Treason
,
&c.
for
any
words
to
be
spoken
after
the
said
first
of
February
,
unless
the
Offendor
be
accused
by
two
sufficient
Witnesses
,
or
should
,
without
violence
,
confess
them
.
To
the
words
spoken
of
by
the
other
Witnesses
being
the
same
in
effect
,
I
am
not
to
answer
,
being
extrajudicially
proved
,
and
spoken
in
other
places
and
times
than
I
am
Charged
withall
.
Yet
I
think
they
might
be
fairly
interpreted
:
For
if
an
Act
of
State
be
not
made
against
an
Act
of
Parliament
,
or
a
Fundamental
Law
of
the
Land
,
but
consistent
with
it
,
and
made
by
way
of
provision
for
remedying
some
present
Mischief
in
the
Common-wealth
,
till
the
Parliament
may
provide
Redress
for
it
.
They
are
as
binding
during
the
time
they
are
in
force
,
as
an
Act
of
Parliament
(
though
I
confess
,
the
Comparison
is
not
good
)
because
they
be
made
according
to
Law
and
Justice
;
according
to
the
Fundamental
Laws
of
the
Land
,
wherein
the
Prerogative
of
the
Crown
hath
a
part
,
as
well
as
the
Property
of
the
Subject
:
For
if
the
Propriety
of
the
Subject
,
as
it
is
,
(
and
God
forbid
but
it
should
continue
)
be
the
second
,
undoubtedly
the
Prerogative
of
the
Crown
is
the
first
Table
of
that
Fundamental
Law
,
and
hath
something
more
imprinted
upon
it
:
For
if
it
hath
a
divinity
imprinted
upon
it
,
it
is
God's
Annointed
;
It
is
he
that
gives
the
Powers
.
And
Kings
are
as
Gods
on
Earth
,
higher
Prerogatives
than
can
be
said
,
or
found
to
be
spoken
of
the
Propriety
or
Liberty
of
the
Subject
;
and
yet
they
go
on
hand
in
hand
,
and
long
may
they
do
so
,
long
may
they
go
in
that
Agreement
and
Harmony
,
which
they
should
have
done
hitherto
,
and
I
trust
shall
be
to
the
last
,
not
rising
one
above
another
in
any
kind
,
but
kept
in
their
own
wonted
Channels
.
For
if
they
rise
above
these
heights
,
the
one
or
the
other
,
they
tear
the
Banks
,
and
overflow
the
fair
Meads
equally
on
one
side
and
other
.
And
therefore
I
do
,
and
did
allow
,
and
ever
shall
,
for
my
part
,
desire
they
may
be
kept
at
that
Agreement
and
perfect
Harmony
one
with
another
,
that
they
may
each
watch
for
,
and
not
any
way
watch
over
the
other
.
And
therefore
this
being
a
Care
of
the
Prerogative
,
as
long
as
it
goes
not
against
the
Common
Law
of
the
Land
,
it
is
the
Law
of
the
Land
,
and
binds
,
as
long
as
it
transgresses
not
the
Fundamental
Law
of
the
Land
,
being
made
provisionally
for
preventing
of
a
Temporary
Mischief
,
before
an
Act
of
Parliament
can
give
a
Remedy
.
And
this
Condition
must
be
implyed
,
That
it
must
be
binding
,
provided
it
be
according
to
the
Law
of
the
Land
.
I
instance
in
that
Exception
that
King
Iames
would
take
,
when
a
man
saies
he
will
do
a
thing
as
far
as
he
may
with
Conscience
and
Honour
;
because
in
Persons
of
Conscience
and
Honour
,
those
words
are
always
implied
.
That
the
Wisdom
of
our
Ancestors
hath
prevented
this
Mischief
;
That
for
a
mis-word
,
a
Peer
of
England
should
lose
his
Priviledge
,
being
as
great
as
any
Subjects
that
live
under
a
King
,
that
is
not
a
free
Prince
of
the
Empire
.
And
the
Preamble
of
a
Statute
in
Queen
Elizabeths
time
,
the
very
bent
whereof
is
to
take
away
the
dawning
of
words
,
without
any
further
Act
;
which
Preamble
was
read
to
their
Lordships
.
And
so
I
conclude
,
the
words
were
unwisely
spoken
,
because
they
may
be
brought
to
a
hard
sense
,
but
not
Criminal
,
for
none
of
them
swear
any
thing
done
in
breach
of
the
Law
.
I
except
against
my
Lord
Kilmallock's
swearing
Sir
George
Ratcliffe
to
be
my
Eccho
,
as
if
he
knew
my
thoughts
;
and
against
Mr.
Hoy
,
as
a
party
concerned
in
Interest
,
though
not
in
name
,
in
a
Suit
that
is
or
will
be
brought
against
me
before
your
Lordships
come
to
the
end
of
the
Charge
.
I
confess
Mr.
Waldron's
Testimony
makes
me
stagger
,
being
the
only
person
could
make
me
believe
I
said
the
words
.
I
except
against
Sir
Pierce
Crosbies
Testimony
,
having
been
formerly
Sentenced
in
Star-Chamber
,
and
I
know
what
Sir
Pierce
Crosby
swore
there
,
and
that
I
never
Communed
with
him
so
far
,
as
to
have
such
a
Discourse
,
as
is
mentioned
,
in
all
my
life
.
To
the
Suit
in
the
Castle-Chamber
against
the
Earl
of
Corke
,
on
pretence
of
breaking
an
Order
of
Council-Table
.
I
conceive
it
had
relation
to
an
Order
made
in
King
Iames
his
time
,
20.
March
,
11
Iac.
which
I
desire
may
be
read
,
(
being
now
produced
)
as
also
the
Information
there
exhibited
,
that
so
I
may
justifie
my
Answer
in
that
point
of
it
;
That
the
Suit
was
not
upon
that
Act
alone
,
but
for
other
matters
also
;
but
that
was
admitted
by
the
Committee
.
And
so
the
reading
of
them
was
waved
.
To
that
Point
of
Mr.
Waldron's
Testimony
,
touching
the
offering
of
a
Lease
to
the
Person
concerned
,
rendring
the
half
value
:
I
conceive
this
Circumstance
qualifies
the
words
,
it
being
according
to
Law
.
To
demonstrate
which
,
the
Statue
was
read
.
That
no
Lease
shall
be
granted
,
upon
which
less
is
reserved
to
the
Lessor
(
during
21
years
)
then
the
moiety
of
the
Lands
value
.
And
so
his
Lordship
concluded
his
Defence
,
and
the
Manager
made
Reply
in
substance
as
followeth
.
That
this
Article
proves
my
Lord
of
Strafford's
Intention
to
subvert
the
That
the
long
time
spent
in
maintaining
the
Jurisdiction
of
the
Council-Board
,
is
the
least
part
of
the
Article
.
That
though
these
words
singly
,
be
admitted
not
to
be
Treason
,
yet
several
words
and
actions
must
prove
the
general
Charge
,
of
his
endeavouring
to
subvert
the
Laws
.
To
the
several
Provisoes
in
that
Act
of
Parliament
,
mentioned
by
my
Lord
of
Strafford
,
concerning
words
,
we
observe
,
That
the
words
Charged
are
only
matter
of
Evidence
,
to
his
general
Intention
,
of
subverting
the
Laws
.
And
whereas
he
says
they
are
not
charged
in
time
,
the
Commons
bring
this
as
done
long
ago
,
and
continuing
to
this
day
,
if
he
were
not
prevented
;
so
they
take
him
Flagrante
Crimine
.
To
the
Practise
of
the
Council-Table
before
his
time
,
his
Witnesses
have
proved
their
proceedings
in
Cases
of
the
Church
and
Plantations
.
But
in
other
Cases
we
deny
it
,
for
it
is
contrary
to
Law
.
That
admitting
the
extent
given
by
the
Instructions
to
Church-Causes
(
though
the
Proclamation
hath
no
such
exception
.
)
Yet
it
comes
not
to
the
Case
of
my
Lord
of
Cork
,
who
claimed
the
thing
in
question
as
a
Lay-Impropriation
;
derived
to
the
Crown
,
by
the
Statute
of
Dissolution
.
That
my
Lord
of
Strafford
makes
this
Government
Arbitrary
,
in
threatening
the
Earl
of
Cork
,
to
lay
him
by
the
heels
,
if
he
went
to
Law
,
whereas
the
Order
gave
him
liberty
.
That
the
Original
Order
in
my
Lord
of
Corke's
Cause
was
drawn
,
with
these
words
put
out
,
concerning
Gwyn's
giving
Security
,
and
that
justifies
my
Lord
of
Cork's
Testimony
.
That
notwithstanding
my
Lord
of
Strafford's
justification
of
his
words
,
That
neither
Law
nor
Lawyers
should
question
his
Orders
.
This
is
to
assume
an
Arbitrary
Power
;
for
if
his
Orders
be
legal
,
the
Law
must
justifie
them
,
if
not
,
question
them
.
That
the
words
,
Of
making
an
Act
of
State
equal
to
an
Act
of
Parliament
,
are
proved
by
my
Lord
of
Corke
;
and
those
spoken
are
a
confirmation
of
those
before
,
and
expresly
within
the
Article
.
The
latter
point
thereof
recites
,
that
he
spake
the
words
at
other
times
.
This
altogether
justifie
my
Lord
of
Corke's
Testimony
,
though
a
single
Witness
,
and
prove
that
my
Lord
of
Strafford
hath
made
it
a
habit
to
speak
such
words
.
That
they
have
one
Witness
more
,
and
that
is
my
Lord
of
Strafford
himself
,
who
says
,
He
never
spake
any
thing
but
truth
;
and
said
,
That
he
would
make
an
Act
of
State
equal
to
an
Act
of
Parliament
.
We
desire
,
that
for
the
taking
off
the
Aspersion
cast
on
Sir
Pierce
Crosby
,
my
Lord
of
Castlehaven
may
be
examined
,
touching
the
words
alledged
to
be
spoken
in
his
presence
.
The
Earl
of
Castlehaven
being
sworn
and
examined
touching
the
said
words
,
Answered
,
That
it
is
a
business
past
long
ago
;
and
but
a
Table-discourse
,
and
he
took
not
much
notice
of
the
Circumstances
:
But
as
he
remembers
,
there
fell
a
difference
between
my
Lord
of
Strafford
,
and
Sir
Pierce
Crosby
,
within
three
or
four
months
after
my
Lords
coming
over
;
and
that
as
well
as
he
can
remember
,
my
Lord
of
Strafford
did
say
,
That
an
Act
of
State
was
equal
to
an
Act
of
Parliament
;
but
he
remembers
not
the
occasion
.
That
the
Justice
of
the
Order
in
my
Lord
of
Corke's
Cause
,
is
not
material
,
or
whether
within
the
Jurisdiction
of
the
Council-Table
,
the
That
the
Justification
brought
by
my
Lord
of
Strafford
,
is
an
Aggravation
,
restraining
Liberty
to
Sue
at
Law
,
to
a
year
,
else
to
be
concluded
for
ever
.
Whereas
my
Lord
of
Strafford
says
,
he
hath
spoken
unwisely
,
but
done
nothing
;
sure
he
that
Threatens
doth
something
;
and
his
Actions
will
appear
in
the
next
Articles
.
For
the
Priviledge
of
Peerage
,
It
were
to
be
wished
he
had
known
,
or
remembred
it
sooner
,
in
my
Lord
Mountnorris
his
Case
.
That
though
he
says
,
Acts
of
State
are
to
be
allowed
for
temporary
provision
,
till
an
Act
of
Parliament
,
yet
when
things
are
propounded
,
and
rejected
in
Parliament
,
shall
he
supply
it
by
an
Act
of
State
.
We
desire
to
examine
one
Witness
more
.
The
Earl
of
Strafford
excepting
against
it
,
as
not
regular
,
the
Lords
Adjourned
to
their
House
,
to
take
consideration
of
it
.
And
a
little
after
,
returning
,
the
Lord
Steward
declared
their
Lordships
Roger
Lotts
Sworn
,
and
examined
,
what
words
my
Lord
of
Strafford
Roger
Lotts
a
Witness
.
gave
out
,
when
an
Act
for
Powder
would
not
pass
in
the
Commons
House
;
and
what
Act
of
State
was
thereupon
made
.
He
Answered
,
That
he
had
the
Honour
to
be
one
of
the
Members
of
that
Parliament
that
began
1634.
and
ended
April
1635.
That
at
the
Close
of
that
Parliament
,
my
Lord
of
Strafford
then
Lord
Deputy
,
told
the
House
of
Commons
,
then
sent
for
up
,
That
they
had
Voted
against
some
Bills
in
the
lower
House
,
amongst
the
rest
,
that
of
Gun-powder
;
where
it
was
made
Felony
for
any
man
to
buy
,
or
have
any
,
unless
he
got
a
License
first
for
it
:
That
my
Lord
afterwards
told
them
,
That
notwithstanding
they
had
Voted
against
it
,
yet
he
would
make
that
,
and
some
other
Bills
they
had
Voted
against
,
Acts
of
State
,
that
should
be
as
good
;
and
said
,
he
heard
it
was
done
afterwards
,
but
he
doth
not
know
that
.
This
Witness
is
something
of
Justification
of
my
Lord
of
Corke's
Testimony
;
against
which
,
my
Lord
of
Strafford
hath
made
some
Exception
.
And
the
Lord
Digby
added
something
for
the
Justification
of
my
Lord
of
Killmallocks
Testimony
;
against
which
,
my
Lord
of
Strafford
had
likewise
excepted
.
And
so
the
Reply
was
concluded
.
To
the
Deposition
of
Roger
Lotts
,
my
Lord
of
Strafford
Answered
,
I
had
received
direction
concerning
Powder
;
it
being
not
conceived
fit
,
And
so
the
Lords
Adjourned
.
The
Sixth
day
.
Saturday
,
March
27.
1641.
THE
Fifth
Article
.
The
Charge
.
That
according
to
such
his
Declarations
and
Spéeches
,
the
said
Earl
of
Strafford
did
use
and
exercise
a
Power
above
,
and
against
,
and
THe
Manager
began
to
open
this
Article
,
shewing
,
That
though
my
Lord
of
Strafford
insisted
on
it
,
That
whatever
his
words
And
first
,
It
was
desired
that
the
Sentence
of
Death
against
my
Lord
Mountnorris
,
might
be
read
,
which
was
attested
on
Oath
,
to
be
that
which
was
delivered
by
Mr.
Secretary
Windebanck
,
upon
the
Commons
humble
Suit
to
His
Majesty
,
for
His
leave
,
to
have
a
Copy
thereof
,
That
the
Papers
concerning
my
Lord
Mountnorris
,
might
be
delivered
into
the
House
,
occasioned
upon
my
Lord
Mountnorris
his
Petition
to
the
House
in
that
behalf
.
The
Sentence
was
read
.
Reciting
first
,
His
Majesties
Letter
,
Iuly
21.
then
last
,
wherein
notice
is
taken
of
the
Respect
due
to
the
Deputy
and
General
of
His
Majesties
Army
;
and
of
the
Carriage
of
my
Lord
Mountnorris
,
holding
a
Captains
place
in
the
Army
;
in
uttering
Speeches
,
inciting
a
Revenge
on
the
Earl
of
Strafford
,
Lord
Deputy
,
and
Lord
General
;
and
Command
thereby
given
,
on
receipt
thereof
,
to
call
a
Councel
of
War
;
and
that
the
Lord
Mountnorris
should
undergo
such
censure
,
as
the
said
Councel
of
War
should
impose
,
for
the
Lord
Deputies
full
reparation
.
Secondly
,
That
a
Councel
of
War
was
accordingly
called
;
the
words
are
also
set
forth
,
and
the
occasion
,
as
followeth
,
That
within
three
or
or
four
days
after
the
Lord
Deputy
had
Dissolved
the
Parliament
,
his
Lordship
sitting
in
the
Presence
Chamber
,
one
of
his
Servants
,
in
moving
a
Stool
,
happened
to
hurt
the
Lord
Deputies
Foot
,
then
indisposed
,
through
an
accession
of
the
Gout
,
which
being
spoken
of
at
the
Lord
Chancellors
Table
,
one
said
to
the
Lord
Mountnorris
,
being
there
present
,
it
was
Your
Lordships
Kinsman
,
who
is
one
of
the
Lord
Deputies
Gentlemen
Ushers
,
that
did
it
.
Whereupon
,
the
Lord
Mountnorris
publickly
,
and
in
a
scornful
and
contemptuous
manner
,
answered
,
Perhaps
it
was
done
in
Revenge
of
that
publick
Affront
that
my
Lord
Deputy
did
me
formerly
.
But
I
have
a
Brother
that
would
not
have
taken
such
a
Revenge
.
Thirdly
,
The
Sentence
likewise
sets
forth
,
That
the
Lord
Mountnorris
would
not
Answer
the
said
Charge
negatively
or
affirmatively
,
though
required
by
the
Councel
of
War
.
Fourthly
,
That
thereupon
,
the
Witnesses
,
for
proof
thereof
,
were
called
,
viz.
Viscount
Moore
,
and
Sir
Robert
Loftus
,
who
upon
Oath
deposed
the
same
words
,
to
be
so
then
,
and
there
spoken
;
and
the
Lord
Mountnorris
at
last
,
submitted
himself
to
the
Councel
,
protesting
,
that
whatsoever
interpretation
might
be
put
upon
his
words
,
he
intended
no
hurt
to
the
person
of
his
said
Lordship
;
and
affirmed
,
That
he
would
dye
before
he
would
give
the
Deputy
and
General
occasion
to
give
him
such
a
Rebuke
.
Fifthly
,
That
for
the
nature
of
the
offence
,
It
was
conceived
to
contain
a
Calumny
to
the
Lord
Deputy
and
General
,
insinuating
the
affront
pretended
,
in
these
words
of
my
Lord
Mountnorris's
,
to
be
given
to
the
said
Kinsman
,
and
an
Incitement
to
Revenge
;
and
that
if
the
words
had
been
spoken
of
the
Person
of
the
King
,
it
had
amounted
to
High
Treason
;
which
by
some
rules
of
Proportion
,
might
be
applyed
to
His
Deputy
.
Sixthly
,
That
the
words
were
spoken
when
the
Lord
Deputy
had
the
Honour
to
be
Apparelled
with
his
own
Robes
of
Majesty
and
Soveraignty
;
when
part
of
the
Army
was
in
motion
,
and
the
Lord
Deputy
and
General
present
.
Seventhly
,
That
the
words
were
adjudged
an
apparent
breach
of
the
21st
Article
of
the
Printed
Orders
,
and
Laws
for
War
,
dated
the
13th
of
March
,
1633.
whereby
it
is
Ordered
,
that
no
man
shall
give
any
disgraceful
words
of
any
person
in
the
Army
,
upon
pain
of
Imprisonment
,
publick
Disarming
,
&c.
And
also
of
the
13th
Article
,
That
no
man-shall
offer
Violence
or
Contempt
to
his
Commander
,
or
do
any
act
,
or
speak
any
words
,
to
breed
mutiny
in
the
Army
,
or
Impeach
the
obeying
of
the
principal
Officer
,
upon
pain
of
death
.
Eighthly
,
That
according
to
the
said
Articles
,
the
Counsel
do
unanimously
,
with
one
joynt
consent
,
(
not
one
of
us
of
another
Opinion
)
adjudge
the
said
Lord
Mountnorris
,
for
his
high
and
great
Offence
,
to
be
Imprisoned
,
to
stand
from
henceforth
deprived
of
all
his
Places
,
and
Entertainments
due
,
which
he
holds
in
the
Army
.
To
be
Disarmed
,
to
be
banished
the
Army
,
and
disabled
from
ever
bearing
Office
.
And
lastly
,
to
be
Shot
to
death
,
or
lose
his
Head
at
the
pleasure
of
the
General
.
Given
at
His
Majesties
Castle
at
Dublin
,
December
12.
1635.
Valentia
Cromwell
.
This
Sentence
of
Death
against
a
Peer
,
was
pronounced
by
Martial
Law
,
And
whereas
some
would
have
mitigated
it
,
and
found
him
guilty
of
the
first
Article
,
He
himself
pronounceth
it
,
both
or
none
.
The
whole
proceeding
was
but
half
an
hour
;
no
notice
was
given
before-hand
,
and
my
Lord
Mountnorris
checked
,
for
desiring
to
cross-examine
.
My
Lord
Mountnorris
produced
as
a
Witness
;
some
Exceptions
were
taken
against
him
by
my
Lord
of
Strafford
,
but
were
over-ruled
.
His
Lordship
being
Sworn
,
and
being
directed
to
declare
the
whole
Upon
the
11th
of
December
,
1635.
I
was
warned
by
a
Pursevant
,
late
at
Evening
,
to
attend
my
Lord
Deputy
in
the
Council-Chamber
,
at
a
Council
of
War
next
morning
,
by
Eight
of
the
Clock
.
Coming
thither
accordingly
,
I
found
many
of
the
Council
,
and
Captains
of
the
Army
;
and
having
conferred
with
several
of
the
chief
of
them
,
and
with
my
Lord
Valentia
Cromwell
,
and
others
,
they
said
,
they
knew
not
for
what
that
Council
of
War
was
summoned
;
after
a
whiles
stay
,
my
Lord
Deputy
came
into
the
Room
,
and
sat
down
at
the
Boards
end
,
and
commanded
the
rest
to
sit
down
;
where
my self
,
that
had
the
Honour
to
be
His
Majesties
Vice-Treasurer
,
by
His
Grace
and
Goodness
,
sate
in
my
place
:
After
all
were
set
,
my
Lord
Deputy
exprest
,
he
had
called
that
Court
to
do
himself
Right
and
Reparation
against
my
Lord
Mountnorris
.
At
those
words
,
I
rose
up
from
my
place
,
and
humbly
presented
my self
at
the
Boards
end
,
as
the
manner
is
,
near
his
Lordship
;
who
making
some
Speech
,
about
words
uttered
by
me
shortly
after
the
preceding
Parliament
,
which
was
April
18.
1635.
and
the
words
spoken
within
three
or
four
days
after
,
took
a
Paper
in
his
hand
,
and
out
of
that
,
read
the
words
wherewith
he
charged
me
;
to
the
effect
,
I
conceive
,
as
they
are
mentioned
in
the
Sentence
.
After
his
Lordship
had
read
them
,
he
demanded
of
me
,
whether
I
would
confess
them
,
or
deny
them
.
I
did
humbly
desire
,
I
might
have
the
Charge
in
writing
,
that
I
might
Answer
it
by
advice
of
Learned
Counsel
,
the
words
being
charged
to
be
spoken
long
before
,
and
it
was
hard
to
Answer
them
suddenly
.
His
Lordship
Answered
,
That
was
not
the
course
of
a
Martial
Court
,
I
must
Answer
directly
.
I
did
several
times
desire
I
might
have
the
Charge
in
writing
;
and
my
Lord
of
Strafford
answered
in
the
same
kind
,
That
I
must
Answer
,
whether
I
would
confess
,
or
deny
them
.
Two
or
Three
of
the
Counsel
of
War
spoke
something
also
to
that
purpose
;
as
I
remember
,
the
Lord
Cromwell
for
one
,
and
Sir
Ch.
Coote
,
and
Sir
Iohn
Burlacy
;
who
intimated
,
that
the
manner
was
,
I
must
confess
them
,
or
deny
them
.
Standing
a
while
silent
,
my
Lord
Deputy
said
,
He
thought
they
must
proceed
against
me
as
a
Mute
;
for
he
will
not
Answer
,
and
therefore
they
must
take
them
for
granted
.
I
said
over
again
what
I
had
said
before
,
and
desired
I
might
have
my
Charge
in
writing
;
and
that
I
might
have
Advice
of
Counsel
,
that
I
might
be
used
as
a
Peer
of
the
Realm
,
and
an
Officer
of
the
Crown
;
and
still
his
Lordship
denied
,
That
must
not
be
,
It
was
not
the
Order
of
a
Martial
Court
.
I
replyed
,
and
told
the
Lord
Deputy
,
I
had
seen
it
otherwise
in
a
Martial
Court
in
England
,
between
my
Lord
Reas
and
Ramzie
,
where
the
Cause
was
debated
by
the
Advocates
in
writing
.
The
Lord
Deputy
told
me
again
,
That
must
not
be
,
I
must
Answer
directly
;
and
hereupon
,
the
Lord
Deputy
caused
His
Majesties
Letter
,
dated
the
last
of
Iuly
,
to
be
read
;
and
when
that
was
read
,
required
me
to
make
Answer
:
I
confess
,
I
was
amazed
at
hearing
of
this
Letter
,
and
was
much
grieved
;
and
with
Humility
and
Grief
,
expressed
on
my
Knees
what
Sorrow
it
had
wrought
on
me
;
and
that
I
had
never
willingly
Offended
His
Majesty
,
or
His
Laws
:
And
declared
,
that
I
had
been
mis-represented
to
His
Majesty
,
and
those
Letters
were
got
by
mis-information
;
and
humbly
desired
a
Copy
of
those
Letters
,
and
the
Charge
,
that
I
might
Answer
by
writing
;
and
that
His
Majesty
might
know
my
Answer
before
further
Proceedings
.
His
Lordship
upon
that
,
rebuked
me
with
worse
Language
than
was
fit
to
be
used
to
a
meaner
man
,
and
not
a
Peer
,
that
desired
but
Law
and
Justice
.
The
Lord
Deputy
told
me
,
I
was
not
mis-represented
to
His
Majesty
;
for
himself
had
represented
me
,
and
that
matter
,
to
His
Majesty
;
and
he
did
not
use
to
mis-represent
any
thing
:
And
then
directly
required
me
,
whether
I
would
confess
them
,
or
deny
them
.
If
not
,
he
would
prove
them
on
Oath
;
and
thereupon
my
Lord
Deputy
called
for
my
Lord
Moore
,
sitting
at
Board
with
him
,
and
required
him
to
give
his
Testimony
;
who
had
an
Oath
given
him
by
the
Lord
Deputies
command
,
by
the
Clerk
of
the
Council
;
and
referred
himself
to
what
he
and
Sir
Robert
Loftus
had
long
before
put
under
their
hands
:
Thereupon
the
Lord
Deputy
gave
that
Paper
to
the
Clerk
of
the
Council
to
read
;
which
was
the
Paper
the
Lord
Deputy
held
in
his
hand
,
and
out
of
which
he
had
read
the
Charge
:
And
that
being
shewed
to
my
Lord
Moore
,
he
said
,
to
his
best
remembrance
those
were
the
words
spoken
.
Sir
Robert
Loftus
was
also
called
in
,
and
he
being
required
to
give
his
Testimony
,
referred
himself
to
that
which
he
and
my
Lord
Moore
had
put
under
their
hands
;
and
being
shewed
him
,
with
his
hand
to
it
,
he
affirmed
it
.
Then
my
Lord
Deputy
asked
me
,
what
I
could
now
say
,
since
the
words
were
proved
to
my
face
:
I
humbly
told
his
Lordship
,
and
made
solemn
protestation
,
and
offered
to
take
my
Oath
,
That
I
did
never
speak
the
words
,
as
I
was
able
to
prove
by
several
Witnesses
;
and
desired
,
That
the
Lord
Chancellor
(
at
whose
Table
they
were
spoken
)
and
Judge
Martial
of
the
Kingdom
,
then
in
Town
,
might
be
summoned
to
give
his
Testimony
for
truth
,
and
Sir
Adam
Loftus
his
Son
,
and
near
twenty
others
;
and
desired
they
might
be
examined
in
the
Cause
;
and
that
I
was
well
able
to
prove
,
that
the
words
charged
to
be
spoken
by
me
,
were
not
spoken
by
me
,
but
by
others
,
as
to
that
part
that
concerns
the
Affront
;
but
his
Lordship
refused
me
to
have
any
examined
.
Being
asked
,
whether
all
the
Army
was
then
on
the
march
,
as
my
Lord
of
Strafford
had
said
in
his
Answer
.
He
Answered
,
There
was
at
that
time
three
,
or
four
,
or
five
Companies
,
I
am
not
able
to
say
how
many
.
When
my
Witnesses
were
refused
,
and
I
had
made
my
protestation
,
that
I
had
not
spoken
them
,
and
was
ready
to
prove
it
,
(
my
Lord
Deputy
Answered
,
That
he
knew
my
Oathes
and
Protestations
well
enough
)
I
took
Exception
to
the
Testimony
of
the
Lord
Moore
,
and
Sir
Robert
Loftus
,
as
I
might
in
a
Legal
way
.
But
my
Lord
Deputy
rebuked
me
,
and
spoke
in
commendation
of
them
;
and
bid
my
Lord
Moore
sit
down
now
,
and
be
one
of
my
Judges
:
And
thereupon
commanded
me
to
withdraw
,
which
I
did
,
and
went
out
into
a
Gallery
by
,
where
I
stayed
about
the
space
of
half
an
hour
,
I
think
not
more
,
I
am
sure
not
an
hour
;
and
was
then
called
in
,
and
at
the
beginning
,
was
required
to
Kneel
as
a
Delinquent
;
which
I
conceived
I
was
not
,
having
endeavoured
always
to
shew
my self
a
faithful
Officer
.
Then
my
Lord
Deputy
commanded
Sir
Charles
Coote
to
pronounce
the
Sentence
,
as
Provost
Martial
of
Connaught
;
which
he
did
briefly
,
in
effect
as
in
the
Sentence
:
And
my
Lord
Deputy
took
occasion
to
make
a
Speech
,
and
told
me
invectively
enough
,
(
amongst
other
things
)
there
remained
no
more
now
,
if
he
pleased
,
but
to
cause
the
Provost
Martial
to
do
Execution
.
But
withall
added
,
That
for
matter
of
Life
,
he
would
supplicate
His
Majesty
.
And
I
think
he
said
,
he
would
rather
lose
his
Hand
,
than
I
should
lose
my
Head
;
which
I
took
to
be
the
highest
scorn
,
to
compare
his
the
Lord
Deputies
Hand
,
with
my
Head
:
I
said
,
I
never
did
,
and
hoped
I
never
should
,
endanger
my
Head
by
Offending
His
Majesties
Laws
.
I
was
hereupon
commanded
to
be
taken
to
Prison
,
by
the
Constable
of
the
Castle
,
who
took
me
thence
away
;
what
past
in
the
time
of
my
absence
,
I
knew
not
;
but
the
Articles
I
was
charged
with
breach
of
,
were
not
declared
,
nor
I
urged
to
Answer
;
if
I
had
,
I
could
have
Answered
,
I
knew
of
no
such
Articles
,
nor
ever
saw
them
,
till
Iune
1636.
published
by
his
own
Authority
;
and
made
in
time
of
War
:
And
though
made
for
regulating
of
the
Army
,
yet
were
never
put
in
practice
;
And
on
a
Conference
with
some
of
the
Council
of
War
,
I
was
informed
,
they
differed
in
Opinion
amongst
themselves
;
and
some
moved
,
both
the
Articles
might
not
be
pressed
;
And
his
Lordship
Answered
,
he
would
have
both
or
none
.
Being
asked
on
my
Lord
of
Straffords
motion
,
how
long
after
the
Sentence
given
,
he
remained
a
Prisoner
in
the
Castle
:
I
was
Committed
the
12th
,
and
remained
until
the
18th
,
and
was
not
Being
asked
on
the
Committees
behalf
,
whether
he
was
not
taken
to
Prison
again
;
and
how
long
he
continued
in
Prison
for
this
Cause
.
I
continued
at
my
House
,
and
was
very
ill
;
and
after
that
several
times
,
was
called
to
the
Council-Table
by
my
Lord
Deputy
;
and
an
Information
And
I
was
imprisoned
again
the
11th
of
April
;
being
sent
for
to
my
House
,
and
found
with
my
Counsel
about
me
,
preparing
my
Answer
in
the
best
manner
I
could
;
and
the
Advice
was
,
I
should
demurr
to
that
Information
,
because
I
stood
under
the
Sentence
of
death
:
I
was
carried
by
the
Constable
to
the
Castle
,
and
brought
before
my
Lord
Deputy
;
and
the
said
11th
of
April
1636.
was
committed
close
Prisoner
;
and
there
continued
till
the
second
of
May
:
And
I
knew
no
other
cause
,
but
that
I
had
(
as
he
said
)
neglected
the
Kings
Grace
;
and
had
sent
my
Wife
into
England
,
and
transgressed
a
Proclamation
.
To
which
I
answered
,
I
had
not
transgressed
it
;
that
my
Wife
was
full
of
Grief
at
my
Calamities
:
and
I
had
sent
her
to
save
my
Life
.
Then
my
Lord
Deputy
told
me
,
that
I
had
refused
the
Kings
Grace
offered
me
,
in
not
accepting
his
Pardon
;
which
I
thought
not
Legal
for
me
to
take
:
And
thereupon
Committed
me
.
Being
asked
on
the
Lord
Lieutenants
motion
,
whether
the
Council
were
not
present
;
He
Answered
,
Some
of
the
Council
were
present
;
but
my
Lord
Committed
Being
asked
again
about
the
time
of
his
Commitment
;
I
was
first
Committed
the
12th
of
December
,
let
go
the
18th
to
my
House
;
Committed
again
the
11th
of
April
,
put
out
the
second
of
May
:
I
was
then
in
great
Extremity
,
and
admitted
to
my
House
again
;
where
I
lay
in
a
long
continuing
sickness
,
and
under
the
hands
of
Physitians
:
And
the
30th
of
Ianuary
afterwards
,
because
I
sued
not
out
the
Pardon
,
was
imprisoned
again
,
and
there
continued
till
March
1637.
The
Lord
Dillom
was
called
,
and
after
some
exception
taken
by
my
He
Answered
,
That
he
was
present
at
the
Council
,
on
Summons
to
be
there
;
and
the
Council
being
set
,
as
a
Council
of
War
,
my
Lord
of
Strafford
did
shew
what
they
were
called
for
;
and
did
set
forth
some
Injuries
he
conceived
done
him
by
my
Lord
Mountnorris
.
Upon
that
my
Lord
Mountnorris
was
spoken
to
,
and
much
interlocution
there
was
,
before
he
would
say
he
did
speak
the
words
,
or
deny
them
;
and
after
much
debate
to
and
fro
,
the
Witnesses
were
called
in
,
my
Lord
Moore
,
and
Sir
Robert
Loftus
;
and
they
did
testifie
the
words
in
the
Charge
,
upon
Oath
;
much
debate
there
was
;
to
call
every
particular
to
remembrance
he
cannot
at
this
present
,
but
as
near
as
he
can
he
will
,
that
was
before
my
Lord
Mountnorris
withdrew
;
and
after
his
withdrawing
,
and
some
Speeches
to
the
Council
of
War
,
they
came
to
Voting
;
and
in
the
Voting
,
there
was
never
a
man
,
to
his
remembrance
,
in
giving
his
Vote
on
both
Articles
,
but
did
profess
he
gave
it
in
a
confidence
,
that
there
should
be
Mercy
extended
to
my
Lord
Mountnorris
;
and
with
an
Intercession
,
that
he
might
find
Mercy
from
His
Majesty
:
And
when
the
Votes
were
all
past
,
my
Lord
of
Strafford
stretched
forth
his
right
Arm
,
and
protested
he
had
rather
have
his
Arm
cut
off
,
or
lose
his
right
Arm
,
than
my
Lord
Mountnorris
should
lose
a
hair
of
his
Head
,
or
a
drop
of
his
Blood
,
for
that
cause
;
and
that
he
would
write
to
His
Majesty
,
to
supplicate
Him
for
Mercy
.
Being
asked
on
the
Committees
motion
,
whether
my
Lord
of
Strafford
did
not
publish
,
he
had
acquainted
His
Majesty
with
it
,
and
they
were
called
together
to
give
Reparation
of
some
Injuries
done
to
himself
.
He
Answered
,
My
Lord
made
a
long
Speech
at
that
time
,
setting
forth
the
Charge
,
and
making
mention
of
His
Majesties
Letter
,
and
His
Majesties
Letter
was
read
;
and
he
did
understand
by
my
Lord
Deputy
,
it
was
to
give
Reparation
;
but
the
particular
words
,
on
his
Oath
he
doth
not
remember
.
Being
asked
,
whether
(
some
of
the
Council
moving
they
might
proceed
on
the
Article
that
did
not
extend
to
Life
)
my
Lord
of
Strafford
did
not
reply
,
Nay
both
.
He
Answered
,
That
he
remembers
very
well
it
was
proposed
to
the
Council
of
War
,
that
they
were
to
judge
on
both
Articles
.
And
being
asked
by
whom
:
He
said
,
he
will
Ingeniously
answer
,
he
believes
my
Lord
of
Strafford
did
;
but
specially
to
say
,
who
,
or
in
what
manner
,
he
cannot
.
Being
asked
,
whether
the
Evidence
given
against
my
Lord
Mountnorris
,
was
not
written
in
a
Paper
,
drawn
out
by
my
Lord
of
Strafford
;
and
that
the
Witnesses
referred
to
that
wholly
:
He
Answered
,
He
did
see
a
piece
of
Paper
in
my
Lord
of
Straffords
hand
;
and
believes
it
was
some
note
for
his
remembrance
,
what
it
was
,
he
knows
not
;
and
when
the
Witnesses
were
brought
in
,
there
was
a
paper
to
which
they
had
set
their
hands
of
the
words
spoken
.
Being
asked
other
questions
successively
,
touching
the
pressing
of
the
Councels
proceedings
on
the
Article
only
,
that
touched
not
death
;
and
whether
my
Lord
of
Strafford
wished
them
to
proceed
on
both
:
He
Answered
,
He
remembers
it
not
so
prest
on
that
occasion
;
nor
doth
he
remember
whether
such
a
Provision
was
made
,
That
the
Proceedings
should
be
on
the
Article
that
touched
not
Life
.
Being
asked
,
whether
any
beside
my
Lord
of
Strafford
moved
,
they
might
proceed
on
both
Articles
.
He
Answered
,
He
remembers
in
the
debate
,
the
manner
of
proceeding
was
spoken
of
;
and
to
his
best
remembrance
,
by
the
Discipline
and
Rule
of
the
Army
,
it
was
said
,
he
was
to
be
proceeded
against
on
both
.
Being
asked
on
my
Lord
of
Straffords
motion
,
whether
the
Earl
of
Strafford
did
not
in
plain
and
direct
terms
say
,
He
would
not
be
a
Judge
in
that
Cause
,
nor
give
a
Vote
by
any
means
:
He
Answered
,
He
remembers
he
gave
no
Vote
,
and
being
more
than
five
years
since
,
the
special
words
he
doth
not
remember
;
but
in
general
,
after
he
had
set
forth
the
Injuries
done
to
himself
,
he
profest
,
he
would
give
no
Vote
,
but
left
it
to
the
Council
.
Being
asked
on
the
Lord
of
Straffords
motion
,
whether
he
did
not
desire
the
Council
of
War
,
but
to
proceed
as
to
any
other
Officer
in
the
Army
;
and
what
Sentence
they
should
give
,
he
would
not
take
ill
.
He
Answered
,
When
my
Lord
Mountnorris
was
withdrawn
he
spake
not
a
word
,
but
did
when
he
came
in
again
:
He
doth
not
remember
the
words
.
Being
asked
whether
the
Army
was
not
a
great
part
of
it
in
Dublin
,
and
in
motion
,
and
daily
exercised
,
when
the
words
were
spoken
by
my
Lord
Mountnorris
.
He
Answered
,
He
cannot
tell
precisely
whether
the
most
part
was
there
;
but
there
was
a
part
of
the
Army
there
,
and
they
did
exercise
.
Being
asked
on
the
motion
of
the
Committee
,
whether
the
Sentence
he
approved
so
well
of
,
he
thanked
them
for
it
.
He
Answered
,
That
he
doth
not
remember
any
special
words
;
but
he
thinks
,
in
Civility
he
would
do
it
.
Being
further
asked
,
whether
,
after
my
Lord
Mountnorris
was
withdrawn
,
my
Lord
of
Strafford
did
not
continue
in
his
place
,
and
sit
at
the
Table
end
amongst
the
Council
.
He
Answered
,
I
do
really
believe
he
did
so
.
The
Lord
Strafford
confessed
he
did
,
when
the
Votes
were
delivered
;
but
desired
the
Lord
Dillom
might
be
asked
,
whether
he
sate
only
as
a
party
,
not
as
a
Judge
;
and
sate
bare
through
the
whole
proceeding
of
the
Cause
.
He
Answered
,
He
doth
not
remember
it
particularly
,
whether
he
sate
bare
all
the
while
;
for
it
is
long
ago
,
and
he
did
not
heed
it
.
The
Lord
Ranulagh
being
asked
,
whether
he
was
present
at
the
Lord
Mountnorris
his
Sentence
;
and
whether
my
Lord
Strafford
declared
,
they
He
Answered
,
That
in
this
particular
my
Lord
of
Strafford
was
Nobly
pleased
to
mention
his
tenderness
of
my
Lord
Dillom
,
least
he
should
be
his
own
accuser
,
He
was
pleased
to
mention
something
the
other
day
,
wherein
he
had
tenderness
of
him
;
That
he
shall
be
as
little
fearful
to
speak
the
truth
in
this
Cause
,
as
in
that
,
having
been
required
by
their
Lordships
;
as
presuming
he
hath
done
nothing
but
what
he
may
justifie
;
That
for
that
particular
question
,
he
hath
been
heretofore
examined
in
some
particulars
of
it
;
and
shall
now
,
with
the
best
of
his
memory
repeat
,
and
offer
to
their
Lordships
,
according
to
his
weakness
,
every
passage
in
it
.
That
he
was
summoned
to
appear
in
the
Council-Chamber
;
and
,
as
he
takes
it
,
it
was
December
12.
1635.
That
being
there
,
my
Lord
sate
in
a
Council
of
War
,
and
he
(
amongst
others
)
having
the
Honour
to
wait
on
him
,
my
Lord
Mountnorris's
name
being
mentioned
after
he
was
set
at
the
Board
,
arose
,
and
stood
as
near
my
Lord
Deputies
Person
,
as
was
fit
for
him
,
towards
the
upper
end
of
the
Table
:
And
there
stood
charged
with
several
dis-respectful
words
spoken
by
him
;
and
the
words
mentioned
in
the
Censure
that
was
read
,
were
the
words
;
That
he
was
charged
to
have
spoken
those
words
in
breach
of
certain
Articles
,
by
which
the
Army
of
Ireland
was
Governed
,
the
13th
and
the
41st
,
That
there
was
much
interlocution
from
my
Lord
Deputy
to
my
Lord
Mountnorris
,
and
returned
from
my
Lord
Mountnorris
to
my
Lord
;
the
substance
was
,
That
he
was
ready
to
give
his
Charge
,
That
he
had
violated
those
Articles
,
That
my
Lord
Mountnorris
desired
time
to
answer
by
Counsel
;
and
that
he
might
have
his
Charge
in
writing
.
That
being
not
readily
granted
,
he
insisted
on
it
,
That
he
might
have
time
to
prepare
his
Answer
,
but
was
told
,
it
was
contrary
to
the
form
of
that
proceeding
;
But
whether
that
Objection
of
the
form
,
came
from
my
Lord
himself
,
or
from
some
other
Member
of
the
Board
that
I
heard
before
named
,
I
cannot
possibly
say
.
But
thus
stands
the
state
of
it
,
my
Lord
Mountnorris
neither
confessing
nor
denying
the
Charge
,
my
Lord
Deputy
replyed
,
Sir
,
If
you
do
neither
confess
nor
deny
the
Charge
,
how
shall
we
proceed
?
The
Deputy
called
on
the
Lord
Moore
,
and
said
,
What
shall
we
say
to
this
business
?
My
Lord
,
saith
the
Lord
Moore
,
what
I
can
say
,
is
under
my
Hand
;
That
a
little
time
after
,
a
Letter
was
read
from
the
King
,
whereby
His
Majesty
was
pleased
to
give
direction
to
proceed
in
a
Martial
Court
,
for
Reparation
and
Honour
of
the
Lord
Deputy
,
on
the
Complaint
and
Information
given
to
the
King
.
That
my
Lord
Mountnorris
instantly
fell
on
his
Knees
,
expressing
a
great
deal
of
Grief
and
Sorrow
,
and
in
truth
Passion
,
and
had
not
much
to
say
for
himself
;
and
soon
after
,
was
bid
to
withdraw
;
and
being
withdrawn
,
my
Lord
Deputy
said
,
That
as
he
had
complained
to
the
King
,
so
he
would
expect
that
Honour
from
the
Board
,
That
his
Cause
should
be
taken
into
consideration
,
and
such
Redress
given
as
was
fit
;
He
demanded
Justice
according
to
the
Articles
insisted
on
:
And
having
declared
it
,
there
was
a
silence
amongst
us
for
some
time
;
That
he
was
the
first
that
brake
that
silence
;
and
in
as
humble
manner
and
terms
as
he
could
light
upon
,
did
humbly
desire
my
Lord
Deputy
to
give
him
leave
,
to
ask
whether
he
would
give
leave
to
wave
either
of
those
Articles
;
but
my
Lord
said
,
he
would
demand
Justice
on
both
.
That
this
being
so
,
there
was
some
Interlocution
of
discourse
among
the
Council
,
and
in
truth
he
thinks
,
that
he
was
one
of
the
first
that
said
,
that
these
Articles
,
and
the
words
,
cannot
bear
so
good
a
construction
,
but
that
there
may
be
some
danger
of
a
breach
upon
these
Articles
.
Being
asked
whether
the
words
were
not
represented
to
the
Council
of
War
in
a
Paper
written
,
and
the
Testimony
given
in
pursuance
of
that
Paper
.
He
Answered
,
That
as
he
remembers
,
my
Lord
Moore
having
made
a
return
to
my
Lord
Deputy
,
My
Lord
,
What
I
can
say
,
your
Lordship
hath
under
my
hand
;
he
thinks
my
Lord
Deputy
said
,
My
Lord
,
if
you
deny
it
,
I
have
it
under
your
hand
to
shew
.
And
thereupon
(
as
he
remembers
)
the
Clerk
of
the
Council
standing
by
,
had
direction
to
draw
up
some
Interrogatories
,
which
my
Lord
Moore
did
acknowledge
;
and
Sir
Robert
Loftus
too
did
affirm
,
that
they
were
spoken
by
my
Lord
Mountnorris
,
as
much
as
was
mentioned
in
the
Paper
.
Being
asked
how
many
Companies
of
the
Army
were
then
in
Town
;
how
many
in
a
Company
;
and
whether
they
were
exercised
in
a
more
than
ordinary
Training
;
and
how
many
Companies
the
Army
consists
of
:
He
Answered
,
That
he
thinks
the
Horse-Troops
were
40
,
or
50
at
the
most
;
some
my
Lords
own
.
The
Foot-Companies
were
50.
And
of
those
Companies
there
were
(
he
takes
it
)
two
Horse-Troops
,
besides
my
Lord
's
own
Troop
,
and
four
Foot-Companies
;
they
were
called
up
to
guard
and
attend
our
Occasions
in
Parliament
,
and
they
did
their
Duties
as
Souldiers
every
day
,
as
indeed
my
Lord
of
Strafford
was
careful
of
well
exercising
the
Army
as
any
General
he
ever
saw
;
and
there
are
forty
Companies
of
the
old
standing
Army
.
Being
asked
on
my
Lord
of
Straffords
Motion
,
Whether
my
Lord
of
Strafford
did
not
declare
he
would
not
give
Judgment
in
the
Cause
,
but
Appeal
to
them
as
a
Suitor
for
Reparation
.
He
Answered
,
That
my
Lord
of
Strafford
held
them
to
the
Point
of
the
Articles
,
demanding
Justice
on
the
Articles
;
that
he
said
sometimes
,
he
would
depend
on
our
Judgment
in
it
,
and
yet
he
would
hold
us
to
the
Point
of
the
Articles
.
And
further
,
that
if
there
were
not
a
necessity
of
his
being
there
,
he
would
have
withdrawn
too
.
But
my
Lord
would
not
give
the
Council
a
latitude
to
proceed
according
to
the
King's
Letter
for
Reparation
,
but
he
held
them
to
the
Point
of
the
Articles
.
Being
asked
on
my
Lord
of
Strafford's
Motion
,
Whether
he
did
not
tell
my
Lord
Mountnorris
,
when
he
went
out
of
the
Room
,
that
he
would
not
speak
a
word
till
he
came
into
the
Room
again
,
and
whether
he
did
not
do
it
accordingly
;
and
whether
he
sate
bare
all
the
while
as
a
Party
,
and
not
as
a
Judge
.
In
answer
,
he
desired
leave
to
offer
to
their
Lordships
,
that
he
acquainted
their
Lordships
before
;
that
as
soon
as
my
Lord
Mountnorris
was
withdrawn
,
my
Lord
did
declare
what
he
the
Lord
Renula
had
formerly
said
.
But
after
the
Council
fell
into
debate
of
it
,
he
spake
not
a
word
,
nor
gave
any
interruption
.
And
he
cannot
positively
say
,
that
he
sate
bare
all
the
while
.
Being
asked
,
Whether
this
was
not
in
the
time
of
full
Peace
,
and
whether
any
Rebels
or
Enemies
were
in
the
Kingdom
.
He
Answered
,
Certainly
it
was
a
time
of
very
full
and
happy
Peace
.
To
prove
,
that
in
discourse
concerning
this
Sentence
,
my
Lord
said
afterwards
,
The
Earl
of
Cork
being
asked
to
that
purpose
.
Answered
,
That
all
he
can
remember
is
,
that
the
Sentence
was
publickly
read
in
the
Star-Chamber
,
and
my
Lord
said
,
He
would
not
lose
his
Share
in
the
Honour
of
it
,
but
he
cannot
remember
the
day
.
Lord
Viscount
Dillon
asked
to
that
purpose
.
Answered
,
That
he
happened
to
be
in
the
Star-Chamber
that
day
,
by
my
Lord
of
Strafford's
Command
,
and
carried
the
Sword
that
day
.
That
the
reading
of
the
Sentence
he
remembers
not
,
but
the
words
he
heard
,
That
the
Sentence
given
against
my
Lord
Mountnorris
,
by
the
Council
of
War
,
was
a
noble
and
just
Sentence
,
and
for
his
part
he
would
not
lose
his
share
of
the
Honour
of
it
.
The
Commons
proceeded
to
that
part
of
the
Charge
,
which
concerns
the
execution
of
another
man
by
Martial
Law
.
William
Castigatt
sworn
,
being
asked
several
questions
touching
that
William
Castigatt
a
Witness
.
part
particularly
,
Whether
he
knew
one
executed
by
Martial
Law
,
and
by
whom
?
&c.
He
Answered
,
Yes
,
his
name
was
Thomas
Denewitt
,
and
it
was
last
Summer
was
two
years
,
that
he
was
on
the
Green
,
when
he
was
hanged
,
and
they
were
born
in
the
same
Town
:
He
said
,
he
knew
not
what
Martial
Law
is
,
but
he
was
hanged
on
one
of
the
bows
of
a
growing
Tree
,
and
he
takes
it
my
Lord
of
Strafford
was
present
;
he
added
,
that
all
the
Souldiers
were
there
,
and
the
Company
;
but
knows
not
whether
he
was
condemned
by
a
Jury
or
no.
And
he
heard
that
he
was
hanged
for
a
quarter
of
Beef
,
that
he
,
and
some
of
the
Company
took
away
.
Lord
Viscount
Dillon
being
asked
,
If
he
knew
of
the
Execution
of
the
He
Answered
,
He
did
not
know
that
man
by
name
that
was
hanged
,
but
it
was
by
Martial
Law
.
And
he
,
and
another
noble
Lord
that
sits
here
,
were
Suitors
for
him
to
my
Lady
,
and
she
told
them
,
she
did
endeavour
,
but
could
not
prevail
for
a
Pardon
.
That
it
was
a
little
before
the
500
men
went
to
Carlisle
,
out
of
Ireland
.
That
he
was
not
present
at
the
Trial
,
but
saw
him
hanged
on
the
Green
at
Dublin
on
a
Tree
,
and
knows
not
his
name
;
and
he
conceives
the
Provost-Marshal
,
or
the
Provost-Marshal's
Son
did
Execution
,
for
they
were
there
both
of
them
.
That
the
Cause
was
double
,
as
he
heard
,
for
which
he
was
condemned
;
for
flying
from
his
Colours
,
and
for
stealing
some
Beef
.
Patrick
Gough
sworn
,
and
asked
to
the
same
purpose
as
before
.
a
Witness
.
He
Answered
,
That
he
remembers
about
the
time
of
the
500
Souldiers
sending
to
Carlisle
,
and
the
Army
in
Dublin
,
this
man
was
executed
by
the
Provost-Marshal's
Son
,
and
on
a
Tree
,
and
that
time
two
other
Souldiers
were
whipt
.
The
voice
of
the
Report
was
,
He
was
hanged
for
a
quarter
of
Beef
,
and
running
away
from
his
Colours
.
Lord
Renula
asked
what
Answer
was
given
,
when
a
motion
was
made
that
this
man
should
be
tried
at
Law
.
He
Answered
,
That
he
was
warned
to
come
to
a
Marshalls
Court
,
and
the
Messenger
came
so
late
,
that
he
came
not
timely
enough
to
give
his
Vote
in
the
Court
.
That
he
came
when
the
matter
was
fully
heard
,
and
having
done
his
duty
to
the
Lord-Deputy
,
sate
down
behind
the
Chair
.
That
there
were
some
controverted
Opinions
concerning
the
condemnation
of
the
man
.
The
Lord-Deputy
was
pleased
to
desire
his
Opinion
,
and
stated
the
Evidence
to
him
,
as
it
appeared
before
the
Court
,
which
,
to
his
remembrance
,
stood
thus
;
The
party
was
accused
to
have
stollen
some
Beef
;
and
charged
to
have
run
from
his
Colours
,
which
was
the
reason
of
the
parties
being
called
thither
,
as
he
conceived
.
And
it
was
thus
,
coming
to
his
Lieutenant
to
demand
his
Pay
(
if
he
be
not
mistaken
,
and
if
he
be
,
he
should
be
glad
to
be
certified
by
any
,
)
the
Officer
said
,
He
had
it
not
;
then
he
desired
to
be
Discharged
,
Then
go
and
be
hanged
,
said
the
Officer
;
and
thereupon
left
his
Colours
,
yet
left
his
Musket
with
his
Corporal
.
That
for
the
Beef
,
it
seems
the
Fact
was
clear
,
that
this
was
when
a
Regiment
of
Foot
was
to
be
transmitted
to
Carlisle
,
and
were
at
Dublin
attending
their
Transportation
hence
.
That
he
the
said
Lord
Renula
was
desired
to
inform
himself
of
the
particular
charged
upon
his
going
from
his
Colours
.
The
thing
in
his
excuse
was
,
The
Officer's
bidding
him
go
and
be
hanged
,
and
leaving
his
Musket
:
That
therefore
he
,
the
Lord
Renula
,
did
the
rather
advise
he
should
be
tried
by
the
Law
,
than
in
that
Court
:
That
he
doth
not
conceive
the
Sentence
was
made
certain
before
he
came
in
,
and
if
he
be
not
mistaken
,
there
is
a
Noble
Peer
of
this
House
sate
in
that
Council
,
and
he
is
sure
,
that
he
(
the
said
Peer
)
offered
Reasons
why
he
should
not
die
for
that
Fact
,
for
he
heard
him
argue
it
so
,
and
that
is
my
Lord
Conway
.
Lord
Conway
was
sworn
,
and
asked
his
knowledge
of
this
.
He
Answered
,
That
he
hath
been
asked
of
this
heretofore
,
and
therefore
is
something
more
in
his
memory
than
otherwise
it
would
have
been
,
for
he
had
almost
forgot
it
,
and
it
is
very
imperfectly
in
memory
.
He
remembers
that
he
was
at
a
Council
of
War
in
Dublin
,
that
there
was
a
man
condemned
to
be
hanged
,
and
that
it
was
for
such
a
matter
as
their
Lordships
had
heard
spoken
,
more
of
it
he
doth
not
remember
.
And
being
further
asked
,
Whether
any
Proposition
was
made
to
my
Lord
of
Strafford
,
to
have
the
man
referred
to
a
legal
Trial
,
or
the
Execution
deferred
.
He
Answered
,
He
remembers
it
not
.
And
so
they
closed
the
Article
,
observing
it
to
be
fully
proved
in
both
parts
of
it
,
and
that
it
makes
good
the
general
Article
,
of
exercising
a
Tyrannical
Government
over
His
Majesties
Subjects
.
The
Earl
of
Strafford
began
his
Defence
.
I
humbly
conceive
my
Answer
must
be
allowed
me
,
if
I
prove
clear
of
My
Answer
saith
,
That
the
Deputies
have
always
exercised
Martial
Law
in
time
of
the
Armies
march
,
and
divers
Articles
for
regulating
the
Army
printed
,
according
to
which
divers
have
been
put
to
death
in
Peace
as
well
as
War
.
That
the
Lord
Mountnorris
,
for
breach
of
two
of
those
Articles
,
was
proceeded
against
by
20
in
number
,
and
Sentence
of
Death
pronounced
,
wherein
I
was
no
Judge
;
and
I
obtained
from
His
Majesty
that
no
personal
hurt
befel
him
,
but
a
few
days
Imprisonment
.
If
I
had
been
questioned
on
my
Life
for
Murder
or
Felony
,
I
might
in
extremity
have
feared
(
perhaps
)
but
certainly
this
can
by
no
Law
be
made
Treason
,
for
which
only
I
must
answer
,
being
a
Crime
of
another
nature
.
I
trust
this
will
appear
no
Crime
,
or
such
a
one
as
,
I
hope
,
His
Majesty
will
grant
me
a
Pardon
for
,
as
He
hath
done
to
others
.
I
desire
to
excuse
a
Mistake
in
my
Answer
,
about
the
whole
Armies
being
at
Dublin
,
and
I
desire
in
my
Answer
to
have
liberty
to
rectifie
a
mistake
.
I
humbly
desire
the
Commission
may
be
read
under
the
Broad-Seal
,
whereby
I
am
made
General
of
the
Army
,
and
Power
derived
to
exercise
Marshal-Law
,
which
was
read
,
and
this
limitation
is
in
it
as
to
the
exercise
of
Marshal-Law
,
Si
opus
fuerit
.
And
this
I
observe
is
according
to
the
practise
of
all
the
World
in
Cases
of
this
Nature
.
That
the
Army
in
Ireland
is
a
standing
Army
,
in
the
King's
pay
,
and
and
hath
,
and
always
had
Marshalls
,
Serjeants
,
Majors
,
Generals
,
Provost-Marshalls
,
and
other
Officers
.
We
admit
that
there
is
an
Army
in
Ireland
that
is
in
pay
,
and
distributed
in
the
Country
,
and
hath
Officers
belonging
to
it
.
The
Generals
there
have
from
time
to
time
set
forth
Orders
in
Print
,
for
My
Lord
Wilmott
being
examined
,
confest
there
were
Orders
made
for
regulating
the
Army
,
that
he
had
the
Honour
to
be
General
four
years
,
That
Martial-Law
was
certainly
in
Ireland
ever
since
he
remembers
,
and
long
before
;
but
it
hath
been
used
so
sparingly
,
that
in
the
time
of
Peace
,
for
his
part
,
he
did
never
know
any
executed
in
his
time
.
Being
asked
on
the
Lord
Strafford's
Motion
,
Whether
he
hath
known
Sir
Charles
Coote
as
Provost-Martial
of
Conaught
,
and
Sir
Iohn
Bower
Provost-Marshall
of
Leimster
,
in
time
of
Peace
,
execute
divers
Persons
,
Rebels
,
and
others
,
by
Martial-Law
.
He
Answered
,
For
Sir
Charles
Coote
he
can
very
well
answer
,
though
he
had
Authority
,
yet
it
is
out
of
his
memory
that
he
ever
executed
any
.
And
for
Sir
Iohn
Bower
,
he
dwelleth
remote
from
him
,
that
the
said
Sir
Iohn
Bower
hath
Authority
,
and
so
have
many
other
Presidents
,
Marshalls
of
the
Army
,
Provost-Marshalls
of
every
Province
,
and
upon
great
Reasons
for
it
;
for
though
they
be
Inferior
men
,
yet
the
intent
of
their
Commission
is
but
to
prosecute
those
men
that
cannot
be
had
into
the
Law
,
that
is
,
Rebels
and
Fugitives
,
and
those
men
he
hath
heard
have
been
hanged
.
Whence
my
Lord
of
Strafford
inferred
,
That
he
had
done
nothing
de
Novo
.
That
Provost-Marshalls
have
been
always
appointed
,
and
executed
those
Places
under
the
General
for
the
time
being
.
The
Committee
admitted
that
there
be
four
Provost-Marshalls
,
but
deny
that
they
exercise
Marshall-Law
.
That
those
Provost-Marshalls
have
executed
divers
men
to
death
by
I
desire
to
produce
an
Order
of
my
Lord
of
Faulkland's
,
taken
from
his
Book
of
Entries
;
but
being
not
proved
,
nor
written
with
my
Lord
Faulkland's
own
hand
,
the
reading
of
it
was
not
admitted
,
but
left
to
their
Lordships
Consideration
.
To
prove
the
Practise
of
the
Provost-Marshalls
.
Sir
Adam
Loftus
being
asked
concerning
the
Provost-Marshalls
executing
of
Marshall-Law
before
my
Lord
of
Strafford's
time
,
and
on
what
men
.
He
Answered
,
That
it
is
most
apparent
,
in
all
times
,
since
he
can
remember
,
Martial-Law
hath
been
executed
,
that
's
undoubted
.
But
it
was
on
Rebels
and
Out-Laws
,
and
he
hath
known
no
other
,
but
such
,
executed
by
Martial-Law
.
Lord
Robert
Dillon
being
asked
to
the
same
purpose
.
Answered
,
He
hath
heard
the
Provost-Marshals
have
taken
and
hanged
men
by
Martial-Law
in
time
of
Peace
,
since
the
beginning
of
King
Iames
his
Reign
,
that
of
Rebels
and
Out-Laws
there
is
no
question
.
My
Lord
of
Strafford
desired
to
compare
his
Orders
with
those
of
my
Lord
of
Wilmotts
.
And
they
were
compared
accordingly
in
divers
Articles
.
His
Lordship
produced
a
Copy
of
His
Majesties
Letter
,
attested
to
be
a
true
Copy
by
Charles
Gibson
.
Which
was
read
,
being
the
Letter
recited
in
the
Sentence
of
my
Lord
Mountnorris
.
I
observe
,
That
the
Sentence
of
my
Lord
Mountnorris
takes
notice
To
free
my self
from
the
said
Sentence
,
I
desire
a
Letter
from
my self
and
Council
of
War
to
Secretary
Cook
13.
December
,
immediately
after
the
Sentence
,
may
be
read
,
to
shew
that
I
was
a
Suitor
to
the
King
in
my
Lord
Mountnorris's
behalf
.
But
being
after
the
Sentence
,
and
written
by
himself
and
the
Council
of
War
,
for
extenuating
of
the
Fact
,
the
reading
of
it
was
over-ruled
.
I
conceive
my
Lord
Renula
and
Lord
Dillon
made
it
appear
,
that
I
declined
But
for
further
proof
,
Sir
Robert
Farrer
was
asked
,
Whether
my
Lord
of
Strafford
did
not
declare
he
would
be
no
Judge
,
nor
give
Opinion
in
that
Cause
,
and
whether
he
sate
bare
?
He
Answered
,
That
he
was
present
at
the
Sentence
,
and
heard
my
Lord
of
Strafford
say
,
that
he
would
give
no
Judgment
,
nor
have
to
do
with
the
business
concerning
my
Lord
Mountnorris
,
and
he
sate
a
good
time
with
his
hat
off
.
Being
asked
on
one
of
the
Committees
motion
,
touching
his
pressing
of
both
the
Articles
.
He
said
,
He
acknowledged
my
Lord
did
require
Judgment
on
both
Articles
,
and
yet
sate
silent
at
the
time
they
were
upon
the
Sentence
.
Being
asked
,
Whether
my
Lord
of
Strafford
did
not
desire
them
to
regard
him
no
more
than
an
ordinary
Officer
,
and
do
no
otherwise
than
in
reason
and
judgment
they
should
think
fit
.
He
Answered
,
My
Lord
of
Strafford
said
these
very
words
,
That
they
should
not
look
upon
him
,
but
go
to
the
Cause
according
to
their
Opinion
directly
.
And
being
asked
,
Whether
my
Lord
Mountnorris
was
a
Captain
of
the
Army
.
He
Answered
,
Yes
,
and
the
Council
did
admit
it
.
Sir
George
Wentworth
being
asked
to
the
same
purpose
as
Sir
Robert
Farrer
.
He
Answered
,
He
was
present
at
the
Sentence
,
and
heard
my
Lord
of
Stafford
say
publickly
,
He
did
not
sit
there
as
a
Judge
,
and
that
he
would
give
no
Vote
in
it
.
Being
asked
,
Whether
my
Lord
of
Stafford
did
not
tell
Sir
George
Wentworth
that
he
should
give
no
Vote
in
it
,
because
he
was
his
Lordships
Brother
.
He
Answered
,
Yes
,
and
he
gave
no
Judgment
upon
that
reason
;
that
my
Lord
of
Strafford
did
publickly
bid
them
all
look
on
him
as
a
private
man
,
and
sate
by
as
a
Suitor
,
not
as
a
Judge
,
and
put
off
his
hat
at
the
beginning
to
speak
,
and
sate
uncovered
all
the
while
,
till
Sentence
was
pronounced
.
To
shew
that
my
Lord
Mountnorris
was
enlarged
by
me
presently
after
,
I
here
produce
the
Warrant
Dated
18.
December
,
though
indeed
he
was
released
15.
December
.
The
denial
of
my
Lord
Mountnorris
,
to
examine
Witnesses
,
was
by
my
Lord
Cromwell
,
Sir
Charles
Coote
,
Sir
Iohn
Burlacy
,
not
by
me
,
I
sitting
by
as
a
private
party
:
For
this
I
refer
to
my
Lord
Mountnorris's
own
Deposition
,
and
my
Lord
Renula's
.
To
prove
it
further
,
Sir
Robert
Farrer
was
asked
touching
the
denying
of
further
time
and
Council
.
He
Answered
,
He
cannot
tell
who
denied
him
,
he
remembers
my
Lord
Cromwell
spake
something
,
but
knows
not
whether
to
that
effect
.
Sir
Robert
Farrer
being
asked
on
one
of
the
Managers
Motion
,
Whether
Robert
Farrer
a
Witness
.
before
their
coming
together
they
did
know
the
occasion
of
their
meeting
.
He
Answered
,
He
did
not
,
he
was
warned
to
attend
,
and
did
not
know
the
business
till
he
came
thither
.
I
did
never
Communicate
it
to
any
man
,
till
I
brought
the
Letter
,
For
the
words
,
That
I
would
not
lose
my
share
in
the
Honour
of
that
Sentence
;
if
I
spake
the
words
,
I
meant
the
Justice
and
satisfaction
done
me
by
that
Sentence
,
being
by
the
prime
Officers
of
the
Kingdom
.
And
whereas
it
was
said
yesterday
,
that
though
I
thought
it
hard
to
lay
words
to
my
Charge
,
yet
I
thought
it
not
hard
to
lay
words
to
the
Lord
Mountnorris
his
Charge
;
there
is
a
difference
between
laying
words
to
a
man's
Charge
,
to
Accuse
and
Condemn
him
of
High-Treason
,
to
loss
of
Estate
,
Life
,
Honour
and
Posterity
,
and
pressing
words
to
only
two
days
Imprisonment
,
being
only
intended
to
discipline
my
Lord
Mountnorris
,
and
teach
him
to
govern
his
Speech
with
more
modesty
.
His
Defence
to
the
business
of
Denwitt's
Execution
.
He
confesses
his
Vote
concurred
,
and
thinks
he
had
Authority
,
and
may
He
produced
the
Sentence
Dated
13.
February
,
1638.
where
his
Crimes
are
set
forth
to
be
the
fellonious
stealing
of
a
quarrer
of
Beef
,
and
running
away
from
his
Colours
,
in
breach
of
the
9th
and
6th
Articles
,
for
which
he
was
sentenced
to
Death
,
according
to
the
use
of
Martial-Law
.
His
Lordship
opened
the
Nature
of
the
Offence
,
being
committed
at
a
time
when
the
500
men
were
attending
to
go
to
Carlisle
;
and
the
Example
might
be
dangerous
,
and
desired
Sir
George
Mountnorris
might
be
asked
,
Whether
Denwitt
was
not
convicted
to
be
guilty
,
adding
,
that
he
had
been
burnt
in
the
hand
;
and
running
from
his
Colours
is
death
by
the
Laws
of
Ireland
.
He
produced
a
Statute
of
Ireland
,
20
H.
6.
C.
19.
whereby
it
is
Enacted
,
That
every
man
that
receives
the
King's
Wages
,
and
departs
from
his
Captain
,
&c.
shall
be
proceeded
against
as
a
Felon
.
As
also
the
Statute
7
H.
7.
C.
1.
The
departing
of
a
Souldier
from
his
Colours
is
Felony
,
and
the
Offendor
to
undergo
punishment
of
Law
.
And
10
H.
7.
all
Laws
formerly
made
in
England
are
to
be
in
force
in
Ireland
,
and
so
that
of
7
H.
7.
For
further
clearing
whereof
,
he
refers
himself
to
the
Council
.
One
of
the
Managers
did
make
Reply
in
substance
as
followeth
:
That
if
this
Fact
be
not
Treason
,
yet
it
seems
to
prove
his
Intention
to
subvert
the
Law
,
which
is
Treason
.
Whereas
he
hopes
for
the
King's
Mercy
,
so
the
Commons
do
as
really
trust
for
the
King's
Justice
.
The
Commission
he
insists
on
,
is
limitted
with
Si
opus
fuerit
;
and
the
King
intends
Execution
according
to
Law
,
Magna
Charta
,
and
the
rest
of
the
Laws
of
England
being
of
force
in
Ireland
.
There
hath
been
an
Army
in
pay
in
Ireland
since
Henry
the
Eighths
time
,
and
so
there
are
some
in
pay
here
,
in
Portsmouth
and
Plymouth
,
and
yet
it
follows
not
England
must
be
Governed
by
Martial-Law
.
The
Lord
Wilmott
was
produced
by
him
,
to
justifie
the
publishing
of
Orders
,
and
exercise
of
Martial
Law
in
Ireland
.
But
we
Appeal
to
your
Lordships
,
Whether
he
gave
Testimony
of
executing
any
by
Martial-Law
.
Sir
Adam
Loftus
says
,
There
are
Provost-Marshalls
,
and
they
do
use
to
put
men
to
death
,
but
they
are
Rebels
whom
they
execute
,
which
squares
not
with
this
Case
,
only
that
of
Sir
Thomas
Wayneman
is
a
full
President
.
For
the
King's
Letter
,
it
is
written
on
his
Information
,
and
if
the
King's
Ministers
misinform
him
,
He
is
just
before
God
and
men
;
and
the
Letter
directs
Reparation
,
as
it
was
fit
there
should
be
.
My
Lord
pretends
he
was
no
Judge
in
the
Cause
,
your
Lordships
may
remember
who
procured
the
Letter
to
proceed
,
and
who
sate
there
to
manage
the
business
,
though
he
sate
with
his
Hat
off
;
if
he
would
have
been
indifferent
,
he
should
have
left
the
Counsellors
to
themselves
.
And
when
some
moved
they
might
proceed
on
one
Article
,
he
cryed
both
,
and
so
he
was
the
Procurer
of
the
Sentence
,
with
which
he
is
charged
,
not
with
the
Voting
of
it
.
He
pretends
he
sate
by
and
said
nothing
,
yet
no
man
talked
more
at
the
Sentence
than
himself
.
He
proves
not
the
Course
of
Martial-Law
,
and
there
is
a
Judge-Marshal
,
to
whom
,
in
any
proceedings
in
a
Martial
way
,
address
should
be
made
,
and
it
was
desired
he
might
be
called
,
to
testifie
how
they
went
about
it
.
Another
of
the
Managers
did
add
,
by
way
of
Reply
,
That
whereas
my
Lord
of
Strafford
insists
much
,
as
if
Martial-Law
were
part
of
the
same
Law
For
that
Commission
he
speaks
of
Opus
est
,
is
Martial-Law
,
when
there
is
bellum
flagrans
;
but
what
need
was
there
of
Martial-Law
in
my
Lord
Mountnorris
his
Case
,
when
he
would
rather
lose
his
Hand
than
the
Sentence
be
executed
.
For
the
Orders
made
by
my
Lord
Wilmott
and
others
,
there
is
difference
between
making
an
Order
in
way
of
terror
,
for
fear
of
Execution
,
and
putting
that
thing
in
execution
.
Many
Witnesses
are
produced
to
prove
the
practise
,
but
not
one
speaks
in
point
of
Execution
,
unless
upon
Rebels
and
Traytors
,
and
such
as
would
not
come
into
Law
,
whereas
my
Lord
Mountnorris
was
had
into
the
Law
.
Whereas
he
takes
the
Example
of
those
before
him
;
the
Commons
cannot
see
the
Restrictions
put
upon
his
Commission
for
Martial-Law
,
but
in
the
preceding
Deputies
time
there
was
a
limitation
,
that
the
Provost
should
leave
the
Souldiers
to
trial
at
Law
,
except
in
time
of
War
and
Rebellion
.
The
Statute
of
20
H.
6.
is
against
him
,
for
it
makes
the
Souldiers
running
from
his
Colours
Felony
,
and
certainly
meant
it
should
be
tried
by
that
Law
that
makes
it
Felony
,
which
would
have
given
him
the
benefit
of
Clergy
,
not
by
Martial-Law
.
And
though
he
thinks
he
may
justifie
it
,
he
falls
at
last
to
a
Pardon
.
He
says
,
He
acquainted
no
body
before
hand
with
the
business
;
but
if
he
may
give
the
Interpretation
,
he
will
be
sure
to
put
a
good
end
to
it
;
if
he
would
not
prepare
the
Council
for
Justice
,
why
should
not
the
Delinquent
be
prepared
?
The
words
are
pretended
to
be
spoken
in
April
,
my
Lord
of
Strafford
procures
the
King's
Letter
in
Iuly
,
and
questions
it
not
till
December
,
here
is
no
opus
est
.
The
very
words
of
the
Order
,
the
Witnesses
were
examined
by
our
Command
,
which
make
it
his
own
.
One
of
the
Managers
desired
that
two
of
the
Instructions
of
former
Deputies
To
this
my
Lord
of
Strafford
excepted
,
as
supplemental
and
dangerous
,
and
not
warranted
by
any
other
Judicature
.
After
some
debate
touching
the
admitting
of
my
Lord
of
Ely
to
be
examined
,
to
the
Course
of
Martial-Laws
in
Ireland
,
being
new
matter
,
arising
out
of
his
Answer
;
It
was
Resolved
that
he
should
be
examined
only
to
that
new
matter
.
The
Earl
of
Ely
sworn
,
was
examined
what
was
the
proceedings
of
He
Answered
,
He
was
40
years
since
Judge
there
,
and
for
the
manner
of
proceeding
,
There
was
never
any
Deputy
,
or
Governor
of
that
Kingdom
,
but
they
had
a
Commission
of
Martial-Law
to
be
exercised
in
the
time
of
their
Government
;
but
the
exercise
of
that
Law
was
two-fold
,
one
was
Summary
,
the
other
was
Plenary
:
That
which
was
Summary
and
short
,
was
committed
to
the
Provost-Marshall
,
that
sought
after
the
Rebels
and
Kernes
that
kept
the
Woods
.
These
,
when
they
were
apprehended
,
the
Provost-Marshall
hanged
them
on
the
next
Tree
;
and
this
was
in
poor
Cases
,
where
the
estate
of
the
party
that
prosecutes
is
not
worth
40
s.
In
the
second
,
which
is
the
Plenary
proceeding
,
there
are
three
Considerations
to
be
had
,
of
the
time
,
the
place
,
and
the
person
;
the
time
must
necessarily
be
in
time
of
War
,
the
place
in
the
Field
,
and
the
persons
must
be
such
as
are
subject
to
the
Rule
of
Martial-Law
.
And
the
proceeding
was
thus
;
The
parties
complained
,
the
other
appearing
,
an
Information
was
drawn
in
writing
,
Witnesses
produced
,
and
reduced
in
writing
,
a
Sentence
given
absolutely
or
condemnatory
,
and
the
Party
punished
or
acquitted
,
and
the
Warrant
directed
to
the
Provost-Marshall
to
put
the
Judgment
in
Execution
.
But
when
the
Army
was
dissolved
,
and
every
one
returned
to
their
own
home
,
Souldiers
,
Captains
,
and
Commanders
;
this
Power
ceased
,
and
was
no
farther
executed
;
for
it
had
been
an
extraordinary
damage
to
His
Majesty
,
that
by
the
Martial-Law
every
one
should
be
tried
;
for
he
loses
nothing
but
his
life
,
not
his
Lands
or
his
Goods
,
and
therefore
the
proceeding
without
was
so
slow
and
seldom
,
that
he
had
not
remembred
any
man
of
quality
worth
100
l.
or
200
l.
in
thirty
years
to
have
been
executed
by
Martial-Law
.
Here
the
Manager
did
offer
the
Instructions
given
in
my
Lord
Faulkland's
33.
Such
as
are
to
be
brought
to
Trial
at
Law
,
are
not
to
be
executed
by
the
Marshal
,
except
in
time
of
War
and
Rebellion
.
One
of
the
Managers
observed
,
That
my
Lord
of
Strafford
would
have
Whereas
,
he
said
,
The
blood
of
their
Lordships
Ancestors
was
spent
in
the
Irish
Wars
;
this
way
,
their
own
blood
may
be
spent
in
the
Peace
of
Ireland
,
and
Peace
of
England
,
&c.
My
Lord
of
Strafford
taking
notice
of
some
words
,
charging
him
that
my
Lord
Mountnorris
lost
his
Offices
in
that
Sentence
;
In
way
of
Answer
said
,
That
they
were
lost
in
a
Sentence
in
the
Castle-Chamber
for
Misdemeanors
fully
proved
,
and
by
himself
confessed
,
and
therefore
His
Majesty
disposed
of
them
.
To
which
one
of
the
Managers
Replyed
,
That
there
was
no
sentence
in
And
so
after
some
Discourses
and
Resolution
touching
the
Method
of
the
Proceedings
about
the
next
Articles
,
the
House
was
Adjourned
.
The
First
day
.
Monday
,
March
29.
1641.
THE
Sixth
Article
.
The
Charge
.
That
the
said
Earl
of
Strafford
,
without
any
Legal
Procéedings
,
and
upon
a
Paper-Petition
of
Richard
Rolstone
,
did
cause
the
said
Lord
Mountnorris
to
be
disseized
and
put
out
of
possession
of
his
Freehold
,
and
Inheritance
of
his
Mannor
of
Tymore
in
the
County
of
Armagh
,
in
the
Kingdom
of
Ireland
,
the
said
Lord
Mountnorris
having
béen
18
years
before
in
quiet
Possession
thereof
.
MR.
Glyn
opened
the
Sixth
Article
,
setting
forth
the
Execution
The
Decree
made
in
the
Cause
betwixt
Rolstone
and
my
Lord
Mountnorris
was
first
offered
,
the
Manager
observing
,
that
it
was
nothing
to
the
matter
,
whether
the
Decree
were
just
or
unjust
,
and
that
it
never
depended
in
the
Chancery
,
as
is
set
forth
in
his
Answer
.
Thomas
Little
,
the
Lord
of
Strafford's
Secretary
,
being
sworn
,
attested
a
Witness
.
that
the
Copy
produced
was
under
his
own
hand
.
And
here
my
Lord
of
Strafford
informed
their
Lordships
,
that
upon
his
Defence
he
would
ask
Mr.
Little
some
questions
,
desiring
their
Lordships
The
Decree
was
read
Dated
28.
Iuly
,
1637.
whereby
for
the
Reasons
therein
set
forth
,
and
with
the
assistance
of
the
Lord
Chief
Justice
of
the
Common
Pleas
;
It
was
,
among
other
things
,
Ordered
,
That
Henry
Rolston
should
be
put
into
quiet
Possession
of
certain
Lands
therein
mentioned
.
Lord
Mountnorris
being
Examined
,
Whether
he
was
put
out
of
possession
by
Vertue
of
that
Order
,
and
how
long
he
had
Possession
of
the
He
Answered
,
He
was
in
quiet
and
peaceable
Possession
from
May
20.
till
he
was
put
out
by
my
Lord
of
Strafford's
Warrant
,
August
29.
1637.
as
was
written
to
him
from
an
Agent
that
was
there
from
the
delivery
of
the
Warrant
to
the
Sheriff
.
That
he
was
all
the
while
the
business
was
in
prosecution
,
till
his
coming
into
England
,
a
little
before
his
putting
out
of
possession
,
in
prison
,
under
restraint
,
for
not
suing
out
his
Pardon
,
upon
the
Sentence
of
the
Council
of
War
.
Mr.
Anslow
sworn
and
interrogated
to
the
same
purpose
.
Answered
,
That
to
my
Lord
Mountnorris's
possession
of
the
Lands
,
he
can
say
only
by
seeing
the
Accounts
passed
by
former
Receivers
,
and
the
Patent
my
Lord
Mountnorris
had
of
the
Land
;
but
for
his
being
put
out
of
the
possession
by
the
Order
,
he
found
when
he
was
left
in
Ireland
,
about
a
year
and
half
ago
he
was
put
out
of
possession
by
an
Order
of
my
Lord
of
Strafford
,
and
that
he
being
there
,
could
have
no
Rents
paid
,
Henry
Rolsion's
Son
being
in
possession
,
the
Father
being
dead
.
Being
asked
,
Whether
a
Petition
was
not
preferred
for
liberty
to
proceed
at
Law
.
He
Answered
,
It
was
in
his
own
behalf
,
for
the
Land
was
estated
on
him
by
his
Father
:
And
that
he
the
Deponent
being
to
pass
his
Land
on
the
Commission
of
Grace
,
Rolston
Petitioned
for
it
himself
;
and
therefore
he
the
Deponent
Petitioned
it
might
be
hindred
to
pass
,
and
that
he
might
have
his
Right
tried
legally
,
but
he
could
get
no
Answer
;
the
Commissioners
saying
,
They
sate
not
there
to
question
any
Lords
Estate
.
The
Manager
observed
this
to
be
the
assuming
of
an
Arbitrary
Power
of
Jurisdiction
,
in
a
case
of
Land
,
without
any
former
President
;
wherein
,
My
Lord
of
Strafford
desiring
they
might
bring
their
Proofs
at
once
.
The
Manager
Answered
,
That
they
should
prove
an
Act
of
the
same
But
my
Lord
of
Strafford
desiring
they
might
be
kept
to
that
within
His
Lordship
began
his
Defence
in
substance
as
followeth
:
I
confess
I
am
Charged
with
Treason
by
the
Honourable
House
of
Commons
,
and
that
is
my
greatest
grief
;
for
if
it
were
not
an
Arrow
If
the
Decree
be
just
(
as
it
is
most
just
)
I
hope
it
will
go
very
far
in
the
Case
.
That
whereas
it
is
said
it
was
against
a
Peer
,
Justice
excepts
not
persons
,
and
I
know
no
Priviledge
Peers
have
in
point
of
possession
of
Land
above
common
persons
.
The
Act
of
Parliament
read
the
other
day
,
against
which
,
it
is
supposed
to
be
made
,
I
conceive
it
to
be
the
Statute
in
H.
6.
time
,
and
desire
your
Lordships
to
remember
,
that
by
the
last
words
,
the
King's
Prerogative
is
saved
.
I
have
done
nothing
contrary
to
the
Instructions
in
King
Iames
his
time
,
nor
the
Proclamation
,
nor
any
thing
,
but
according
to
the
Power
of
former
Deputies
.
I
acknowledge
my
Answer
is
mistaken
,
in
saying
,
the
Cause
depended
formerly
in
the
Chancery
,
which
was
not
out
of
cunning
,
but
a
meer
failing
of
memory
.
I
desire
my
Commission
may
be
read
,
whereby
it
will
appear
I
had
Power
to
do
that
for
which
I
am
now
questioned
.
The
Commission
was
read
,
whereby
he
had
Authority
to
proceed
Secundum
consuetudines
terrae
,
&c.
From
whence
he
observed
,
That
having
so
great
a
Power
,
the
receiving
of
a
Petition
,
and
giving
Relief
to
a
poor
body
,
should
not
be
so
great
a
fault
,
being
at
the
most
,
but
the
exceeding
of
a
Jurisdiction
,
but
by
no
Construction
can
be
made
Treason
.
That
yet
this
is
no
exceeding
of
a
Jurisdiction
,
but
was
a
Power
always
in
the
Deputies
before
his
time
,
and
warranted
.
To
prove
it
,
he
produced
the
printed
Instructions
,
whereby
the
Deputy
and
Council-Table
are
forbid
to
meddle
with
common
businesses
within
Cognizance
of
ordinary
Courts
,
nor
alter
possession
of
Land
,
nor
make
private
Orders
,
or
Hearings
,
nor
make
Injunctions
for
staying
Suits
in
any
Civil
Cause
.
Which
shews
,
that
that
course
was
in
practise
before
the
Instructions
took
it
away
,
(
viz.
)
to
alter
Possessions
,
to
grant
Injunctions
,
&c.
To
prove
by
Witnesses
,
that
this
Power
was
always
exercised
by
the
Deputy
in
the
nature
of
a
Court
of
Requests
in
England
.
He
offered
my
Lord
Primate
of
Armagh
his
Deposition
,
being
taken
,
by
reason
of
his
sickness
,
by
vertue
of
an
Order
of
their
Lordships
;
but
for
that
the
Commons
had
liberty
by
that
Order
to
cross-examine
,
and
yet
had
no
notice
thereof
,
or
of
the
Depositions
so
taken
;
the
using
of
these
Depositions
was
waved
,
after
much
debate
,
till
the
next
day
,
in
the
mean
time
the
Commons
may
cross-examine
.
Henry
Dillon
asked
,
Whether
Petitions
have
been
usually
preferred
to
the
Deputies
,
and
in
how
many
Governors
time
he
hath
known
it
to
be
so
,
That
these
Paper-Petitions
have
been
preferred
.
He
Answered
,
His
Father
had
a
Lease
during
his
own
life
and
his
Wives
,
and
the
longer
liver
of
them
,
and
fifteen
years
after
to
his
Executors
and
Administrators
,
which
he
the
said
Henry
Dillon
(
being
come
to
full
age
)
enquired
into
;
and
looking
upon
his
Fathers
Evidences
,
he
found
a
business
there
depending
between
Sir
Patrick
Plaintiff
,
and
his
Father
Defendant
,
before
my
Lord
Chichester
,
in
the
time
of
his
Government
;
and
he
found
several
Orders
under
my
Lord
Chichesters
Hand
in
that
Cause
,
that
he
being
Executor
to
Maurice
Fitzgerard
,
and
having
occasion
to
peruse
his
Writings
,
to
see
what
Debts
were
due
to
him
,
he
found
among
them
several
Orders
of
my
Lord
Grandison's
time
,
one
Petition
of
Fitzgerard
,
as
well
for
Debts
as
for
Land
.
That
in
the
time
of
my
Lord
Faulkland
he
observed
,
and
hath
seen
several
Orders
made
by
his
Lordship
,
and
one
made
on
behalf
of
his
Sister
Mary
Dillon
,
for
a
Portion
paid
by
his
Father
,
and
he
recovered
the
portion
,
and
received
the
Money
.
That
in
the
time
of
my
Lord
of
Corke
and
Lord
of
Elyes
being
Governors
,
there
was
a
Petition
preferred
against
him
,
by
my
Lord
of
Longford
,
for
a
Horse
taken
by
him
the
said
Henry
Dillon
,
as
Sheriff
of
the
County
of
Longford
,
pretending
it
to
be
a
stray
,
and
belonging
to
His
Majesty
,
and
triable
,
as
he
conceived
,
in
the
Exchequer
,
and
that
he
did
appear
,
but
my
Lord
of
Longford
died
before
Examination
.
Being
asked
,
Whether
the
Causes
were
before
the
Deputy
alone
,
or
the
Deputy
and
Council
.
He
Answered
,
That
in
the
time
of
my
Lord
Chichester
he
knows
not
whether
they
were
before
the
Deputy
alone
,
but
he
found
only
my
Lord
Chichester's
Hand
to
the
Orders
.
In
my
Lord
Grandison's
time
he
saw
his
Hand
only
,
but
where
the
Causes
depended
he
knows
not
.
But
that
in
my
Lord
Faulkland's
time
,
was
only
by
my
Lord-Deputy
:
That
of
my
Lord
Corkes
and
Lord
of
Elyes
,
he
remembers
not
whether
it
was
before
their
Lordships
and
the
Council
;
but
the
way
he
was
called
to
Answer
was
by
Pursevant
,
before
he
had
notice
of
the
Suit
.
Being
asked
,
Whether
Examinations
were
taken
.
He
Answered
,
That
in
the
Case
of
his
Sister
,
he
conceives
there
were
Examinations
taken
upon
Oath
.
And
that
in
the
Cause
before
my
Lord
of
Corke
and
Lord
of
Ely
the
Attachment
was
under
the
Hands
of
the
two
Lords
Justices
alone
.
Being
asked
on
the
Managers
motion
,
Whether
he
hath
any
of
those
Orders
to
shew
.
He
Answered
,
He
knows
not
whether
those
in
my
Lord
Chichester's
time
were
delivered
to
my
Lord
Dun
,
on
composing
the
Difference
,
or
in
his
Custody
.
Robert
Lord
Dillon
was
asked
,
What
he
heard
my
Lord
Grandison
say
in
maintenance
of
this
Judicature
by
my
Lord-Deputy
alone
.
He
Answered
,
That
he
heard
my
Lord
Grandison
himself
say
nothing
of
it
,
but
he
heard
by
others
,
that
he
pretended
to
it
as
a
Judicature
belōnging
to
the
Sword
.
Being
asked
what
he
hath
known
of
the
practice
of
this
Court
before
the
Lord
Deputy
alone
,
before
how
many
Deputies
;
and
upon
what
occasions
:
He
Answered
,
That
he
hath
seen
divers
Orders
of
Deputies
,
or
Petitions
,
singly
signed
by
themselves
,
and
no
other
hand
but
the
Deputies
.
Being
asked
in
how
many
Deputies
times
;
He
Answered
,
That
he
hath
seen
of
my
Lord
Faulklands
,
and
Lord
Grandisons
,
and
to
his
best
remembrance
(
but
he
will
not
peremptorily
say
it
)
of
my
Lord
Chichesters
.
Being
asked
of
the
Earl
of
Bathes
motion
,
whether
he
hath
known
them
to
proceed
upon
Petition
for
matters
of
Land
.
He
Answered
,
He
never
knew
any
.
Being
asked
on
Mr.
Maynards
motion
,
whether
they
were
Orders
of
Reference
,
or
by
consent
;
He
Answered
,
He
remembers
one
more
particularly
,
and
it
was
an
Order
of
my
Lord
of
Faulklands
,
of
reference
to
my
Lord
Angier
,
that
was
Master
of
the
Rolls
;
and
was
for
a
Debt
.
Being
asked
on
my
Lord
of
Straffords
motion
,
whether
Sir
Paul
Davis
Clerk
of
the
Council
,
do
not
ordinarily
examine
on
Oath
;
and
thereupon
Causes
come
to
publication
.
He
Answered
,
The
Clerk
of
the
Council
hath
a
Commission
for
taking
Oath
,
and
wheresoever
the
Deputy
requires
,
he
is
to
take
Oath
;
but
whether
de
facto
he
took
Oath
on
those
former
Orders
,
he
remembers
not
.
And
whether
he
takes
Oath
in
things
determined
by
the
Deputy
alone
,
he
knows
nothing
of
it
.
But
it
is
the
common
course
of
proceedings
,
when
there
is
an
Order
for
an
Attachment
,
an
Oath
is
taken
of
course
,
that
the
party
is
in
contempt
.
Being
asked
on
Mr.
Whitlocks
motion
,
how
anciently
Commission
hath
been
granted
to
the
Clerk
of
the
Council
to
take
an
Oath
.
He
Answered
,
He
doth
not
know
;
but
knoweth
,
that
since
he
had
the
Honour
to
sit
at
the
Board
,
they
have
had
them
,
and
that
is
12
or
13
years
.
Being
asked
whether
he
hath
known
in
matters
of
Equity
,
or
Title
of
Land
,
any
determination
by
any
other
Deputy
alone
;
And
whether
my
Lord
of
Strafford
hath
not
done
it
in
many
Cases
:
He
answered
to
the
first
,
That
he
doth
not
remember
any
particular
Case
of
it
:
To
the
second
,
That
he
never
knew
my
Lord
of
Strafford
,
with
his
Remembrance
,
meddle
with
matters
of
Law
;
but
for
matters
of
Equity
,
to
his
Remembrance
he
hath
.
And
this
my
Lord
of
Strafford
confessed
,
this
being
in
the
Court
of
Requests
is
to
the
Chancery
.
To
prove
that
the
Clerks
of
the
Council
have
power
to
examine
on
Oath
,
an
Order
was
read
to
the
Lord
Chancellor
from
the
Lord
Faulkland
,
for
drawing
up
a
Commission
to
enable
Sir
William
Usher
for
taking
Affidavits
,
and
ministring
Oaths
in
all
Causes
wherein
the
Lord
Deputy
or
the
Board
,
&c.
His
Lordship
came
to
shew
that
the
Instructions
were
so
much
mistaken
,
that
they
were
never
observed
by
the
Deputy
,
Judges
of
Assize
,
Presidents
To
prove
this
,
my
Lord
of
Straffords
Book
of
Entries
was
mentioned
,
and
an
Order
of
my
Lord
Faulklands
made
in
Iune
1629.
which
is
after
,
the
Instructions
being
in
1622.
and
being
affirmed
by
my
Lord
Wilmott
to
be
under
my
Lord
Faulklands
hand
,
it
was
read
:
Containing
a
Petition
,
which
set
forth
the
Petitioners
disturbance
in
his
Possession
of
certain
Lands
by
Sir
Iames
Fitzgerard
,
contrary
to
a
former
Order
,
and
assaulting
and
beating
the
Petitioner
and
his
Tenants
,
&c.
And
my
Lord
of
Faulklands
Warrant
thereupon
for
Sir
Iames
his
appearance
,
to
Answer
the
Contempt
;
and
for
the
Sheriffs
keeping
the
Petitioner
in
possession
.
He
produced
another
Order
of
my
Lord
of
Faulklands
,
August
20.
1626.
being
for
Attaching
divers
persons
that
had
not
paid
Provisions
for
the
Deputies
Houshold
.
He
produced
another
Order
made
on
Walter
Dennotts
Petition
,
October
1624.
for
direction
to
certain
Debtors
to
pay
some
moneys
due
.
Being
a
Warrant
to
examine
the
truth
of
the
Plaintiffs
demands
;
and
a
Command
to
the
Debtors
to
pay
what
's
due
,
or
give
better
Security
,
else
to
appear
,
to
shew
cause
to
the
contrary
;
the
same
being
grounded
upon
Letters
out
of
England
in
the
Petitioners
behalf
.
He
produced
an
Order
of
my
Lord
of
Corke
,
and
Lord
of
Ely
,
affirmed
by
the
Lord
Corke
to
be
under
his
hand
,
on
Petition
of
Henry
Iawant
:
The
Order
being
a
Reference
to
the
Lord
Primate
;
and
to
take
Order
for
the
Petitioners
Relief
as
by
a
former
Order
of
Reference
was
directed
.
And
whereas
it
may
be
objected
that
these
were
in
Church
Causes
,
or
Plantation
Causes
,
His
Lordship
observed
,
That
these
Orders
were
made
He
then
offered
to
shew
,
that
this
Practice
of
hearing
business
on
Paper
Petitions
,
is
used
by
the
Presidents
in
their
Provincial
Courts
,
and
by
the
Judges
in
their
Circuits
,
by
Commissions
from
the
Deputy
;
whence
his
Lordship
observed
,
That
if
the
Deputies
have
Power
to
Authorize
,
they
have
likewise
Power
to
Execute
;
and
he
offered
to
this
purpose
,
my
Lord
Ranulagh's
Answer
at
Council-Board
,
under
Mr.
Mewtis
his
hand
.
Here
the
Manager
observed
,
That
my
Lord
of
Strafford
is
charged
with
My
Lord
of
Strafford
answered
,
That
he
offered
this
only
to
shew
,
that
he
is
no
Innovator
of
the
Law
,
further
than
others
before
him
;
and
to
shew
that
the
Instructions
were
mistaken
in
that
point
,
and
could
not
be
observed
,
nor
can
they
without
much
detriment
to
the
Commonwealth
,
yea
that
they
have
broken
them
,
and
that
he
only
hath
observed
them
.
And
so
this
matter
was
laid
aside
,
as
not
fully
pertinent
to
the
Charge
.
His
Lordship
in
the
next
place
observed
,
That
as
the
Case
stands
with
He
then
offered
the
first
Decree
in
the
Cause
to
be
read
,
that
had
formerly
been
read
,
having
relation
to
this
,
bearing
date
May
23.
1636.
And
the
same
was
read
,
being
Signed
Wentworth
.
Gerard
Lowther
,
&c.
Whence
his
Lordship
observed
,
That
the
Order
was
made
for
Relief
Gerard
Lowther
,
That
the
Decree
is
in
every
part
just
and
equitable
;
and
if
he
had
not
given
relief
,
he
had
been
justly
censured
,
That
the
party
is
now
in
Town
,
and
means
to
complain
,
and
Sue
for
600
l.
more
than
he
is
yet
allowed
.
The
Committee
declared
,
they
insist
not
on
the
merit
of
the
Cause
,
as
not
being
material
.
And
so
my
Lord
of
Strafford
observed
,
That
he
stands
justified
by
the
Kings
Letter
,
which
makes
things
differ
from
what
they
did
formerly
,
and
shew
,
that
the
Power
was
there
before
,
and
is
now
restored
.
His
Lordship
further
added
,
that
his
Practice
in
exercising
Jurisdiction
,
was
conformable
to
that
Letter
,
viz.
That
he
medled
not
with
Title
of
Land
triable
at
Law
,
nor
with
Causes
which
had
priority
of
Suit
in
other
Courts
;
That
he
referred
the
business
of
the
Provincial
Courts
to
these
Courts
,
and
many
businesses
to
the
Judges
of
Assize
,
and
none
determined
by
him
,
but
upon
full
Hearing
and
Assistance
of
the
Judges
.
And
whereas
it
is
said
,
my
Lord
Mountnorris
was
kept
in
Prison
by
reason
of
not
Suing
out
the
Pardon
on
his
Sentence
pronounced
by
the
Council
of
War
,
I
will
make
it
appear
it
was
for
Contempts
,
in
refusing
to
answer
a
Bill
Exhibited
against
him
on
the
Kings
behalf
,
in
the
Castle-Chamber
.
Mr.
Slingsby
being
asked
touching
that
point
;
Answered
,
That
he
did
constantly
wait
on
my
Lord
to
the
Castle-Chamber
,
and
there
heard
the
Information
of
the
Kings
Attorney
against
my
Lord
Mountnorris
read
,
and
my
Lord
Mountnorris
was
called
to
Answer
it
several
times
,
and
was
committed
to
Prison
for
not
Answering
it
;
but
he
cannot
precisely
speak
to
the
time
,
but
he
thinks
he
was
left
in
Prison
upon
that
,
till
my
Lords
going
into
England
.
Sir
Adam
Loftus
asked
touching
the
same
point
,
did
first
make
his
humble
Suit
that
he
might
not
be
Examined
in
any
Cause
concerning
my
Lord
Mountnorris
,
for
some
reasons
inducing
him
thereunto
.
Which
my
Lord
of
Strafford
said
was
,
because
Sir
Adam
succeeded
my
Lord
Mountnorris
in
the
place
of
Vice-Treasurer
;
and
being
required
(
if
that
were
all
)
to
speak
notwithstanding
:
He
Answered
,
That
he
conceives
he
was
Committed
for
not
answering
the
Information
;
but
the
precise
day
of
his
Commitment
,
and
the
time
how
long
,
he
cannot
well
remember
.
Being
asked
,
whether
he
was
not
brought
before
the
Deputy
a
day
or
two
before
he
came
away
,
and
refused
to
Answer
,
and
was
thereupon
Committed
:
He
Answered
,
That
it
was
true
.
Being
asked
on
the
Managers
motion
,
whether
he
was
not
Committed
on
the
old
Sentence
,
and
remained
in
Prison
on
that
;
He
Answered
,
That
he
doth
not
know
.
If
I
had
time
to
produce
the
Orders
of
the
Castle-Chamber
,
I
could
make
The
Lord
Dillon
called
,
and
asked
to
the
same
purpose
:
He
Answered
,
That
the
Judges
of
the
Castle-Chamber
are
by
Commission
,
and
that
he
is
not
of
that
Commission
.
That
the
Deputy
,
or
Chief
Governour
,
calls
by
way
of
Assistance
,
such
as
he
pleases
.
That
he
heard
at
Council-Board
,
my
Lord
Mountnorris
was
Committed
for
a
Contempt
,
in
not
answering
in
the
Star-Chamber
;
but
when
it
began
,
or
how
long
,
he
knows
not
.
In
Execution
of
this
Jurisdiction
,
I
had
no
private
advantage
to
my
The
Manager
began
his
Reply
,
in
substance
as
followeth
:
Whereas
my
Lord
of
Strafford
says
,
This
is
not
Treason
;
this
is
the
The
Manager
opened
the
Article
,
and
said
,
they
dispute
not
whether
if
it
had
been
done
in
Chancery
,
or
other
Courts
,
it
had
been
well
done
;
but
it
is
done
by
him
without
Rule
of
Law
;
and
hereupon
he
hath
drawn
to
himself
an
Arbitrary
Power
.
Whereas
my
Lord
of
Strafford
,
to
take
from
himself
the
Act
of
Parliament
28
H.
6.
enjoyning
,
That
Causes
should
be
referred
to
the
proper
Courts
,
urged
the
last
words
,
[
Saving
the
Kings
Prerogative
]
We
do
observe
,
That
when
he
is
Charged
with
an
Exorbitant
proceeding
,
to
the
destruction
of
the
Law
;
he
flies
to
the
Kings
Prerogative
for
shelter
.
That
to
mention
the
Kings
Prerogative
in
the
face
of
the
Peers
of
the
Realm
,
and
in
presence
of
all
the
Commons
,
when
he
is
charged
with
an
Exorbitant
proceeding
,
to
the
Subversion
of
the
Laws
,
is
but
to
cast
a
Scandal
upon
the
Kings
Prerogative
,
and
to
make
it
have
a
worse
relish
;
whereas
the
Law
supports
the
Kings
Prerogative
,
and
the
Subject
supports
it
.
When
his
Answer
is
charged
not
to
be
according
to
Truth
,
he
casts
a
Gloss
upon
it
,
from
the
easiness
of
his
being
mistaken
;
whereas
,
when
he
is
able
to
justifie
it
,
he
glories
in
it
,
as
that
whereto
he
must
stand
or
fall
.
That
the
Letters
Patents
which
my
Lord
of
Strafford
produces
,
rise
in
Judgment
against
him
;
for
the
King
hath
trusted
him
ad
custodiendas
leges
Regni
,
and
therefore
if
he
hath
broken
through
them
,
he
hath
broken
his
Trust.
He
says
,
It
is
strange
the
exceeding
of
Jurisdiction
should
be
laid
to
his
charge
as
Treason
;
He
is
charged
with
the
Subverting
of
the
Law
,
and
that
's
more
than
the
Exceeding
of
a
Power
.
He
read
the
Instructions
to
warrant
his
Act
;
and
by
these
the
Commons
desire
to
be
judged
,
whether
they
do
not
in
the
Negative
say
,
there
shall
be
no
such
Proceeding
before
the
Deputy
;
and
yet
he
will
imply
,
there
have
been
proceedings
to
the
contrary
,
which
we
cannot
see
.
He
justifies
his
Proceedings
by
former
Deputies
,
and
hath
produced
Henry
Dillon
,
who
hath
seen
several
Proceedings
in
Sir
Henry
Bagnalls
time
,
and
others
,
where
Orders
have
been
made
by
the
Deputy
alone
,
but
the
Orders
themselves
are
not
brought
;
whereas
if
they
were
looked
on
,
and
consideration
had
what
results
out
of
them
,
their
Lordships
would
not
have
suffered
them
to
be
read
,
without
Attestation
that
they
were
true
Copies
.
But
now
whether
they
be
entred
or
no
,
or
what
other
Proceedings
there
were
,
the
Witness
doth
not
know
;
and
therefore
they
are
no
Evidence
,
nor
in
truth
ought
to
be
offered
:
And
the
Witness
being
asked
what
the
Orders
were
,
he
says
,
one
was
a
Reference
,
and
whether
Witnesses
were
examined
,
he
says
,
he
doth
not
know
.
He
produces
my
Lord
Dillon
;
and
we
offer
to
be
adjudged
by
him
;
for
he
says
,
He
knew
not
any
Deputy
before
my
Lord
of
Strafford
,
that
hath
intermeddled
with
matters
of
Land
,
except
in
Plantation
and
Church
Causes
;
and
this
Order
is
charged
to
be
made
by
him
alone
.
He
pretends
this
is
a
Court
,
and
a
Prerogative
of
the
Sword
.
We
know
not
whether
my
Lord
of
Strafford
intends
to
keep
it
by
force
;
but
whereas
he
produceth
a
Commission
for
giving
Oath
to
the
Clerk
of
the
Council
;
this
Commission
needed
not
if
it
were
a
Court
,
for
the
Court
it self
would
give
an
Oath
;
and
whereas
he
mentions
it
to
be
in
the
nature
of
the
Court
of
Requests
,
we
would
gladly
know
,
whether
there
be
not
Authority
in
the
Judge
to
give
an
Oath
.
He
produces
several
Orders
in
my
Lord
of
Faulkland's
time
,
The
first
is
expresly
for
Plantation
Lands
;
and
there
was
no
determination
in
Equity
,
or
otherwise
.
The
second
Order
he
produced
in
my
Lord
Faulkland's
time
,
was
a
meer
Green-cloth
Case
,
and
nothing
to
this
purpose
.
The
third
Order
produced
,
was
in
a
business
recommended
from
England
to
my
Lord
of
Faulkland
,
and
such
Causes
as
are
out
of
the
Instructions
excepted
.
The
Order
in
the
Lord
of
Corke's
time
,
was
but
an
Order
of
Reference
to
the
Archbishop
;
and
a
Reference
is
no
Determination
,
a
private
person
may
do
as
much
.
So
that
we
observe
,
nothing
hath
been
offered
to
prove
,
that
a
Deputy
alone
hath
determined
matter
of
Possession
;
and
in
this
we
rest
with
confidence
,
That
none
ever
did
before
himself
;
and
shall
therefore
desire
the
Examination
of
some
Privy-Counsellors
.
He
produced
a
Letter
from
His
Majesty
to
proceed
in
such
Causes
:
But
if
by
Law
it
ought
not
to
be
,
then
a
Letter
,
and
Authority
derived
thereby
,
is
void
,
and
warrants
not
Proceeding
in
the
Subject
;
the
Letter
was
as
just
as
might
be
,
being
obtained
on
his
Information
,
to
whose
Government
and
Trust
His
Majesty
had
committed
the
Kingdom
;
and
if
he
mis-inform
,
he
must
Answer
it
.
And
the
Letter
is
written
with
caution
,
giving
Authority
to
proceed
in
matter
of
Equity
,
as
former
Deputies
had
done
;
and
if
it
be
not
proved
that
his
Predecessors
had
used
such
Proceedings
,
where
is
his
Authority
?
He
says
,
he
hath
proceeded
according
to
the
direction
of
the
Kings
Letter
;
that
is
,
he
never
determined
Title
of
Land
but
in
Equity
;
and
when
such
Causes
have
come
to
him
,
he
hath
referred
them
to
Law
,
which
we
are
forced
to
disprove
that
,
by
offering
it
under
his
own
hand
,
that
whereas
a
Nobleman
of
the
Realm
,
my
Lord
of
Baltinglas
,
had
mortgaged
to
Sir
Robert
Parkhurst
,
for
3000
l.
Land
of
a
1000
l.
year
:
when
Sir
Robert
had
Title
at
Law
,
and
might
as
Mortgagor
,
have
entred
after
the
day
past
,
Sir
Robert
prefers
a
Petition
to
my
Lord
of
Strafford
himself
,
and
he
without
the
Council
,
determines
the
Possession
,
and
takes
it
from
the
Mortgagee
,
and
afterwards
he
purchases
the
Lands
himself
,
and
letts
them
for
680
and
odd
pounds
a
year
.
For
my
Lord
Mountnorris
his
Imprisonment
,
the
Manager
said
,
That
when
his
distressed
Lady
,
the
Mother
of
Twelve
Children
,
Petitioned
His
Majesty
,
declaring
the
great
Distress
her
Husband
suffered
by
the
Tyrannical
Power
exercised
over
them
;
His
Majesty
like
a
Gracious
Prince
,
referred
it
to
the
consideration
of
the
Deputy
,
That
on
submission
he
should
deliver
him
out
of
Prison
.
But
when
the
poor
Lady
presented
it
with
Tears
in
her
Eyes
,
and
cast
her self
at
his
Feet
,
though
there
was
a
Reference
from
His
Majesty
;
yet
he
,
that
would
at
another
time
shelter
himself
under
the
Kings
Prerogative
,
refuses
to
give
so
much
Respect
as
to
entertain
it
;
and
when
the
eldest
Son
came
,
refused
to
accept
it
.
Another
of
the
Managers
added
,
That
whereas
there
is
a
restriction
in
the
Kings
Letter
,
That
the
Earl
of
Strafford
should
not
meddle
with
any
thing
in
other
Courts
,
they
would
shew
,
that
after
two
Decrees
in
a
Court
,
my
Lord
hath
on
a
Petition
,
Decreed
quite
contrary
;
and
it
was
no
Beggars
Cause
,
but
a
Knights
,
and
5000
l.
value
:
That
to
the
Kings
Letter
they
will
give
all
Reverence
.
But
if
my
Lord
of
Strafford
had
found
such
a
constant
practice
to
be
proved
,
he
needed
no
Letter
to
set
up
the
Jurisdiction
that
was
in
him
before
;
That
this
Letter
under
the
Signet
,
can
give
no
Countenance
against
an
Act
of
Parliament
;
which
Orders
,
That
the
Deputy
shall
not
meddle
with
Causes
,
but
remit
them
to
their
proper
Courts
;
and
no
other
Exposition
can
be
given
of
the
saving
of
the
Kings
Prerogative
,
but
only
a
reservation
of
His
Liberty
to
Sue
in
any
Courts
,
And
for
him
to
seek
by
mis-information
,
to
procure
a
Letter
from
His
Majesty
,
for
a
Power
not
warrantable
by
Law
,
he
conceives
it
an
Abuse
of
His
Majesty
,
and
that
makes
his
fault
the
greater
;
and
he
instanced
in
the
Marquess
of
Dublin
,
who
for
procuring
Letters
Patents
under
the
Great
Seal
,
to
exercise
a
Power
against
Law
,
was
complained
of
in
Parliament
,
and
had
Judgment
for
it
,
among
other
things
,
of
High
Treason
.
They
proceeded
to
Proof
.
And
first
,
The
Earl
of
Corke
being
asked
,
whether
before
my
Lord
of
Straffords
He
Answered
,
He
remembers
not
any
,
except
in
cases
of
the
Church
and
Plantation
.
The
Lord
Ranulagh
being
asked
to
that
point
,
Answered
,
Never
any
to
his
knowledge
;
having
been
of
the
Table
two
and
twenty
years
.
Sir
Adam
Loftus
being
asked
to
the
same
point
,
Answered
,
He
remembers
not
any
;
having
been
a
Privy-Counsellor
Adam
Loftus
a
Witness
.
20
years
.
The
Lord
Mountnorris
being
asked
to
that
point
,
Answered
,
He
never
knew
any
,
having
been
a
Privy-Counsellor
since
The
Earl
of
Bath
Sworn
,
and
asked
to
that
point
;
Answered
,
That
he
hath
often
heard
the
Deputy
in
cases
of
Debt
,
To
take
off
Henry
Dillon's
Testimony
,
the
Manager
alledged
,
That
he
had
been
Sentenced
at
the
Council-Board
,
for
speaking
untruths
.
My
Lord
of
Strafford
desired
the
Exception
might
not
be
made
;
some
unum
pondus
,
una
mensura
.
The
Manager
Answered
,
In
eodem
genere
Mali.
This
Exception
is
not
Thereupon
his
Acknowledgment
was
read
;
wherein
he
confesses
he
had
highly
transgressed
against
the
Honour
of
His
Majesty
and
the
Board
,
in
presuming
to
declare
apparent
untruths
.
And
that
such
an
Acknowledgment
was
made
,
was
testified
by
Sir
Adam
Loftus
,
and
likewise
by
the
Lord
Dillon
,
who
shewed
their
Lordships
the
occasion
thereof
.
To
the
matter
of
my
Lord
Mountnorris
his
Imprisonment
,
it
was
offered
under
my
Lord
of
Straffords
own
hand
,
to
shew
that
it
was
partly
upon
the
Sentence
,
December
24.
1636.
My
Lord
of
Strafford
not
denying
it
to
be
his
hand
,
it
was
read
,
being
a
Reference
upon
my
Lord
Mountnorris
his
Petition
,
and
in
substance
as
followeth
.
That
for
the
Petitioners
restraint
more
than
twelve
months
,
he
hath
no
body
to
blame
but
himself
,
that
hath
all
that
space
lain
under
a
deserved
censure
of
the
Council
of
War
,
and
stood
in
Contempts
,
and
trifled
with
the
Court
of
Castle-Chamber
.
That
His
Majesties
removal
of
the
Sentence
hath
been
often
signified
,
but
never
sued
forth
;
That
the
Petitioner
did
to
the
same
effect
,
Petition
the
Lord
Deputy
in
May
last
,
and
therefore
all
the
Answer
that
for
the
present
can
be
given
,
is
,
that
his
most
gracious
Pardon
seeks
no
man
,
nor
can
His
Majesty
remit
all
of
that
Sentence
to
be
applied
to
the
Petitioners
benefit
,
till
by
his
humble
suit
he
procured
His
Majesties
Pardon
under
the
Great
Seal
,
&c.
which
taking
the
usual
way
,
and
humbly
acknowledging
the
justness
of
that
Sentence
,
he
may
have
,
&c.
A
Petition
was
then
read
,
directed
to
the
Earl
of
Strafford
from
my
Lord
Mountnorris
.
Praying
a
Warrant
for
a
Pardon
under
the
Great
Seal
,
according
to
the
Law
and
the
purport
of
His
Majesties
directions
;
if
his
Lordship
shall
conceive
His
Majesties
Letters
(
on
which
the
Lord
Mountnorris
relied
as
sufficient
)
did
not
amount
to
a
Legal
Pardon
.
Then
was
read
my
Lord
of
Straffords
Answer
.
Dublin
,
Ianuary
30.
1636.
When
the
Petitioner
shall
prefer
his
Petition
for
the
said
Pardon
,
acknowledging
the
justness
of
the
Sentence
pronounced
against
him
by
the
Council
of
War
,
we
shall
take
his
Request
into
our
further
consideration
.
Wentworth
.
Whence
one
of
the
Managers
observed
,
That
the
King
directs
a
Pardon
to
be
drawn
;
and
till
the
Sentence
be
acknowledged
to
be
just
,
no
Then
was
produced
the
Lady
Mountnorris
her
Petition
to
His
Majesty
,
referred
to
the
Lord
Strafford
.
Mr.
Anslowe
Sworn
,
attested
the
truth
of
the
Copy
;
and
it
was
Setting
forth
her
Sorrow
on
behalf
of
her
Husband
,
suffering
in
Honour
,
Health
,
and
Imprisonment
,
for
a
word
mis-interpreted
,
and
still
pursued
in
the
Castle-Chamber
;
and
humbly
praying
a
Command
for
his
coming
into
England
,
&c.
His
Majesties
Reference
to
my
Lord
of
Strafford
,
Iuly
18.
1636.
His
Majesty
is
pleased
,
That
on
such
a
Submission
as
the
Lord
Deputy
shall
approve
of
,
he
shall
have
his
Liberty
to
come
into
England
;
wherein
the
Lord
Deputy
is
to
take
notice
,
and
to
give
Order
therein
accordingly
.
Mr.
Anslowe
being
asked
,
whether
this
was
brought
to
the
Deputy
by
the
Lady
Mountnorris
;
and
whether
he
did
not
reject
it
:
He
Answered
,
That
he
was
by
when
my
Lady
Mountnorris
presented
the
Petition
,
she
was
humbly
on
her
Knees
to
desire
my
Lord
of
Strafford
to
receive
it
:
And
he
refused
absolutely
to
receive
it
from
her
.
They
then
produced
the
Order
in
a
Cross
Suit
,
in
t
.
Robert
Parkhurst
Plaintiff
,
and
the
Lord
Baltinglasse
,
&
al.
Defendants
,
Et
e
contra
.
The
Order
was
read
,
whereby
certain
Lands
for
3000
l.
paid
at
several
times
to
the
Viscount
,
and
300
l.
more
to
be
paid
afterwards
,
were
setled
with
Sir
Robert
Parkhurst
.
William
Brettergh
Sworn
,
was
Interrogated
touching
my
Lord
Baltinglasse
a
Witness
.
his
Possession
of
the
said
Lands
,
and
his
dispossessing
thereof
.
He
Answered
,
That
he
was
Sollicitor
for
prosecuting
of
this
Cause
,
and
made
Defence
of
it
in
behalf
of
my
Lord
of
Baltinglasse
,
being
then
in
England
:
But
at
the
time
of
the
Decree
,
his
Lordship
was
come
over
;
That
his
Lordship
never
made
Answer
to
it
;
but
when
the
Cause
came
to
hearing
,
my
Lord
of
Strafford
ordered
the
Possession
of
the
Land
against
my
Lord
Baltinglasse
;
and
the
Possession
before
was
in
one
Grimble
,
who
was
Tenant
.
And
that
he
could
speak
many
other
things
concerning
the
carriage
of
it
.
Mr.
Glyn
desired
the
Witness
might
be
examined
touching
my
Lord
My
Lord
of
Strafford
confest
thereupon
,
that
he
had
it
,
but
it
was
The
Manager
observed
,
That
whether
it
was
for
a
Friend
,
or
himself
,
it
is
equal
;
for
a
man
will
do
a
courtesie
for
his
Friend
,
as
soon
To
such
parts
thereof
as
was
new
matter
,
my
Lord
of
Strafford
replied
,
in
substance
as
followeth
.
I
desire
that
these
matters
that
come
on
me
suddenly
,
and
being
no
part
In
the
business
of
my
Lord
of
Baltinglasse
,
I
remember
little
,
only
that
my
Lord
Baltinglasse
had
forfeited
his
Estate
to
Sir
Robert
Parkhurst
,
who
had
a
clear
and
free
Estate
in
the
Land
,
by
Fine
and
Recovery
,
and
divers
Conveyances
;
The
Lord
Baltinglasse
desired
me
to
take
the
hearing
of
the
Cause
,
to
see
if
I
could
procure
from
Sir
Robert
Parkhurst
,
a
further
sum
of
money
:
The
Order
was
made
with
both
their
likings
;
and
my
Lord
Baltinglasse
was
content
to
perfect
the
whole
Estate
.
Sir
Robert
Parkhurst
was
in
Possession
at
that
time
,
not
the
Lord
Baltinglasse
;
That
seeing
no
cause
to
relieve
him
in
Equity
,
they
left
him
to
seek
relief
in
other
places
.
That
afterwards
an
Agreement
was
made
,
300
l.
received
by
the
Lord
Baltinglasse
;
and
after
100
l.
more
got
to
be
given
,
and
so
there
was
a
full
Conveyance
and
Acquittance
from
Father
and
Son
,
That
himself
hath
no
Interest
in
it
,
but
only
of
Trust
to
anothers
use
.
For
that
which
was
offered
against
the
Jurisdiction
;
the
Proofs
are
Negative
,
and
contradict
not
what
I
have
offered
;
And
if
I
might
shew
my
Lord
of
Faulklands
Book
of
Entries
,
I
could
produce
as
much
done
by
my
Lord
Faulkland
alone
,
1623.
Attachments
against
Body
and
Goods
,
Hearings
between
Parties
and
Parties
,
Warrants
for
Distresses
,
Warrants
to
the
Sheriff
for
Possession
of
Lands
,
Injunctions
to
Judges
of
Assize
.
For
my
Lord
Mountnorris
his
Imprisonment
,
I
desire
Your
Lordships
to
observe
,
that
His
Majesties
Reference
is
,
That
I
shall
not
set
him
at
liberty
without
a
Submission
,
so
that
he
may
thank
himself
for
his
Restraint
.
For
my
Carriage
to
the
Lady
Mountnorris
at
the
delivering
the
Petition
,
I
desire
Your
Lordships
to
hear
a
Witness
.
Who
being
asked
to
that
purpose
,
Answered
,
That
he
was
present
when
my
Lady
Mountnorris
was
once
with
my
Lord
,
but
knows
not
whether
that
were
the
time
in
question
.
It
was
about
1636.
That
he
was
present
when
her
Son
delivered
one
before
;
which
my
Lord
would
receive
,
but
her
Son
would
not
deliver
the
Reference
,
but
a
Copy
,
being
so
Commanded
by
his
Lady
Mother
.
That
when
my
Lady
delivered
it
on
her
Knees
,
my
Lord
told
her
,
She
had
done
him
the
greatest
Injury
she
could
devise
;
and
that
if
she
had
broke
his
Head
,
she
should
have
pleased
him
better
.
Being
asked
,
whether
my
Lord
rejected
the
Petition
;
He
Answered
,
That
he
cannot
certainly
remember
what
was
done
with
it
;
but
my
Lord
said
,
he
could
not
do
any
thing
on
a
Copy
.
The
Lord
Viscount
Dillon
being
asked
to
the
same
point
,
Answered
,
He
was
by
when
my
Lady
Mountnorris
came
to
my
Lord
to
the
Covent-Garden
,
with
a
Petition
in
her
hand
,
and
kneeled
to
my
Lord
,
but
my
Lord
desired
her
to
rise
,
and
offering
the
Petition
,
he
said
,
he
would
not
meddle
with
any
Petition
at
that
time
;
That
my
Lord
was
going
abroad
,
and
led
her
to
her
Coach
in
Civility
,
but
received
not
the
Petition
.
My
Lord
of
Strafford
professeth
,
these
things
be
so
long
past
,
that
he
remembers
them
not
well
,
nor
whether
she
offered
a
Copy
the
second
The
Manager
did
here
observe
,
That
he
acknowledged
the
Civility
of
my
Lord
of
Strafford
in
this
point
;
but
there
is
one
point
sticks
with
him
,
And
so
after
a
short
Reply
to
the
two
particulars
last
mentioned
,
the
Manager
closed
the
6th
Article
,
conceiving
that
it
remains
as
was
offered
,
That
my
Lord
of
Strafford
hath
determined
things
contrary
to
the
Commission
and
Authority
obtained
from
His
Majesty
.
The
Manager
added
,
That
for
the
present
the
Commons
will
pass
by
the
7th
Article
,
and
proceed
to
the
8th
,
concerning
Arbitrary
Power
over
the
Estates
of
the
Kings
Subjects
;
And
of
that
,
the
last
part
,
only
concerning
the
Lady
Hibbott
.
But
my
Lord
of
Strafford
professing
his
disability
to
endure
the
Toil
;
The
House
was
Adjourned
till
next
day
.
The
Fourth
day
.
Thursday
,
March
26.
1641.
THE
Eighth
Article
.
The
Charge
.
THat
the
said
Earl
of
Strafford
,
upon
a
Petition
of
Sir
John
Gifford
And
the
said
Earl
,
without
any
Authority
,
and
contrary
to
his
Commission
,
required
and
commanded
the
said
Lord
.
Uiscount
to
yield
up
unto
him
the
Great
Seal
of
the
Realm
of
Ireland
,
which
was
then
in
his
Custody
,
by
His
Majesties
Command
,
and
imprisoned
the
said
Chancellor
for
not
obeying
such
his
Command
.
And
without
any
Legal
Proceeding
,
did
in
the
same
Thirtéenth
Year
imprison
George
Earl
of
Kildare
,
a
Péer
of
Ireland
,
against
Law
,
thereby
to
enforce
him
to
submit
his
Title
to
the
Mannor
and
Lordship
of
Castleleigh
in
the
Quéens
Country
,
(
being
of
great
yearly
value
)
to
the
said
Earl
of
Strafford's
Will
and
Pleasure
,
and
kept
him
a
year
Prisoner
for
the
said
cause
;
two
months
whereof
he
kept
him
close-Prisoner
,
and
refused
to
enlarge
him
,
notwithstanding
His
Majesties
Letters
for
his
Enlargement
to
the
said
Earl
of
Strafford
directed
.
And
upon
a
Petition
exhibited
in
October
,
Anno
Domini
1635.
by
Thomas
Hibbots
,
against
Dame
Mary
Hibbots
Widow
,
to
him
the
said
Earl
of
Strafford
;
the
said
Earl
of
Strafford
recommended
the
said
Petition
to
the
Council-Table
of
Ireland
,
where
the
most
part
of
the
Council
gave
their
Uote
and
Opinion
for
the
said
Lady
;
but
the
said
Earl
finding
fault
herewith
,
caused
an
Order
to
be
entred
against
the
said
Lady
,
and
threatned
her
,
that
if
she
refused
to
submit
thereunto
,
he
would
imprison
her
,
and
fine
her
Five
hundred
pounds
;
that
if
she
continued
obstinate
,
he
would
continue
her
Imprisonment
,
and
double
her
fine
every
month
;
by
means
whereof
she
was
enforced
to
relinquish
her
Estate
in
the
Lands
questioned
in
the
said
Petition
,
which
shortly
after
were
conveyed
to
Sir
Robert
Meredith
,
to
the
use
of
the
said
Earl
of
Strafford
.
And
the
said
Earl
in
like
manner
did
imprison
divers
others
of
His
Majesties
Subjects
,
upon
pretence
of
Disobedience
to
his
Orders
,
Decrées
,
and
other
illegal
Command
by
him
made
for
pretended
Debts
,
Titles
of
Lands
,
and
other
Causes
in
an
Arbitrary
and
extrajudicial
course
,
upon
Paper-Petitions
,
to
him
preferred
,
and
no
Cause
legally
depending
.
The
Article
was
opened
by
the
Manager
.
THomas
Hibbott's
Petition
to
my
Lord
of
Strafford
was
read
,
setting
forth
;
That
Sir
Thomas
Hibbot's
being
seized
of
certain
Land
,
conveyed
the
same
to
the
use
of
himself
for
life
,
after
death
to
the
Petitioner
in
Tail
,
and
divers
Remainders
over
:
That
Sir
Thomas
of
the
said
Lands
became
seized
for
life
,
and
died
,
the
Petitioner
being
in
England
,
and
not
knowing
of
the
Conveyance
.
That
Dame
Mary
Hibbots
,
Iohn
Hoy
her
Son
,
and
others
,
taking
advantage
of
his
absence
,
combined
to
get
the
Deeds
,
touching
the
Lands
,
into
their
hands
.
That
they
caused
one
Booky
to
come
into
England
to
perswade
the
Petitioner
to
go
into
Ireland
,
and
he
went
accordingly
,
and
was
brought
to
the
place
of
the
said
Ladies
abode
,
who
pretended
that
she
had
an
estate
in
the
Lands
during
life
.
That
by
this
means
,
before
he
could
be
advised
,
he
was
drawn
to
contract
for
the
Lands
at
half
value
,
and
he
entred
into
Bond
to
perform
Agreements
.
That
the
Petitioner
was
more
willing
thereunto
,
in
respect
of
a
desire
to
buy
other
Lands
of
Iohn
Martin's
,
and
agreed
for
it
,
and
was
to
receive
1800
l.
of
the
said
Lady
,
which
Martin
was
to
receive
,
and
the
greatest
part
paid
out
at
the
time
and
place
appointed
.
That
a
Deed-Poll
was
drawn
from
him
to
Seal
to
,
and
acknowledge
a
Fine
,
and
deliver
Security
for
great
part
of
the
purchase-money
.
That
notwithstanding
a
Fine
acknowledged
,
and
Security
given
up
,
the
Lady
Hibbots
refused
to
let
Martin
have
the
said
money
,
and
so
the
Petitioner
disappointed
of
the
Bargain
;
and
therefore
prays
,
that
the
Evidences
,
Deed-Poll
,
Fine
and
Bond
might
be
delivered
up
,
and
the
Agreement
discharged
,
being
surreptitiously
obtained
.
The
Lord-Deputies
Warrant
was
subscribed
and
read
,
bearing
Dated
15.
October
,
1635.
viz.
That
the
Lady
Hibbot
,
&c.
should
on
sight
thereof
,
forthwith
deliver
the
said
Deeds
,
&c.
to
Sir
Paul
Davis
,
and
to
appear
at
Council-Table
the
20th
of
this
instant
October
.
The
Manager
observed
,
That
the
Petition
was
preferred
in
the
name
of
Thomas
Hibbots
,
though
,
in
truth
,
he
had
never
knowledge
of
the
exhibiting
The
Decree
was
read
,
Iohn
Hoy
attesting
it
to
be
a
true
Copy
,
wherein
the
Petition
is
recited
,
and
the
time
;
and
it
is
set
forth
,
that
the
Courts
of
Justice
were
not
then
open
,
that
the
Petitioner
being
a
Stranger
,
it
was
not
fit
he
should
long
attend
.
That
the
Defendants
denied
the
fraud
charged
:
To
which
the
Plaintiff
Replied
,
the
Defendants
rejoin
,
time
given
to
examine
Witnesses
,
and
a
day
for
hearing
set
down
.
That
at
the
hearing
,
it
appears
the
said
Lady
brake
into
her
deceased
Husbands
Study
,
possest
her self
of
the
Deeds
and
Writings
.
That
Booky
was
sent
over
(
as
might
be
conceived
)
to
circumvent
the
Plaintiff
.
That
getting
him
to
her
house
,
she
contracted
with
him
for
1600
l.
before
he
knew
of
the
value
;
that
understanding
it
to
be
worth
2250
l.
he
refused
to
proceed
,
and
then
the
Lady
raised
the
price
to
2500
l.
That
by
not
payment
of
a
part
of
it
,
the
bargain
with
Mr.
Martin
(
the
cause
of
his
treaty
with
the
Lady
)
was
disappointed
.
That
the
Lady
pretended
an
Estate
for
life
in
the
Lands
,
when
she
had
only
an
Estate
in
part
for
99
years
,
if
she
lived
so
long
,
and
no
Estate
in
other
parts
thereof
,
which
the
Plaintiff
knowing
not
of
,
could
not
suffer
a
Praecipe
quod
reddat
without
her
joyning
,
whereas
being
but
Lessee
for
99
years
he
might
.
That
it
appears
by
the
Deeds
that
the
Plaintiff
intended
not
to
sell
the
Lands
,
for
that
he
knew
them
not
,
as
appeared
by
Circumstances
,
which
the
Order
doth
more
particularly
set
down
.
That
the
criminal
part
should
be
reserved
,
to
be
made
use
of
by
the
King's
Council
;
that
for
the
civil
part
,
the
said
Bargain
was
Ordered
to
be
void
.
That
the
Fine
not
yet
recorded
,
but
remaining
unreturned
,
shall
be
cancelled
,
if
the
Plaintiff
shall
require
it
.
And
the
Lady
to
have
only
such
Estate
as
she
had
before
,
and
no
other
.
And
both
Parties
are
hereunto
to
yield
Obedience
,
24.
November
,
1635.
Adam
Loftus
Chancellor
,
Ormond
,
Valentia
,
Moore
,
Dillon
,
Sherley
,
Lowther
,
Wainsford
,
Manwareing
,
Tiringham
,
George
Ratcliffe
.
The
Manager
opened
the
Nature
of
the
Cause
,
observed
the
particular
Robert
Meredith
and
others
for
3000
l.
to
the
use
of
the
Earl
of
Strafford
,
and
he
sold
them
back
to
the
Lady
Hibbots
for
7000
l.
That
when
this
Petition
was
preferred
,
Thomas
Hibbots
desired
to
be
gone
,
and
have
his
money
;
applies
himself
to
Sir
William
Parsons
for
advice
,
Whether
he
might
not
withdraw
his
Petition
;
he
sends
him
to
Sir
George
Ratcliffe
,
Sir
George
opposes
it
;
the
Petitioner
goes
to
my
Lord
of
Strafford
,
and
he
tells
him
,
Do
not
withdraw
your
Suit
,
500
l.
more
in
your
purse
will
do
you
no
hurt
.
Iohn
Hoy
was
first
produced
as
a
Witness
,
and
sworn
.
My
Lord
of
Strafford
offered
to
their
Lordships
Consideration
,
that
the
Witness
is
to
have
the
Inheritance
of
the
Lands
,
and
so
swears
directly
for
But
the
Manager
Answered
,
That
if
he
shall
have
the
Inheritance
,
his
He
was
asked
,
What
he
knew
concerning
the
Agreement
between
Thomas
Hibbots
and
the
Lady
Hibbots
,
for
the
Purchase
of
the
Reversion
of
the
said
Lands
,
the
tearms
and
times
.
He
Answered
,
with
desire
to
use
his
Notes
,
That
Thomas
Hibbots
about
7.
September
continued
two
or
three
days
in
Dublin
,
and
then
came
to
Castlington
,
continued
there
a
full
day
,
and
not
a
word
spoken
of
the
Bargain
.
That
the
Writings
,
whereby
the
Estate
was
setled
,
were
shewed
him
,
the
said
Thomas
,
and
he
read
them
.
That
being
asked
,
Whether
he
would
have
more
satisfaction
;
He
said
,
He
was
satisfied
;
being
demanded
whether
he
would
live
in
Ireland
,
and
keep
his
Estate
;
he
said
,
No
,
and
that
he
would
sell
most
of
it
.
That
the
Lady
Hibbots
desired
she
might
be
preferred
in
the
Sale
,
having
interest
by
Joynture
,
and
she
conceived
it
for
life
;
and
demanded
what
he
would
ask
,
that
he
answered
,
What
she
pleased
above
2000
l.
That
being
asked
,
Whether
he
knew
the
Land
,
he
answered
,
He
knew
it
,
for
some
years
before
he
was
in
Ireland
in
Sir
Thomas
his
life
time
,
and
a
Servant
of
his
had
shewed
him
the
Land
.
That
she
offered
1500
l.
and
he
said
,
For
1600
l.
she
should
have
it
,
and
so
it
was
agreed
.
That
she
sent
the
Deponent
up
for
100
l.
but
the
said
Thomas
said
,
He
would
not
use
so
much
,
and
took
only
20
s.
to
bind
the
Bargain
.
That
on
Monday
following
they
went
to
Dublin
to
draw
up
Articles
to
perfect
the
Bargain
,
and
two
or
three
days
were
spent
about
it
.
That
he
the
Deponent
tendered
the
Articles
,
and
he
the
said
Thomas
excepted
against
the
general
Warranty
,
which
he
desired
might
be
amended
,
and
then
he
would
perfect
them
,
and
it
was
amended
accordingly
.
That
in
the
interim
,
the
day
before
Sir
Robert
Meredith
went
to
him
,
and
treated
with
him
,
offering
,
if
he
would
break
off
,
he
the
said
Sir
Robert
would
save
him
harmless
,
as
Thomas
Hibbots
told
him
the
Deponent
.
That
thereupon
Thomas
Hibbots
flies
off
,
and
told
him
the
Deponent
Sir
Robert
Meredith
offered
him
2250
l.
That
thereupon
he
the
Deponent
left
the
Town
,
and
went
to
his
Mother
,
and
informed
her
of
it
.
That
before
the
breach
of
the
Bargain
,
he
the
Deponent
procured
a
Subpaena
,
to
sue
the
said
Thomas
thereupon
,
and
that
the
said
Lady
coming
to
Town
with
the
Deponent
,
the
said
Thomas
came
to
her
,
and
being
asked
the
reason
,
why
he
would
break
the
Bargain
,
he
answered
,
Sir
Robert
Meredith
had
offered
so
much
,
and
she
answering
,
That
she
would
not
give
an
under-value
,
because
she
would
not
have
another
get
the
Reversion
.
He
Replied
,
That
for
2500
l.
she
might
have
it
,
which
she
was
content
to
give
;
and
the
Agreement
was
made
.
That
the
said
Thomas
went
immediately
to
Sir
Robert
Meredith
to
give
him
an
Answer
,
and
satisfied
him
;
That
he
the
Deponent
met
Sir
Robert
Meredith
coming
out
of
his
Lodging
,
and
challenged
him
of
this
unneighborly
courtesie
,
who
said
,
it
is
true
,
he
was
about
it
,
but
the
Lady
Hibbots
had
bid
more
than
he
,
and
wished
her
much
joy
of
it
.
That
the
next
day
the
Articles
for
the
1600
l.
were
perfected
,
and
a
Bond
given
for
900
l.
to
make
it
up
the
Sum
of
2500
l.
and
this
to
be
paid
in
England
(
for
there
was
no
motion
about
Land
in
England
from
the
said
Thomas
.
)
That
two
days
after
he
the
said
Thomas
went
to
Iohn
Martin
,
who
had
a
little
Estate
,
and
treated
for
the
Estate
,
for
which
he
was
to
give
him
1900
l.
That
the
said
Thomas
came
back
to
Dublin
,
and
tells
the
Deponent
of
it
,
who
had
taken
a
course
to
exchange
2000
l.
for
him
,
and
was
to
have
near
80
l.
for
exchange
of
it
.
That
notwithstanding
,
on
Mr.
Hibbots
return
,
he
the
Deponent
was
content
he
should
have
it
paid
there
.
That
soon
after
Thomas
Hibbots
acknowledged
a
Fine
,
perfected
a
Feoffment
,
and
so
passed
all
the
Estate
that
could
be
in
himself
.
But
the
Lady
thought
it
could
not
be
secure
without
a
Recovery
;
for
the
said
Thomas
had
but
one
Son
,
who
had
no
Son
,
and
the
life
of
the
man
is
uncertain
;
yet
before
that
was
desired
,
Thomas
Hibbots
saying
Mr.
Martin
was
willing
to
receive
the
money
;
he
the
Deponent
appointed
a
day
for
receiving
of
it
,
and
paid
Mr.
Martin
1800
l.
giving
Bond
for
payment
of
100
l.
16.
November
,
this
being
9th
of
October
.
That
he
delivered
Mr.
Hibbots
60
l.
and
procured
a
Bill
of
Exchange
to
be
paid
at
Nesson
on
sight
40
l.
That
he
took
up
the
900
l.
Bond
,
entred
into
by
his
Mother
,
and
gave
a
Bond
for
payment
of
500
l.
at
Chester
a
day
following
.
That
the
money
being
sealed
up
by
Mr.
Martin
,
it
was
left
there
that
night
,
and
the
next
day
they
were
to
go
to
the
Lady
to
enquire
if
they
had
sufficient
Security
,
and
went
accordingly
,
and
carried
the
Deeds
along
with
them
.
That
the
Ladies
Council
told
her
,
a
Recovery
was
necessary
,
which
might
be
done
the
first
day
of
the
Term.
That
he
the
Deponent
desired
Mr.
Hibbots
to
stay
till
the
Term
,
and
offered
to
bear
his
Charges
,
but
he
would
not
,
Winter
growing
on
,
and
said
plainly
,
He
would
not
stay
.
That
thereupon
he
the
Deponent
served
him
with
a
Writ
he
had
prepared
on
the
first
Bargain
.
That
immediately
the
said
Thomas
goes
away
to
Mr.
Sambridge
,
and
informed
him
,
that
he
had
been
often
with
him
the
Deponent
to
break
the
Bargain
,
and
now
is
served
with
a
Writ
,
and
therefore
prayed
him
to
draw
a
Petition
to
my
Lord-Deputy
,
which
was
drawn
accordingly
.
To
which
the
Lady
and
Deponent
had
time
to
Answer
till
Thursday
:
That
the
time
was
short
,
and
there
was
a
mistake
in
the
Answer
;
for
it
was
set
forth
that
the
Lady
had
an
Estate
for
life
,
whereas
she
had
an
Estate
but
for
99
years
,
if
she
lived
so
long
.
That
on
this
mistake
discovered
,
my
Lord-Deputy
called
for
the
Constable
of
the
Castle
,
and
commanded
the
Clerk
of
the
Council
to
draw
a
Warrant
to
commit
their
Council
,
till
the
Gentleman
fell
on
his
knees
,
and
openly
asked
forgiveness
.
That
then
they
could
hardly
get
Council
to
plead
:
That
there
was
a
Reply
and
Rejoynder
.
And
in
the
interim
Mr.
Hibbots
came
to
him
the
Deponent
,
went
to
the
Master
of
the
Wards
,
and
desired
to
be
dismissed
.
That
Sir
George
Ratcliffe
appointed
them
to
attend
him
,
which
they
did
.
That
Sir
George
took
Mr.
Hibbots
with
him
,
and
on
Sunday
following
the
Lord-Deputy
being
informed
of
Hibbots
consent
,
on
Monday
he
sent
for
Hibbots
,
and
wishes
him
to
go
on
with
the
Suit
,
and
asked
him
,
What
hurt
it
would
do
him
to
carry
500
l.
more
to
England
.
The
next
day
being
Tuesday
,
there
was
no
Witnesses
examined
,
though
a
time
was
appointed
to
examine
them
;
for
the
Clerk
of
the
Council
was
busie
,
and
could
not
attend
it
.
That
they
desired
Hibbots
might
be
examined
,
and
they
would
be
bound
by
his
Oath
,
and
his
Lordship
granted
a
Warrant
for
it
;
and
Mr.
Hibbots
was
almost
examined
,
for
on
a
Council-day
the
Order
was
given
to
the
Deponent
.
But
that
very
Afternoon
my
Lord-Deputy
came
to
the
Council-Board
,
and
as
soon
as
he
was
sate
,
spake
to
this
effect
;
Here
is
a
business
concerning
my
Lady
Hibbots
,
prosecuted
with
a
great
deal
of
Violence
that
ever
I
knew
,
and
an
Order
procured
for
the
Examination
of
the
Plaintiff
;
but
if
any
such
Order
be
,
or
Examination
taken
,
I
will
have
it
damned
;
and
this
is
as
much
as
he
can
speak
.
Being
asked
,
Whether
my
Lord
of
Strafford
did
not
threaten
my
Lady
Hibbots
with
Imprisonment
,
till
she
performed
the
Order
.
He
Answered
,
That
on
the
first
of
Ianuary
,
after
the
Decree
,
my
Lord-Deputy
sent
to
the
Lady
Hibbots
house
,
to
require
her
and
him
the
Deponent
to
attend
him
,
which
they
did
accordingly
,
and
were
called
into
his
Chamber
,
where
was
Mr.
Sambridge
of
Council
with
Mr.
Hibbots
,
a
Sister
of
the
Deponents
,
he
the
Deponent
,
and
some
others
.
That
my
Lord-Deputy
asked
them
,
Why
they
would
not
perfect
the
Re-assurance
according
to
the
Order
,
to
which
the
Deponent
offered
some
Exceptions
,
drawn
up
by
the
Council
,
alledging
,
that
they
could
not
possibly
perform
the
words
of
the
Order
,
and
that
they
might
perform
them
as
near
as
might
be
;
they
shewed
a
course
that
might
be
observed
,
but
my
Lord-Deputy
said
,
He
would
not
be
cavil'd
withall
,
he
would
have
the
Order
of
the
Board
obeyed
;
and
since
they
juggle
thus
,
his
Lordship
said
,
He
would
have
the
Orders
drawn
up
,
and
tendered
,
and
that
if
they
will
not
perform
them
,
he
will
commit
them
to
the
Castle
,
where
they
shall
lie
a
month
,
at
that
months
end
he
will
send
for
them
to
the
Council-Board
,
and
tender
them
again
,
and
if
they
would
not
perform
them
,
he
will
Fine
them
500
l.
and
another
months
Imprisonment
,
and
then
tender
them
again
,
and
if
they
will
not
perform
then
,
he
will
Fine
them
1000
l.
and
another
months
Imprisonment
,
and
so
from
time
to
time
,
till
they
had
performed
the
Orders
of
the
Board
.
Being
asked
,
Whether
these
Lands
were
not
purchased
in
the
Name
of
Sir
Robert
Meredith
,
and
others
,
and
to
whose
use
?
He
Answered
,
That
he
hath
the
Deeds
of
the
Land
himself
,
and
what
the
Dates
are
he
doth
not
remember
.
But
he
knows
the
Lands
were
purchased
in
the
Name
of
Sir
Robert
Meredith
and
others
,
but
he
cannot
speak
to
whose
use
,
but
from
Sir
Robert
Meredith's
own
mouth
,
for
when
he
the
Deponent
paid
7000
l.
to
him
,
he
the
Deponent
was
telling
him
the
great
advantage
he
made
by
this
Bargain
.
In
truth
,
saith
Sir
Robert
,
the
advantage
is
nothing
to
me
,
I
receive
it
with
one
hand
,
and
carry
to
the
Castle
with
the
other
.
That
the
beginning
of
December
last
Sir
Robert
sent
for
this
Deponent
,
and
told
him
,
He
heard
he
was
coming
over
to
complain
of
such
a
matter
,
but
desired
him
the
Deponent
not
to
trouble
him
,
for
he
protested
seriously
,
he
had
nothing
to
do
with
the
business
,
his
Name
was
only
used
as
Sir
Philip
Persivals
and
Sir
Robert
Loftus
,
it
was
meerly
to
my
Lord
Lieutenants
use
.
The
Manager
observed
,
That
when
their
Lordships
have
heard
this
,
they
Mr.
Hoy
being
asked
to
the
matter
of
the
Vote
.
He
said
,
He
was
withdrawn
when
they
gave
their
Vote
,
but
a
noble
Thomas
Hibbots
was
sworn
,
and
being
asked
,
Whether
there
was
not
a
Thomas
Hibbots
a
Witness
.
Petition
preferred
to
the
Lord-Lieutenant
there
for
breaking
off
the
Bargain
between
himself
and
the
Lady
Hibbots
,
and
answered
before
he
knew
of
it
.
He
Answered
,
having
the
Questions
dictated
by
the
Clerk
,
being
an
old
deaf
man
:
That
he
caused
a
Petition
to
be
drawn
,
but
not
this
;
that
this
Petition
he
knew
nothing
at
all
of
;
that
he
wished
a
Petition
to
be
drawn
by
Mr.
Sambridge
,
but
it
was
only
that
he
might
have
his
money
,
and
go
into
his
Country
.
Being
asked
,
Whether
,
after
the
Petition
drawn
and
answered
,
he
did
go
to
Sir
William
Parsons
,
and
desired
to
be
quit
of
the
Suit
,
and
that
he
went
thereupon
to
Sir
George
Ratcliffe
,
and
what
passed
?
He
Answered
,
He
sent
to
Sir
William
Parsons
,
and
he
sent
him
to
Sir
George
Ratcliffe
,
and
Sir
George
Ratcliffe
said
,
He
should
not
be
dismissed
from
the
Board
.
Being
asked
,
Whether
my
Lord
of
Strafford
did
not
send
for
him
,
and
tell
him
500
l.
more
in
his
purse
would
do
him
no
harm
.
He
Answered
,
It
is
true
,
my
Lord
wished
him
to
go
on
with
his
Suit
at
the
Board
,
and
that
no
man
in
Ireland
should
do
him
wrong
,
and
it
would
do
him
no
harm
to
carry
over
500
l.
more
.
Being
asked
,
What
Sir
Robert
Meredith
said
to
him
.
He
Answered
,
That
he
would
bring
all
the
Writings
to
him
the
Deponent
.
Being
asked
on
my
Lord
of
Strafford's
Motion
,
what
Fees
he
laid
out
.
He
Answered
,
40
l.
to
Mr.
Sambridge
;
and
the
Manager
observed
,
he
was
preferred
presently
after
the
Bargain
was
executed
.
Being
asked
,
What
words
were
used
to
the
Lady
Hibbots
.
He
Answered
,
That
my
Lord-Deputy
asked
,
Will
you
not
perform
the
Order
;
If
not
by
such
a
day
,
I
will
send
you
to
the
Castle
,
and
there
you
shall
lie
a
month
,
and
at
the
months
end
you
shall
be
brought
to
the
Board
,
and
have
500
l.
laid
on
your
head
,
and
at
another
months
end
1000
l.
more
Fine
,
and
you
shall
go
back
to
the
place
again
,
and
after
that
a
third
months
Imprisonment
,
and
your
Fine
increased
;
your
Estate
I
know
is
very
great
,
and
if
it
were
ten
times
bigger
than
it
is
,
I
will
make
it
crack
.
To
prove
that
the
major
part
of
the
Board
was
against
the
Plaintiff
.
The
Lord
Mountnorris
was
asked
,
Whether
he
was
present
at
the
Council-Table
He
Answered
,
He
was
there
present
,
and
the
major
Vote
went
for
the
Lady
,
and
there
were
12
or
11
,
he
cannot
possibly
say
which
(
though
he
took
it
then
perfectly
into
memory
)
on
one
side
,
and
nine
on
the
other
side
.
The
Earl
of
Corke
asked
to
the
same
purpose
.
He
first
made
an
humble
Suit
to
their
Lordships
,
that
he
might
not
be
produced
as
a
Witness
against
the
Prisoner
.
His
Reason
is
,
That
when
he
hath
delivered
a
true
Testimony
,
my
Lord
of
Strafford
presently
pursues
him
,
and
lays
Imputations
and
scorns
upon
him
;
and
therefore
humbly
prayed
to
be
spared
,
else
that
he
might
have
liberty
to
justifie
himself
.
Whence
the
Manager
observed
,
What
it
is
to
fall
on
Witnesses
persons
extravagantly
,
when
they
produce
them
,
and
therefore
desired
my
Lord
My
Lord
of
Corke
added
,
That
my
Lord
of
Strafford
accused
him
to
have
a
Pardon
,
whereas
he
knows
he
hath
none
.
That
he
is
an
honest
man
,
and
wishes
my
Lord
of
Strafford
could
leave
the
Kingdom
with
as
much
Reputation
as
himself
had
left
it
.
And
for
the
matter
demanded
,
his
Lordship
said
,
He
was
at
the
hearing
of
the
Cause
,
and
Voted
against
the
Plaintiff
;
but
whether
the
major
part
Voted
against
him
or
no
,
he
knows
not
.
Being
asked
,
What
words
my
Lord
of
Strafford
said
about
making
a
party
in
that
Cause
.
He
Answered
,
That
he
thinks
he
spake
these
words
,
He
did
not
think
there
would
have
been
a
party
against
him
,
for
if
he
had
,
he
would
not
have
brought
it
to
that
Table
,
for
the
Petition
was
preferred
to
himself
.
Sir
Adam
Lofius
being
asked
,
What
Sir
Robert
Meredith
told
him
of
his
part
in
the
Bargain
.
He
Answered
,
That
he
heard
him
say
,
He
had
no
Title
or
Interest
in
it
,
but
only
his
name
used
in
trust
,
but
for
whom
he
did
not
declare
,
and
that
was
all
he
said
to
him
.
The
Manager
added
,
That
they
have
another
Witness
to
prove
that
of
the
majority
of
the
Vote
,
my
Lord
of
Ely
,
but
he
is
sick
.
And
so
the
Manager
summed
up
the
Evidence
,
and
observed
it
to
be
something
,
that
my
Lord
of
Strafford
should
pitch
upon
the
very
sum
of
500
l.
that
Mr.
Hibbots
had
by
way
of
increase
.
That
the
Order
was
made
with
an
examination
of
Witnesses
,
on
pretence
of
Fraud
,
where
the
Lady
denied
it
on
Oath
,
and
that
though
it
was
so
great
a
fraud
in
the
Lady
to
procure
a
Reversion
for
2500
l.
which
was
sold
for
3000
l.
and
afterwards
re-sold
to
the
Lady
for
7000
l.
and
so
concluded
that
it
is
an
Arbitrary
Government
,
drawn
into
my
Lord
of
Strafford's
own
breast
,
and
the
Inheritance
of
a
great
Estate
taken
from
the
King
's
Subject
without
Rule
of
Law
,
there
being
a
Fine
levied
,
but
being
not
retorned
(
as
the
Commissioners
are
bound
to
retorn
it
)
he
made
an
Order
it
should
not
be
retorned
,
and
a
Lady
threatened
with
doubling
and
trebling
the
Fine
,
and
one
of
the
Feoffees
,
Sir
Robert
Meredith
,
confesses
it
was
for
my
Lord
of
Strafford
.
And
to
prove
that
,
Sir
Philip
Persival
acknowledged
so
much
.
Mr.
Fitzgarret
was
Interrogated
,
What
Sir
Philip
Persival
said
,
who
thereupon
answered
,
That
Sir
Philip
had
often
told
him
,
the
Purchase
was
to
the
use
of
my
Lord-Deputy
,
now
Earl
of
Strafford
.
That
he
hath
had
occasion
of
Conference
with
him
about
the
Estate
,
and
hath
sometimes
discoursed
with
him
concerning
the
Estate
wherein
his
name
was
used
.
That
he
the
Deponent
might
understand
how
far
it
concerned
him
,
telling
him
,
that
the
Estate
would
one
day
be
questioned
.
And
Sir
Philip
protested
,
he
never
knew
of
this
business
till
his
name
was
put
into
it
,
and
he
came
to
Seal
the
Writings
,
and
that
it
was
to
the
use
of
my
Lord-Deputy
.
Some
Questions
arising
about
the
number
of
Hands
to
the
Order
,
being
in
all
14.
The
Manager
observed
,
That
more
have
subscribed
than
those
that
gave
My
Lord
of
Corke
being
asked
to
that
Point
.
Answered
,
That
he
knows
nothing
of
it
.
The
Lord
Primate
of
Ireland
his
Examination
was
offered
,
and
was
admitted
To
the
fourth
Inter.
That
when
the
Major
part
of
the
Council-Board
go
one
way
,
and
the
Minor
part
another
way
;
when
the
Order
is
drawn
up
,
the
Minor
part
Signs
it
as
well
as
the
Major
.
The
Lord-Deputy
alledging
it
to
be
the
practise
of
the
Council
of
England
,
and
he
himself
had
done
it
;
but
before
my
Lord
of
Strafford's
coming
he
never
knew
it
to
be
so
.
Lord
Renula
being
asked
to
the
same
Point
.
Answered
,
That
he
doth
not
remember
that
Order
to
be
of
force
there
till
of
late
years
,
and
that
my
Lord
of
Strafford
hath
declared
to
them
that
it
is
the
practise
of
England
,
and
when
the
Major
part
doth
subscribe
,
though
others
be
of
different
Opinions
,
they
are
involved
in
it
,
and
must
subscribe
.
The
Lord
Savil
desired
he
might
be
asked
,
Whether
he
ever
knew
,
that
when
the
Major
part
did
Vote
against
an
Order
,
they
did
subscribe
it
.
The
Manager
answered
,
That
that
's
their
grief
;
and
though
there
be
no
such
Course
,
yet
if
it
concern
my
Lord
of
Strafford
,
he
will
make
it
a
Lord
Renula
being
asked
,
Whether
he
were
present
at
the
Council-Table
when
this
Vote
was
given
,
and
what
he
heard
concerning
the
He
Answered
,
That
he
was
not
there
,
and
he
heard
very
little
of
it
;
that
the
most
he
heard
of
it
,
was
since
the
coming
of
this
Gentleman
,
Mr.
Hoy
,
into
England
;
and
that
to
his
best
remembrance
he
heard
Sir
William
Parsons
,
now
Lord
Chief
Justice
,
say
,
He
was
informed
the
Major
Vote
went
against
Sir
Robert
Meredith
.
And
so
the
Manager
concluded
the
Charge
as
to
the
Eighth
Article
,
saying
,
That
here
is
a
Proceeding
for
a
Free-hold
,
contrary
to
the
Fundamental
Laws
of
the
Kingdom
,
contrary
to
the
Instructions
in
the
manner
and
measure
as
their
Lordships
had
heard
.
My
Lord
of
Strafford
,
after
some
time
given
for
the
re-collecting
of
his
Notes
,
began
his
Reply
in
substance
as
followeth
:
I
will
,
with
your
Lordships
noble
permission
,
justifie
my self
against
Having
been
blamed
by
the
Gentlemen
at
the
Bar
for
going
to
matters
not
pertinent
,
I
shall
henceforth
keep
my self
to
that
within
the
Charge
,
trusting
that
the
things
wherewith
I
am
not
Charged
,
shall
not
dwell
with
your
Lordships
to
my
prejudice
,
but
that
your
Lordships
will
in
your
Nobleness
and
Justice
reserve
to
your selves
,
till
in
its
proper
place
and
kind
,
I
shall
Answer
thereunto
,
conceiving
that
I
am
to
Answer
only
to
Treason
,
not
to
Misdemeanor
.
The
Charge
opened
,
is
a
Decree
given
by
the
Deputy
and
Council
of
Ireland
,
to
the
subversion
of
the
Fundamental
Laws
,
and
to
the
bringing
in
of
an
Arbitrary
and
Tyrannical
Government
.
Whether
it
be
so
or
no
,
or
whether
by
any
manner
of
Construction
it
can
be
brought
as
an
Argument
to
convince
me
of
High-Treason
,
I
conceive
I
am
to
Answer
.
Whether
the
Decree
be
in
it self
just
or
unjust
,
is
not
the
question
,
but
will
come
clearly
to
your
Lordships
judgments
upon
the
Petition
of
the
party
when
she
shall
sue
for
her
Right
.
And
when
it
comes
to
be
Charged
upon
me
as
a
Misdemeanor
,
I
shall
give
such
an
Answer
as
befits
me
.
There
is
nothing
in
this
Charge
that
can
be
interpreted
Treason
,
for
it
is
but
the
exercising
of
a
Jurisdiction
in
the
Deputy
,
which
he
hath
Commission
for
from
His
Majesty
;
and
the
inlarging
of
a
Jurisdiction
in
a
Judg
,
I
conceive
,
is
not
Treason
.
The
Proofs
formerly
offered
to
prove
the
use
and
practise
of
the
Deputies
(
which
I
need
not
repeat
,
your
Lordships
being
Persons
of
great
Wisdom
,
and
once
said
,
always
said
,
)
come
to
my
help
and
assistance
in
my
Charge
,
the
question
being
upon
the
same
Jurisdiction
only
,
and
that
in
one
particular
Circumstance
I
conceive
my self
stronger
in
this
Cause
than
in
that
of
my
Lord
Mountnorris
.
This
Case
being
of
a
Petition
preferred
to
me
,
but
referred
by
me
to
be
heard
before
the
Council-Board
;
and
the
Witnesses
say
,
That
though
they
did
not
know
nor
remember
,
that
the
Deputy
himself
heard
Causes
alone
,
yet
it
was
frequent
for
the
Deputy
to
receive
Petitions
,
and
refer
them
to
the
Board
.
So
that
I
conceive
I
have
exercised
or
done
nothing
,
but
according
to
the
Practise
and
Customs
of
that
Kingdom
,
and
consequently
cannot
be
made
use
of
as
an
Argument
that
I
subvert
the
Fundamental
Laws
,
or
bring
in
Arbitrary
or
Tyrannical
Government
,
when
I
step
in
the
paths
of
my
Predecessors
,
and
the
practise
of
other
men
in
the
like
Cases
.
And
that
I
say
as
to
this
Point
of
Jurisdiction
.
The
next
Point
I
am
Charged
with
is
,
That
the
most
part
of
the
Council-Board
Voted
against
it
;
whereas
I
say
in
my
Answer
,
the
most
part
Voted
for
it
,
and
on
that
I
most
humbly
insist
still
,
and
shall
make
it
clearly
appear
to
be
so
.
For
Proof
on
the
other
Side
,
they
have
only
my
Lord
Mountnorris
his
Testimony
,
who
saies
,
They
had
12
against
the
Order
,
and
nine
for
it
.
And
Mr.
Hoy
saith
,
That
an
Honourable
Person
that
night
told
him
,
12
were
for
him
and
nine
against
him
;
so
it
must
all
be
one
man
,
and
one
Testimony
.
To
prove
the
Major
part
was
for
the
Decree
,
there
was
the
Order
signed
under
the
Clerk
of
the
Council
,
a
sworn
Minister
,
who
could
not
draw
it
up
without
the
plurality
of
Voices
,
being
against
the
constant
practise
of
the
Board
to
do
otherwise
.
That
this
was
the
practise
,
I
desire
my
Lord
Primate's
Examination
may
be
read
to
the
second
,
third
,
fourth
,
fifth
and
sixth
Interrogatories
.
Those
his
Examinations
which
were
taken
in
the
presence
of
the
Peers
and
Commons
,
taken
this
morning
,
being
admitted
to
be
read
,
and
the
former
taken
in
the
absence
of
the
Members
of
the
Commons
House
,
being
declared
to
be
suppressed
.
The
said
Examinations
were
read
accordingly
.
2.
To
the
Second
,
he
knows
the
use
was
to
prefer
Petitions
to
all
the
Chief
Governors
that
have
been
within
these
fifty
years
last
,
but
what
hath
been
thereupon
he
cannot
say
.
This
my
Lord
of
Strafford
observed
is
to
the
Jurisdiction
.
3.
It
is
the
received
practise
of
that
Board
,
that
the
Clerk
of
the
Council
,
being
a
sworn
Minister
,
should
draw
up
the
Opinions
according
to
the
Major
part
of
the
Board
.
4.
That
he
hath
not
known
the
Earl
of
Strafford
to
have
at
any
time
urged
or
pressed
any
Member
of
the
Board
contrary
to
his
own
Opinion
.
5.
That
he
hath
heard
him
divers
times
profess
he
had
but
a
single
Voice
,
and
that
Matters
were
to
pass
according
to
the
major
part
of
the
Voices
of
the
Board
.
Whence
my
Lord
of
Strafford
observed
,
That
the
Clerk
of
the
Council
,
being
a
sworn
Officer
,
is
perjured
,
else
the
greater
part
of
the
Board
was
against
the
Lady
Hibbots
.
Robert
Lord
Dillon
being
asked
concerning
the
use
of
the
Board
in
the
Clerk
of
the
Councils
drawing
up
Orders
,
according
to
the
major
He
Answered
,
That
the
Clerk
of
the
Council
is
a
sworn
Minister
of
His
Majesty
,
and
by
duty
of
his
Place
is
to
take
notice
of
the
Votes
,
and
accordingly
to
draw
up
the
rough
draughts
of
Orders
,
and
to
present
them
to
the
Board
,
to
see
whether
they
be
to
the
sense
of
the
major
part
of
the
Votes
.
That
he
was
present
at
the
Council-Board
when
this
Cause
was
Voted
,
but
cannot
say
,
upon
his
knowledge
,
it
was
drawn
up
according
to
the
major
part
of
the
Voices
at
the
Board
,
for
he
counted
not
the
Votes
;
but
that
was
an
inducement
to
him
to
believe
so
,
because
the
Clerk
of
the
Council
drew
it
up
so
;
and
it
is
the
Order
of
the
Board
,
when
the
major
part
Votes
,
those
that
dissent
,
in
regard
their
Votes
are
involved
,
do
commonly
Sign
,
and
that
he
had
seen
some
Sign
to
the
Order
which
had
given
Vote
against
the
Decree
.
Being
asked
severally
how
his
Vote
passed
in
this
Order
,
and
whether
the
major
part
did
not
Vote
it
,
whether
my
Lord
of
Strafford
did
not
always
submit
his
Opinion
to
the
major
part
,
and
whether
in
a
Case
that
concerned
my
Lord
Renula
,
there
were
eight
at
the
Board
,
and
four
went
one
way
,
and
four
another
,
that
my
Lord
of
Strafford
would
not
over-rule
it
,
but
called
in
another
,
and
desired
the
whole
business
might
be
referred
to
him
;
whether
before
my
Lord
of
Strafford's
restraint
,
this
Order
was
questioned
on
this
Point
for
want
of
the
major
part
of
Voices
,
and
whether
at
the
signing
of
it
,
or
any
time
after
,
he
heard
any
Councellor
except
against
the
Order
.
His
Lorship
Answered
,
That
he
gave
his
Vote
for
the
Decree
,
that
he
reckoned
not
the
Votes
,
but
conceives
the
major
part
were
for
it
;
that
he
remembers
not
my
Lord
urging
any
man
to
Vote
contrary
to
his
Opinion
,
or
over-ruled
it
,
but
was
content
to
let
it
go
:
That
he
remembers
not
the
contrary
,
but
my
Lord
submitted
to
the
major
part
of
the
Votes
:
That
in
the
business
betwixt
my
Lord
Renula
Plaintiff
and
one
Ormesby
,
he
remembers
there
were
but
eight
men
at
the
Board
,
whereof
my
Lord-Deputy
made
one
,
and
four
fell
on
one
side
,
and
four
on
the
other
,
and
my
Lord
Renula
was
then
present
,
as
he
takes
it
,
though
withdrawn
at
the
instant
,
and
for
ought
he
knows
my
Lord
Renula
can
say
something
to
it
.
That
when
my
Lord
gave
his
Vote
,
he
said
,
He
would
not
take
the
priviledge
of
casting
the
Cause
,
but
left
it
to
an
absent
Counsellor
,
and
which
way
soever
he
inclined
,
the
Cause
should
go
;
and
afterwards
that
Councellor
did
Vote
against
the
Opinion
of
my
Lord-Deputy
,
and
the
Order
was
drawn
up
so
:
That
he
never
heard
of
any
Complaint
of
the
Order
,
nor
heard
of
the
business
,
till
he
came
to
the
Board
:
That
he
doth
not
remember
any
Exception
taken
at
the
time
of
the
signing
the
Order
,
nor
at
any
time
after
.
Sir
Philip
Manwareing
being
asked
concerning
the
matter
of
the
major
Philip
Manwareing
a
Witness
.
part
.
Answered
,
That
he
was
present
at
the
Council-Table
,
and
his
Vote
went
for
the
Decree
,
and
he
conceives
the
major
part
of
the
Table
did
so
too
,
he
is
very
confident
of
it
;
and
he
doth
the
rather
believe
it
,
because
he
never
knew
the
contrary
practise
at
that
Board
in
any
Case
;
besides
,
he
knows
the
Clerk
of
the
Council
is
a
very
faithful
and
careful
Servant
,
being
a
sworn
Officer
;
and
it
is
the
duty
of
his
Place
to
draw
up
Orders
according
to
the
major
part
of
the
Voices
,
and
that
no
member
of
the
Board
took
Exception
at
the
signing
of
this
Order
that
he
knows
.
For
the
matter
of
Imprisoning
the
Lady
,
my
Lord
of
Strafford
offered
,
That
he
hopes
it
's
no
great
offence
for
the
Deputy
of
Ireland
to
say
as
much
to
a
Subject
that
's
bound
to
perform
the
Order
of
the
Board
,
and
doth
not
;
I
ought
not
(
under
favour
,
)
favour
le
ts
in
that
Case
;
for
if
Obedience
be
not
had
,
it
is
to
no
purpose
Orders
should
be
made
.
For
the
words
concerning
Fining
of
her
,
I
offer
to
your
Lordships
Confideration
,
that
one
that
gives
Testimony
thereof
is
Mr.
Hoy
,
who
is
a
party
interessed
,
and
to
whom
the
benefit
will
accrue
of
whatsoever
shall
be
recovered
;
and
that
your
Lordships
may
remember
what
a
ready
story
he
told
,
and
wronged
his
memory
,
to
desire
to
speak
out
of
his
Notes
,
for
I
never
heard
one
speak
more
readily
,
and
conceive
he
is
not
in
this
particular
so
intire
a
Witness
to
convince
me
.
That
the
other
Witness
is
Mr.
Hybbots
himself
,
a
weak
old
man
,
that
hath
not
Judgment
sufficient
,
but
says
forward
and
backward
,
and
may
be
taken
any
way
:
Therefore
his
Testimony
is
not
so
strong
and
binding
.
That
suppose
I
had
said
the
words
,
they
cannot
make
a
Treason
;
Fining
in
cases
of
Contempts
being
usual
in
Chancery
here
,
to
enforce
men
to
conform
to
Decrees
.
However
,
I
stand
not
charged
with
it
;
and
when
it
comes
in
its
proper
place
and
time
,
I
trust
I
shall
make
a
fair
and
just
Answer
in
it
.
The
last
thing
in
the
Charge
,
is
the
conveying
of
the
Lands
to
Sir
Robert
Meredith
,
and
others
,
to
my
use
,
which
I
deny
in
my
Answer
,
and
under
favour
,
deny
it
still
.
For
the
Witnesses
offered
,
I
except
against
Mr.
Hoy
,
as
I
must
,
under
favour
,
as
often
as
I
mention
it
.
That
the
words
spoken
by
Sir
Robert
Meredith
,
is
only
his
saying
,
and
offered
here
as
a
Report
;
and
when
Sir
Robert
speaks
for
himself
,
I
believe
he
will
say
another
thing
.
That
the
Testimony
of
Mr.
Fitzgarrett
,
is
but
what
Sir
Philip
Percival
said
;
and
when
Sir
Philip
comes
to
be
examined
himself
,
I
trust
Your
Lordships
will
find
it
otherwise
,
I
having
never
spoke
to
Sir
Philip
in
all
my
life
,
touching
the
business
.
When
my
Lady
Hybbotts
complains
of
the
Injustice
of
the
Decree
,
before
Your
Lordships
,
I
hope
I
shall
clear
it
in
its
proper
place
,
but
in
the
mean
time
it
is
no
part
of
my
Charge
;
and
I
dare
say
they
would
not
offer
such
a
thing
in
Charge
,
to
my
Lord
Keeper
,
or
my
Lord
Chief
Justice
;
or
if
they
should
offer
it
,
they
know
they
should
have
a
rebuke
;
for
Lawyers
must
keep
within
the
limits
of
the
Charge
;
and
therefore
in
this
particular
,
I
may
reserve
my self
,
without
prejudice
in
Your
Lordships
Opinions
,
till
it
comes
to
its
proper
place
;
where
I
hope
I
shall
justifie
my
Carriage
to
be
Honest
and
Faithful
,
according
to
the
Trust
reposed
in
me
.
His
Lordship
having
finished
his
Defence
,
the
Manager
began
his
Reply
thereunto
,
in
substance
as
followeth
.
That
he
shall
not
need
to
labour
much
in
making
a
Replication
,
little
That
his
Lordships
Proceedings
have
in
this
matter
been
contrary
to
Law
,
they
must
rest
on
their
Lordships
memory
,
the
Act
of
Parliament
cited
before
,
the
Instructions
,
and
the
Proclamation
,
the
Exercise
of
a
Jurisdiction
on
the
Estate
of
a
Lady
,
without
the
least
colour
of
Jurisdiction
;
whereas
if
there
had
been
any
,
it
would
have
been
heard
of
.
That
his
Lordship
answers
nothing
to
his
sending
for
the
party
Petitioning
,
bidding
him
go
on
with
the
Suit
;
and
Prophesying
,
that
he
might
have
500
l.
more
:
That
perhaps
it
is
not
material
,
whether
the
Order
were
just
or
unjust
;
and
my
Lord
of
Strafford
will
answer
only
to
the
Jurisdiction
.
But
we
observe
,
that
yesterday
he
made
a
great
flourish
to
the
justness
of
a
Decree
,
let
the
Jurisdiction
be
what
it
will
;
and
when
he
cannot
justifie
that
,
then
he
declines
it
.
That
my
Lord
his
Pulse
is
still
beating
,
that
this
is
no
Treason
,
yet
it
is
an
Article
to
prove
and
conduce
to
the
General
Charge
,
of
subverting
the
Laws
;
and
though
he
pretends
that
these
Circumstances
,
of
purchasing
the
Lands
to
his
own
use
,
and
speaking
to
the
party
to
proceed
,
and
his
Threats
,
are
not
to
the
purpose
;
yet
under
favour
these
,
and
his
saying
,
when
he
perceived
a
great
part
to
Vote
against
him
,
(
though
not
the
major
part
,
as
he
says
)
that
he
could
have
kept
it
in
his
own
hands
,
do
come
home
to
the
point
,
That
he
hath
exercised
an
Arbitrary
Power
,
specially
when
it
is
for
his
own
benefit
.
His
pretence
,
that
this
Cause
was
heard
before
the
Lords
of
the
Council
,
and
therein
differs
from
that
of
my
Lord
Mountnorris
,
is
no
answer
at
all
;
for
the
Lords
of
the
Council
have
nothing
to
do
in
matters
of
Freehold
or
Inheritance
,
when
it
concerns
not
Plantation
,
or
the
Church
,
or
is
specially
recommended
.
That
they
concur
with
my
Lord
Primates
Examination
,
that
the
Clerk
of
the
Council
should
draw
up
Orders
according
to
the
major
part
of
the
Votes
;
but
what
he
hath
done
in
this
case
,
they
know
not
;
and
how
far
a
Deputy
might
prevail
with
the
Clerk
of
the
Council
,
they
submit
:
And
there
is
an
express
proof
of
one
of
the
Counsellors
,
that
there
was
11.
or
12.
against
the
Order
,
and
nine
for
it
.
And
whereas
it
is
said
,
he
is
but
a
single
Witness
,
my
Lord
of
Corke
says
,
though
he
remembers
not
which
way
the
major
voice
went
,
yet
he
remembers
very
well
my
Lord
Deputy
exprest
those
words
,
concerning
the
making
of
a
Party
;
which
shews
,
that
something
was
done
that
did
not
agree
with
his
will
:
And
another
Witness
says
,
that
Sir
William
Parsons
told
him
,
that
the
major
Vote
was
against
the
Order
.
And
whereas
my
Lord
Strafford
pretends
,
that
the
Privy-Counsellor
that
told
Mr.
Hoy
,
there
were
more
Voices
for
his
Mother
than
against
her
,
must
be
my
Lord
Mountnorris
,
That
is
denied
;
and
we
desire
Mr.
Hoy
may
in
that
point
explain
himself
.
He
hath
called
Sir
Philip
Maynwaring
,
and
others
,
that
would
have
testified
the
truth
to
his
advantage
;
but
not
one
of
them
expresses
any
thing
to
their
knowledge
,
but
as
they
believe
it
;
because
by
the
Duty
of
his
place
,
the
Clerk
of
the
Council
ought
to
have
drawn
it
up
according
to
the
Votes
.
The
Threats
to
Imprison
and
Fine
the
Lady
;
and
the
kind
of
Threats
are
proved
by
two
Witnesses
,
with
this
addition
by
one
,
That
he
would
crack
her
Estate
;
which
shew
a
great
fervency
in
my
Lord
of
Strafford
to
have
the
Order
performed
;
and
why
should
he
be
so
earnest
,
if
he
had
not
had
some
game
to
play
afterwards
.
If
the
Conveyance
had
not
been
to
his
own
use
,
my
Lord
of
Strafford
would
have
provided
his
Testimony
;
It
being
proved
in
whose
name
it
was
,
and
both
they
affirm
it
to
be
for
the
use
of
my
Lord
of
Strafford
.
Mr.
Hoy
being
asked
,
whether
the
Counsellor
who
told
him
how
the
Votes
passed
,
was
my
Lord
Mountnorris
or
no
;
He
Answered
,
That
Sir
Iames
Erskyn
,
since
dead
,
gave
him
a
Note
of
the
Names
:
And
that
the
Lord
Arch-Bishop
of
Dublin
told
him
presently
after
,
the
Vote
went
on
his
Mothers
side
.
Mr.
Palmer
observed
,
That
the
Lord
of
Strafford
draws
an
Argument
,
that
because
there
was
no
complaint
of
the
Order
,
therefore
there
was
no
mistake
;
and
desired
Mr.
Hoy
might
be
asked
,
why
he
made
no
complaint
.
Mr.
Hoy
being
accordingly
asked
;
Answered
,
That
he
was
ready
to
come
for
England
,
and
to
take
Ship
,
and
that
Evening
he
went
to
the
Master
of
the
Court
of
Wards
,
to
take
his
leave
of
him
,
and
to
acquaint
him
with
his
going
.
That
Sir
Paul
Davis
being
there
,
he
and
the
Master
of
the
Wards
,
desired
him
to
walk
into
the
Study
,
and
perswaded
him
against
his
going
,
telling
him
of
my
Lord
Deputies
great
Power
;
and
that
he
might
as
well
run
his
head
against
a
Rock
,
as
have
any
Remedy
against
my
Lord
Strafford
,
as
the
times
go
now
;
and
this
was
very
soon
after
the
Decree
,
and
as
he
conceives
,
between
it
and
Christmas
following
.
Being
asked
,
whether
Sir
Paul
Davis
shewed
him
the
Order
,
and
whether
it
was
interlined
;
and
by
whose
hand
:
He
Answered
,
That
he
was
at
the
Clerk
of
the
Council
to
have
got
a
Copy
of
the
Order
,
and
saw
the
Order
interlined
with
a
strange
hand
;
and
asking
whose
it
was
,
Sir
Paul
told
him
,
it
was
my
Lord
Deputies
.
Here
my
Lord
of
Strafford
observed
,
that
it
is
very
ordinary
for
the
Sir
Dillon
being
asked
,
whether
any
that
Voted
in
my
Lady
Hybbots
Case
,
did
tell
him
which
way
the
major
part
of
the
Votes
in
my
Lady
Hybbots
Case
went
;
He
Answered
,
That
a
little
before
his
coming
out
of
Ireland
,
speaking
of
the
Charge
against
my
Lord
of
Strafford
,
and
particularly
of
this
Cause
,
one
or
two
of
the
Privy-Council
said
publickly
,
The
major
part
of
the
Council
was
for
my
Lady
Hybbots
.
To
this
last
part
my
Lord
of
Strafford
answered
,
with
a
desire
that
the
And
so
the
8th
Article
was
concluded
,
being
his
Exercise
of
an
Arbitrary
Power
over
the
Estates
of
His
Majesties
Subjects
;
though
they
have
divers
other
Instances
,
as
in
the
Case
of
the
Earl
of
Ely
,
and
my
Lord
of
Killdare
,
the
prime
Earl
of
that
Kingdom
.
THE
Ninth
Article
.
The
Charge
.
THat
the
said
Earl
of
Strafford
,
the
sixtéenth
day
of
February
,
in
the
Twelfth
year
of
His
Majesties
Reign
,
assuming
to
himself
a
Power
above
,
and
against
Law
,
took
upon
him
by
a
general
Warrant
under
his
hand
,
to
give
Power
to
the
Lord
Bishop
of
Downe
and
Connor
,
his
Chancellor
,
or
Chancellors
,
and
their
several
Officers
thereto
to
be
appointed
,
to
Attach
and
Arrest
the
Bodies
of
all
such
of
the
meaner
and
poorer
sort
,
who
after
citation
,
should
either
refuse
to
appear
before
them
,
or
appearing
,
should
omit
,
or
deny
to
perform
,
or
undergo
all
Lawful
Decrées
,
Sentences
and
Orders
,
issued
,
imposed
,
or
given
out
against
them
,
and
them
to
Commit
,
and
kéep
in
the
next
Goal
,
until
they
should
either
perform
such
Sentences
,
or
put
in
sufficient
Bail
,
to
shew
some
reason
before
the
Council-Table
,
of
such
their
contempt
and
neglect
;
and
the
said
Earl
,
the
day
and
year
last
mentioned
,
signed
and
issued
a
Warrant
to
that
effect
;
and
made
the
like
Warrants
to
several
other
Bishops
,
and
their
Chancellors
,
in
the
said
Realm
of
Ireland
,
to
the
same
effect
.
MR.
Glyn
opened
the
Ninth
Article
,
charging
my
Lord
of
Strafford
with
assuming
of
a
Power
above
Law
,
in
granting
of
a
general
Warrant
to
the
Bishop
of
Downe
and
Conner
,
to
attach
such
persons
of
the
meaner
sort
as
should
not
appear
on
their
Citation
,
to
apprehend
their
Bodies
,
and
bring
them
before
the
Council
;
an
Act
so
high
,
that
higher
could
not
be
,
unless
it
extended
to
Life
,
as
my
Lord
Mountnorris
his
Case
;
to
grant
a
Warrant
at
pleasure
contrary
to
Law
,
to
apprehend
the
Bodies
of
His
Majesties
Subjects
,
that
live
under
the
protection
of
the
Law
;
which
if
it
be
made
good
,
will
be
of
great
might
,
and
prove
the
Charge
fully
.
A
Copy
of
the
Warrant
being
produced
,
my
Lord
of
Strafford
excepted
against
it
,
as
not
to
be
read
,
by
the
proceedings
of
the
Court
,
being
not
the
Original
.
To
which
the
Council
at
the
Bar
answered
,
That
that
's
the
way
to
shelter
any
Crime
,
if
none
but
the
Original
Warrants
in
such
Cases
should
be
admitted
;
it
being
no
Record
that
they
may
repair
to
it
.
And
their
Lordships
being
desired
that
a
Witness
might
be
heard
,
what
he
can
say
for
the
attesting
of
it
;
after
which
,
it
will
be
proper
for
their
Lordships
to
judge
of
the
Copy
.
Sir
Iames
Mountgomery
Sworn
,
and
asked
whether
he
saw
the
Original
a
Witness
.
Warrant
;
and
whether
this
be
a
true
Copy
.
He
Answered
,
He
can
depose
,
that
he
hath
seen
the
Original
Warrant
,
and
read
it
;
and
that
the
Bishop
of
Derry
did
shew
it
himself
.
That
this
Copy
,
he
believes
,
both
in
matter
and
words
,
to
be
a
true
Copy
;
for
he
hath
another
Copy
agreeing
with
this
;
and
that
he
knows
this
Warrant
hath
been
put
in
Execution
many
times
;
and
he
himself
hath
been
charged
to
assist
them
that
have
put
it
in
Execution
,
by
virtue
of
this
Warrant
.
Thereupon
the
Warrant
was
read
;
being
in
effect
as
followeth
.
By
the
Lord
Deputy
.
FOrasmuch
as
We
have
been
informed
by
the
Right
Reverend
Father
in
God
the
Lord
Bishop
of
Downe
and
Conner
,
that
the
most
frequent
Offences
against
God
,
and
the
greatest
Contempts
against
the
Ecclesiastical
Jurisdiction
,
are
Committed
by
the
meaner
and
poorer
sort
of
People
in
that
Diocess
;
whose
faults
,
for
the
most
part
,
escape
unpunished
,
by
reason
the
Writ
de
Excommunicato
Capiendo
,
is
so
long
before
it
can
be
sued
forth
,
and
executed
on
them
,
that
they
remove
to
other
parts
,
and
cannot
be
found
;
or
if
they
be
taken
,
their
Poverty
is
such
,
that
they
cannot
satisfie
the
Sheriff
,
and
other
Officers
Fees
,
due
for
taking
them
on
that
Writ
;
whereby
the
Officers
become
negligent
,
and
backward
of
doing
their
Duties
.
We
therefore
desiring
the
suppression
of
Sin
,
and
Reformation
of
Manners
,
have
thought
fit
to
strengthen
the
Ecclesiastical
Authority
of
the
said
Right
Reverend
Father
in
God
,
the
Lord
Bishop
of
Downe
and
Conner
,
with
our
Secular
Power
,
and
do
therefore
hereby
give
Power
and
Authority
to
the
said
Lord
Bishop
,
his
Chancellor
or
Chancellors
,
by
their
several
Officers
by
them
to
be
appointed
,
to
Arrest
and
Attach
the
Bodies
of
all
such
of
the
meaner
and
poorer
sort
,
that
after
Citation
,
shall
refuse
to
appear
before
them
,
or
appearing
,
shall
omit
or
deny
to
perform
and
undergo
all
Lawful
Decrees
,
Sentences
and
Orders
,
issued
,
imposed
,
and
given
out
against
them
,
and
them
so
Arrested
to
Commit
,
and
keep
in
the
next
Goal
,
till
they
shall
perform
such
Sentences
,
or
put
in
sufficient
Bond
,
to
shew
some
reasons
before
the
Council-Table
of
such
their
Contempts
,
&c.
willing
all
Justices
of
the
Peace
,
&c.
in
that
Diocess
,
to
be
Aiding
,
&c.
as
they
,
&c.
Given
,
&c.
Febr.
16.
1636.
Tho.
Little
.
Mr.
Glyn
opened
the
several
parts
of
the
Warrant
,
and
offered
,
that
it
was
expresly
against
Law
,
putting
their
Lordships
in
mind
of
the
former
words
,
That
he
would
make
an
Act
of
State
equal
to
an
Act
of
Parliament
:
But
now
he
is
better
than
his
word
;
for
he
will
make
an
Act
of
State
higher
than
an
Act
of
Parliament
:
For
whereas
by
the
Law
,
no
Subject
of
the
Kings
,
in
any
Ecclesiastical
Court
,
may
be
taken
till
he
be
cited
;
and
then
on
disobedience
,
he
is
Excommunicated
;
and
on
Excommunication
,
there
is
a
Writ
called
,
Capias
Excommunicatum
,
by
virtue
of
which
he
is
apprehended
.
Now
my
Lord
of
Strafford
issues
a
Warrant
to
take
him
,
if
he
appear
not
on
Citation
,
breaking
through
the
Law
,
and
making
no
matter
of
that
,
but
he
will
make
a
Law
that
extends
to
the
Liberty
of
the
Subject
.
And
if
this
had
never
been
put
in
Execution
,
it
had
been
all
one
to
the
purpose
of
the
Commons
;
for
this
shews
how
,
being
intrusted
with
the
Kings
Law
in
Ireland
,
he
discharges
that
Trust.
But
for
Execution
,
they
desired
Witnesses
might
be
heard
.
Sir
Iames
Mountgomery
being
asked
,
how
this
Warrant
was
Executed
;
and
the
Kings
Subjects
used
under
colour
of
his
Authority
:
He
Answered
,
That
he
hath
seen
several
Warrants
that
have
issued
under
the
Hand
of
the
Bishop
of
Downe's
Chancellor
,
sometimes
to
the
Constables
,
sometimes
to
his
own
Apparitors
,
with
their
Assistance
for
to
apprehend
the
persons
under-named
;
That
there
have
sometimes
twenty
,
sometimes
thirty
,
sometimes
more
,
sometimes
less
names
,
been
put
in
the
Warrant
.
That
he
hath
known
them
executed
with
great
cruelty
,
sometimes
wounding
,
beating
,
imprisoning
them
.
Being
asked
on
my
Lord
of
Straffords
motion
,
how
long
since
he
knew
any
thing
done
upon
that
Warrant
:
He
Answered
,
Since
the
time
of
the
Warrant
granted
;
and
he
thinks
the
Warrant
bears
date
February
1636.
till
of
late
,
much
about
this
time
Twelve-month
,
which
was
the
last
time
he
was
charged
himself
,
to
be
assistant
to
the
Execution
of
it
.
That
he
heard
the
Bishop
of
Derry
had
taken
up
the
Warrants
in
Sommer
last
,
on
many
and
frequent
Complaints
that
had
come
;
and
had
withdrawn
it
from
the
Bishop
of
Downe
about
Iuly
last
.
The
Manager
closed
this
Article
,
observing
,
that
my
Lord
of
Strafford
And
so
expected
his
Lordships
Answer
.
My
Lord
of
Strafford
began
his
Defence
,
in
effect
as
followeth
.
Such
Warrants
have
been
usually
granted
to
the
Bishops
of
Ireland
,
in
times
of
all
former
Deputies
.
E.
of
Strafford
.
But
not
satisfied
with
the
convenience
thereof
,
I
refused
to
give
such
Warrants
generally
,
as
was
formerly
used
.
Being
informed
that
divers
in
the
Bishoprick
of
Downe
gave
not
fitting
Obedience
,
I
gave
this
Warrant
,
being
the
only
Warrant
of
this
kind
that
I
granted
;
and
hearing
complaints
of
the
Execution
of
it
,
I
called
it
in
again
.
They
have
produced
only
a
Copy
of
the
Original
Warrant
,
and
what
words
may
be
omitted
that
's
in
the
Original
,
God
knows
;
and
I
think
,
under
favour
,
it
would
not
be
an
Evidence
at
the
Kings-Bench
Bar.
And
this
stands
with
the
practice
of
former
Deputies
,
to
grant
such
Warrants
of
Assistance
to
the
Bishops
.
The
Lord
Primate
of
Ireland
,
his
Examination
read
.
To
the
7th
Interrogatory
,
That
he
remembers
his
immediate
Predecessor
in
the
Bishoprick
of
Meath
told
him
,
he
had
a
Warrant
of
Assistance
from
the
then
Lord
Deputy
,
who
was
either
the
Lord
Chichester
,
or
the
Lord
Grandison
;
That
the
Recusants
in
his
Diocess
desired
it
might
be
so
,
for
the
saving
of
those
Charges
which
would
come
on
them
by
the
Writs
de
Excommunicat'
Capiendo
.
Robert
Lord
Dillon
,
being
asked
whether
he
had
known
formerly
such
Warrants
to
be
granted
,
and
by
whom
.
He
Answered
,
He
hath
heard
Writs
of
Assistance
have
been
granted
by
former
Deputies
,
but
he
remembers
not
that
ever
he
saw
any
.
Mr.
Tho.
Little
being
asked
,
whether
this
Warrant
was
granted
according
to
former
Presidents
:
He
Answered
,
That
he
hath
seen
one
of
the
Original
Warrants
before
my
Lords
coming
there
;
and
that
it
was
brought
to
him
to
draw
another
by
;
And
going
to
instance
in
some
Copies
seen
in
my
Lord
of
Faulklands
Book
of
Entries
,
The
Manager
excepted
against
him
,
for
medling
with
a
Book
formerly
Mr.
Little
proceeds
,
That
he
hath
seen
an
Original
Warrant
by
which
this
was
drawn
,
and
it
was
under
my
Lord
of
Faulkland's
hand
;
and
this
was
made
according
to
that
pattern
.
Being
asked
,
whether
my
Lord
of
Strafford
did
not
restrain
,
and
give
direction
to
him
not
to
issue
any
other
Warrant
of
that
nature
:
He
Answered
,
There
was
no
more
made
but
this
,
though
divers
required
them
,
my
Lord
forbidding
him
at
all
times
afterwards
.
My
Lord
of
Strafford
offered
his
humble
request
to
their
Lordships
,
that
E.
of
Strafford
.
in
all
things
that
concern
the
Irish
Charge
,
they
will
please
to
remember
,
it
was
not
possible
for
him
to
procure
any
Witnesses
in
this
short
time
of
his
Trial
,
having
not
liberty
till
Friday
was
seven
night
;
These
things
being
notorious
,
and
might
have
been
cleared
if
he
had
had
time
.
He
added
,
That
whether
this
be
a
true
Copy
of
the
Warrant
or
no
,
I
cannot
tell
,
but
likely
enough
it
is
.
That
it
was
moved
for
by
the
Bishop
of
Downe
and
Connor
,
to
whom
,
for
some
reasons
,
I
was
willing
to
grant
it
;
but
being
afterwards
told
by
Sir
George
Ratcliffe
,
that
he
doubted
whether
it
was
Legal
or
no
,
I
called
it
in
again
,
and
never
granted
any
but
this
.
That
(
as
appears
in
the
proof
)
I
sent
to
the
Bishop
of
Derry
,
and
desired
him
to
call
in
the
Warrant
,
and
so
he
did
long
before
this
complaint
:
And
thence
I
infer
,
that
it
could
not
argue
my
intention
to
break
the
same
.
Whereas
the
Gentleman
at
the
Bar
said
,
that
I
had
been
better
than
my
word
;
for
I
had
said
,
an
Act
of
State
should
be
as
good
as
an
Act
of
Parliament
;
but
here
I
made
an
Act
of
State
better
than
an
Act
of
Parliament
.
I
observe
,
that
he
is
willing
to
make
me
better
than
my
word
,
when
it
may
be
for
my
disadvantage
;
but
is
willing
to
make
me
worse
than
my
word
,
when
by
disproving
me
,
he
may
hurt
me
.
That
therefore
it
befits
me
to
do
as
well
as
I
can
for
my self
in
this
case
;
yet
not
to
take
it
amiss
from
the
Gentleman
,
who
doth
but
his
duty
.
Finally
,
I
conceive
it
not
Treason
in
me
to
follow
the
President
and
Practice
of
those
which
have
gone
before
me
,
which
though
it
be
not
altogether
so
Legal
,
yet
I
hope
it
is
not
Treasonable
.
Nor
is
it
Treason
to
mistake
the
Law
;
if
it
should
,
there
would
be
more
actions
of
Treason
than
Trespass
in
Westminster-hall
;
for
I
think
few
understand
it
,
I
do
not
I
am
sure
.
And
so
I
hope
this
shall
never
rise
up
in
Judgment
against
me
in
its
self
,
or
as
a
concurrent
Argument
towards
Treason
.
Mr.
Glyn
replied
,
in
substance
as
followeth
:
What
my
Lord
of
Strafford
is
charged
with
,
he
confesses
to
be
an
Authority
Yet
he
would
justifie
it
by
the
practice
of
his
Predecessors
,
wherein
the
examination
of
my
Lord
Primate
,
offered
for
Proof
thereof
,
aggravates
the
Offence
,
the
Warrant
therein
mentioned
,
being
procured
at
the
Request
of
the
Papists
;
and
perhaps
it
might
be
so
now
:
but
the
Protestants
have
been
Oppressed
by
it
.
That
was
to
save
the
charge
of
a
Capias
Excommunicatum
,
which
was
the
Process
issued
upon
Excommunication
;
but
by
this
Warrant
they
must
be
taken
on
the
Citation
,
down-right
Club-Law
,
having
in
similitude
the
Civil
Law
.
That
his
own
Secretary
that
made
the
Warrant
,
and
is
as
guilty
as
himself
,
tells
of
a
President
,
according
to
which
he
made
this
;
Therefore
the
Copy
produced
is
a
true
Copy
,
else
he
says
not
truth
.
That
whereas
his
Lordship
says
it
is
a
single
Act
,
and
as
soon
as
he
had
notice
of
the
Illegality
of
it
,
he
recalled
it
,
and
therefore
it
should
not
be
laid
to
his
Charge
:
Indeed
if
it
were
a
single
Act
,
this
Answer
might
be
taken
;
but
when
in
the
case
of
my
Lord
of
Corke
,
his
Inheritance
was
to
be
determined
,
and
desired
the
benefit
of
the
Law
,
did
my
Lord
of
Strafford
suffer
the
course
of
Law
to
go
on
:
Now
when
he
is
pleased
to
make
an
excuse
for
himself
,
he
calls
it
in
;
but
when
in
matter
of
Life
and
Inheritance
concerning
Peers
,
Right
is
demanded
,
he
denies
it
.
If
this
single
Act
be
compared
with
other
Exorbitant
Proceedings
,
we
refer
it
to
Your
Lordships
Wisdom
and
Justice
,
whether
it
be
not
a
strong
Evidence
to
prove
his
subverting
of
the
Laws
.
After
some
discourse
touching
their
proceeding
on
with
the
10th
Article
,
for
that
the
same
would
hold
long
,
the
day
far
spent
,
and
my
Lord
Cottington
and
Sir
Arthur
Ingram
,
material
Witnesses
for
My
Lord
of
Strafford
,
(
as
he
alledged
)
were
absent
;
for
whose
Examination
his
Lordship
desired
a
Commission
,
Their
Lordships
Adjourned
the
House
.
The
Ninth
day
.
Wednesday
,
March
31.
1641.
THE
Tenth
Article
.
The
Charge
.
THat
the
said
Earl
of
Strafford
being
Lord
Lieutenant
,
or
Deputy
of
Ireland
,
procured
the
Customs
of
the
Merchandise
Exported
out
,
and
Imported
into
that
Realm
,
to
be
Farmed
to
his
own
use
.
And
in
the
Ninth
year
of
His
now
Maiesties
Reign
,
he
having
then
Interest
in
the
said
Customs
(
to
advance
his
own
gain
and
lucre
)
did
cause
and
procure
the
Native
Commodities
of
Ireland
,
to
be
rated
in
the
Book
of
Rates
for
the
Customs
,
(
according
to
which
the
Customs
were
usually
gathered
)
at
far
greater
Ualues
and
Prices
,
than
in
truth
they
were
worth
,
(
that
is
to
say
)
every
Hyde
at
Twenty
shillings
,
which
in
truth
was
worth
but
Five
shillings
;
every
Stone
of
Wool
at
Chirtéen
shillings
four
pence
,
though
the
same
were
really
worth
but
five
shillings
,
at
the
utmost
nine
shillings
;
by
which
means
the
Custom
,
which
before
was
but
a
Twentieth
part
of
the
true
value
of
the
Commodity
,
was
Enhanced
sometimes
a
Fifth
part
,
and
sometimes
to
a
Fourth
,
and
sometimes
to
a
Third
part
of
the
true
value
;
to
the
great
Oppression
of
the
Subjects
,
and
Decay
of
Merchandise
.
MR.
Maynard
proceeded
to
the
10th
Article
,
saying
,
They
had
shewed
what
my
Lord
meant
to
do
,
what
he
threatned
,
what
he
did
concerning
the
Lives
of
His
Majesties
Subjects
,
what
advantages
he
found
to
order
their
Tongues
,
to
cut
off
their
Heads
;
but
he
rested
not
there
,
Their
Lordships
have
heard
how
he
Executed
one
without
Law
;
The
subsequent
Articles
were
under
colour
of
Law
,
to
take
away
the
Subjects
Lands
,
to
distribute
them
in
a
way
of
Justice
;
and
yet
they
come
to
his
own
profit
.
Now
the
10th
Article
charges
him
,
that
he
did
procure
to
Farm
to
his
own
use
,
the
Customs
of
Ireland
,
that
he
inhanced
those
Customs
,
procured
a
Book
of
Rates
to
be
made
,
and
Goods
valued
Treble
to
the
worth
of
the
Commodity
;
instancing
in
two
particulars
,
Wools
worth
5
s.
the
Stone
,
or
at
most
Nine
,
rated
up
to
13
s.
4
d.
and
a
Hyde
valued
at
20
s.
which
was
in
truth
worth
but
5
s.
That
these
High
values
were
put
upon
them
to
increase
the
Customs
.
That
my
Lord
of
Strafford
in
his
Answer
,
pretends
it
not
to
be
done
for
his
own
benefit
,
but
for
the
advantage
of
His
Majesty
,
and
gives
some
Colours
,
which
are
left
to
himself
to
open
and
prove
.
That
they
shall
prove
the
Fact
to
be
done
for
his
own
advantage
,
to
the
great
deceit
and
disadvantage
of
His
Majesty
.
The
Case
was
stated
thus
.
His
Majesty
King
Iames
did
,
in
the
16th
year
of
his
Reign
,
Lease
to
the
Duke
of
Buckingham
,
the
Customs
of
Ireland
for
10
years
:
In
which
Lease
there
were
Exceptions
and
Agreements
of
Defalcations
,
as
the
Custom
of
Wines
,
which
were
Leased
to
my
Lord
Carlisle
,
at
the
Rent
of
1400
l.
per
annum
to
the
Crown
;
and
on
this
Lease
was
reserved
6000
l.
a
year
Rent
,
and
half
the
clear
profits
above
the
Rent
;
which
half
did
amount
to
3700
l.
a
year
.
There
was
a
second
Lease
made
to
the
Dutchess
of
Buckingham
,
being
in
the
time
of
7
Car.
who
was
to
have
a
certain
sum
out
of
the
Lease
,
but
the
profit
was
for
my
Lord
of
Strafford
and
his
Partners
.
Mr.
Maynard
observed
the
difference
of
the
two
Leases
;
and
shewed
,
that
it
was
not
only
a
bargain
of
loss
to
His
Majesty
,
of
what
he
had
,
but
also
a
bargain
by
way
of
advancement
of
that
which
was
not
by
inhancing
the
values
.
Which
he
demonstrated
thus
;
The
King
out
of
the
first
Lease
to
the
Duke
6000
l.
and
3700
l.
that
is
,
9700
l.
by
the
latter
Lease
11050
l.
so
at
first
view
,
1350
l.
gain
,
besides
the
Fine
pretended
to
be
paid
;
But
in
lieu
thereof
,
the
Lease
to
my
Lord
of
Carlisle
was
procured
to
be
surrendred
,
upon
which
the
King
had
1400
l
,
a
year
Rent
,
before
the
Dutchess
,
that
is
now
my
Lord
of
Straffords
Lease
,
was
Sealed
;
which
1400
l.
a
year
,
is
not
reserved
in
the
said
latter
Lease
,
the
surrender
being
21
Mar.
the
Demise
24
Mar.
So
that
1400
l.
a
year
is
swept
away
by
my
Lord
of
Strafford
,
instead
of
the
1350
l.
by
way
of
advance
.
Besides
the
surplusage
of
the
profit
of
the
Farm
of
Wines
,
Demised
to
my
Lord
of
Carlisle
,
amounted
to
3400
l.
a
year
;
sometimes
an
odd
500
l.
sometimes
200
l.
but
Communibus
annis
,
it
was
above
3000
l.
And
this
being
by
Surrender
,
drawn
into
my
Lord
of
Straffords
purse
,
but
out
of
the
Kings
purse
,
and
that
not
only
by
way
of
gift
;
for
this
surplusage
above
the
1400
l.
per
annum
on
the
Wines
,
was
to
be
made
good
out
of
the
11050
l.
So
that
out
of
the
11050
l.
there
is
drawn
from
His
Majesty
4500
l.
instead
of
an
advance
of
1350
l.
And
it
rests
not
here
,
for
besides
these
,
the
Customs
of
London
Derry
,
and
Colerane
,
worth
1500
l.
a
year
,
and
the
Customs
of
Knockfergus
and
Strangford
,
(
reserved
in
the
Dukes
Lease
)
are
stollen
out
by
way
of
Defalcation
in
the
Earl
of
Straffords
Lease
.
Besides
,
whereas
the
Duke
of
Buckingham
had
a
moiety
of
the
Kings
moiety
,
of
all
Seizures
in
case
of
mens
concealing
Custom
,
or
Landing
Goods
at
unseasonable
times
,
the
Statute
allowing
to
His
Majesty
in
some
such
cases
a
Moiety
,
in
some
cases
the
whole
,
my
Lord
of
Strafford
by
his
Lease
,
must
have
all
that
belonged
to
the
King
.
And
whereas
the
Duke
of
Buckingham
had
,
for
Merchants
Goods
that
came
in
by
way
of
prize
,
an
allowance
of
Custom
.
By
the
Lease
of
my
Lord
of
Strafford
,
whether
they
be
the
Kings
Goods
,
or
his
Subjects
,
Custom
must
be
paid
by
His
Majesty
,
to
his
own
Subjects
.
Mr.
Glyn
observed
also
a
strange
Clause
in
the
new
Grant
;
which
is
to
the
matter
of
opposition
and
Subversion
of
the
Laws
,
That
this
Grant
shall
hold
,
whether
it
be
repealed
by
Parliament
or
not
:
And
further
,
the
Rates
are
inhanced
when
they
come
to
my
Lord
of
Straffords
Grant
,
in
12
particulars
;
so
that
the
Customs
which
at
that
time
were
presented
as
worth
12000
l.
a
year
,
fall
out
on
proof
to
yield
,
seldom
less
than
40.
sometimes
near
60000
l.
a
year
;
all
which
Gain
hath
gone
out
of
the
Kings
Purse
,
and
is
in
my
Lord
of
Straffords
,
and
his
Partners
.
The
Lease
made
to
the
Duke
of
Buckingham
was
first
read
,
as
to
the
Grant
,
the
Render
,
and
the
Defalcations
,
Dat.
23
May
,
16
Car.
The
Lease
to
the
Dutchess
of
Buckingham
was
next
read
,
dated
24
Mar.
7
Car.
from
the
several
parts
whereof
,
Mr.
Maynard
observed
the
inhancing
of
the
Rates
;
The
Grant
of
the
Wines
,
the
Payment
of
the
Customs
for
the
Kings
Prize-goods
,
the
Clause
touching
the
Repeal
by
Parliament
,
the
Defalcations
,
the
allowing
the
part
of
the
Kings
Moiety
of
the
Seizures
,
so
formerly
opened
,
to
be
fully
manifested
.
In
this
Lease
there
is
20000
l.
consideration
by
way
of
Fine
,
and
11050
Rent
received
.
The
Grant
of
the
Surplusage
of
the
profit
of
Wines
to
the
Earl
of
Carlisle
above
the
said
1400
l.
per
annum
Rent
,
for
the
remainder
of
fifteen
years
,
was
read
.
Wherein
is
recited
the
original
Grant
under
the
said
yearly
Rent
of
1400
l.
and
the
Surrender
thereof
to
the
Crown
,
21
Martii
,
7
Car.
They
proceed
to
prove
the
Values
.
And
first
,
Witnesses
were
produced
to
prove
,
that
by
the
Duke
of
Buckinghams
Lease
,
3700
l.
per
annum
,
was
answered
to
the
Crown
for
the
Moiety
of
the
Surplusage
of
Profits
,
over
and
above
the
6000
l.
yearly
Rent
thereupon
observed
.
The
Lord
Ranulagh
being
asked
to
that
point
,
Answered
,
That
he
was
a
Partner
in
the
Farm
in
the
time
of
my
Lord
of
Faulklands
Government
in
Ireland
,
and
on
the
Lease
there
was
reserved
to
the
King
,
over
and
above
the
6000
l.
a
surplusage
of
the
profits
,
which
came
to
3700
l.
To
prove
the
value
of
the
Wine-Customs
above
the
1400
l.
Rent
,
reserved
on
the
Earl
of
Carlisles
Lease
,
which
was
to
be
answered
to
the
Earl
of
Carlisle
,
out
of
the
11050
l.
Sir
Iames
Hey
sworn
and
interrogated
to
that
point
.
Iames
Hey
a
Witness
.
Answered
,
That
in
1635.
the
late
Earl
of
Carlisle
sent
him
into
Ireland
,
to
settle
his
affairs
there
,
where
he
stayed
almost
12
months
;
and
then
he
received
a
years
account
of
the
Wines
,
which
he
hath
to
produce
under
the
hand
of
the
Auditor
of
that
Kingdom
,
which
is
the
money
received
for
the
profit
of
the
Wines
.
The
Accompt
was
read
,
viz.
A
Collection
of
what
the
Impost
of
Wines
amounted
to
,
according
to
the
old
Rates
for
the
year
ended
,
March
1635.
in
the
several
parts
following
,
wherein
all
Wines
discharged
out
of
forraign
bottoms
,
are
rated
as
strangers
,
viz.
The
Total
,
3787
l.
15
s.
9
d.
Sterl.
Out
of
which
the
sum
of
1400
l.
the
Rent
formerly
reserved
to
His
Majesty
out
of
the
said
Impost
defalked
,
there
will
remain
2387
l.
15
s.
9
d.
Sir
Iames
Hey
further
said
,
That
1636.
my
Lord
of
Carlisle
dyed
,
and
he
will
not
depose
for
that
years
Accompt
,
but
he
conceives
it
is
an
Accompt
sent
over
from
the
same
party
:
And
that
he
had
a
Letter
from
an
Officer
of
the
Custom-house
at
Dublin
,
wherein
he
mentioned
the
Impost
to
amount
to
5000
l.
and
upwards
,
either
1638.
or
1639.
but
he
is
not
certain
which
.
To
prove
the
Value
of
the
Defalcations
of
London
Derry
and
Colerane
.
Robert
Goodwyn
sworn
;
being
asked
what
the
Customs
of
London
Derry
and
Colerane
amounted
to
Communibus
Annis
:
Robert
Goodwyn
a
Witness
.
He
Answered
,
That
the
Customs
received
in
the
Town
of
Colerane
,
In-gate
and
out-gate
,
from
25
Mar.
1634.
till
25
Mar.
1639.
being
for
the
space
of
five
whole
years
,
as
appears
by
the
several
Accompts
thereof
,
is
1079
l.
6
s.
1
d.
½
.
That
the
Total
of
the
Customs
of
London
Derry
,
where
he
collected
himself
in-gate
and
out-gate
,
from
the
last
of
Febr.
1634.
till
Michaelmas
1639.
as
appears
by
the
several
Accompts
thereof
made
by
His
Majesties
Commissioners
for
the
City
and
County
of
London
Derry
,
is
5348
l.
11
s.
10
d.
That
he
shall
acquaint
their
Lordships
with
the
full
Truth
.
These
were
not
Collected
according
to
the
Book
of
Rates
,
but
at
an
under
value
.
That
all
the
Book
of
Rates
1634.
and
so
forward
to
the
last
Book
,
do
value
Beef
at
16
l.
a
Tun.
But
because
Beef
is
sold
in
Derry
and
Colerane
,
for
6
or
7
l.
a
Tun
at
utmost
;
therefore
he
was
directed
by
the
City
of
London
to
take
6
s.
after
the
rate
of
6
l.
Then
for
Hydes
,
these
Books
of
Rates
value
a
Hyde
at
12
s.
and
where
he
should
have
taken
6
d.
he
received
by
direction
of
the
City
but
2
d.
at
the
Infancy
of
the
Plantation
,
and
for
the
good
of
the
place
,
which
the
City
tendred
.
Henry
Brawd
sworn
,
and
examined
to
the
same
matter
,
Henry
Brawd
a
Witness
.
Answered
,
According
to
the
Deposition
of
Robert
Goodwyn
,
for
the
value
of
the
Customs
of
Colerane
and
London
Derry
.
To
prove
the
value
of
the
Farms
in
Ireland
.
Iohn
Welsh
sworn
,
and
examined
to
that
point
.
Answered
,
That
he
can
speak
nothing
of
knowledge
,
but
only
by
hear-say
.
To
prove
the
value
of
the
Customs
,
as
increased
on
the
New
Book
of
Rates
.
Robert
Cogan
sworn
,
and
Examined
to
that
Point
.
Robert
Cogan
a
Witness
.
Answered
,
That
he
never
cast
them
up
in
particular
,
but
he
did
estimate
them
before
they
took
the
Farm
to
be
worth
10
or
12000
l.
a
year
.
Here
on
my
Lord
of
Strafford's
Motion
,
Mr.
Cogan
was
asked
,
Where
he
now
lives
.
He
Answered
,
In
London
.
To
prove
the
increase
of
Customs
1636
,
1637
,
1638
,
1639.
Iohn
Welsh
Examined
to
that
Point
.
Iohn
Welsh
a
Witness
.
Answered
,
That
he
was
directed
from
the
Committee
to
come
hither
:
That
he
went
into
the
Exchequer-Office
,
and
took
notice
of
some
Books
there
,
presented
to
him
by
one
of
the
Officers
of
the
House
,
and
he
Collected
these
four
years
,
1636
,
37
,
38
,
and
39.
and
as
they
came
to
his
hands
he
put
them
down
,
1636.
they
came
to
39936
l.
1637.
38889
l.
1638.
57380
l.
1639.
55582
l.
Being
asked
concerning
the
value
of
Hydes
,
Wooll
,
and
Tallow
.
He
Answered
,
That
he
knew
the
values
very
well
,
being
Commodities
he
deals
in
daily
:
That
he
hath
bought
Hydes
for
3
s.
some
4
s.
some
5
s.
and
very
few
exceed
these
Rates
.
And
in
their
Parts
they
ordinarily
give
50
l.
a
Last
,
which
is
200
Hydes
,
and
then
they
have
ordinarily
30
or
40
Hydes
on
the
Last
to
make
them
full
Hydes
.
For
Wooll
there
is
of
3
s.
4
s.
5
s.
8
s.
9
s.
and
that
's
the
highest
price
he
ever
paid
,
or
knew
any
of
his
Neighbours
to
pay
,
he
living
in
Waterford
.
Whence
Mr.
Maynard
observed
,
That
a
Hyde
of
5
s.
is
rated
at
20
s.
and
9
s.
the
uttermost
for
Wooll
,
rated
at
13
s.
4
d.
Lord
Renula
being
Interrogated
to
the
value
of
the
Customs
1636
,
37
,
He
Answered
,
That
all
he
knew
of
it
is
this
,
about
Christmas
last
he
called
on
the
Remembrancer
of
the
Office
of
Exchequer
,
that
keeps
the
Books
of
the
Customs
,
he
desired
a
Note
of
the
value
of
the
Customs
for
three
or
four
years
back
,
and
the
Officer
gave
him
a
Note
1636
,
37
,
38
,
39
,
which
Note
he
hath
,
but
forgot
to
bring
it
with
him
this
Morning
.
But
to
the
best
of
his
remembrance
the
value
of
the
Customs
for
these
years
is
thus
,
1636.
either
38.
or
39000
l.
and
some
odd
hundreds
,
1637.
39000
l.
and
odd
,
1638.
is
the
greatest
year
,
and
then
it
was
57000
l.
and
1639.
55000
l.
Patrick
Allen
sworn
,
and
examined
to
the
value
of
Hydes
and
Wooll
in
Patrick
Allen
a
Witness
.
Ireland
.
Answered
,
That
he
hath
bought
Hydes
at
4
s.
4
s.
6
d.
5
s.
and
6
s.
the
most
that
ever
he
knew
any
pay
for
Hydes
;
for
Wooll
there
is
a
course
Irish
Wooll
not
worth
4
s.
some
is
worth
6
s.
some
7.
s.
8
s.
but
11
s.
is
the
most
that
ever
he
knew
paid
for
Wooll
.
And
so
Mr.
Maynard
closed
the
Article
,
and
left
it
to
their
Lordships
Consideration
,
what
the
King
hath
left
,
what
profit
my
Lord
of
Strafford
hath
received
.
To
which
my
Lord
of
Strafford
made
Defence
,
in
substance
as
followeth
:
I
shall
,
under
favour
,
proceed
to
make
a
just
Defence
of
my self
,
as
to
this
Impeachment
of
Treason
brought
against
me
by
the
Honourable
House
I
desire
I
may
read
the
Charge
,
and
then
your
Lordships
will
see
how
pertinently
the
time
hath
been
spent
in
the
proving
of
it
.
He
reads
his
Charge
as
to
the
Tenth
Article
.
With
humble
submission
to
your
Lordships
great
Judgments
,
I
conceive
there
is
nothing
in
this
Charge
,
that
can
by
any
Law
that
ever
I
heard
of
,
be
brought
to
be
Treason
.
These
Gentlemen
have
told
your
Lordships
what
His
Majesty
lost
by
a
Contract
with
the
Dutchess
of
Buckingham
,
which
I
conceive
concerns
not
in
me
at
all
,
being
no
Party
to
it
.
If
the
Dutchess
,
by
her
Grant
of
24.
March
,
7
Car.
had
more
Priviledge
than
the
Duke
of
Buckingham
had
for
the
10
years
preceding
;
yet
by
their
own
shewing
here
is
20000
l.
Fine
,
and
an
increase
of
1350
l.
a
year
Rent
,
so
that
there
was
a
Consideration
for
it
.
That
these
Twelve
Commodities
were
raised
,
and
the
values
inhanced
on
that
Consideration
24.
March
,
7
Car.
but
the
Lease
wherein
himself
was
Partner
bears
Date
21.
April
after
;
So
that
the
Book
of
Rates
was
not
raised
by
me
,
but
by
them
that
had
care
of
the
business
between
the
King
and
the
Dutchess
of
Buckingham
:
And
this
being
set
by
the
King's
Officers
,
to
whom
it
was
proper
,
in
the
7th
Year
of
the
King
,
it
falls
very
short
of
what
is
Charged
in
the
Article
,
that
I
should
do
it
in
the
9th
Year
of
His
Majesties
Reign
.
If
they
can
shew
a
Book
of
Rates
raised
the
9th
,
it
may
be
said
he
hath
raised
the
Book
for
his
advantage
,
for
then
he
had
a
quarter
part
of
the
Farm
,
and
the
King
hath
⅝
parts
to
himself
;
and
these
things
have
been
tumbled
and
tossed
over
and
over
again
,
and
fully
answered
in
another
place
,
and
I
shall
be
well
able
to
answer
it
still
,
that
the
King
hath
had
as
great
a
Service
done
in
this
particular
,
as
may
be
in
this
matter
.
But
that
is
not
the
question
of
the
day
.
I
am
Charged
with
raising
a
Book
of
Rates
in
the
9th
Year
of
the
King
,
and
if
there
be
any
such
Book
,
it
is
more
than
I
ever
saw
,
I
know
of
none
but
that
which
was
setled
in
my
Lord
of
Portland's
time
,
before
I
had
any
Interest
in
the
Farm
,
which
I
think
will
go
far
to
my
clearing
in
this
Point
.
Whether
these
Rates
be
indifferently
set
or
no
,
is
a
business
for
Merchants
,
and
matter
of
Proof
,
and
if
it
should
be
Charged
on
me
as
a
Crime
,
I
hope
your
Lordships
will
allow
me
time
to
examine
Witnesses
,
and
likewise
Council
.
But
I
conceive
it
can
be
no
way
conducing
to
me
as
a
Crime
,
and
as
a
Treason
I
think
your
Lordships
Judgments
will
clear
me
,
and
that
's
my
Answer
as
to
the
Book
of
Rates
,
and
I
think
a
clear
one
.
For
the
values
,
your
Lordships
may
be
pleased
to
consider
,
that
it
may
be
a
loss
to
the
Farmer
,
and
consequently
to
the
King
,
who
hath
five
parts
of
eight
.
But
it
can
be
a
Crime
to
no
body
,
and
I
hope
your
Lordships
will
give
time
to
prove
the
point
of
value
.
Your
Lordships
may
suppose
I
know
not
the
price
of
Hides
,
and
Wooll
and
Tallow
,
being
out
of
my
Calling
;
but
their
worth
will
appear
to
be
such
,
that
the
Duty
is
but
taken
according
to
the
Articles
of
Tunnage
and
Poundage
,
that
give
this
Duty
to
the
Crown
.
For
Tunnage
and
Poundage
in
Ireland
is
of
another
kind
than
in
England
,
for
here
it
is
given
Temporally
,
but
it
is
an
Inheritance
to
the
Crown
in
Ireland
,
being
15
H.
4.
given
to
the
King
and
his
Heirs
;
and
producing
the
Book
of
Rates
,
his
Lordship
said
,
That
nothing
is
taken
but
what
is
justly
due
by
that
Book
.
And
if
Merchants
(
who
speak
for
their
own
advantage
)
be
rested
on
for
the
price
of
things
,
the
Customs
will
be
little
.
But
this
Book
of
Rates
was
set
by
the
Lord
Treasurer
that
then
was
,
and
justly
and
fairly
I
think
,
and
accordingly
Customs
have
been
taken
;
and
when
it
shall
be
laid
to
my
Charge
in
a
proper
way
,
I
shall
give
such
satisfaction
,
as
to
clear
my self
of
the
least
Fraud
or
Deceipt
to
my
Master
,
and
in
the
mean
time
I
know
your
Lordships
are
so
just
,
as
not
to
prejudice
me
in
this
matter
.
I
will
now
shew
how
I
came
into
the
business
of
Farming
the
Customs
,
not
voluntarily
,
or
upon
my
Suit
,
nor
did
I
ever
intend
it
,
but
was
commanded
and
enforced
to
it
,
and
came
in
meerly
for
the
doing
of
the
King
a
Service
;
and
if
it
prove
a
Bargain
of
advantage
,
I
never
knew
the
making
of
a
good
Bargain
turned
on
a
man
as
Treason
.
It
was
justly
,
fairly
,
and
honestly
procured
,
and
prove
it
never
so
beneficial
,
that
can
never
make
it
a
Crime
.
His
Majesty
hath
been
from
time
to
time
acquainted
with
the
increase
of
this
business
most
exactly
and
truly
,
it
rising
indeed
beyond
all
imagination
;
the
Customs
,
when
we
entred
on
them
,
being
but
12000
l.
per
annum
,
and
now
your
Lordships
see
what
is
proved
,
and
may
judge
with
what
truth
they
inform
,
in
the
Remonstrance
,
out
of
Ireland
,
that
Trade
is
decayed
.
On
their
own
shewing
,
by
the
Testimony
of
my
Lord
Renula
,
and
others
,
it
appears
,
that
when
they
were
Farmers
,
there
was
6000
l.
paid
to
the
King
,
and
a
Devident
of
the
other
moity
,
which
came
to
3700
l.
So
the
whole
value
of
the
Customs
was
then
13400
l.
His
Lordship
desired
that
my
Lord
Cottington
might
be
asked
a
few
Questions
.
Lord
Cottington
being
asked
,
Whether
in
the
Seventh
year
of
the
King
His
Lordship
Answered
,
That
he
conceives
my
Lord
of
Portland
rested
satisfied
,
that
he
had
made
that
Bargain
for
the
Rent
and
Fine
,
and
that
he
so
understood
it
,
as
to
acquaint
His
Majesty
with
it
,
and
understood
it
to
be
a
very
good
Bargain
.
Being
asked
,
Whether
did
not
Williams
afterwards
relinquish
the
Bargain
.
His
Lordship
Answered
,
That
he
well
remembers
he
did
refuse
it
,
and
he
thinks
he
refused
it
,
because
Henshawe
was
the
chief
man
in
it
,
and
he
died
,
and
thereupon
Williams
flew
off
.
And
that
my
Lord
of
Portland
was
very
much
troubled
,
because
Williams
,
and
the
rest
fell
off
,
as
he
remembers
.
Being
asked
,
Whether
after
they
had
given
it
over
,
any
body
would
give
so
much
as
they
offered
.
He
Answered
,
He
thinks
there
was
no
body
that
came
near
it
,
at
least
he
never
heard
so
.
Being
asked
,
Whether
after
it
was
so
left
,
it
was
not
undertaken
by
Sir
Arthur
Ingram
,
and
his
Partners
,
on
the
very
tearms
that
Williams
refused
it
,
paying
only
100
l.
a
year
more
Rent
.
He
Answerd
,
It
is
very
true
,
Sir
Arthur
Ingram
,
and
divers
Partners
,
by
his
procurement
,
paid
100
l.
more
Rent
,
and
,
as
he
takes
it
,
the
same
Fine
,
but
for
a
quicker
time
;
for
the
first
men
were
to
have
time
,
and
Sir
Arthur
Ingram
was
to
pay
it
all
in
ready
money
.
My
Lord
of
Strafford
here
added
,
That
Henshawe
,
and
the
rest
,
having
given
over
the
Bargain
,
himself
went
to
my
Lord
at
Rohampton
,
and
Therefore
on
his
Lordships
Motion
Lord
Cottington
was
further
asked
,
Whether
being
moved
by
my
Lord
of
Portland
to
come
into
the
Farm
,
he
the
Earl
of
Strafford
did
absolutely
His
Lordship
Answered
,
That
he
well
remembers
my
Lord
of
Portland
did
conceive
that
to
draw
in
these
later
Farmers
;
it
was
very
necessary
,
and
all
the
Succor
they
had
to
have
my
Lord
of
Strafford
a
Partner
in
it
;
because
they
conceived
they
should
thrive
in
the
Bargain
,
if
he
,
having
so
great
a
Power
,
were
a
Partner
;
so
it
lay
on
my
Lord
of
Portland
to
perswade
him
to
yield
to
it
;
and
my
Lord
of
Portland
told
him
,
That
if
my
Lord
of
Strafford
would
do
the
King
that
Service
,
he
should
not
lose
by
it
.
And
though
my
Lord
of
Strafford
was
unwilling
to
come
in
for
a
part
,
yet
at
last
he
did
,
and
his
coming
in
,
drew
in
the
rest
,
as
he
the
Lord
Cottington
thinks
.
And
further
,
that
my
Lord
Portland
told
the
King
of
it
,
and
prepared
the
King
to
command
him
for
the
making
of
the
Bargain
,
depending
on
his
taking
of
a
part
.
My
Lord
of
Strafford
here
observed
,
That
he
humbly
conceived
the
Goodness
and
Grace
of
the
King
,
and
the
love
of
my
Lord
of
Portland
,
Lord
Cottington
being
,
on
Mr.
Maynard's
motion
,
asked
about
the
time
,
whether
it
was
7
Car.
His
Lordship
Answered
,
That
he
must
refer
himself
to
the
Grant
,
for
the
Lease
my
Lord
of
Strafford
shewed
did
follow
immediately
after
.
Sir
Arthur
Ingram
being
,
on
my
Lord
of
Strafford's
Motion
,
Examined
to
divers
of
the
Points
before
proposed
to
the
Lord
Cottington
.
Arthur
Ingram
a
Witness
.
He
Answered
,
He
conceives
there
was
a
Bargain
made
by
my
Lord
Treasurer
and
my
Lord
Cottington
,
with
Williams
and
Henshawe
for
15500
l.
a
year
,
and
,
as
he
conceives
,
8000
l.
Fine
,
and
this
was
under
their
hands
in
Writing
,
as
he
heard
.
That
he
knew
nothing
that
my
Lord
of
Strafford
was
to
be
a
Partner
,
or
to
have
any
Interest
in
it
.
That
he
conceives
Williams
did
clearly
refuse
it
after
Henshawes
death
,
what
other
Reasons
he
had
he
knows
not
;
That
he
cannot
tell
,
nor
doth
remember
,
that
my
Lord
of
Strafford
used
means
to
perswade
Williams
to
stand
to
that
Bargain
;
but
certainly
Williams
was
perswaded
much
by
my
Lord
of
Portland
.
Being
asked
,
Whether
it
was
so
left
by
Williams
,
did
not
he
and
his
Partners
undertake
the
Farm
?
He
Answered
,
That
he
was
several
times
offered
to
come
into
that
Farm
,
and
from
time
to
time
refused
it
:
That
Williams
pressed
him
exceeding
much
,
and
others
before
him
;
and
he
was
moved
to
it
by
one
Cogan
,
but
refused
it
.
That
the
truth
is
,
his
Son
Arthur
Ingram
was
Partner
in
it
,
and
there
came
in
my
Lord
Mountnorris
,
Sir
George
Ratcliffe
,
and
one
Cogan
,
that
they
laboured
much
he
should
take
the
Farm
,
and
he
had
much
ado
to
be
brought
in
.
Being
asked
,
Whether
these
came
in
upon
the
same
Tearms
offered
to
Williams
.
He
Answered
,
It
will
appear
on
the
Warrant
to
the
then
Attorney
,
Sir
Robert
Heath
,
that
they
paid
15500
l.
Rent
,
and
8000
l.
Fine
;
and
whereas
the
Officer
should
have
paid
it
at
six
and
six
months
,
these
were
to
pay
ready
money
.
Being
asked
,
Whether
he
had
moved
my
Lord
of
Strafford
to
be
a
Partner
in
it
.
He
Answered
,
That
he
doth
not
remember
he
ever
said
so
,
but
it
might
much
encourage
him
to
come
in
,
if
my
Lord
of
Strafford
were
a
Partner
.
But
he
the
Examinant
had
no
such
great
cause
to
desire
it
,
for
he
was
not
in
three
years
,
but
his
Son
was
put
out
again
;
when
it
came
to
matter
of
profit
they
were
gone
.
To
this
my
Lord
of
Strafford
,
did
by
the
way
,
Answer
in
substance
,
That
His
Majesty
gave
Consideration
for
it
,
and
had
the
benefit
And
so
,
I
hope
,
I
have
cleared
how
I
came
into
the
Bargain
,
and
that
I
cannot
be
Charged
with
procuring
the
Book
of
Rates
,
it
being
Printed
10.
March
,
and
my
Lease
began
21
April
after
,
and
that
the
Right
being
in
the
Crown
,
your
Lordships
will
not
conclude
it
,
till
you
have
heard
it
for
the
King
,
it
being
his
loss
in
⅝
parts
,
which
was
intirely
His.
And
whereas
I
am
Charged
with
raising
the
Book
of
Rates
(
though
done
before
my
time
)
yet
I
was
taught
here
in
England
that
they
might
have
been
raised
to
a
much
higher
Rate
than
they
were
,
and
to
that
purpose
there
came
a
Letter
from
His
Majesty
,
whereby
in
1637.
a
Proposition
was
made
of
raising
the
Rates
,
the
Book
being
conceived
not
to
be
so
high
as
it
ought
to
be
.
His
Majesties
Letter
was
read
,
Mr.
Slingsby
affirming
it
to
be
a
true
Copy
,
and
that
he
saw
it
compared
with
the
Original
.
Imparting
,
That
His
Majesty
finding
the
Impositions
set
,
on
Merchandize
of
all
Ports
,
to
be
well
accepted
,
and
to
have
ready
and
free
passage
,
had
Resolved
,
That
such
Impositions
be
laid
in
Ireland
as
be
fit
for
that
Kingdom
,
and
to
that
end
had
caused
a
Book
to
be
drawn
,
with
fit
Considerations
of
the
difference
of
Trade
in
both
Kingdoms
,
which
was
sent
to
my
Lord
of
Strafford
,
to
advise
of
the
Particulars
,
who
,
if
he
found
that
any
may
bear
a
greater
proportion
,
he
may
add
what
he
will
;
if
he
find
any
over-rated
,
he
may
deliver
his
Reasons
to
be
considered
,
and
Regulated
by
His
Majesties
Committee
here
,
Dated
the
10th
of
Iuly
,
1633.
My
Lord
of
Strafford
observed
,
That
at
the
date
of
this
Letter
,
he
Lord
Robert
Dillon
being
asked
,
Whether
my
Lord
of
Strafford
did
not
join
with
the
Council
to
disswade
it
.
He
Answered
,
That
he
was
at
the
Board
when
the
Original
of
this
Letter
was
read
,
as
he
takes
it
,
for
there
was
brought
with
it
a
Book
of
Rates
,
that
he
remembers
not
the
particular
words
of
my
Lord
of
Strafford
;
but
he
is
sure
,
by
the
whole
Board
,
the
entertainment
of
those
Rates
was
dis-advised
.
And
it
was
Resolved
a
Letter
should
be
written
to
dis-advise
it
;
but
he
remembers
not
when
the
Letter
was
written
.
Whence
it
may
be
observed
,
That
I
was
not
very
tender
of
my
own
Mr.
Maynard
Replyed
thereunto
in
substance
as
followeth
:
That
whereas
my
Lord
of
Strafford
says
,
That
to
prove
the
matter
of
profit
to
himself
,
of
loss
to
His
Majesty
,
is
impertinent
:
They
Charge
,
Whereas
,
he
says
,
This
Article
is
not
Treason
,
yet
look
to
the
whole
body
of
the
Charge
,
his
taking
away
the
Property
of
the
Subjects
,
his
inducing
this
by
subtilty
,
by
force
or
advice
,
to
bring
it
to
pass
,
if
these
be
proved
,
their
Lordships
will
be
of
Opinion
with
the
House
of
Commons
,
That
it
is
a
high
and
a
great
Treason
.
Therefore
let
him
not
say
this
or
that
piece
is
not
Treason
,
let
him
Answer
it
if
he
can
,
That
the
subverting
of
the
Fundamental
Laws
be
not
great
a
Treason
.
My
Lord
takes
advantage
,
that
the
Patent
to
the
Dutchess
concerns
not
him
,
for
it
is
granted
in
March
,
and
his
21.
April
following
;
but
if
the
Times
be
observed
,
it
will
answer
it self
,
for
the
10th
of
March
,
7
Car.
the
Rates
are
raised
,
21.
March
my
Lord
of
Carlisles
Patent
is
surrendred
,
24.
March
,
the
Dutchess
Patent
dated
,
and
21.
April
8
Car.
some
30
days
after
my
Lord
of
Strafford's
Lease
is
passed
.
If
this
had
been
intended
for
the
Dutchess
,
she
would
have
kept
it
,
but
she
keeps
it
not
to
pay
a
days
Rent
,
or
receive
any
profit
.
But
this
will
intrench
on
my
Lord
of
Strafford's
Answer
,
on
the
ingenuity
of
which
he
stands
so
much
,
for
he
says
,
There
were
Propositions
to
raise
these
Rates
,
and
he
was
acquainted
and
intreated
to
go
on
,
and
thereupon
he
enters
into
the
Bargain
:
We
desire
your
Lordships
to
mark
the
time
,
that
if
there
were
these
Propositions
to
raise
the
Rates
,
and
this
Lease
must
be
drawn
on
the
raising
of
the
Rates
;
then
was
he
interressed
in
the
raising
of
the
Rates
,
before
he
was
interressed
in
the
Lease
.
And
then
there
is
the
Execution
of
a
Design
carried
in
several
hands
,
which
tend
to
one
purpose
,
for
he
enters
into
it
the
seventh
year
,
and
his
own
Lease
is
the
eighth
;
and
therefore
it
was
on
his
own
Design
and
Counsel
,
and
for
his
own
Profit
.
My
Lord
instanceth
,
That
the
Article
lays
the
Book
of
Rates
to
be
raised
9.
whereas
this
was
done
7.
Mr.
Maynard
observed
,
Time
is
not
material
;
had
they
charged
him
to
have
made
a
Book
of
Rates
such
a
Date
,
it
had
been
something
.
But
if
an
Offence
be
laid
in
one
year
,
and
it
appears
to
be
done
in
another
year
,
he
must
be
punished
for
that
now
which
he
did
at
any
time
.
To
the
Tunnage
and
Poundage
,
being
the
Inheritance
of
the
King
,
it
is
so
in
Ireland
;
but
the
Point
is
the
Oppression
of
the
Subject
,
when
he
makes
that
three
which
is
but
one
;
and
so
instead
of
giving
the
King
his
due
,
to
extort
from
the
Subject
what
he
ought
not
to
pay
.
If
he
says
,
Proofs
could
not
be
had
to
prove
a
greater
value
of
the
Commodities
,
he
had
time
to
produce
a
Witness
out
of
all
Ireland
.
The
Commons
have
produced
them
that
speak
of
the
highest
value
,
and
there
is
great
difference
between
three
,
four
,
five
,
the
highest
is
six
,
and
twenty
.
What
occasioned
Williams
to
Relinquish
the
Bargain
is
not
material
:
But
in
what
Case
is
the
Subject
of
Ireland
,
that
when
a
Bargain
is
to
be
set
at
the
highest
,
he
that
is
to
be
their
Governor
and
Judge
,
to
whom
all
Appeals
must
be
made
,
shall
enter
and
put
in
his
Authority
to
make
a
Bargain
that
none
else
would
take
.
The
Subject
is
like
to
have
good
Justice
,
when
the
Judge
must
lose
by
the
Judgment
he
gives
in
the
Cause
;
when
the
Deputy
of
Ireland
must
be
both
Judge
and
Party
.
It
is
said
Williams
first
entertained
it
,
and
left
it
;
but
though
my
Lord
be
not
the
first
that
Projected
it
,
he
is
the
man
that
first
put
it
in
Execution
,
the
first
that
took
it
under
the
Great
Seal
,
and
first
brought
it
to
be
a
Grievance
to
the
Subject
,
and
that
he
is
Charged
withall
.
It
might
be
fit
for
Goldsmiths
,
and
such
to
prosecute
it
,
but
not
for
them
that
are
imployed
in
Administration
of
Justice
,
and
in
great
designs
to
follow
such
a
Design
.
But
when
Profit
comes
roundly
in
,
Sir
Arthur
Ingram
must
be
put
out
,
and
for
11
years
have
half
a
years
value
.
Mr.
Maynard
added
,
That
my
Lord
of
Strafford
,
in
his
Answer
,
gives
it
as
a
Justification
of
himself
,
that
he
did
not
hold
it
fit
to
take
such
a
Bargain
from
the
King
,
wherein
there
was
not
1000
l.
to
be
got
.
But
though
he
thought
it
not
fit
to
take
when
he
could
get
but
1000
l.
yet
he
held
it
fit
to
take
such
a
Bargain
from
the
King
,
where
,
in
holding
it
eight
years
,
he
gets
30000
l.
He
thrusts
out
Sir
Arthur
,
and
why
not
himself
.
And
there
is
no
wonder
,
that
he
that
gained
so
much
,
would
seem
to
Interest
His
Majesty
in
part
,
that
his
share
might
remain
more
intire
;
surely
it
was
the
more
injustice
in
him
to
retain
the
Bargain
,
when
he
had
stept
into
it
.
For
the
Letter
of
Iuly
,
1637.
there
was
a
Proposition
,
shewing
His
Majesties
Care
for
His
Subjects
in
Ireland
what
to
inhance
,
no
,
to
inhance
if
there
were
Cause
.
My
Lord
pretends
he
was
loath
to
make
an
Inhancement
,
but
that
was
the
Opinion
of
the
Board
:
It
is
to
be
wondred
that
he
took
them
not
down
rather
.
And
so
he
concluded
,
That
they
had
proved
the
Charge
;
that
he
hath
procured
the
Customs
to
be
advanced
,
they
were
not
advanced
till
he
entred
.
And
their
Lordships
were
desired
not
to
let
one
thing
pass
without
Observation
.
That
from
7
Car.
to
this
time
such
gain
hath
been
made
,
that
there
is
come
to
his
purse
and
his
Parteners
300000
l.
if
the
Depositions
be
to
be
credited
,
and
it
must
be
four
more
,
if
the
succeeding
years
hold
proportion
.
That
here
is
not
only
an
Inhancement
of
Rates
on
the
Subject
,
by
way
of
Extortion
,
but
this
is
soaked
out
of
the
Kings
Purse
.
That
is
the
1400
l.
a
year
Rent
for
the
Wines
,
the
Surplusage
of
the
Wines
,
the
Defaulcation
of
Colerane
,
London-Derry
,
Knock
fergus
,
and
Strangford
.
And
besides
their
Lordships
may
observe
the
Clause
in
the
Patent
;
the
Grant
must
be
good
,
though
there
be
an
Act
of
Parliament
against
it
,
and
the
King
must
pay
for
His
own
prize
Goods
,
which
is
left
unto
their
Lordships
Judgments
.
The
Committe
did
now
declare
,
That
for
the
present
they
would
lay
aside
the
Eleventh
Article
,
and
proceed
to
the
Twelfth
.
THE
Twelfth
Article
.
The
Charge
.
12.
THat
the
said
Earl
being
Lord
Deputy
of
Ireland
,
on
the
May
,
Anno
Dom.
1638.
after
which
Restraint
,
the
said
Earl
,
notwithstanding
the
said
Restraint
,
caused
divers
great
quantities
of
Tobacco
to
be
Imported
to
his
own
use
,
and
fraughted
diverse
Ships
with
Tobacco
,
which
he
Imported
to
his
own
use
:
and
that
if
any
Ship
brought
Tobacco
into
any
Port
there
,
the
said
Earl
and
his
Agents
used
to
buy
the
same
to
his
own
use
,
at
their
own
Price
;
and
if
that
the
owners
refused
to
let
him
have
the
same
at
under-values
,
then
they
were
not
permitted
to
Uent
the
same
there
:
By
which
undue
means
the
said
Earl
having
gotten
the
whole
Crade
of
Tobacco
into
his
own
hands
,
he
sold
it
at
great
and
excessive
prizes
,
such
as
he
list
to
impose
for
his
own
Profit
.
And
the
more
to
assure
the
said
Monopoly
of
Tobacco
,
he
the
said
Earl
,
on
the
Three
and
twentieth
day
of
February
,
in
the
Thirteenth
year
aforesaid
,
did
Issue
another
Proclamation
,
Commanding
,
That
none
should
put
to
Sale
any
Tobacco
by
Whole-sale
,
from
and
after
the
last
day
of
May
,
then
next
following
,
but
what
should
be
made
up
into
Rolls
,
and
the
same
Sealed
with
two
Seales
,
by
himself
appointed
,
one
at
each
end
of
the
Roll.
And
,
such
as
was
not
Sealed
,
to
be
seized
,
appointing
Sir
pence
the
Pound
for
a
Reward
to
such
persons
as
should
seize
the
same
:
and
the
Persons
in
whose
custody
the
Unsealed
Tobacco
should
be
found
,
to
be
committed
to
Goale
,
which
last
Proclamation
was
Coloured
by
a
Pretence
,
for
the
restraining
of
the
Sale
of
unwholsome
Tobacco
,
but
it
was
truely
to
advance
the
said
Monopoly
.
Which
Proclamation
the
said
Earl
did
rigorously
put
in
Execution
,
by
Seizing
the
Goods
,
Fining
,
Imprisoning
,
Whipping
,
and
putting
the
Offenders
against
the
same
Proclamation
on
the
Pillory
,
as
Namely
,
Barnaby
Hubbard
,
Edward
Cavena
,
John
Tumen
,
and
diverse
others
:
and
made
the
Officers
of
State
,
and
Iustices
of
Peace
,
and
other
Officers
,
to
serve
him
in
the
Compassing
,
and
executing
these
unjust
and
undue
Courses
;
by
which
Cruelties
,
and
Unjust
Monopolies
the
said
Earl
raised
100000
l.
per
Annum
Gain
to
himself
.
And
yet
the
said
Earl
,
though
he
Enhaunced
the
Customes
,
where
it
concerned
the
Merchants
in
general
,
yet
drew
down
the
Impost
formerly
taken
on
Tobacco
from
Sir
pence
the
Pound
to
Three
pence
the
Pound
,
it
being
for
his
own
Profit
so
to
do
.
And
the
said
Earl
,
by
the
same
,
and
other
Rigorous
and
Undue
Means
,
raised
several
other
Monopolies
,
and
Unlawful
Exauions
for
his
own
Gain
,
viz.
on
Search
,
Iron-pots
,
Glasses
,
Tobacco-pipes
,
and
several
other
Commodities
.
Mr.
Maynard
did
begin
to
open
the
12th
Article
,
which
was
Read
.
THat
he
did
Impost
Tobacco
himself
,
That
when
his
Proclamation
is
made
,
and
Oppression
put
upon
the
People
,
he
doth
the
23d
of
Feb.
13
Car.
Ordain
,
That
none
should
Sell
Tobacco
within
the
Kingdom
,
but
such
as
was
Sealed
by
his
Appointment
;
and
,
they
that
Sold
otherwise
,
their
Goods
should
be
Sold.
That
,
by
occasion
hereof
,
the
Kings
Subjects
have
been
grievously
punish'd
by
Fining
,
Imprisoning
,
Pilloring
,
Whipping
,
and
the
like
.
To
prove
the
Restraint
,
the
Proclamation
on
the
9th
of
Ianuary
,
the
13th
Car.
was
first
Read
.
By
the
Lord-Deputy
and
Council
.
A
PROCLAMATION
concerning
the
Importing
of
TOBACCO
.
By
which
Proclamation
,
is
set
forth
in
Substance
as
followeth
.
THat
whereas
unsound
Tobacco
is
brought
in
,
&c.
by
the
Unlimited
Liberty
of
divers
to
Import
,
&c.
and
being
no
Usual
Commodity
,
&c.
a
strict
Charge
is
given
,
That
none
presume
from
the
First
of
May
next
,
to
Import
any
Tobacco
without
Special
Licence
from
Us
,
on
pain
of
incurring
His
Majesties
high
displeasure
,
and
the
Punishments
due
for
such
Contempts
.
The
Proclamation
concerning
Sealing
of
Tobacco
was
next
Read
,
the
23d
of
Feb.
13
Car.
By
the
Deputy
and
Council
.
Wherein
,
THe
former
Proclamation
is
Recited
:
And
,
to
prevent
Secret
Wayes
of
Importation
,
a
Charge
is
given
from
the
last
of
May
next
,
no
Tobacco
be
put
to
Whole-sale
,
unless
it
be
in
compleat
Rolls
,
which
may
be
conveniently
Seal'd
,
and
to
be
Sold
with
two
Seales
,
one
to
be
affixed
at
each
end
,
which
Seal
order
is
taken
to
be
provided
for
that
purpose
.
That
what
Tobacco
shall
be
found
without
those
Seales
,
the
Kings
Officers
may
search
for
,
and
seize
,
and
convey
to
the
next
Port
,
which
Course
shall
be
taken
,
that
every
Seizor
shall
have
6d.
for
every
Pound
,
as
an
Encouragement
;
and
,
that
the
Officers
shall
commit
the
Persons
of
such
in
whose
hands
such
Tobacco
shall
be
found
,
till
Security
shall
be
given
to
appear
before
the
Deputy
and
Council
,
and
not
to
depart
without
Leave
,
&c.
Mr.
Maynard
observed
,
That
Iohn
Carpenter
,
&c.
And
he
farther
observed
,
That
my
Lord
of
Strafford
had
several
Magazines
of
Tobacco
,
and
that
,
from
time
to
time
brought
in
,
was
bestowed
there
.
And
,
on
the
First
Day
of
his
Defence
,
my
Lord
of
Strafford
said
,
40000
l.
of
his
Tobacco
was
Seized
.
To
Prove
the
Execution
of
these
Proclamations
.
Timothy
Crosby
Sworn
,
and
Asked
,
Whether
Ships
have
not
been
He
Answered
,
Yes
:
Since
the
11th
of
November
,
1637.
and
he
Instanced
in
Governour
Briskett
of
Montserratt
,
Mr.
Arundel
.
Being
Asked
,
If
any
Ship
Perish'd
upon
the
Restraint
?
He
Answer'd
,
The
Iohn
of
Kingsale
:
It
came
into
Lymerick
,
and
being
not
there
suffered
to
Sell
,
was
forced
to
Galloway
,
and
was
cast
away
going
into
another
Harbour
:
And
this
,
because
She
was
not
one
of
the
Magazine
.
Being
Asked
,
What
Rates
the
Merchants
sold
their
Tobacco
for
before
this
Restraint
,
and
what
since
?
He
Answered
,
Before
the
Restraint
,
for
6d
,
or
7d
the
Pound
:
and
other
times
for
14d
,
and
16d
on
Shipboard
;
and
since
,
some
at
9d
a
Pound
,
and
others
at
6d
Ob.
Being
Asked
,
Why
the
Ships
were
not
permitted
to
Land
?
He
Answered
,
Because
they
would
not
pay
2
Shillings
a
Pound
,
18d
Custom
,
and
6d
Impost
.
Whence
Mr.
Maynard
Observed
;
That
if
they
come
for
the
Use
of
my
Patrick
Allen
Sworn
:
Being
Asked
to
the
matter
of
Restraint
.
He
Answered
,
That
a
Ship
of
80
Tun
was
not
admitted
to
Land
at
Yoghall
,
but
forced
to
carry
her
Lading
of
Tobacco
to
St.
Mallis
in
France
,
where
he
believes
it
is
.
That
a
Proclamation
was
out
in
1638
,
That
no
Merchant
should
Land
any
Tobacco
without
special
Licence
of
the
Patentees
.
That
before
the
Proclamation
he
bought
Tobacco
for
6d
and
7d
,
a
Pound
,
a
great
Quantity
,
of
one
of
Dartmouth
:
and
since
they
pay
2
Shillings
,
7
Groats
,
8
Groats
,
and
3
Shillings
.
That
the
Patentees
pay
the
Merchant
6d
or
7d
a
Pound
,
which
is
the
most
he
hath
heard
of
.
Iohn
Welsh
Sworn
,
and
Interrogated
to
the
same
matter
.
Answered
;
It
was
not
granted
,
they
sold
as
much
as
would
pay
for
their
Provisions
,
for
which
they
had
6d
a
Pound
;
but
would
not
give
way
to
Land
any
more
of
it
.
That
one
Arundell
of
Excester
put
into
Waterford
,
and
he
the
Deponent
was
in
Company
with
him
to
Dublin
;
and
desired
,
that
if
the
said
Arundell
could
get
off
his
Tobacco
,
he
would
sell
it
him
the
Deponent
,
who
would
give
him
2
Shillings
a
Pound
for
it
:
That
he
could
not
get
it
off
,
and
sold
it
to
Ioseph
Carpenter
for
6d
a
Pound
.
That
he
paid
for
some
Landed
at
Waterford
by
one
Wells
,
16d
a
Pound
ready
Money
.
That
the
Patentees
do
usually
buy
at
6d
,
Only
there
was
a
Bargain
made
with
one
Arundell
,
to
take
it
at
8d
,
or
9d
;
but
,
how
far
they
went
he
knows
not
.
That
one
White
of
Waterford
put
into
Lymerick
,
and
told
him
the
Deponent
,
That
he
got
but
4d
a
Pound
for
his
Tobacco
.
Being
Asked
,
What
Quantities
he
conceives
is
brought
in
Annually
?
He
Answered
,
That
he
hath
Estimated
it
with
advice
of
others
,
that
Ireland
cannot
consume
less
then
500
Tun
a
year
;
Others
say
,
It
doth
far
exceed
:
and
500
Tun
is
near
140000
l.
at
2
s.
6d
a
Pound
.
Being
Asked
,
Whether
he
knew
any
Sentenced
on
these
Pretences
?
He
Answered
,
He
saw
Patrick
Wells
,
Merchant
,
of
Waterford
,
stand
on
the
Pillory
for
having
Unsealed
Tobacco
,
and
exposing
it
to
Sale
.
Richard
Whitwick
for
the
like
offence
Pillory'd
at
Waterford
.
That
he
hath
heard
of
diverse
others
.
And
,
he
thinks
the
Book
of
Censures
is
here
under
the
hand
of
the
Farmers
Sollicitor
,
and
sent
to
the
Committee
out
of
Ireland
by
a
Messenger
Express
.
Patrick
Gough
being
required
to
Answer
truely
,
Whether
the
Book
Abstract
of
the
Sentences
made
in
the
Castle-Chamber
,
was
delivered
him
by
the
Committee
in
Ireland
?
He
Answers
,
That
he
believes
it
was
among
other
things
delivered
him
by
the
House
of
Commons
,
to
be
brought
to
the
Committee
,
Sealed
up
in
a
Box.
But
the
Committee
not
thinking
fit
to
offer
the
Book
in
Evidence
.
Patrick
Gough
was
examined
,
whether
he
heard
of
any
Sentenced
in
He
answered
,
He
knew
divers
,
and
there
were
three
or
fourscore
from
time
to
time
attending
in
the
Council-Chamber
,
committed
to
the
Marshalsey
,
and
prosecuted
by
Hunt
;
and
these
were
,
(
as
he
remembers
)
in
Easter
Term
last
.
And
Michaelmas
Term
before
,
and
every
year
for
three
years
past
:
That
he
hath
heard
of
60
at
a
time
committed
,
and
they
were
sentenced
for
having
Tobacco
unsealed
.
Being
asked
on
my
Lord
of
Strafford's
motion
,
whether
my
Lord
of
He
answered
,
That
as
he
remembers
,
in
Michaelmas
Term
last
was
12
moneths
,
there
were
three
Waterford
men
sentenced
,
whereof
one
was
for
9
l.
of
Tobacco
.
One
of
them
Fined
100
l.
and
loss
of
his
Office
,
being
Waiter
.
The
other
100
l.
and
the
Merchant
100
l.
and
both
committed
,
and
their
Fines
reduced
after
to
20
l.
That
they
were
fined
before
the
Council
,
at
the
Council-Table
;
and
as
he
remembred
,
my
Lord
of
Strafford
was
then
there
.
Mr.
Maynard
did
then
produce
a
Sentence
,
under
my
Lord
of
Mr.
Glyn
desired
a
proof
concerning
the
value
,
for
which
a
witness
That
the
value
of
it
,
exceeds
all
the
Kings
certain
and
uncertain
Revenue
in
the
Kingdom
of
Ireland
.
Mr.
Plunkett
being
sworn
,
being
examined
touching
the
truth
of
My
Lord
of
Strafford
desired
he
might
be
asked
what
proofs
were
there
But
Mr.
Glyn
opposed
that
,
hoping
there
was
no
question
to
be
made
of
the
proof
of
a
thing
that
was
done
by
all
the
Commons
of
Ireland
,
to
The
Remonstrance
read
as
to
the
6th
Article
.
That
the
Tobacco
bought
at
low
rate
,
is
sold
at
excessive
rates
,
whereby
thousands
of
His
Majesties
Subjects
are
destroyed
,
and
most
part
of
the
Coine
of
this
Kingdom
ingrossed
into
particular
hands
;
insomuch
,
that
the
Profits
arising
thereby
,
surmount
His
Majesties
Revenue
,
certain
or
casual
within
this
Kingdom
,
and
yet
His
Majesty
receives
very
little
profit
by
the
same
.
Timothy
Crosby
being
interrogated
how
much
Tobacco
comes
into
the
Port
of
Kinsale
for
three
years
last
past
.
He
answered
,
60
Tunn
in
three
years
.
Whence
Mr.
Maynard
observed
,
if
one
Port
brings
in
200
Tunn
,
the
rest
will
go
to
a
great
height
.
Being
questioned
what
the
Patentees
give
,
and
what
they
require
for
such
as
is
refuse
Tobacco
upon
the
sorting
of
it
.
He
answered
,
that
for
the
refuse
,
the
Owners
had
not
above
1
d.
and
the
Patentees
sold
none
of
that
under
2
s.
And
so
Mr.
Maynard
closed
this
Article
,
observing
that
they
have
proved
the
Restraint
and
the
Execution
of
it
.
That
it
is
turned
into
a
Monopoly
;
After
a
little
Respit
his
Lordship
made
his
defence
to
this
Article
,
in
Substance
as
followeth
.
That
he
conceives
he
hath
very
little
crime
to
answer
,
as
to
this
Charge
,
especially
as
unto
Treason
.
That
he
wisheth
with
all
his
heart
he
had
so
much
profit
to
answer
for
,
as
is
pretended
that
he
gained
by
this
business
.
His
Lordship
presented
in
the
first
place
a
Petition
presented
by
the
Commons
House
of
Parliament
in
Ireland
;
in
the
Parliament
preceeding
this
,
wherein
they
desired
,
that
this
Lease
of
the
Impost
of
Tobacco
might
be
taken
in
,
and
compounded
for
,
and
converted
to
the
Kings
benefit
:
That
the
Revenue
might
be
able
to
bear
the
Charge
,
and
the
Subjects
eased
from
demand
of
Contribution
,
and
supply
for
this
purpose
;
so
that
this
was
originally
ordained
by
themselves
,
on
their
own
Petition
,
to
be
setled
as
a
Revenue
of
the
Crown
.
The
Petition
being
affirmed
by
Mr
Gibson
,
to
be
a
true
Copy
,
being
Paul
Davis
in
Ireland
,
was
read
as
to
that
point
,
and
it
imports
.
Lastly
,
They
do
humbly
advise
,
that
the
six
Subsidies
,
chearfully
granted
in
this
Parliament
,
may
be
imployed
for
the
buying
of
the
Leases
and
Farms
,
that
the
same
may
be
able
to
supply
the
necessary
charge
of
this
Kingdom
in
the
first
place
.
And
in
the
second
place
,
to
satisfie
and
discharge
the
Debts
and
Incumbrances
aforesaid
,
as
in
manner
aforesaid
,
and
for
the
other
not
included
.
The
House
would
not
enter
into
Consideration
thereof
,
but
are
confident
,
that
when
others
justly
due
,
shall
appear
,
your
Lordships
will
take
a
course
that
shall
stand
with
your
Honor
and
Profit
.
My
Lord
of
Strafford
offered
a
Witness
to
prove
,
that
the
Tobacco
is
one
of
the
things
that
goes
under
the
name
of
Leases
.
Mr.
Slingsby
being
examined
to
that
point
.
Answered
,
That
he
was
a
Member
of
the
House
of
Commons
the
first
My
Lord
of
Strafford
desired
liberty
to
reserve
Sir
Adam
Loftus
,
whom
Lord
Robert
Dillon
being
asked
whether
he
was
of
the
Parliament
House
His
Lordship
answered
,
That
he
did
serve
in
the
House
of
Commons
that
Parliament
,
that
they
were
upon
the
Kings
Revenue
,
and
they
wished
that
the
Charge
might
be
answered
by
the
coming
in
of
the
Rents
.
He
remembers
,
that
on
debate
in
the
House
,
a
Committee
was
appointed
to
consider
of
the
disposing
of
part
of
the
Kings
Revenue
,
to
take
off
the
Incumbrances
then
of
His
Majesties
Revenue
,
to
the
end
,
the
Rent
of
His
Majesty
being
raised
,
they
might
be
able
to
answer
the
ordinary
and
standing
charge
of
the
Kingdom
,
and
so
divers
things
were
to
be
brought
in
;
but
for
the
very
particular
of
Tobacco
,
he
doth
not
remember
,
it
by
name
though
he
remembers
Wine
and
Aquavitae
,
and
the
Incumbrances
on
the
Customs
.
My
Lord
of
Strafford
in
the
second
place
,
shews
the
Grant
of
the
Imposition
Which
being
attested
by
Mr.
Gibson
to
be
a
true
Copy
,
and
to
be
by
him
examined
at
the
Rolls
in
Ireland
,
was
read
,
as
to
this
point
purporting
,
That
the
King
appoints
,
That
from
the
Date
thereof
,
there
shall
be
received
by
way
of
Imposition
Money
18
d.
currant
,
upon
every
pound
of
Tobacco
,
which
is
demised
to
William
Massam
and
Iohn
Pitt
for
7
years
,
under
the
yearly
Rent
of
10
l.
Dat.
6
Iune
,
13
Iac.
Next
he
offered
a
Lease
of
the
said
Impositions
to
Mr.
Lyne
for
21
years
,
at
20
l.
per
ann
.
Dat.
8
Feb.
19
Iac.
But
Mr.
Maynard
admitting
it
,
the
reading
thereof
was
forborn
.
Next
,
He
offers
the
Kings
Letter
18
Iuly
,
12
Car.
whereby
His
Majesty
directs
the
setling
of
this
business
,
and
is
a
warrant
for
issuing
of
the
Proclamation
wherewith
he
is
charged
.
Which
being
affirmed
by
Mr.
Gibson
to
be
a
true
Copy
,
was
read
,
whereby
is
imported
.
That
His
Majesty
being
given
to
understand
,
that
the
pre-emption
of
Tobacco
may
be
rightly
assumed
,
had
resolved
to
lay
hold
of
the
present
opportunity
,
requiring
my
Lord
of
Strafford
to
advise
with
such
of
the
Council
there
,
as
he
should
think
fit
,
or
by
what
Limitations
and
Conditions
the
pre-emption
may
be
setled
;
and
afterwards
,
to
direct
a
course
for
licencing
the
sale
thereof
,
to
the
best
improvement
.
Yet
so
as
a
care
may
be
had
as
near
as
may
be
,
to
prevent
the
bringing
in
of
unfound
Tobacco
,
leaving
to
his
judgement
,
all
necessary
provisions
to
be
determined
about
this
business
,
Dat.
18
Iuly
12
Car.
My
Lord
of
Strafford
observed
,
that
this
Letter
was
sent
upon
the
like
course
taken
here
in
England
,
it
being
thought
fit
to
be
alike
in
both
Kingdoms
;
but
the
business
of
England
preceeded
it
,
and
was
the
occasion
of
the
Letter
.
The
next
thing
observed
was
the
Proclamation
in
England
,
to
probibit
the
planting
of
Tobacco
in
England
and
Wales
,
and
the
landing
of
Tobacco
in
any
part
of
England
or
Ireland
,
but
only
at
London
,
other
than
such
,
and
so
much
Spanish
Tobacco
,
and
Plantation
Tobacco
,
as
should
be
allowed
and
determined
to
be
competent
,
upon
pain
of
Confiscation
:
A
Moyety
to
the
King
,
a
Moyety
to
the
Discoverer
.
Which
was
read
,
being
dated
14
Mar.
13
Car.
Which
my
Lord
of
Strafford
observed
to
be
the
same
with
that
wherewith
himself
is
charged
;
and
that
the
Letter
directing
him
to
take
this
business
into
Consideration
,
bears
date
Iuly
12.
Car.
and
the
first
Proclamation
issued
out
ult
,
Ian.
13
Car.
So
that
he
made
no
haste
.
The
next
thing
his
Lordship
offered
,
was
the
Contract
it self
,
Dat.
7
Nov.
13.
Car.
which
being
affirmed
by
Mr.
Gibson
,
to
be
a
true
Copy
,
was
read
,
being
Signed
by
the
Deputy
and
Council
,
and
Imports
That
Carpenter
,
Bartholomew
Peatly
and
others
had
made
an
humble
Proposition
,
thereby
setting
forth
,
That
no
Order
hath
been
taken
for
the
due
bringing
in
of
good
and
sufficient
Tobacco
,
or
quantities
proportionable
to
the
Consumption
thereof
,
whereby
the
price
is
too
much
inhaunced
,
or
the
Market
glutted
,
and
desiring
that
they
may
have
the
Renting
of
the
Tobacco
business
for
11
years
,
paying
yearly
5000
l.
For
the
first
five
years
,
10000
l.
for
the
six
last
years
freed
from
Custom
,
and
only
paying
3
d.
Impost
,
and
the
Custom
not
to
be
advanced
;
that
,
they
,
and
such
as
they
shall
contract
with
,
may
be
free
to
return
,
and
enter
in
London
or
Ireland
:
That
in
case
of
War
,
they
may
account
only
for
the
Profits
,
in
lieu
of
the
Rent
.
That
upon
my
Lord
of
Strafford's
leaving
the
Government
,
they
may
be
free
to
surrender
their
Grant
,
and
not
stand
charged
.
That
Tobacco
may
be
solely
imported
,
and
the
sale
licensed
by
them
.
That
no
Tobacco
be
planted
in
Ireland
,
during
the
Term.
Whereupon
,
a
Warrant
was
issued
for
the
paying
of
a
Grant
to
them
of
the
sole
Importation
,
and
Lycensing
the
sale
of
Tobacco
for
11
years
,
paying
5000
l.
yearly
for
the
first
five
years
,
10000
l.
for
the
last
six
years
,
above
the
custom
of
3
d.
per
pound
,
with
all
the
Customes
received
for
His
Majesty
since
Michaelmas
last
,
and
all
Impositions
to
be
laid
down
during
that
term
,
&c.
Dat
,
7
Nov.
1637.
And
such
security
to
be
given
for
the
Rents
,
as
to
the
Court
of
Exchequer
should
be
thought
meet
Where
my
Lord
of
Strafford
observed
,
that
he
did
nothing
herein
,
without
the
assistance
of
the
Principal
of
the
Council
there
.
And
further
,
That
before
this
was
resolved
,
advertisement
was
sent
His
Majesty
,
that
His
direction
might
be
given
,
and
the
Letter
from
the
Council
of
Ireland
,
to
Secretary
Cook
,
being
affirmed
by
Mr.
Gibson
,
to
be
a
true
Copy
,
was
read
,
importing
the
substance
of
the
said
Treaty
,
and
the
conditions
thereof
recited
,
Dat.
ult.
May
,
1638.
The
next
thing
offered
is
the
Grant
it self
,
Dat.
22.
Iune
,
14
Car.
And
an
Act
of
Parliament
for
the
confirmation
of
it
,
according
to
the
Petition
and
the
King's
Letter
.
The
Clerk
of
the
Crown
did
now
inform
their
Lordships
,
That
there
is
a
Bill
concerning
Importation
of
Tobacco
,
transmitted
out
of
Ireland
in
Iuly
last
,
and
it
was
sent
back
at
Michaelmas
last
,
with
a
Commission
to
the
Lieutenant
,
to
give
Royal
Assent
,
but
whether
it
was
given
or
no
,
he
cannot
tell
.
But
my
Lord
of
Strafford
,
said
,
it
was
only
transmitted
from
the
Deputy
and
Council
,
and
sent
back
under
the
Great
Seal
,
but
did
not
pass
the
Parliament
there
;
and
he
desired
it
might
be
read
only
as
to
the
Title
:
But
that
was
laid
aside
.
And
then
his
Lordship
added
,
That
as
for
the
Proclamation
,
he
with
the
rest
of
the
Council
,
did
set
his
Hand
thereunto
;
and
that
he
conceived
then
,
and
trusts
it
will
appear
now
to
be
upon
very
good
Warrant
,
and
justifiable
;
he
having
the
Kings
Command
in
the
point
,
and
it
being
only
Temporary
,
till
an
Act
of
Parliament
might
make
final
in
it
,
that
it
might
remain
in
the
Crown
for
after-times
,
and
a
Proclamation
thus
issued
till
an
Act
of
Parliament
comes
,
he
conceives
very
Justifiable
;
if
it
be
an
Error
,
it
is
an
Error
he
hath
been
always
misguided
by
.
That
the
King
may
make
a
Proclamation
till
a
Parliament
comes
to
make
it
more
lasting
.
And
whereas
some
Transgressors
against
these
Proclamations
,
are
Sentenced
,
yet
he
is
charged
with
none
of
them
,
and
so
on
the
matter
is
not
charged
with
their
Sentence
;
though
he
conceives
the
same
very
justifiable
,
there
appearing
to
be
Perjury
in
some
of
them
;
and
if
they
be
poor
,
and
men
of
no
great
fortunes
,
he
knows
not
what
is
more
proper
or
deserved
,
than
to
see
men
taken
in
so
foul
a
Crime
,
on
the
Pillory
,
as
being
a
fair
and
moderate
punishment
;
and
the
Fines
were
in
Terrorem
,
there
being
little
or
nothing
of
them
paid
.
And
this
point
of
Jurisdiction
for
punishing
Transgressors
of
Act
of
State
and
Proclamations
,
he
conceives
fully
proved
before
in
the
former
Articles
.
And
whereas
't
is
said
;
the
Tobacco
was
not
sold
at
reasonable
Rates
as
formerly
,
he
desired
their
Lordships
to
observe
,
that
the
Contract
was
made
22
Iune
,
14
Car.
and
in
September
was
Twelve
moneths
,
he
was
not
privy
to
it
.
And
on
this
the
Contractors
stand
on
their
Justification
,
and
hope
to
make
it
appear
,
if
they
may
have
time
,
that
the
Planters
have
in
no
part
of
Christendom
,
so
good
a
value
as
here
;
and
that
they
sell
at
as
moderate
rates
,
as
ever
was
sold
heretofore
,
and
better
conditioned
Commo●ty
.
His
Lordship
further
observed
,
That
the
proof
which
makes
the
great
Cry
in
point
of
value
,
is
weak
enough
.
That
there
should
be
near
100000
l.
profit
a
year
,
is
a
wonderful
estimate
,
and
admirable
to
him
.
That
during
his
being
there
,
which
was
one
year
,
it
shall
appear
they
were
loosers
by
it
;
which
he
speaks
confidently
,
thinking
those
intrusted
with
it
,
would
not
abuse
him
;
they
having
protested
,
the
Countrey
was
so
abused
,
that
they
could
get
very
little
by
their
Office
.
That
how
it
is
sincehe
knows
not
,
for
the
Contractors
,
one
of
them
is
laid
up
in
prison
,
and
the
Tobacco
seized
on
,
under
pretence
that
he
is
impeached
of
Treason
;
But
they
profess
(
and
he
believeth
them
)
That
when
Sir
George
Ratcliffe
came
out
of
Ireland
,
they
had
received
in
Money
80000
l.
and
they
had
layed
forth
in
Rent
,
buying
Tobacco
,
Stock
,
and
Charges
,
86000
l.
so
that
they
had
not
in
their
Money
by
60000
l.
And
Sir
George
Ratcliffe
(
who
is
now
in
Town
,
and
though
his
misfortunes
are
heavy
and
sad
enough
,
yet
is
known
to
be
a
person
of
Honesty
and
Worth
)
he
dares
say
,
will
take
his
oath
on
it
,
and
they
that
know
him
,
know
he
would
not
take
a
false
oath
,
to
gain
all
the
world
;
That
there
be
indeed
some
debts
which
are
not
gathered
,
and
some
collected
,
and
paid
into
the
Exchequer
:
and
this
he
said
,
is
to
the
value
of
the
bargain
;
and
where
he
hears
the
Gentleman
say
,
the
Customs
have
been
worth
to
him
and
his
Partners
300000
l.
Surely
the
Informations
have
been
much
mistaken
from
them
that
gave
the
notice
out
of
Ireland
;
for
it
is
to
be
understood
,
that
whatsoever
the
Profits
are
,
the
Kings
Rent
must
be
taken
out
,
which
is
15500
l.
of
the
rest
the
King
hath
⅝
parts
,
and
himself
but
¼
part
;
so
that
on
the
matter
,
he
thinks
they
have
been
worth
to
him
,
4
or
5
or
6000
l.
a
year
better
than
the
Rent
,
though
the
value
is
not
considerable
in
his
Charge
against
him
of
Treason
.
That
their
Lordships
might
see
the
Reasons
why
he
could
not
prepare
a
particular
Account
of
these
things
,
His
Majesty
had
had
a
particular
Account
,
had
not
the
Ministers
been
so
dealt
withal
,
laid
in
prison
,
and
abused
;
If
you
will
speak
of
a
tyrannical
and
arbitrary
way
of
Government
(
The
Commons
expressing
some
distaste
at
this
Egression
;
my
Lord
of
Strafford
saith
he
complains
of
Ireland
,
not
of
things
here
)
and
desires
leave
to
read
two
Orders
of
the
Commons
House
,
who
have
seized
on
all
,
given
order
for
sale
of
them
,
taken
the
Contractors
,
imployed
and
imprisoned
them
,
and
he
thereby
rendred
altogether
unable
to
clear
things
,
as
otherwise
he
might
have
done
;
and
these
things
they
do
,
he
knows
not
how
,
but
to
his
undoing
indeed
.
Mr.
Maynard
did
here
interpose
and
desire
to
know
,
to
what
purpose
he
would
have
them
read
;
and
whereas
he
speaks
of
a
Tyrannical
usage
,
he
desires
to
know
whom
he
presses
,
whether
the
House
of
Commons
there
or
here
.
And
Mr.
Whitlock
added
,
That
my
Lord
of
Strafford
in
his
defence
of
the
last
Article
,
let
fall
some
things
that
were
an
Aspersion
on
the
whole
state
of
Ireland
,
the
Lords
and
Commons
there
Assembled
;
for
he
said
,
Their
Lordships
might
perceive
the
truth
of
the
Remonstrance
,
presented
from
thence
on
a
former
occasion
,
and
now
he
speaks
of
a
Tyrannical
Government
,
on
his
making
of
Orders
,
which
himself
mentions
to
be
made
by
the
House
of
Commons
in
Ireland
.
And
therefore
their
Lordships
were
desired
to
vindicate
the
Honor
of
the
Kingdom
of
Ireland
,
which
suffers
by
those
aspersions
.
Sir
Iohn
Clotworthy
further
insisted
on
it
,
That
their
Lordships
are
witnesses
of
the
many
Commendations
my
Lord
of
Strafford
hath
formerly
issued
,
concerning
the
people
of
Ireland
,
as
long
as
they
were
subservient
to
his
Courses
,
and
could
not
find
a
way
to
extricate
themselves
from
his
Lord
ships
yoke
,
they
were
cryed
up
,
to
be
numbred
amongst
the
best
of
His
Majesties
Subjects
.
Now
when
they
are
seeking
to
vindicate
and
relieve
themselves
from
his
heavy
yoke
,
they
must
be
called
a
people
,
he
knows
not
how
bad
,
and
therefore
beseeches
their
Lordships
that
they
may
be
set
right
in
their
Lordships
opinions
.
The
reading
of
the
Order
being
opposed
by
the
Committee
,
as
tending
nothing
to
the
Cause
;
Mr.
Maynard
alleadging
that
my
Lord
would
have
them
ready
to
give
their
Lordships
satisfaction
,
why
they
should
not
be
read
,
for
he
imports
,
they
be
tyrannical
,
and
something
he
would
deduce
out
of
them
,
to
the
aspersion
of
others
.
Whence
my
Lord
of
Strafford
added
only
on
the
execution
of
them
;
And
Mr.
Maynard
replyed
,
prove
them
on
the
Execution
,
they
were
at
last
permitted
to
be
read
.
One
dated
27
Feb.
1640.
importing
,
THat
whereas
great
sums
of
Money
have
been
raised
by
Customs
,
above
the
Rent
,
and
my
Lord
of
Strafford
,
and
Sir
George
Ratcliff
are
impeached
of
High
Treason
,
therefore
it
is
Ordered
,
That
all
persons
that
have
Money
of
His
Majesties
in
their
hands
,
concerning
the
Monopolies
,
shall
forthwith
bring
the
same
into
his
Highness
Receipt
;
and
the
Commissioners
appointed
to
oversee
the
Ports
,
shall
bring
in
their
Letters
Patents
to
be
considered
of
;
and
because
the
Customs
of
Dublin
amount
to
⅝
of
Ireland
,
and
the
now
Collector
is
not
responsible
for
his
great
charge
,
if
he
should
miscarry
;
therefore
Sir
Edw.
Bagshaw
,
Kt.
now
Customer
and
Collector
,
shall
collect
all
the
Customes
,
and
pay
the
same
into
the
Receipt
.
That
the
Magazine-keeper
of
Tobacco
shall
forthwith
return
a
true
List
of
all
Tobacco
remaining
in
his
hands
,
and
what
was
sold
since
Michaelmas
1637.
and
to
what
account
,
and
what
Moneys
are
received
,
and
to
whom
the
same
is
paid
,
and
what
Money
,
Bonds
,
Bills
,
and
other
Debts
remain
unpaid
of
the
Premisses
,
and
in
whose
hands
they
be
;
And
that
all
Customers
,
and
Officers
in
the
Ports
and
Creeks
,
do
deliver
into
this
House
within
two
moneths
,
a
true
List
of
all
such
seizures
of
Money
,
Tobacco
,
and
other
Commodities
,
that
they
,
or
any
of
them
have
made
or
compounded
for
,
or
what
remains
in
their
hands
;
and
likewise
all
forfeited
Bonds
for
Goods
transported
into
England
,
&c.
and
of
all
Fees
they
have
received
,
and
their
Warrants
,
and
a
Note
of
all
such
persons
as
receive
Fees
,
and
are
no
Officers
,
and
what
Fees
,
&c.
for
seven
years
last
past
.
The
Second
Order
was
dated
3
Mar.
1640.
importing
in
effect
,
That
FOrasmuch
as
much
Tobacco
lies
in
the
Magazines
,
which
is
perished
,
It
is
Ordered
,
that
certain
persons
in
the
Order
named
,
shall
make
sale
thereof
to
the
best
advantage
;
and
the
Contractors
are
required
to
make
weekly
Accounts
of
all
the
Moneys
they
shall
receive
,
or
which
shall
accrue
out
of
the
Tobacco
by
them
sold
,
and
deliver
the
Money
to
certain
persons
therein
named
,
or
any
two
of
them
,
who
are
required
to
take
the
burden
on
them
,
and
receive
the
Account
weekly
due
,
&c.
and
to
be
answerable
to
His
Majesty
,
&c.
My
Lord
of
Strafford
observed
,
that
these
he
shewed
,
to
justifie
,
that
he
could
not
give
particular
satisfaction
,
those
imployed
being
in
prison
.
And
further
,
that
in
the
whole
proceeding
of
this
,
he
had
done
nothing
but
what
's
warrantable
,
and
howsoever
it
proves
a
good
or
a
bad
bargain
,
that
's
not
in
question
;
for
he
never
knew
the
goodness
of
a
Bargain
could
make
a
Treason
:
If
every
one
that
makes
a
bad
bargain
with
the
King
,
should
be
a
Traitor
,
it
were
hard
,
but
at
that
time
none
would
be
a
partner
with
them
,
among
them
all
that
say
,
it
was
so
great
a
bargain
.
That
in
fine
,
the
worst
of
this
can
but
be
,
that
it
is
a
Monopolie
,
a
sole
buying
and
selling
of
Tobacco
;
and
he
hath
known
in
his
little
poor
experience
many
Monopolies
overthrown
by
sentence
of
the
Commons
House
,
;
but
under
favour
,
never
heard
it
to
be
judged
Treason
before
this
time
.
For
the
Port
of
Kinsale
,
it
is
the
Port
wherein
in
a
manner
,
all
the
Tobacco
of
the
Kingdom
comes
to
be
Landed
,
and
thence
transported
again
;
and
that
the
value
of
the
Tobacco
is
worth
100000
l.
is
but
an
estimate
,
and
no
Consideration
herein
had
of
the
price
,
the
Customes
,
the
Losses
and
Charges
,
and
the
Remonstrance
of
the
Commons
,
is
only
that
they
conceive
it
to
be
so
;
And
this
is
all
the
Testimony
to
the
value
.
And
so
his
Lordship
concluded
his
Defence
.
And
Mr.
Maynard
made
Reply
in
substance
as
followeth
.
And
First
he
observed
,
That
whereas
it
was
said
,
the
Orders
of
the
Commons
House
were
Rigid
,
indeed
Tyrannical
,
when
they
be
heard
,
there
's
no
such
thing
in
them
;
they
appoint
two
of
my
Lord
of
Strafford's
Agents
,
at
least
one
of
them
is
his
Agent
,
and
the
other
Patentee
to
account
the
Money
:
That
they
shall
only
bring
in
a
List
,
without
taking
away
the
Books
,
or
any
thing
conducing
to
his
defence
.
That
he
knows
not
for
what
purpose
my
Lord
of
Strafford
objected
the
Lease
10
Iac.
for
that
concerned
imposition
on
Tobacco
,
but
the
question
here
is
,
That
none
must
sell
Tobacco
without
Licence
of
the
Patentee
.
Here
my
Lord
of
Strafford
interposed
,
That
any
man
that
will
pay
Imposition
and
Custome
,
may
bring
in
what
Tobacco
he
pleases
.
But
Mr.
Maynard
answers
,
That
that
's
more
than
the
Tobacco
is
worth
,
and
if
the
Patentees
may
sell
without
Imposition
and
Custome
at
their
own
Prizes
,
they
are
2
s.
a
pound
before
any
man
.
Mr.
Maynard
proceeded
to
answer
,
That
of
the
Commons
petitioning
for
regulating
the
King's
Debts
,
and
observed
,
That
it
was
only
that
the
Incumbrances
on
the
Kings
Revenue
might
be
taken
off
;
and
this
is
no
ground
that
the
Subject
must
not
have
his
Goods
,
because
the
Kings
debts
must
be
regulated
,
nor
a
good
service
done
His
Majesty
,
that
when
the
Commons
shall
desire
something
may
be
done
,
therefore
this
is
an
Argument
,
and
Justification
,
that
any
thing
may
be
done
;
this
being
to
stop
the
issues
of
the
affections
of
the
Kings
people
,
when
what
they
propound
,
shall
be
so
far
beyond
their
Intention
;
besides
,
some
have
been
whipp'd
,
Pillory'd
,
and
,
Was
that
the
Intention
of
the
Commons
House
,
to
put
such
Severity
,
pardon
him
if
he
say
Cruelty
,
upon
the
Subject
?
That
the
Letter
from
His
Majesty
was
on
a
Misinformation
;
for
it
sayes
,
His
Majesty
is
given
to
understand
the
Preemption
of
Tobacco
may
be
rightfully
assumed
;
Yet
the
known
Law
in
England
,
or
Ireland
,
being
,
that
any
preemption
may
be
put
upon
a
Commodity
,
to
take
it
from
the
Subject
;
so
they
have
the
more
to
answer
for
it
that
did
inform
it
:
and
,
if
the
Question
be
,
Who
?
Surely
out
of
my
Lord
of
Straffords
own
Defence
,
he
himself
appears
to
be
the
Man
;
for
,
he
makes
the
Proposition
of
the
Commons-House
the
ground
of
his
Proceeding
:
So
it
was
an
Arrow
out
of
his
Quiver
.
Besides
,
though
it
was
to
be
assumed
to
His
Majesty
,
yet
the
Question
is
,
Who
had
the
Profit
?
the
King
had
little
in
proportion
to
what
hath
been
raised
.
For
the
Proclamation
,
March
13
Car.
Whereas
my
Lord
makes
that
in
England
the
Example
of
that
Issued
in
Ireland
;
if
that
which
follows
may
be
an
Example
to
that
which
goes
before
,
it
may
be
true
:
But
,
the
Proclamation
in
Ireland
was
in
Ianuary
,
and
the
Proclamation
here
is
in
March
,
the
same
year
;
Therefore
that
's
a
great
Mistake
.
Besides
,
if
there
be
a
Monopoly
set
up
in
England
,
Shall
that
Justifie
another
?
A
Crime
being
aggravated
,
when
it
becomes
an
Example
;
for
,
when
they
go
to
the
other
,
one
strengthens
another
;
and
there
is
more
Mischief
to
the
Common-wealth
.
And
,
in
Parliament
,
they
must
be
bold
to
say
,
when
Ill
Ministers
shall
take
on
them
to
Vouch
the
Sacred
Names
of
His
Majesty
to
Justifie
a
Monopoly
,
His
Majesty
is
Innocent
,
but
they
liable
to
great
Punishment
;
and
the
more
Punishable
,
because
they
Justifie
it
under
such
a
Colour
.
As
to
the
Advertisement
of
it
hither
by
the
Deputy
and
Counsel
;
Shall
their
Advertisement
,
of
what
was
done
Unjustly
,
make
it
Just
?
Besides
,
my
Lord
of
Strafford
takes
on
him
the
Encouragement
of
the
Contracts
;
for
,
there
is
one
Proposition
that
(
in
case
we
remove
)
they
may
have
liberty
to
surrender
their
Patents
,
which
is
a
strong
relish
of
my
Lord
of
Strafford
:
For
else
,
Why
should
they
desire
no
longer
to
continue
the
Grant
,
then
they
may
have
his
Protection
to
Whip
,
and
Pillory
Men
?
And
,
the
truth
is
,
he
is
the
sole
Man
that
hath
the
Benefit
of
it
,
and
the
rest
are
his
Servants
;
And
,
they
will
desire
Mr
Little
may
be
examined
to
that
point
by
and
by
.
He
added
,
That
his
Lordship
had
a
Weak
Defence
,
else
he
would
not
have
fled
to
such
a
Buckler
,
as
an
Act
of
Parliament
,
certified
from
Sir
Christopher
Wainsford
the
Deputy
of
Ireland
;
that
he
thinks
it
fit
to
pass
,
who
was
one
of
them
that
Acted
at
the
Councel-Table
,
so
far
as
his
part
came
;
but
,
it
was
never
propounded
to
either
of
the
Houses
.
And
,
where
my
Lord
sayes
,
A
Proclamation
may
be
made
,
till
an
Act
of
Parliament
make
it
more
lasting
;
Mr.
Maynard
said
,
Yet
he
hoped
,
by
no
Law
in
England
,
a
Proclamation
may
take
away
the
Goods
of
the
Subject
:
That
there
is
a
Right
in
Proclamation
he
will
never
speak
against
;
but
,
it
is
no
Temporary
Law
to
raise
a
Monopoly
.
And
,
whereas
he
sayes
,
Tobacco
yields
no
where
so
good
a
Value
as
in
Ireland
,
that
's
nothing
to
the
Point
of
Buying
;
that
when
the
Subject
may
have
2
Shillings
,
my
Lord
of
Straffords
Agents
shall
have
it
for
6d
,
and
sell
it
again
for
2
or
3
Shillings
.
My
Lord
sayes
,
The
Contractors
are
out
of
Purse
6000
l.
and
't
is
but
said
;
And
that
will
not
abate
the
Testimony
.
For
Kinsale
,
the
Witness
being
an
understanding
Man
,
says
,
That
in
that
one
Port
there
comes
in
200
Tun
;
and
whereas
it
is
said
,
There
comes
none
,
in
a
Manner
,
in
any
other
Port
,
Why
then
hath
my
Lord
Five
Magazines
of
Tobacco
at
several
places
?
Nothing
is
offered
by
way
of
Defence
:
And
he
that
shall
Justifie
such
things
by
the
Commands
he
hath
produced
,
doth
exceedingly
Justifie
our
Complaint
in
that
Point
;
for
,
were
it
not
that
by
Misinformation
,
the
Subject
is
left
Remediless
at
Law
,
he
might
be
holpen
there
:
but
,
when
my
Lord
of
Strafford
,
and
other
Great
Officers
there
shall
use
the
King's
Name
,
That
's
our
Trouble
,
therefore
their
Profit
:
And
,
therefore
,
though
my
Lord
makes
light
of
it
,
it
will
come
heavy
at
the
last
,
and
is
a
great
breach
on
the
Property
of
the
Subject
,
Soleemption
may
be
made
of
all
things
else
.
Mr.
Glyn
desiring
to
add
a
Word
,
observed
,
That
Two
things
my
Lord
of
Strafford
mainly
insists
on
,
to
Justifie
his
Actions
.
First
,
That
the
House
of
Commons
desired
the
Revenue
might
be
unfettered
,
by
taking
off
the
Leases
in
being
;
And
Urges
,
That
they
intended
the
Lease
of
Tobacco
among
the
rest
,
which
appeares
not
:
But
admit
it
,
their
Intention
was
to
take
off
the
Fetters
and
Ingagements
from
the
Kings
Revenue
,
that
the
King
might
make
the
best
of
it
;
not
that
others
should
feed
on
what
was
His
,
and
he
in
the
mean
time
want
.
Now
their
Lordships
may
observe
,
how
my
Lord
of
Strafford
executes
these
Intentions
;
he
gets
a
Lease
of
it
,
but
doth
not
he
retain
the
Kings
Revenue
,
being
worth
100000
l.
a
year
to
himself
for
5000
l.
if
the
Witness
speaks
truth
?
So
it
falls
on
his
own
head
,
and
is
a
plain
deceiving
of
the
King
.
There
is
a
Letter
,
which
Answer
is
made
to
;
but
,
if
their
Lordships
recall
to
Memory
what
the
Letter
was
,
it
was
as
just
as
could
be
,
to
take
a
course
for
Preemption
of
Tobacco
;
no
,
they
afterwards
enter
into
Consultation
,
and
Advice
,
what
should
be
done
:
And
,
What
do
they
?
They
lay
a
Restraint
that
no
Man
should
Import
unless
they
would
Sell
unto
my
Lord
of
Strafford
,
at
his
Rate
,
and
so
it
is
executed
to
Tyranny
over
the
People
.
There
is
another
thing
my
Lord
Insists
on
:
Is
the
making
of
a
good
Bargain
Treason
?
But
,
out
of
the
making
of
this
Bargain
,
if
their
Lordships
well
consider
it
,
They
shall
find
a
double
Treason
to
result
;
First
,
Exercising
an
Arbitrary
Power
,
by
laying
what
Tax
he
will
,
for
he
may
lay
19
Shillings
as
well
as
6d.
Secondly
.
His
depriving
the
King
of
His
Estate
,
under
Colour
of
Advancing
His
Revenue
,
which
is
to
deprive
the
King
of
His
Government
:
For
,
if
one
takes
away
my
meanes
of
Livelihood
,
and
defence
against
an
Enemy
,
it
is
a
killing
of
me
round
about
,
though
it
were
a
more
immediate
killing
of
me
to
run
me
through
.
If
he
take
away
the
Kings
Livelihood
and
Just
Revenue
,
whereby
He
is
enabled
to
Govern
and
Protect
His
People
,
Is
it
not
to
take
away
the
Government
out
of
His
Hand
?
And
one
word
Mr.
Glyn
desired
to
add
from
something
that
fell
from
my
Lord
of
Strafford
,
by
way
of
Prevention
,
concerning
the
Parliament
of
Ireland
:
We
live
under
one
King
,
and
one
Government
,
and
no
doubt
ought
to
be
sensible
of
one
anothers
Honour
,
the
Parliament
of
England
,
and
the
Parliament
of
Ireland
.
Here
is
an
Article
against
my
Lord
of
Strafford
,
for
endeavouring
to
put
Him
out
of
Opinion
of
Parliaments
:
In
this
Assembly
,
where
the
Commons
and
Peers
are
Assembled
he
hath
endeavoured
to
blast
a
Parliament
:
In
the
next
Kingdom
he
talkes
of
a
Tyrannical
Government
,
an
Arbitrary
Power
:
(
these
were
his
Words
in
effect
)
Is
not
this
as
much
as
in
his
Power
to
cast
a
Blast
and
Ill
Affection
(
in
any
Man
that
hears
him
)
on
the
Parliament
of
Ireland
?
And
he
that
will
do
it
in
the
presence
of
a
Parliament
,
in
England
,
What
will
he
do
of
a
Parliament
of
this
Kingdom
,
in
the
absence
of
a
Parliament
,
and
when
there
is
no
Parliament
Sitting
?
And
so
Concluded
the
Twelfth
Article
,
and
the
House
was
ADJOURNED
.
THE
Thirteenth
Article
.
The
Charge
,
13.
THat
Flax
being
one
of
the
principal
and
Native
Commodities
of
that
Kingdom
of
Ireland
,
the
said
Earl
having
gotten
Great
Proclamations
,
viz.
The
one
Dated
the
One
and
Thirtieth
of
May
,
in
the
Twelfth
of
His
Majesties
Reign
;
and
the
other
Dated
the
One
and
Thirtieth
day
of
January
,
in
the
same
Year
;
Thereby
prescribing
and
enjoyning
the
Working
of
Flax
into
Yarn
and
Thread
,
and
the
ordering
of
the
same
in
such
wayes
,
wherein
the
Natives
of
that
Kingdom
were
unpractised
and
unskilful
:
Which
Proclamations
so
Issued
,
were
,
by
his
Commands
and
Warrants
to
His
Majesties
Justices
of
Peace
,
and
other
Officers
,
and
,
by
other
Rigorous
Meanes
put
in
Execution
;
and
the
Flax
Wrought
,
or
ordered
in
other
manner
then
as
the
said
Proclamation
prescribed
,
was
Seized
and
employed
to
the
Use
of
him
and
his
Agents
:
and
thereby
the
said
Earl
endeavoured
to
gain
,
and
did
gain
in
effect
the
Sole
Sale
of
that
Native
Commodity
.
April
1.
1641.
THe
Thirteenth
Article
was
this
Day
Read
and
Opened
by
Mr.
Maynard
,
concerning
Flax
,
one
of
the
Native
Commodities
of
the
Kingdom
,
which
my
Lord
of
Strafford
,
by
several
Proclamations
,
enjoyned
the
Natives
to
work
into
Yarn
,
in
a
way
wherein
they
were
Unskilful
;
and
Prohibited
the
Buying
of
any
Yarn
of
this
Flax
otherwise
made
;
and
upon
this
occasion
,
much
was
Seized
:
So
that
by
the
Complaints
of
the
Commons
,
it
appears
,
that
Thousands
were
Undone
,
their
Goods
being
taken
away
,
and
Converted
to
my
Lords
Use.
For
Proofe
,
The
Second
Proclamation
of
Deputy
and
Counsel
was
Read
;
wherein
the
first
is
Recited
,
Importing
in
effect
,
That
by
reason
of
the
multiplicity
of
ends
in
Yarne
,
there
is
much
confusion
;
That
for
remedy
,
a
Proclamation
Issued
the
last
of
May
last
,
which
hath
taken
good
effect
:
and
,
in
regard
some
ill-disposed
persons
have
nevertheless
contracted
for
Yarn
at
cheap
and
low
rates
,
though
not
made
according
to
the
first
Proclamation
;
That
therefore
the
said
first
Proclamation
be
strictly
observed
,
and
that
none
presume
to
buy
any
Linnen-Yarn
,
but
shall
be
Reeled
on
one
end
,
and
no
more
,
&c.
That
if
any
person
shall
,
after
the
first
of
April
next
,
offend
,
contrary
to
this
Proclamation
,
he
shall
be
proceeded
against
at
the
Council
Board
,
or
Castle
Chamber
:
Some
are
appointed
to
enquire
of
Contempts
,
to
whom
Recompence
is
promised
.
Given
,
&c.
31
Ian.
12
Car.
1638.
The
Natives
not
being
able
to
apply
themselves
to
his
Commands
,
a
Warrant
went
to
Seize
the
Goods
,
made
,
or
brought
contrary
to
this
Proclamation
;
so
that
People
forbore
the
Markets
,
durst
not
sell
none
openly
,
and
so
could
not
pay
their
Rents
.
The
Warrant
was
produced
under
my
Lord
of
Straffords
Hand
and
Seale
,
which
his
Lordship
affirmed
,
being
in
effect
,
By
the
Lord
Deputy
Wentworth
.
TO
all
Iustices
of
the
Peace
,
&c.
Whereas
Benjamin
Croky
is
Authorized
to
inform
himself
,
and
advertise
the
State
,
of
Abuses
and
Contempts
committed
and
done
,
against
a
Proclamation
made
for
Reformation
of
the
Abuse
of
Spinsters
of
Linnen
Yarn
,
and
to
stay
all
Yarn
made
contrary
,
&c.
till
Our
pleasure
be
further
known
:
And
whereas
he
now
informs
us
,
he
cannot
discharge
that
Trust
,
in
regard
diverse
persons
do
privily
,
in
their
own
Houses
,
and
not
in
open
Markets
,
make
Sale
of
their
Yarn
;
and
though
he
hath
desired
Assistance
of
Publick
Magistrates
,
yet
they
have
failed
to
afford
him
the
same
,
in
that
measure
that
is
fitting
:
In
consideration
whereof
our
pleasure
is
,
and
we
do
hereby
require
and
authorize
you
,
to
be
aiding
and
assisting
to
Benjamin
Croky
and
his
Deputy
,
To
seize
on
,
and
take
all
Yarn
which
shall
be
found
to
be
made
contrary
to
the
said
Proclamation
,
and
to
cause
diligent
search
to
be
made
in
all
Houses
,
&c.
where
you
shall
be
informed
any
such
Remaines
lie
hidden
,
and
the
same
to
seize
and
bring
to
Dublin
,
to
be
disposed
of
,
as
We
shall
direct
the
Party
delivering
it
,
taking
Crokies
hand
for
Receipt
thereof
,
&c.
To
prove
Execution
of
it
.
Benjamin
Croky
Sworn
,
was
Interrogated
,
Whether
he
,
by
vertue
He
Answered
,
That
his
Deputy
did
Seize
Yarn
,
and
it
was
taken
from
him
by
means
of
Ioseph
Carpenter
the
Steward
,
who
received
the
Yarn
into
his
Custody
,
and
converted
it
into
my
Lords
Loomes
.
He
doth
not
know
what
quantities
,
but
it
was
a
great
parcel
;
And
,
he
thinks
,
it
was
to
Carpenters
use
,
but
most
part
of
it
unto
my
Lords
.
Further
,
this
Steward
did
employ
Iohn
Townesend
to
buy
Yarn
,
contrary
to
the
Proclamation
;
He
also
imployed
others
to
Buy
some
for
my
Lords
use
and
his
own
.
This
he
knowes
.
Sir
Iohn
Clotworthy
Interrogated
,
What
he
hath
known
done
in
Execution
of
these
Commands
,
being
a
Justice
of
Peace
?
He
Answered
,
That
he
had
formerly
heard
of
this
Proclamation
;
and
another
Dated
in
May
,
concerning
the
Yarn
business
,
That
there
was
this
same
,
or
the
Copy
of
this
same
Warrant
,
under
my
Lord
Deputies
Hand
,
brought
to
him
,
being
a
Justice
of
Peace
;
and
he
required
to
give
Assistance
in
it
:
That
he
sent
for
the
People
that
had
been
Distressed
in
the
business
,
and
likewise
the
Party
employed
by
this
Crooky
,
and
one
White
named
in
the
Proclamation
,
to
know
,
by
what
Authority
they
put
this
in
Execution
?
Thereupon
they
produced
both
the
Proclamation
and
this
Warrant
.
That
he
conceived
,
there
was
an
Extrajudicial
proceeding
in
it
,
and
therefore
took
Examination
of
it
;
and
found
,
in
the
putting
of
the
thing
in
Execution
,
That
whereas
there
was
a
Clause
in
the
Proclamation
,
They
should
Seize
on
all
Yarne
,
that
was
not
an
Hundred
Threads
every
Skean
,
and
should
Seize
on
it
when
they
found
it
short
of
this
.
That
having
taken
the
Examinations
,
he
sent
them
up
to
my
Lord
Deputy
(
they
being
now
out
of
his
head
)
with
a
Letter
,
Declaring
the
Abuse
of
the
Business
:
That
he
heard
nothing
in
Return
of
the
Business
;
but
was
Severely
Threatned
;
and
received
a
Letter
from
Mr.
Secretary
Little
,
then
my
Lord
Lieutenants
Secretary
:
That
it
was
very
ill
taken
,
that
he
interposed
in
any
thing
,
wherein
my
Lord
was
concerned
:
And
my
Lord
Rainalaugh
had
much
adoe
to
keep
off
a
Serjeant
at
Armes
to
be
sent
for
him
.
My
Lord
of
Strafford
desired
the
Letter
might
be
shown
:
But
,
Sir
Lord
Rainalaugh
being
Interrogated
to
the
same
effect
?
He
Answered
,
It
is
true
,
he
was
at
Dublin
when
some
Information
had
been
given
of
Sir
Iohn
Clotworthy
,
for
something
had
been
done
in
the
Yarne
business
,
and
that
he
apply'd
himself
to
Sir
George
Ratcliffe
,
to
desire
him
to
preserve
Sir
George
from
an
ill
Office
,
and
Sir
George
moved
in
it
accordingly
,
so
that
Sir
Iohn
escaped
trouble
at
that
time
:
For
the
Execution
of
the
Warrant
about
the
Flax
,
that
he
knows
is
this
White
,
or
his
Fellow
,
or
one
of
them
,
he
knows
not
whether
;
but
,
he
coming
to
the
Fair
of
Athlone
(
where
the
Lord
Rainalaughs
Residence
is
)
gave
a
Deputation
to
Iohn
Dennis
,
a
Soldier
of
my
Lord
Wilmots
;
and
,
that
within
little
time
after
,
several
Complaints
were
brought
to
him
,
as
well
by
some
of
the
Townsmen
of
Athlone
,
or
divers
of
the
Countrey
,
that
this
Dennis
had
seized
on
a
great
deal
of
Yarne
in
the
Shops
in
the
Town
,
and
abroad
in
the
Countrey
.
That
he
sent
for
the
Soldier
,
and
Asked
him
,
By
what
Authority
he
did
so
?
who
thereupon
shewed
the
Proclamation
,
a
Warrant
from
my
Lord
Deputy
,
and
such
a
kind
of
Warrant
as
this
;
(
whether
a
Warrant
,
or
a
Copy
,
he
cannot
say
)
:
That
he
Examined
what
proportion
of
Yarn
he
had
taken
;
and
,
he
told
the
Lord
Rainalaugh
,
he
had
as
much
as
a
Cart
could
carry
:
Asking
him
what
he
would
do
with
it
?
the
said
Dennis
answered
,
He
would
carry
it
to
Dublin
:
And
he
asking
him
farther
,
What
he
would
do
with
it
there
?
He
told
him
(
the
Lord
Rainalaugh
)
he
had
direction
to
deliver
it
to
Mr.
Carpenter
,
my
Lord
Deputies
Steward
:
That
he
,
the
Lord
Rainalaugh
,
medled
not
with
it
,
but
thereupon
posted
a
Gentleman
to
Dublin
,
that
had
ready
Access
to
the
Deputy
,
and
told
him
the
Complaints
,
and
this
abuse
,
by
Execution
of
that
Warrant
:
and
,
that
though
it
was
not
agreeable
to
my
Lord
of
Straffords
intentions
(
he
conceived
)
to
have
them
used
,
he
thought
fit
to
Represent
them
:
Thereupon
,
He
the
Lord
Rainalaugh
went
to
Dublin
.
Sir
Iohn
Clotworthy
being
Interrogated
,
what
he
knows
about
breaking
He
Answered
,
That
(
as
it
hath
been
laid
open
)
immediately
on
the
Issuing
of
these
Proclamations
,
and
these
Mens
going
abroad
.
The
Markets
were
deserted
,
and
little
came
to
the
Markets
at
all
,
though
it
were
the
most
Native
Commodity
of
the
Kingdom
,
and
paid
most
part
of
the
May-Rents
;
For
,
it
is
That
the
Women
work
on
all
the
Winter-Season
:
And
,
when
the
Markets
were
deserted
,
people
were
fain
to
bring
their
Yarn
into
houses
,
and
sell
it
under
shelter
,
where
they
might
not
be
seen
,
nor
these
Fellows
Seize
on
it
;
That
thereupon
these
Men
would
come
to
Justices
of
Peace
,
and
Officers
,
and
they
came
to
Sir
Iohn
himself
,
and
though
he
would
not
assist
,
they
would
threaten
the
Constables
,
and
break
open
Chests
,
and
thereupon
he
the
said
Sir
Iohn
Clotworthy
took
away
Yarn
from
them
,
and
restored
it
to
the
Proprietors
.
This
was
done
in
the
Town
and
County
of
Antrim
:
that
he
cannot
tell
how
long
it
is
since
;
but
,
it
was
in
pursuance
of
this
Proclamation
and
Warrant
.
Being
Asked
,
Whether
the
People
were
not
ready
to
rise
in
Tumults
and
Uproares
,
where
these
were
Executed
?
He
Answered
,
That
it
made
very
great
Disorder
,
and
great
Reason
for
it
;
for
,
they
took
away
all
they
had
provided
for
their
Half
years
Rent
,
and
many
people
,
even
Multitudes
,
starved
.
Lord
Rainalaugh
being
Interrogated
the
time
,
Answered
,
He
could
not
Patrick
Gough
being
Interrogated
,
Where
he
had
the
Remonstrance
of
the
House
of
Commons
?
He
Answered
,
It
was
delivered
him
the
25th
of
February
,
in
the
Commons
House
of
Parliament
in
Ireland
,
the
whole
House
Sitting
:
to
be
transmitted
to
the
Committee
for
Irish
Affaires
here
,
with
many
other
things
.
Which
Remonstrance
was
Read
,
being
,
in
effect
,
the
most
Lamentable
Complaint
of
the
Knights
,
Citizens
and
Burgesses
chosen
for
the
Provinces
of
Conaught
,
and
Ulster
,
touching
that
most
Cruel
Extortion
,
or
rather
Robbery
committed
by
a
Company
of
Pursivants
,
sent
abroad
to
Seize
Yarne
,
by
Colour
of
divers
Proclamations
by
the
Lord
Deputy
,
Ianuary
and
May
,
1636.
I.
THe
said
Pursivants
came
into
all
the
Publick
Markets
,
and
seized
on
all
the
Linnen-Yarne
and
Clothing
,
by
which
the
Markets
were
destroyed
.
II.
The
Merchant
was
forced
to
meet
the
People
at
their
private
Houses
;
which
they
understanding
,
way-layed
the
People
,
and
took
away
their
Yarne
,
and
Cloth
,
and
seized
on
what
the
Merchants
had
bought
.
III.
When
any
came
to
the
Markets
,
they
went
to
the
Houses
of
poor
people
,
and
took
up
the
Hutches
where
their
Cloth
lay
,
and
seized
on
all
,
leaving
not
so
much
as
to
cover
their
Nakedness
.
IV.
They
took
away
all
the
poor
peoples
Iron
Pots
,
on
pretence
of
another
Proclamation
,
so
that
on
this
great
Cruelty
,
which
exceeded
Pharoes
,
the
poor
Children
were
forced
to
go
into
the
Fields
,
to
eat
Grass
with
the
Beasts
of
the
Field
,
where
they
lay
down
and
died
by
Thousands
;
If
it
be
deny'd
,
it
will
be
proved
by
Twenty
Thousand
:
and
the
Iudges
of
Assize
,
&c.
procured
my
Lord
Lieutenant
to
Recall
all
the
foresaid
Proclamations
.
Mr.
Fitzgarret
being
Interrogated
,
as
to
the
Value
of
this
Commodity
,
He
Answered
,
That
he
hath
known
the
Province
of
Ulster
,
and
had
occasion
to
converse
with
the
best
of
it
for
24
years
last
past
:
That
he
was
for
8
years
imployed
in
the
Circuit
for
these
parts
,
and
observed
,
the
Natives
made
a
very
great
Commodity
of
Yarne
and
Linnen-Cloth
:
That
he
may
safely
call
it
the
Staple-Commodity
of
that
part
of
the
Kingdom
;
That
the
Merchants
buying
their
Yarne
,
and
transporting
it
to
Lancaster
,
it
was
a
very
great
Commodity
,
and
many
lived
on
it
;
That
the
Proclamation
and
Execution
of
it
(
as
he
was
informed
by
a
man
of
very
good
rank
)
Impoverished
the
whole
Province
,
especially
the
Irish
Natives
,
of
whom
few
have
Lands
or
Estates
,
but
live
as
Tenants
;
and
the
Lands
there
not
yielding
Wheat
or
Barley
in
abundance
(
as
other
Countries
)
they
convert
the
best
Lands
to
the
sowing
of
Flax
,
and
make
a
very
great
Commodity
of
it
;
That
he
had
continual
conference
,
especially
in
Term-time
,
with
the
best
in
those
parts
,
and
especially
Mr.
Robert
Braithwait
,
Agent
for
my
Lord
of
Essex
,
and
Dr.
Cook
,
of
whose
two
Towns
,
one
is
supported
by
this
Commodity
,
and
Dr.
Cook
said
,
there
hath
been
a
hundred
pounds
worth
of
Yarn
in
a
day
sold
and
bought
in
that
place
,
and
by
this
means
the
Markets
are
wasted
,
the
People
impoverished
,
and
that
he
the
said
Dr.
Cook
thinks
in
his
Conscience
,
many
thousands
are
famished
by
the
scarcity
of
Money
that
ensued
on
the
seizing
of
this
;
and
the
extremity
was
such
,
that
one
of
the
Deputies
of
those
mens
authorising
,
went
into
the
house
of
a
Scotchman
in
the
parts
of
Ulster
(
himself
being
in
England
or
Scotland
)
would
open
the
Chests
,
and
used
such
cruelty
,
that
they
thrust
a
stick
into
the
Womans
throat
,
and
she
died
of
it
,
and
the
man
was
tried
for
it
,
as
he
was
informed
.
And
so
Mr.
Maynard
concluded
the
Charge
,
supposing
it
to
be
After
a
little
respite
,
my
Lord
of
Strafford
made
his
defence
in
substance
as
followeth
.
That
in
this
Charge
,
he
hears
something
tending
to
Oppression
,
but
nothing
at
all
towards
Treason
,
for
which
he
is
only
to
answer
.
That
the
intention
of
these
Proclamations
touching
Yarn
,
was
certainly
very
good
,
and
he
thinks
the
power
very
lawfully
executed
,
being
but
temporary
,
to
take
away
an
abuse
,
and
make
it
better
for
the
Common-wealth
.
That
he
conceives
not
,
how
these
Proclamations
should
be
particularly
laid
on
him
,
for
he
hath
very
good
company
goes
along
with
him
,
being
set
out
by
the
Deputies
and
Council
,
and
affixed
to
them
the
Hands
of
my
Lord
Loftus
,
the
Lord
Primate
,
the
Archbishop
of
Dublin
,
Earl
of
Ormond
,
Lord
Dillon
,
Sir
Adam
Loftus
,
the
two
Chief
Justices
,
and
others
:
That
he
had
rather
answer
all
,
than
impute
any
thing
to
any
body
else
,
but
he
believes
their
Lordships
will
conceive
he
is
not
particularly
answerable
,
for
things
done
by
the
advice
of
the
Council
,
as
for
the
best
.
That
he
conceives
they
had
power
to
issue
these
Proclamations
,
as
in
other
things
was
frequent
,
as
in
Drawing
by
the
Horse
tail
,
burning
the
Straw
,
and
so
taking
the
Corn
from
it
;
to
bring
them
from
these
Irish
Customs
to
the
English
Manners
:
So
in
this
,
that
their
winding
of
Thread
might
be
brought
off
with
more
conveniency
,
as
being
of
so
much
more
value
;
for
the
unwinding
was
as
much
trouble
as
the
thing
was
worth
,
so
that
the
authority
was
lawful
,
and
well
executed
in
the
granting
of
it
.
He
craved
leave
to
tell
their
Lordships
wherefore
it
was
,
being
desirous
to
regulate
this
business
more
than
any
other
thing
whatsoever
;
And
it
was
out
of
that
Duty
and
Service
he
did
,
and
ever
should
owe
to
the
English
Nation
;
however
for
the
present
,
he
may
not
be
thought
one
,
he
had
those
affections
,
and
shall
have
to
his
death
,
to
wish
the
Kingdom
all
prosperity
and
happiness
,
in
all
the
parts
of
it
.
That
at
his
coming
over
,
he
did
observe
,
the
Wooll
of
that
Kingdom
did
increase
very
much
,
that
if
it
should
there
be
wrought
into
Cloth
,
it
would
be
a
very
great
prejudice
in
time
to
the
Clothing
trade
of
England
,
and
therefore
he
was
willing
,
as
much
as
he
might
lawfully
and
fairly
,
to
discourage
that
Trade
:
That
on
the
other
side
,
he
was
desirous
to
set
up
the
trade
of
Linnen
cloth
,
which
would
be
beneficial
there
,
and
not
prejudice
the
trade
of
England
;
But
it
was
extreamly
to
his
loss
,
for
he
says
he
lost
3000
l.
and
the
Stewards
Chamber
being
searched
,
and
it
appearing
so
,
the
Accounts
were
delivered
back
again
;
so
that
he
conceives
they
had
lawful
power
so
to
do
,
till
a
Law
might
make
it
more
certain
and
setled
;
and
then
he
is
answerable
for
nothing
in
all
the
rest
,
because
the
execution
was
nothing
to
him
,
and
the
abuses
of
the
Officers
he
is
not
to
answer
for
,
of
whom
Croky
was
the
principal
Executor
,
and
if
there
was
an
Offender
,
he
is
the
greatest
Offender
himself
,
and
my
Lord
Rainalaugh
tells
their
Lordships
plainly
and
truly
,
that
upon
complaint
of
the
ill
execution
of
it
,
it
was
absolutely
recalled
,
and
that
within
two
years
:
so
if
it
were
a
fault
,
he
was
not
incorrigible
,
but
willing
to
amend
it
on
the
first
notice
.
For
the
Warrant
,
there
is
nothing
proved
of
any
thing
amiss
in
him
,
but
it
goes
only
to
second
the
Proclamation
,
and
that
there
should
be
assistance
in
the
due
and
just
execution
of
it
:
only
it
says
the
Yarn
shall
be
brought
to
Dublin
,
there
to
be
disposed
of
,
as
he
should
direct
;
but
there
is
no
proof
of
any
brought
to
him
,
only
my
Lord
Rainalaugh
mentions
a
Cart-load
brought
to
Dublin
,
as
the
fellow
told
him
;
and
Croky
says
,
some
was
brought
to
Dublin
(
but
he
knows
not
how
much
)
and
it
was
converted
partly
to
his
use
,
partly
to
Carpenters
,
but
he
is
a
single
witness
;
whereas
my
Lord
Rainalaugh
says
,
there
was
taken
at
Athlone
(
as
he
was
told
)
a
Cart-load
of
Yarn
,
and
Sir
Iohn
Clotworthy
says
,
they
starved
by
multitudes
in
Ulster
;
my
Lord
of
Strafford
said
,
he
could
not
conceive
how
so
little
a
quantity
taken
in
Conaught
,
should
be
an
occasion
of
starving
multitudes
in
Ulster
,
nor
the
small
quantities
taken
by
Croky
,
but
if
there
were
so
many
starved
,
it
must
be
occasioned
by
some
other
means
than
this
.
That
his
Looms
should
be
an
occasion
of
starving
so
many
men
,
he
conceives
very
strange
,
for
in
truth
,
the
value
of
Cloth
made
in
those
Looms
in
a
year
(
which
he
left
his
Tenants
to
manage
)
was
not
,
as
he
remembers
,
above
16
or
1700
l.
and
if
their
Lordships
consider
the
value
of
the
Yarn
with
the
Labour
,
they
would
wonder
the
making
of
such
a
quantity
in
a
year
should
starve
so
many
thousands
.
It
is
very
true
,
(
he
said
)
he
's
sorry
for
that
Remonstrance
,
read
of
the
Commons
House
in
Ireland
,
thinking
he
had
merited
a
better
opinion
in
that
▪
Kingdom
;
but
howsoever
they
have
been
informed
,
he
doubts
not
,
but
when
things
are
shewed
them
more
clearly
,
than
they
have
been
hitherto
,
he
shall
have
their
good
opinion
still
;
he
never
in
truth
,
doing
or
saying
any
thing
in
all
his
life
,
but
with
very
clear
and
faithful
intentions
to
the
good
and
prosperity
of
that
Common-wealth
and
Kingdom
;
his
Lordship
added
,
That
he
had
some
little
fortune
amongst
them
,
not
great
indeed
,
nothing
near
that
which
is
reported
,
hardly
the
fifth
part
,
but
something
he
had
there
,
honestly
and
justly
come
by
,
and
for
that
reason
he
had
cause
to
wish
well
to
the
Kingdom
;
and
it
grieved
him
extreamly
to
hear
such
a
Remonstrance
read
:
there
would
be
a
time
he
hoped
,
when
he
should
have
means
to
give
them
better
satisfaction
;
but
it
is
but
a
charge
,
and
cannot
(
under
favour
)
be
the
proof
of
a
Charge
,
being
only
received
by
information
of
witnesses
,
and
no
Oath
being
given
by
the
Commons-House
,
he
conceived
it
could
not
be
made
a
proof
against
him
,
but
the
truth
of
the
Charge
comes
to
be
examined
;
for
the
Remonstrance
says
,
that
these
things
will
be
proved
by
20000.
To
which
he
can
say
nothing
,
but
that
he
is
infinitely
sorry
,
he
should
be
so
mistaken
in
that
Kingdom
,
where
(
to
his
best
understanding
)
his
Conscience
tells
him
he
hath
deserved
very
well
(
with
modesty
be
it
spoken
,
his
Lordship
added
)
of
them
all
,
and
desired
to
do
Justice
amongst
them
,
and
there
would
come
a
time
when
he
should
be
better
understood
,
as
well
there
,
as
here
he
hoped
For
the
testimony
of
Mr.
Fitzgarret
,
he
speaks
nothing
of
knowledge
,
but
what
he
hath
been
informed
and
heard
,
and
what
hath
been
credibly
reported
to
him
,
and
those
are
no
proofs
to
be
judicially
taken
,
as
he
conceived
,
nothing
being
by
Mr.
Fitzgarret
spoken
,
but
by
report
;
and
their
Lordships
have
heard
this
reported
as
well
as
he
,
yet
knew
not
whether
it
be
true
,
further
than
is
proved
.
So
he
concluded
where
he
began
,
something
may
look
like
an
oppression
in
them
that
did
execute
it
,
but
nothing
as
to
himself
and
the
rest
of
the
Counsel
,
who
issued
the
Proclamation
on
just
and
warrantable
grounds
,
and
according
to
that
power
they
had
from
the
King
,
which
he
conceived
was
a
full
and
clear
acquittal
of
him
(
humbly
submitting
to
their
Lordships
better
Judgements
)
of
this
Article
,
so
far
forth
,
as
it
amounts
in
any
kind
,
to
convince
him
of
High
Treason
.
To
which
Mr.
Maynard
made
reply
in
substance
as
followeth
,
That
my
Lord
of
Strafford
was
still
striking
on
the
same
string
,
here
(
said
he
)
is
no
Treason
,
though
something
tending
to
oppression
,
and
so
at
this
rate
,
he
can
never
want
an
answer
:
for
if
this
be
not
(
in
this
particular
)
as
high
and
wilful
an
overthrow
of
the
fundamental
Rules
and
Justice
of
the
Kingdom
,
as
can
be
imagined
,
I
appeal
to
your
Lordships
:
and
that
is
it
wherewith
he
is
charged
,
not
as
if
this
singly
would
amount
to
Treason
:
And
Whereas
his
Lordship
says
,
his
intention
was
good
,
if
(
when
an
oppression
of
High
Justice
is
committed
)
it
be
enough
to
say
,
he
had
a
good
intention
,
it
is
a
good
defence
to
take
away
mens
Goods
,
and
apply
them
to
his
own
use
;
and
so
this
being
practis'd
by
him
universally
,
on
a
whole
Kingdom
,
may
be
excused
by
a
good
intention
:
But
God
knows
the
heart
,
your
Lordships
are
Judges
of
his
actions
and
oppressions
.
He
says
the
Proclamation
was
a
Temporary
Law
to
take
away
Goods
,
break
open
Houses
,
forbid
and
annihilate
Contracts
;
this
he
says
in
the
face
of
the
Kingdom
;
so
that
there
cannot
be
better
evidence
given
against
him
,
than
comes
from
his
own
mouth
:
for
that
,
which
is
put
upon
him
,
is
,
That
he
would
erect
a
Government
that
depends
meerly
upon
Will
,
and
take
away
that
which
is
obliged
to
Laws
.
To
say
a
Proclamation
is
a
Temporary
Law
,
is
to
make
a
Law
,
as
long
as
it
pleases
them
that
award
the
Proclamation
to
continue
:
for
when
shall
it
have
an
end
,
but
by
the
pleasure
of
them
that
send
it
forth
?
He
would
excuse
himself
,
that
he
hath
gone
in
good
company
:
Did
the
Commons
insist
on
this
,
as
a
single
misdemeanor
,
my
Lord
might
say
,
he
is
not
the
only
man
that
deserves
punishment
,
but
he
cannot
say
,
but
that
he
is
the
Principal
man
,
and
indeed
,
and
in
effect
the
sole
man
,
as
it
will
appear
in
the
answer
to
the
rest
.
They
are
too
blame
that
follow
his
misguidance
,
but
he
is
not
innocent
that
draws
others
into
such
actions
with
him
.
Mr.
Maynard
observed
the
nature
of
the
Proclamation
,
it
was
not
to
appoint
a
regulation
,
but
to
take
away
the
Subjects
Goods
;
neither
giving
them
time
to
vend
the
Commodities
in
their
hands
,
nor
to
depart
from
that
(
if
it
were
an
ill
usage
)
but
forthwith
,
as
soon
as
the
Proclamation
was
out
,
the
Goods
must
be
seized
,
because
they
did
not
doe
the
things
they
could
not
doe
.
He
saith
the
Execution
is
nothing
to
himself
,
but
to
his
Agents
.
Surely
,
he
that
will
command
unjust
and
evil
things
,
is
not
a
whit
less
guilty
,
because
he
hath
Ministers
,
that
will
apply
themselves
to
his
pleasure
,
to
execute
unlawful
Commands
.
He
commands
,
they
execute
it
;
and
when
they
had
executed
it
,
they
bring
it
to
his
Looms
,
that
is
,
to
his
profit
.
He
says
it
was
recalled
after
two
years
or
thereabouts
,
but
your
Lordships
may
remember
,
on
what
misfortune
and
cruelty
it
was
recalled
,
the
tumults
,
the
stirs
,
the
oppressions
it
did
produce
:
and
his
recalling
it
after
two
years
,
makes
him
not
innocent
before
,
when
1000
or
2000
or
3000
had
perished
by
the
oppression
of
it
;
he
was
not
innocent
,
because
10000
or
12000
did
not
perish
;
it
was
too
long
kept
on
foot
,
and
he
that
doth
unlawful
things
in
so
great
a
measure
,
is
not
to
be
excused
,
because
he
cannot
bring
them
wholly
to
pass
.
For
that
's
all
can
be
said
,
He
could
go
no
further
,
and
therefore
he
leaves
it
off
.
He
says
,
his
Warrant
is
not
amiss
,
but
it
is
extreamly
amiss
,
for
the
Minister
should
advertise
the
State
touching
the
Subjects
Conformities
;
but
my
Lord
of
Strafford
will
have
them
presently
enter
the
House
,
and
seize
the
Goods
:
the
Proclamation
puts
them
on
it
,
but
the
Warrants
command
Justices
of
Peace
,
and
all
Ministers
of
Justice
,
to
come
in
and
countenance
this
cruelty
;
and
when
they
did
not
conform
to
it
,
they
had
reproofs
from
my
Lords
servants
.
And
if
the
point
were
only
to
produce
witness
,
that
the
Flax
or
Yarn
came
to
my
Lords
own
hands
,
it
might
be
despaired
of
,
but
when
the
profit
comes
to
his
hands
by
his
Agents
,
and
those
set
on
work
by
him
,
it
is
no
excuse
to
say
it
was
done
by
others
.
Mr.
Maynard
said
further
,
he
wondred
my
Lord
should
say
,
there
was
no
proof
,
when
there
were
two
express
witnesses
;
my
Lord
said
,
he
heard
but
of
a
Cart-load
,
Mr.
Maynard
answered
,
he
heard
not
the
word
,
but
he
heard
of
about
a
Cart-load
,
and
could
that
starve
1000
men
?
yet
if
a
Cart-load
be
not
sufficient
to
starve
1000
men
,
if
there
be
more
than
1000
starved
,
then
more
than
a
Cart-load
was
seized
.
At
that
time
there
came
in
but
a
Cart-load
,
but
there
came
in
by
good
quantities
,
when
it
came
in
by
Cart-loads
.
He
says
the
Remonstrance
is
but
a
charge
,
but
it
comes
in
on
good
proof
,
and
it
is
concerning
a
whole
Province
,
and
(
as
it
is
likely
)
they
were
there
that
knew
of
the
miseries
that
befell
the
Provinces
.
Mr.
Maynard
further
observed
,
that
heretofore
in
the
matter
of
Tobacco
he
told
your
Lordships
,
he
had
a
command
;
it
was
expected
,
he
would
have
produced
something
to
the
purpose
now
,
but
God
be
thanked
he
hath
not
:
he
says
Tobacco
is
a
superfluous
thing
,
but
these
things
that
are
for
clothing
are
not
superfluous
,
and
being
he
hath
gone
into
this
excess
,
Mr.
Maynard
concluded
with
this
,
that
he
must
leave
him
to
their
Lordships
Judgements
,
for
he
had
made
an
excuse
,
tho
that
he
said
did
not
reach
an
excuse
,
And
whereas
my
Lord
said
,
the
Cart-load
of
Yarn
was
taken
in
Conaught
,
not
in
Ulster
.
Mr.
Glin
added
that
one
thing
was
observable
from
my
Lord
of
Strafford's
own
evidence
,
which
seemed
to
convince
him
of
what
he
denied
.
Here
my
Lord
of
Strafford
desired
leave
to
explain
himself
,
that
(
when
he
said
he
lost
3000
l.
and
1700
l.
a
year
made
of
it
)
he
said
he
made
Cloth
there
6
or
7
years
as
hetook
it
,
and
the
Cloth
it self
,
not
the
Yarn
,
was
worth
1700
l.
for
the
Yarn
was
not
worth
400
l.
and
in
that
time
he
might
very
well
loose
3000
l.
And
so
the
Thirteenth
Article
was
concluded
,
and
the
Fourteenth
Article
being
for
the
present
laid
aside
,
the
Committee
proceeded
to
the
Fifteenth
Article
.
THE
Fifteenth
Article
.
The
Charge
,
15.
THat
the
said
Earl
of
Strafford
,
traiterously
and
wickedly
devised
and
contrived
by
force
of
Arms
,
and
in
a
warlike
manner
to
subdue
the
Subjects
of
the
said
Realm
of
Ireland
;
and
to
bring
them
under
his
tyrannical
Power
and
Will
,
and
in
pursuance
of
these
wicked
and
traiterous
purposes
aforesaid
;
The
said
Earl
of
Strafford
in
the
eighth
year
of
His
Majesties
Reign
,
did
by
his
own
authority
,
without
any
Warrant
or
colour
of
Law
,
Car
,
and
Impose
great
sums
of
Money
upon
the
Towns
of
Baltemore
,
Bandenbridge
,
Talo'we
,
and
divers
other
Towns
and
places
in
the
said
Realm
of
Ireland
,
and
did
cause
the
same
to
be
levied
upon
the
Inhabitants
of
those
Towns
by
Troops
of
Soldiers
,
with
Force
and
Arms
,
in
a
warlike
manner
.
And
on
the
Ninth
day
of
March
,
in
the
Twelfth
year
of
His
now
Majesties
Reign
,
traiterously
did
give
authority
unto
Robert
Savill
,
a
Serjeant
at
Arms
,
and
to
the
Captains
of
the
Companies
of
Soldiers
,
in
several
parts
of
that
Realm
,
to
send
such
numbers
of
Soldiers
,
to
lye
on
the
Lands
and
Houses
of
such
as
would
not
conform
to
his
Orders
,
until
they
should
render
Obedience
to
his
said
Orders
and
Warrants
,
and
after
such
submission
(
and
not
before
)
the
said
Soldiers
to
return
to
their
Garrisons
.
And
did
also
issue
the
like
Warrants
unto
divers
others
,
which
Warrants
were
in
Warlike
manner
with
Force
and
Arms
,
put
in
execution
accordingly
,
and
by
such
Warlike
means
,
did
force
divers
of
His
Majesties
Subjects
of
that
Realm
,
to
submit
themselves
to
his
unlawful
commands
.
And
in
the
said
Twelfth
year
of
His
Majesties
Reign
,
the
said
Earl
of
Strafford
did
traiterously
cause
certain
Troops
of
Horse
and
Foot
,
Armed
in
Warlike
manner
,
and
in
Warlike
array
,
with
Force
and
Arms
,
to
expell
Richard
Butler
from
the
possession
of
the
Mannor
of
Castle-Cumber
,
in
the
Territory
of
Idough
,
in
the
said
Realm
of
Ireland
,
and
did
likewise
,
and
in
like
Warlike
manner
,
expell
divers
of
His
Majesties
Subjects
from
their
Houses
,
Families
,
and
Possessions
,
as
namely
Edward
O
Brenman
,
Owen
Oberman
,
John
Brenman
,
Patrick
Oberman
,
Sir
Cyprian
Horsefield
,
and
divers
others
,
to
the
number
of
about
an
hundred
Families
,
and
took
,
and
imprisoned
them
and
their
Wives
,
and
carried
them
prisoners
to
Dublin
,
and
there
detained
until
they
did
yield
up
,
surrender
,
or
release
their
respective
Estates
or
Rights
.
And
the
said
Earl
in
like
manner
,
hath
,
during
his
Government
of
the
said
Kingdom
of
Ireland
,
subdued
divers
others
of
His
Majesties
Subjects
there
to
his
Will
,
and
thereby
,
and
by
the
means
aforesaid
,
hath
levied
War
within
the
said
Realm
,
against
His
Majesty
,
and
His
Liege
People
of
that
Kingdom
.
Mr.
Palmer
proceeded
to
open
the
15th
Article
,
which
concurred
with
the
precedent
in
point
of
Evidence
,
to
make
good
the
Charge
of
the
Commons
against
the
Lord
of
Strafford
,
in
point
of
High-Treason
.
The
main
Accusation
being
,
his
labouring
to
subvert
the
established
Laws
and
Government
,
and
instead
of
them
,
to
introduce
an
Arbitrary
and
Tyrannical
Power
.
THAT
this
laid
in
the
15th
Article
,
And
as
this
contributes
with
the
rest
in
proof
of
the
main
Charge
,
so
he
humbly
offered
,
that
this
Article
,
singly
and
individually
of
it self
,
contained
a
Charge
of
High
Treason
,
and
that
the
nature
of
the
offence
would
appear
in
the
proofs
of
the
Article
.
The
Article
is
first
general
,
That
he
did
traiterously
devise
,
to
subdue
the
Subjects
of
the
Realm
of
Ireland
,
by
force
of
Arms
,
in
a
Warlike
manner
,
under
his
tyrannical
Power
and
Will.
In
pursuance
of
these
things
that
are
charged
in
the
Article
;
the
first
they
said
,
they
would
pass
over
at
that
time
,
and
my
Lord
of
Strafford
also
had
notice
,
that
they
intended
to
wave
it
for
the
present
.
The
Second
is
,
that
9
March
12.
of
the
King
,
he
gave
a
Warrant
to
one
Savill
,
a
Sergeant
at
Arms
,
and
to
Captains
and
Soldiers
of
that
Kingdom
,
to
Quarter
on
the
Houses
and
Lands
of
such
,
as
would
not
conform
to
render
Obedience
to
his
Orders
,
such
number
of
Soldiers
,
as
the
Sergeant
at
Arms
should
think
fit
,
according
to
the
demerit
of
the
Delinquents
,
and
to
be
kept
there
,
until
they
made
submission
,
and
then
to
return
,
and
not
before
.
And
the
like
Warrants
were
issued
to
others
,
and
to
the
Subjects
of
that
Realm
,
who
were
forced
to
submit
to
his
illegal
Commands
,
and
this
is
charged
to
be
a
levying
of
War
against
the
King
,
and
his
People
.
Your
Lordships
may
please
to
remember
,
what
a
Power
my
Lord
of
Strafford
had
assumed
to
himself
from
the
Courts
of
Justice
established
by
Law
,
in
taking
to
himself
an
Arbitrary
Power
,
to
determine
Causes
on
Petitions
,
and
that
without
any
legal
Process
.
And
he
intended
to
himself
,
an
execution
of
these
Orders
in
this
manner
.
If
a
Petition
was
presented
,
First
a
signification
went
to
the
Party
,
that
he
should
satisfie
the
complaint
,
else
shew
cause
;
if
he
did
not
appear
,
then
there
went
a
Messenger
,
or
Pursivant
;
on
his
Affidavit
that
the
Party
was
not
found
(
as
well
he
might
not
be
found
)
then
an
Attachment
:
after
that
,
the
Sergeant
at
Arms.
This
Sergeant
at
Arms
had
always
with
him
a
Warrant
dormant
,
(
not
a
particular
Warrant
in
the
Case
complained
of
)
that
whensoever
he
should
have
an
Order
to
fetch
any
man
in
(
if
once
he
had
made
Affidavit
he
could
not
be
found
)
he
was
by
virtue
of
that
Warrant
,
to
repair
to
the
next
Garrison
,
and
there
to
take
such
numbers
of
Soldiers
,
as
he
thought
fit
,
and
quarter
them
on
the
House
of
the
Party
:
and
this
was
as
ordinarily
executed
,
as
any
powers
of
Law
in
legal
Cases
.
In
the
execution
of
this
,
the
Party
suffered
as
much
insolencie
,
as
is
incident
to
War
;
their
Catel
taken
,
their
Corn
thrash'd
out
,
their
growing
Corn
cut
,
their
Houses
burnt
,
and
some
exiled
,
and
forced
to
leave
their
Countrey
,
and
flie
to
remote
places
,
by
reason
of
their
Soldiers
insolencies
.
The
method
propounded
is
,
First
,
to
prove
the
Fact
:
then
to
observe
the
nature
of
the
offence
,
both
from
the
Stat.
of
25.
Edw.
3.
and
also
from
a
particular
Stat.
in
Ireland
18
H.
6.
whereby
the
Offendor
in
this
very
case
,
is
adjudged
to
be
a
Traytor
.
Mr.
Savil
the
Sergeant
at
Arms
produced
and
sworn
,
and
a
Copy
of
his
Warrant
offered
.
My
Lord
of
Strafford
excepted
against
the
reading
of
Mr.
Glyn
in
Answer
alledged
,
that
their
Lordships
had
over-ruled
it
in
Mr.
Savill
being
asked
what
was
become
of
the
Original
Warrant
?
He
answered
,
it
was
in
Ireland
,
he
not
expecting
any
question
about
this
business
,
but
this
was
the
Copy
of
it
,
and
under
his
own
My
Lord
of
Strafford
offered
to
their
Lordships
,
that
he
that
is
to
swear
it
to
be
a
true
Copy
,
is
the
man
,
that
(
if
a
fault
be
committed
)
is
in
fault
himself
as
much
as
any
,
for
he
is
the
man
that
executed
this
Treason
,
and
now
he
shall
swear
to
the
justifying
of
his
own
act
.
Mr.
Savill
being
(
on
my
Lord
of
Clares
Motion
)
Asked
,
How
they
came
by
the
Copy
?
He
Answered
,
He
knew
not
how
it
came
into
their
hands
.
But
,
Mr.
Palmer
added
,
Now
he
sees
it
in
our
hands
,
and
he
knows
it
:
Mr.
Savill
being
Asked
,
How
he
came
to
set
his
hand
to
the
Warrant
?
He
Answered
,
That
in
Ianuary
last
there
came
to
him
one
William
Somer
,
Secretary
to
my
Lord
Rainalaugh
,
and
told
him
;
Mr.
Sergeant
Savill
,
you
had
a
Warrant
to
Quarter
Soldiers
on
one
within
the
Town
of
Athlone
,
but
the
parties
were
Friends
,
and
you
removed
them
;
one
of
those
Soldiers
committing
Extortion
,
in
taking
away
two
Pewter
Dishes
,
and
is
to
be
Tried
at
our
next
sitting
;
and
,
unless
the
Soldier
have
a
Copy
of
your
Warrant
,
he
is
like
to
suffer
in
it
:
That
he
thereupon
Answered
,
He
could
not
deny
it
;
and
brought
the
Original
Warrant
,
and
being
a
good
Clerk
,
he
bad
him
Copy
it
out
.
He
sayes
,
he
desired
you
to
let
some
of
your
own
Men
do
it
,
and
I
will
give
him
for
his
pains
—
That
he
,
the
said
Mr.
Savill
,
did
thereupon
deliver
the
Original
Warrant
to
his
Servant
,
Edmond
Brumingham
,
as
he
remembers
,
who
Copied
it
out
.
That
Mr.
Somer
came
,
and
told
him
,
Here
is
a
Copy
:
That
he
asked
Mr.
Somer
,
Whether
he
had
examined
it
?
Yes
indeed
,
saith
he
,
it
is
a
true
Copy
:
That
upon
that
,
he
the
said
Mr.
Savill
delivered
this
to
Mr.
Somer
,
under
his
Hand
,
but
did
not
compare
it
himself
,
yet
is
confident
it
is
a
True
Copy
.
Mr.
Maynard
observed
,
That
they
Charged
a
Treason
in
an
Act
,
That
Here
my
Lord
of
Strafford
interposed
;
That
it
was
Charged
on
him
in
Robert
Savill
,
&c.
But
Mr.
Palmer
insisted
,
That
they
did
not
find
much
on
Reading
this
And
Mr.
Pym
added
;
That
they
could
not
wave
any
part
of
the
Evidence
,
and
therefore
prayed
it
might
be
read
.
Mr.
Savill
being
(
on
the
motion
of
the
Earl
Bath
)
Examined
,
Whether
this
was
the
occasion
of
his
coming
over
?
and
,
Whether
he
had
not
said
,
He
Answered
,
That
by
the
Oath
he
hath
taken
,
that
he
knew
nothing
of
it
,
till
the
night
he
came
to
the
City
:
That
he
had
not
said
,
He
had
brought
all
his
Warrants
;
for
he
had
none
;
and
should
have
spoken
an
Untruth
if
he
had
said
it
:
and
he
came
on
his
own
occasions
,
not
sent
for
.
Being
Asked
,
Whether
he
thought
in
his
Conscience
,
That
it
was
a
True
Copy
?
He
Answered
,
Yes
;
I
am
confident
;
for
the
Substance
of
it
.
To
Determine
the
Question
,
their
Lordships
resolved
to
Adjourn
to
the
House
above
.
Mr.
Palmer
desiring
it
might
be
Remembred
,
That
the
Copy
was
Signed
by
Savill's
Hand
;
That
Savill
was
the
Person
to
whom
the
Warrant
Their
Lordships
Adjourning
,
and
shortly
after
returning
:
The
Lord
Steward
Reported
their
Lordships
Resolution
,
viz.
That
their
Lordships
had
taken
into
consideration
this
Copy
,
and
thought
of
it
seriously
;
and
that
in
this
individual
Case
,
they
held
it
not
fit
to
be
read
,
because
it
was
not
Attested
:
And
that
their
Lordships
,
in
no
other
Case
since
the
Tryal
began
,
had
admitted
the
like
Copy
,
but
where
it
was
Attested
:
That
they
conceived
,
this
could
be
no
Impediment
,
or
failer
in
the
proceeding
,
because
the
truth
,
and
verity
of
it
would
depend
on
the
first
general
power
given
to
execute
it
,
which
they
that
manage
the
Evidence
for
the
Commons
,
say
,
they
can
prove
.
Mr.
Palmer
thereupon
Alleadged
,
That
they
would
apply
themselves
to
Paper
Petitions
,
either
in
case
they
have
not
appeared
,
or
after
appearance
,
did
not
render
obedience
.
Mr.
Savill
being
Asked
,
What
he
did
in
that
kind
?
and
,
What
Warrant
he
had
for
it
?
He
Answered
,
That
the
Warrant
,
by
Vertue
of
which
,
he
laid
Soldiers
on
several
Delinquents
Lands
,
was
delivered
to
him
by
my
Lords
Deputies
Secretary
,
Mr.
Edmonds
(
as
he
remembred
)
by
Virtue
of
which
Warrant
,
after
five
or
six
several
times
going
for
the
Delinquents
,
when
they
could
not
by
any
means
be
brought
in
,
he
did
(
according
to
my
Lord
Deputies
Command
,
make
use
of
his
Warrant
,
and
layed
Soldiers
on
them
till
they
had
submitted
themselves
:
And
,
that
the
Warrant
was
given
under
my
Lord
Deputies
Hand
.
Being
Asked
,
What
he
meant
by
Delinquents
?
He
Answered
,
thus
;
He
ever
observed
on
Complaints
made
to
his
Lordship
,
my
Lord
Issued
his
Command
;
This
Command
was
served
on
the
Party
Complained
of
;
And
,
on
Return
of
that
,
Oath
being
made
of
it
,
that
the
Party
gave
not
satisfaction
,
A
Warrant
was
Issued
to
the
Pursivant
;
On
the
Pursivants
return
(
he
not
meeting
with
the
Party
)
the
Party
possibly
absenting
himself
,
or
Rescued
out
of
the
Pursivants
hands
,
there
is
an
Oath
taken
by
the
Pursivant
,
a
Warrant
given
to
the
Sergeant
at
Armes
,
who
goes
in
Person
,
or
sends
his
Deputy
three
or
four
or
five
times
,
and
when
the
Party
cannot
be
got
,
then
he
lays
Soldiers
.
Being
Asked
,
What
he
meanes
by
laying
of
Soldiers
?
He
Answered
,
That
he
was
to
go
to
the
Captain
,
or
Chief
Officer
of
the
next
Company
,
or
Garrison
,
to
Complain
of
the
Party
he
calls
Delinquent
,
and
show
my
Lord
Deputies
Warrant
,
and
then
he
Commands
them
to
rise
with
such
a
number
,
as
he
shall
think
convenient
,
and
March
to
the
Party
Complained
of
,
in
whose
House
they
lie
,
till
they
receive
further
direction
.
Being
Asked
of
the
Questions
severally
.
He
Answered
;
That
it
was
by
a
General
Warrant
he
laid
Soldiers
on
Delinquents
,
and
that
he
had
a
particular
Warrant
first
,
but
when
that
was
disobeyed
,
he
used
this
General
one
,
that
the
Soldiers
might
not
March
but
with
an
Officer
;
That
he
did
never
see
those
Soldiers
go
on
Service
like
Naked
Men
,
but
they
had
such
Armes
as
were
fit
for
Soldiers
;
That
he
hath
seen
them
Armed
with
Muskets
,
Swords
,
and
such
furniture
.
That
they
have
meat
and
drink
from
the
Party
they
lie
on
,
though
(
for
his
own
part
)
he
had
never
Meales
Meat
from
him
.
Being
asked
,
Whether
they
lie
on
the
Parties
Lands
?
He
Answered
,
For
that
purpose
they
go
.
Being
Asked
,
On
how
many
several
Persons
he
had
done
it
?
and
,
Whether
it
was
ordinarily
done
?
He
Answered
,
That
he
had
done
it
on
several
occasions
;
and
that
he
was
afraid
that
sometimes
he
should
be
Complained
of
to
my
Lord
Deputy
,
in
not
putting
it
in
Execution
,
when
the
Parties
have
thought
he
the
Deponent
hath
been
favourable
without
cause
:
That
he
had
,
on
several
occasions
,
executed
his
Command
;
as
namely
,
he
caused
Soldiers
to
be
laid
on
one
Francis
Ditton
,
likewise
on
one
Conolly
,
and
on
Luke
Borne
,
as
he
takes
it
,
and
some
others
,
whereof
he
doth
not
remember
the
particulars
:
But
,
those
Men
could
not
be
brought
in
by
any
other
meanes
,
that
he
knew
.
Being
Asked
,
Whether
it
hath
been
done
ordinarily
on
all
occasions
,
and
on
Persons
of
Quality
as
well
as
others
?
He
Answered
,
That
when
he
had
my
Lord
Deputies
Warrant
in
a
general
way
,
he
never
made
any
difference
of
Persons
.
Being
Asked
,
Whether
by
Horse
or
Foot
?
He
Answered
,
Never
Horse
that
he
knew
of
,
unless
in
case
of
Necessity
,
when
no
Foot
was
to
be
had
near
them
;
And
,
that
was
but
once
.
Being
Asked
,
Whether
the
Number
was
left
to
his
discretion
,
or
a
certain
number
assigned
?
He
Answered
,
The
Warrant
sayes
,
he
shall
raise
so
many
,
as
shall
be
thought
fit
in
the
discretion
of
the
Sergeant
.
Being
Asked
,
Hath
this
been
Executed
on
several
parts
of
the
Kingdom
?
He
Answered
,
Yes
;
as
well
in
one
part
of
the
Kingdom
as
another
,
when
the
occasion
served
.
Being
asked
,
Whether
it
was
done
by
himself
only
,
or
another
?
He
Answered
,
There
was
none
but
himself
,
till
the
Lord
Deputy
,
for
the
better
Service
of
His
Majesty
,
was
pleased
to
direct
another
.
Being
Asked
,
Whether
my
Lord
Deputy
ever
spake
to
him
,
about
the
Complaints
made
of
him
?
He
Answered
,
Never
,
In
Good
Faith
;
and
he
thinks
my
Lord
will
clear
him
of
that
.
Being
Asked
,
Was
there
not
Complaints
made
of
his
showing
Favour
?
He
Answered
,
He
must
Confess
there
was
.
Being
Asked
,
What
he
said
on
that
occasion
?
He
Answered
,
sometimes
my
Lords
Secretary
would
demand
,
Why
he
would
not
put
the
Warrant
in
Execution
?
and
he
(
this
Deponent
)
would
say
,
They
were
poor
Men
:
but
,
it
never
came
to
my
Lords
hands
,
so
far
as
he
could
remember
.
Being
Asked
,
on
my
Lord
of
Straffords
Motion
,
What
number
of
Soldiers
he
commonly
laid
,
and
what
was
the
greatest
number
usually
?
He
Answered
,
That
the
greatest
number
was
Five
and
an
Officer
;
but
,
for
the
most
part
2
,
or
3
,
or
4
;
but
,
of
late
,
he
hath
heard
of
more
.
Being
Asked
,
Whether
another
had
not
a
Warrant
to
the
same
purpose
?
and
,
How
many
he
had
laid
?
He
Answered
,
He
never
saw
the
Warrant
;
but
,
he
hath
heard
he
hath
,
by
Vertue
of
such
a
Warrant
,
laid
Soldiers
,
but
he
knows
not
how
many
;
he
not
looking
to
the
actions
of
others
,
but
his
own
:
and
he
wished
it
had
all
layen
in
his
power
still
,
and
he
had
done
well
enough
.
Patrick
Gough
being
Asked
,
Whether
he
had
seen
such
a
Warrant
under
He
Answered
,
He
had
seen
a
Warrant
,
Signed
by
my
Lord
Wentworth
on
the
top
,
and
a
Seal
to
it
,
directed
to
the
Sergeant
Savill
,
to
the
same
purpose
:
that
an
Affidavit
made
to
him
of
the
absence
of
the
Contemptor
of
the
first
Warrant
,
he
might
lay
Soldiers
on
the
Land
;
And
that
he
made
search
for
it
,
and
saw
it
in
Secretary
Littles
Book
,
but
it
was
long
agoe
.
Being
Asked
,
What
he
knew
of
the
Execution
of
this
Warrant
?
Upon
whom
?
How
many
?
and
,
Upon
what
Occasion
?
He
Answered
,
It
was
a
constant
course
,
on
a
Command
,
and
Affidavit
made
of
serving
a
Warrant
,
to
the
Pursivant
,
on
the
Parties
failing
,
an
Attachment
was
granted
to
the
Sergeant
,
and
a
Dormant
Warrant
,
that
on
his
not
finding
him
,
he
might
lay
Soldiers
on
the
Land
;
This
was
constantly
practised
during
my
Lords
Government
,
as
he
obsered
;
And
particularly
,
upon
one
Richard
Butler
in
the
County
of
Typerary
last
Summer
:
And
,
no
other
cause
could
he
learn
or
know
,
but
not
giving
obedience
to
my
Lord
of
Straffords
Orders
,
The
Original
Contempt
.
Being
Interrogated
,
What
Insolencies
he
had
known
committed
by
Soldiers
in
this
Case
?
He
Answered
,
That
he
had
heard
,
Soldiers
were
left
on
one
Bernes
Land
,
and
they
took
other
Mens
Cattel
that
Grazed
on
the
Lands
,
and
killed
them
,
and
burnt
part
of
the
House
(
as
he
was
told
)
and
broke
up
the
Hutches
where
he
had
his
Corn
,
and
sent
it
to
the
next
Market-Town
to
buy
Beer
for
them
.
Being
Asked
(
on
my
Lord
of
Straffords
Motion
)
Whether
in
his
Warrant
any
Command
was
given
to
take
other
Mens
Goods
?
He
Answered
,
He
believed
no
such
word
was
exprest
in
the
Warrant
.
Being
Asked
,
Whether
there
was
not
Authority
to
lay
Soldiers
?
and
,
What
was
meant
by
laying
of
Soldiers
?
He
Answered
,
The
Warrant
Imports
,
That
,
on
their
Default
,
or
Absence
,
the
Sergeant
at
Armes
may
lay
Soldiers
on
the
Land
,
there
to
lye
to
feed
on
the
Contemptors
Goods
,
and
live
there
till
he
surrender
his
Body
to
the
Sergeant
at
Armes
.
Then
the
Sergeant
gives
notice
to
the
Soldiers
,
that
the
Party
is
come
in
,
and
they
go
to
their
Garrison
.
Richard
Welsh
Sworn
:
Being
Interrogated
,
Whether
he
had
seen
a
Warrant
He
Answered
,
That
he
had
seen
my
Lord
Deputies
Hand
Signed
(
if
it
was
his
Hand
)
Wentworth
:
as
he
had
seen
it
to
many
Orders
,
being
very
well
acquainted
with
his
Hand
:
That
he
had
seen
his
Hand
to
such
a
Warrant
;
that
the
Man
that
showed
him
the
Warrant
,
was
one
of
my
Lord
Deputies
Troopers
(
by
name
Patrick
Brady
,
who
told
him
)
he
was
going
to
fetch
Soldiers
by
direction
of
Sergeant
Savill
,
to
lay
on
one
Francis
Dillon
,
who
was
in
Contempt
at
this
Bradyes
own
Suite
:
That
the
occasion
he
showed
him
it
,
was
;
That
Brady
was
Indebted
to
him
(
the
Deponent
)
and
he
(
the
Deponent
)
intending
to
Petition
my
Lord
against
him
,
Brady
desired
him
to
forbear
it
,
for
he
had
a
good
way
to
get
Money
,
and
shewed
him
the
Warrant
;
he
(
the
Deponent
)
saw
it
under
my
Lord
Deputies
Hand
and
Seal
.
Being
Asked
,
What
was
the
Suit
?
He
said
,
The
Suit
was
on
a
Paper-Petition
;
for
(
as
he
remembers
)
100
l.
and
so
Dillon
falling
into
Contempt
,
a
Warrant
was
issued
to
the
Pursivant
,
and
so
,
according
to
the
practice
,
the
Soldiers
were
laid
on
him
.
Being
Asked
,
What
was
the
effect
of
the
Warrant
under
my
Lord
Deputies
Hand
?
He
Answered
,
That
the
effect
of
the
Warrant
was
,
That
the
Sergeant
at
Armes
should
bring
upon
the
Delinquents
(
such
as
was
incontempt
)
out
of
the
next
Garrison
,
Soldiers
,
with
an
Officer
,
and
lay
them
on
the
Delinquents
Lands
,
till
he
had
rendered
his
Body
.
Patrick
Cleare
Sworn
:
was
Interrogated
,
What
Execution
he
knew
of
my
Lord
of
Straffords
Warrant
,
to
lay
Soldiers
?
He
Answered
,
That
he
had
seen
no
Execution
done
:
but
,
he
had
a
Letter
sent
out
of
the
Countrey
,
by
a
Gentlewomans
Son
,
and
she
desired
him
(
the
Deponent
)
to
Petition
,
To
have
Soldiers
that
were
laid
on
her
Land
discharged
,
it
being
onely
for
a
Contempt
,
in
not
Appearing
.
That
he
got
a
Copy
of
the
Petition
,
her
Name
being
Agnes
White
,
and
therein
she
Petition'd
my
Lord
of
Strafford
to
have
them
discharged
;
and
said
,
she
was
very
old
,
and
would
die
,
if
she
submitted
her self
to
any
Sergeant
at
Armes
.
The
Order
was
,
That
upon
an
Affidavit
he
would
give
other
Direction
.
The
Son
made
Affidavit
,
that
she
was
80
years
old
:
On
that
,
an
Order
was
made
,
requiring
Sergeant
Savill
to
take
off
the
Soldiers
,
and
trouble
her
no
more
,
she
paying
him
his
Fees
.
And
he
knew
further
,
That
Sergeant
Pigott
having
an
Attachment
against
Iohn
Barrow
,
who
was
gone
away
,
by
reason
of
certain
Cruelties
,
sent
after
him
,
by
Secretary
Little
,
who
threatned
to
put
Soldiers
on
him
,
if
he
came
not
to
compound
with
him
for
his
Fees
.
Being
Asked
,
How
far
the
old
woman
lived
from
Dublin
?
He
Answered
,
In
the
County
of
Kilkenny
,
40
or
50
Miles
from
Dublin
,
and
this
was
four
years
ago
.
Being
Interrogated
,
What
the
Contempt
was
?
He
Answered
,
That
the
Petitioner
said
,
He
was
dammaged
500
l.
by
not
performing
Covenants
;
so
she
was
commanded
to
pay
500
l.
or
else
to
shew
cause
to
the
contrary
:
She
was
an
old
woman
,
alwayes
on
her
Bed
,
and
did
not
appear
,
not
knowing
what
belonged
to
Law
.
Affidavit
being
made
,
That
she
appeared
not
,
nor
gave
satisfaction
,
an
Attachment
issued
to
the
Pursivant
;
The
Pursivant
could
not
find
her
,
on
Affidavit
.
The
Sergeant
at
Armes
goes
for
her
,
and
,
not
finding
her
,
the
first
or
second
time
;
he
layes
Soldiers
on
her
:
And
there
they
remained
eating
and
drinking
three
or
four
weeks
,
till
he
got
them
discharged
.
And
he
heard
by
the
Sergeant
at
Armes
,
that
this
was
very
usually
and
ordinarily
done
.
Being
Asked
,
If
Pigott
had
such
a
Warrant
?
He
Answered
,
He
did
not
see
the
Warrant
,
but
Pigott
himself
said
,
He
would
lay
Soldiers
on
Barrow
,
if
he
did
not
submit
and
pay
Fees
.
Nicholas
Ardah
Sworn
:
Being
required
to
deliver
what
he
knew
concerning
He
Answered
,
That
he
had
heard
of
many
,
but
never
saw
any
but
one
,
which
was
in
the
City
of
Dublin
;
One
Tho.
Cusacke
of
Dublin
was
seized
by
Sergeant
Savill
,
with
Corporal
Hamond
,
and
some
others
of
my
Lord
Lieutenants
Troops
,
for
not
obeying
an
Order
within
these
two
years
and
a
half
:
That
he
saw
the
Horse
,
and
the
Pistols
at
their
Sadles
;
there
were
two
or
three
as
he
takes
it
.
Being
Asked
in
what
Case
it
was
?
He
Answered
,
A
Merchant
of
Manchester
,
trusted
with
Money
,
or
Commodities
,
and
being
not
able
to
pay
him
,
he
sued
him
,
and
so
far
,
that
he
got
a
Warrant
;
and
this
was
before
my
Lord
Deputy
,
on
a
Paper-Petition
.
Being
Asked
,
How
long
the
Soldiers
remained
there
?
He
Answered
,
some
three
or
four
dayes
,
till
the
Man
surrendred
himself
to
the
Sergeant
at
Armes
.
Edmond
Berne
being
Sworn
,
and
Interrogated
,
How
many
Soldiers
were
laid
upon
himself
,
by
vertue
of
this
Warrant
?
and
,
For
what
cause
?
He
,
in
his
several
Answers
,
Deposed
,
That
there
came
to
his
House
Ten
of
my
Lord
Deputies
own
Foot-guard
,
and
an
Officer
,
in
the
County
of
Wicklowe
in
Ireland
,
in
the
Bernes
Countrey
,
12
Miles
from
Dublin
;
That
it
was
on
the
17th
or
18th
of
October
,
1639
,
and
they
came
on
his
Land
,
under
colour
of
a
Contempt
,
and
there
lay
15
dayes
:
In
which
time
,
they
consumed
and
devoured
all
his
Goods
and
Chattels
they
found
at
that
time
:
They
Thrasht
out
three
Ricks
of
Corn
;
one
of
Wheat
,
one
of
Rye
,
the
other
of
Oates
,
which
were
very
well
worth
50
l.
at
the
least
:
After
they
had
Thrashed
this
Corn
,
and
devoured
the
Victuals
they
found
in
the
house
and
about
the
house
,
they
sent
some
of
this
Corn
to
a
Market-Town
within
three
Miles
,
called
Bray
,
and
that
they
sold
for
Tobacco
,
Aquavitae
,
some
Beer
,
and
Victuals
for
themselves
:
And
they
would
not
be
content
with
this
,
to
satisfie
themselves
on
his
Goods
,
but
they
must
bring
in
the
Women
of
the
Town
,
and
made
the
Women
drink
,
and
offered
to
Ravish
them
,
but
that
some
of
the
Town
came
in
to
Rescue
them
:
That
after
they
had
consumed
all
his
Goods
,
they
broke
up
his
Tenants
doors
,
killed
their
Geese
,
their
Hens
,
and
destroyed
their
Victuals
;
and
when
they
had
destroyed
all
his
Tenants
Goods
,
they
came
on
the
Town-people
which
were
not
his
Tenants
,
and
broke
open
their
doors
,
and
struck
them
,
and
eat
their
Victuals
,
and
killed
their
Geese
and
Hens
;
and
after
they
came
to
his
Tenant
,
one
Timothy
Wells
,
they
came
on
his
Land
,
and
understanding
he
was
his
Tenant
,
they
took
away
40
English
Sheep
,
and
brought
them
to
his
house
,
and
there
,
that
night
,
they
killed
two
of
them
:
That
his
Tenant
understanding
them
to
be
there
,
referred
himself
to
the
Lord
Chief
Justice
of
Ireland
then
,
and
Petitioned
,
to
this
purpose
,
that
is
,
my
Lord
Dillon
,
and
Sir
Christopher
Wainsford
,
that
Mr.
Wells
,
which
was
his
Tenant
,
had
an
Order
to
take
away
his
Sheep
from
the
Soldiers
:
and
then
the
Soldiers
Reply'd
,
That
since
he
had
got
an
Order
to
take
away
his
Sheep
,
they
were
sorry
they
did
not
kill
more
of
them
:
That
they
were
not
content
to
have
Wood
(
which
was
for
his
the
Deponents
own
fuell
,
and
to
destroy
that
)
but
they
burnt
his
Partitions
,
his
very
House-door
,
sold
his
Trunck
,
his
Bedsteads
,
his
Dining-Table
,
and
all
they
could
light
on
in
his
house
;
that
after
this
time
,
he
was
not
able
to
keep
house
,
but
left
his
Wife
and
Children
to
the
courtesie
of
his
friends
,
and
was
fain
to
flie
his
Countrey
,
and
to
serve
in
the
Low
Countreys
as
a
Soldier
;
that
he
may
very
well
take
it
on
his
oath
,
that
this
loss
was
at
least
500
l.
out
of
his
way
,
for
he
was
not
able
to
sow
the
Fallowes
,
and
was
fain
to
break
up
House
and
Home
,
and
was
never
able
to
keep
House
since
.
That
this
was
upon
colour
of
a
contempt
,
upon
a
Petition
preferred
against
him
to
my
Lord
Deputy
,
by
Mr.
Thomas
Archibald
for
a
pretended
debt
of
a
matter
of
Ten
pounds
,
and
these
Soldiers
were
armed
with
Swords
,
Musquets
,
and
Halbeards
some
of
them
.
Being
Interrogated
(
on
my
Lord
of
Strafford's
motion
)
whether
he
the
Lord
Strafford
was
then
in
Ireland
?
He
Answered
,
That
before
the
Soldiers
came
on
his
Land
,
my
Lord
Deputy
came
to
England
.
But
Mr.
Palmer
observed
,
that
the
Warrant
was
from
my
Lord
Deputy
,
and
Mr.
Palmer
added
,
that
all
will
refer
to
the
time
of
the
Warrant
Being
asked
,
what
Warrant
was
shewed
for
laying
on
these
numbers
of
Foot
?
He
Answered
,
That
he
durst
not
come
in
their
sight
.
But
Mr.
Maynard
observed
,
that
this
was
one
of
the
men
Savill
did
lay
Being
asked
,
whether
the
Debt
might
not
have
been
compounded
for
5
l.
and
why
he
would
not
rather
pay
5
l.
than
suffer
prejudice
to
500
l
?
He
Answered
to
the
First
,
Yes
.
To
the
Second
,
That
he
conceived
the
Debt
not
lawfully
due
.
Mr.
Robert
Kennedy
being
Sworn
and
Interrogated
,
what
he
knew
of
He
Answered
,
That
one
Archibald
preferred
a
Petition
against
Berne
,
for
a
pretended
Debt
to
my
Lord
Lieutenant
,
and
(
as
his
usual
course
was
)
his
Lordship
would
referr
the
matter
to
the
two
next
Justices
of
Peace
uninteressed
,
and
they
to
determine
the
matter
by
consent
,
if
they
could
;
else
to
certify
that
the
party
bringing
the
Petition
to
him
,
the
Deponent
desired
him
to
draw
the
Warrant
according
to
my
Lord-Lieutenants
Order
.
They
sent
a
Warrant
for
Berne
,
who
appearing
,
they
examined
the
business
,
and
it
was
so
trivial
,
that
he
the
Deponent
,
desired
them
to
compound
it
.
Berne
stood
on
it
,
that
the
Plaintiff
ought
to
have
none
,
and
would
pay
him
none
.
They
certified
my
Lord
Lieutenant
.
After
this
Certificate
,
he
(
the
Deponent
)
heard
not
of
it
,
till
he
heard
that
Soldiers
came
to
this
Gentlemans
Land
,
and
hearing
of
it
,
and
that
some
Tenants
of
his
the
Deponents
were
wronged
by
it
;
he
came
thither
,
and
some
of
them
he
knew
,
and
asking
by
what
authority
they
were
there
?
We
come
(
say
they
)
by
Warrant
of
the
Sergeant
at
Arms
Mr.
Pigott
,
That
the
Deponent
thereupon
said
.
Mr.
Pigott
hath
no
Warrant
;
Yes
,
say
they
,
my
Lord
Lieutenants
,
and
he
directed
us
not
to
leave
,
till
Berne
delivered
his
Body
for
a
contempt
.
That
he
the
Deponent
Answered
,
Though
you
have
a
Warrant
for
lying
on
his
Land
,
you
have
no
Warrant
to
destroy
his
Goods
,
for
they
were
selling
his
Corn
,
and
loaded
the
Horses
that
went
through
the
Town
.
That
there
was
to
the
number
of
8
or
12
of
my
Lords
Guard
,
armed
with
Pikes
,
and
Guns
,
and
Swords
.
But
my
Lord
of
Strafford
he
thinks
was
not
then
in
Ireland
,
he
was
newly
gone
.
Being
asked
(
on
my
Lord
of
Strafford's
motion
)
whether
he
saw
the
Warrant
under
Pigotts
hand
?
He
Answered
,
He
did
not
,
but
the
Soldiers
told
him
,
Pigott
laid
them
on
the
Land
,
by
virtue
of
my
Lord
Deputies
Warrant
.
Being
asked
,
how
long
Pigott
had
been
a
Sergeant
?
He
Answered
,
About
Ten
years
.
And
whether
there
was
any
more
than
two
?
He
Answered
,
No
more
that
attended
the
State
;
and
Mr.
Kenneday
,
added
,
that
he
wondred
at
the
course
,
for
he
never
heard
of
any
such
course
before
my
Lord
of
Straffords
time
.
Mr.
Palmer
here
observed
,
that
they
were
my
Lord
Deputies
own
Guard
,
which
could
not
be
but
originally
from
him
.
Mr.
Robert
Little
,
my
Lord
of
Straffords
Secretary
being
sworn
,
was
interrogated
several
questions
,
viz.
Whether
he
had
made
out
any
Warrant
He
Answered
,
That
he
doth
not
know
that
Pigott
hath
any
such
Warrant
;
nor
doth
he
remember
any
such
Warrant
passed
the
Office
if
it
did
,
it
was
by
Precedents
of
former
times
,
but
in
good
faith
,
he
doth
not
remember
it
.
Whether
he
made
any
such
Warrant
to
Pigott
to
his
knowledge
?
Answered
,
That
he
never
made
any
,
or
heard
of
any
,
nor
knew
of
any
.
Was
one
made
to
Savill
?
Answer
,
He
never
made
that
to
Savill
,
and
he
cannot
tell
whether
there
was
one
to
Savill
,
or
not
?
Was
there
an
Entrie
of
any
Warrant
in
his
Book
to
that
purpose
?
Answer
,
That
he
did
not
enter
them
at
any
time
,
nor
did
he
ever
see
any
such
Entrie
or
Warrant
.
Mr.
Palmer
inferred
from
hence
,
That
he
said
the
same
for
Savill
that
he
And
Mr.
Maynard
,
observed
,
he
swears
that
he
never
made
any
such
But
my
Lord
of
Strafford
Answered
,
That
if
any
says
he
cannot
tell
,
't
is
Lord
Ranalaugh
being
Interrogated
,
what
he
knew
of
this
Warrant
,
of
Rana
.
laugh
.
laying
of
Soldiers
,
upon
whom
?
and
how
long
?
His
Lordship
Answered
,
That
he
had
heard
something
of
it
heretofore
,
but
more
particularly
in
November
last
,
when
being
at
the
Council-Board
,
a
Petition
was
preferred
to
the
then
Lord
Deputy
and
Council
,
by
one
Davis
,
who
dwelt
in
the
County
of
Clare
;
and
by
his
Petition
he
set
forth
,
That
notwithstanding
on
a
Reference
from
my
Lord
Deputy
to
the
Judges
of
Assizes
,
he
had
obtained
a
Report
from
him
;
yet
by
combination
betwixt
his
Adversary
and
the
Sergeant
,
he
had
Soldiers
laid
on
him
,
which
made
him
leave
his
Dwelling
:
That
he
the
(
said
Lord
Ranalaugh
)
asked
the
party
,
how
the
Sergeants
came
to
lay
Soldiers
?
Yes
saith
he
,
My
Lord
Deputy
Wansford
hath
made
a
Warrant
dormant
,
and
taken
a
course
for
it
from
my
Lord
Lieutenant
,
and
from
himself
,
(
as
he
the
Lord
Ranalaugh
takes
it
)
tho
positively
he
could
say
,
that
the
Warrant
Dormant
was
the
general
Cause
.
Being
asked
whether
it
had
been
used
before
,
or
if
it
be
an
Innovation
?
He
Answered
,
That
he
knew
a
custome
hath
been
in
Ireland
,
for
laying
Soldiers
on
the
relievers
of
Rebels
,
and
for
laying
of
Contribution-money
,
in
case
of
Delinquency
,
or
not
payment
;
Or
where
a
return
was
made
by
the
Sheriff
,
that
the
Kings
Rents
did
not
come
in
,
these
Rents
being
applyed
to
the
payment
of
the
Army
.
The
course
before
my
Lord
of
Strafford's
coming
was
,
That
Soldiers
were
laid
to
constrain
such
,
but
in
a
civil
cause
between
party
and
party
,
he
never
heard
of
it
before
in
his
life
.
Being
asked
(
on
my
Lord
of
Strafford's
motion
)
whether
(
he
the
Lord
Ranalaugh
was
not
a
Captain
of
the
Army
before
the
Lord
of
Strafford
came
,
and
whether
he
had
not
Commission
by
Soldiers
,
to
levy
part
of
the
money
due
to
him
,
from
the
Deputy
and
Vice-Treasurer
?
He
Answered
,
That
before
my
Lord-Deputy
came
into
Ireland
,
the
course
was
,
as
he
formerly
touched
,
that
where
there
was
arrear
of
Rents
to
the
King
,
and
these
Rents
did
not
come
in
to
the
Exchequer
,
then
was
assigned
for
the
payment
of
the
King's
Soldiers
,
and
the
Acquittances
delivered
to
the
Captains
,
on
part
of
their
entertainment
:
and
this
Acquittance
out
of
the
Exchequer
was
given
by
a
special
Warrant
from
the
Deputy
,
and
according
to
that
course
,
his
(
the
Deputies
method
)
was
with
other
Captains
,
and
thus
he
levied
the
Rent
by
his
own
Soldiers
,
by
virtue
of
that
Warrant
.
Being
asked
when
the
Money
was
Assessed
thus
on
Countreys
,
was
it
not
by
consent
of
the
Countrey
?
He
Answered
,
(
That
if
he
hath
not
forgotten
)
when
the
Gentlemen
of
Ireland
were
here
1628.
they
were
suitors
to
the
King
for
several
Graces
,
and
they
obtained
several
of
them
from
His
Majesty
:
among
the
rest
(
if
he
hath
not
forgotten
)
that
in
case
of
non-payment
of
Rents
or
Contribution
,
Soldiers
might
go
,
and
lye
upon
the
Defaulters
,
Mr.
Palmer
observed
,
that
when
he
speaks
of
Contribution
or
Rent
,
he
speaks
not
of
this
course
,
to
compell
to
obedience
on
Paper-Petitions
.
A
levying
of
War
against
our
Sovereign
Lord
the
King
within
His
Realm
.
which
is
nominally
Treason
in
that
Statute
,
and
shortly
for
this
reason
.
The
King
being
invested
with
His
Sovereign
Power
,
whereby
they
are
protected
,
but
this
Power
being
(
instead
of
Protection
)
used
by
his
Ministers
to
the
subversion
and
destruction
of
His
Subjects
,
doth
on
the
matter
,
make
an
Invocation
on
the
King
himself
,
this
being
a
bereaving
the
subjects
of
the
Law
by
which
they
should
live
;
dispossessing
them
by
force
of
Arms
,
in
warlike
manner
,
must
be
a
war
against
himself
,
That
Law
is
of
force
in
Ireland
,
by
10
H.
7.
whereby
all
the
Laws
made
before
that
time
,
were
made
of
force
there
.
And
by
a
particular
Statute
made
the
18.
H.
6.
this
very
offence
of
Sessing
Soldiers
by
Lords
,
or
any
others
,
or
any
the
Kings
people
without
their
consent
,
is
adjudged
Treason
,
and
the
Offender
is
to
be
judged
a
Traitor
.
The
Statute
was
read
.
Statutes
and
Ordinances
made
in
a
Parliament
,
holden
at
Dublin
18
H.
6.
ch.
3.
AN
Act
that
no
Lord
or
others
,
shall
charge
the
Kings
Subjects
with
Horse
,
Horsemen
,
or
Footmen
,
without
their
good
Will
,
and
by
so
doing
,
the
Offender
is
a
Traitor
.
IT
is
agreed
and
established
,
that
no
Lord
,
or
any
other
,
of
what
condition
soever
he
be
,
shall
bring
or
lead
from
henceforth
Hoblers
,
Kern
,
or
Hooded
men
,
neither
English
Rebels
,
nor
Irish
Enemies
,
nor
any
other
people
,
nor
Horse
to
lye
on
Horseback
,
or
Foot
to
lye
on
the
Kings
people
,
but
on
their
own
cost
,
without
consent
.
And
if
any
so
do
,
he
shall
be
adjudged
as
a
Traitor
.
Mr.
Palmer
concluded
that
this
hath
been
done
,
and
how
their
Lordships
have
heard
that
this
hath
been
done
by
Soldiers
that
profess
hostility
,
brought
from
Garrisons
,
(
the
places
of
War
)
in
great
numbers
,
and
My
Lord
of
Strafford
desired
their
Lordships
would
be
pleased
,
to
give
him
liberty
to
look
over
his
Notes
,
and
he
doubted
not
but
to
give
their
Lordships
a
very
clear
satisfaction
,
by
the
help
of
Almighty
God
.
After
a
little
respite
;
his
Lordship
began
his
Defence
in
substance
as
followeth
.
And
First
,
He
desired
their
Lordships
would
please
to
remember
,
that
if
he
proved
That
the
other
day
he
read
to
their
Lordships
,
out
of
Sir
Edward
Cook
's
Book
,
that
the
Customs
of
Ireland
are
in
many
things
different
from
the
Customs
of
England
:
That
for
the
things
done
in
Ireland
,
he
conceived
he
was
to
be
judged
by
the
Laws
and
Customs
of
Ireland
,
and
not
by
the
Laws
and
Customs
of
this
Kingdom
;
and
that
his
Commission
was
to
execue
the
place
of
Deputy
,
according
to
the
Laws
and
Customs
of
that
Kingdom
.
That
what
hath
been
opened
to
their
Lordships
to
be
so
extraordinary
,
he
must
justifie
as
very
ordinary
,
frequent
,
and
usually
exercised
by
the
Customs
of
that
Kingdom
:
That
in
all
times
the
Army
of
Ireland
,
and
the
Officers
and
Soldiers
of
it
,
have
been
the
chief
hands
in
executing
all
the
Justice
of
the
Kingdom
,
and
of
bringing
that
due
obedience
to
the
Kings
authority
,
that
's
necessary
,
and
fit
,
and
due
.
That
if
they
had
not
been
so
used
,
he
thinks
(
those
who
know
the
State
of
Ireland
will
acknowledge
)
the
King's
Writs
had
never
run
in
Ireland
,
they
being
all
executed
by
their
Power
and
Assistance
.
First
,
his
Lordship
undertook
to
make
it
appear
,
that
(
in
case
of
bringing
in
Rebels
and
Offendors
of
that
nature
,
and
forcing
them
to
come
in
)
it
had
been
the
ordinary
practice
of
the
Deputy
and
Council
,
before
his
time
,
to
Assess
Soldiers
,
not
only
on
the
party
,
but
the
kindred
of
the
partys
,
till
the
party
be
brought
in
,
and
yet
it
is
no
levying
of
War
for
all
that
.
And
because
his
Lordship
heard
much
speaking
of
Rebels
and
Traitors
,
he
desired
to
represent
to
their
Lordships
,
what
they
be
(
viz.
)
a
company
of
petit
loose
fellows
that
would
be
here
apprehended
by
a
Constable
.
Lord
Robert
Dillon
was
called
for
,
and
my
Lord
of
Strafford
desired
he
Here
Mr.
Palmer
interposed
,
that
for
saving
of
time
,
if
my
Lord
makes
this
the
Case
,
that
Soldiers
have
been
laid
upon
the
Septs
of
Traitors
or
Eliz.
If
any
lye
out
as
Traitors
,
or
Rebels
,
five
of
the
Sept
that
bears
the
Surname
,
shall
be
Fined
at
the
Council-Chamber
,
but
not
have
Soldiers
laid
on
them
;
and
against
a
Statute
there
can
be
no
Usuage
.
To
which
my
Lord
of
Strafford
answered
,
And
these
are
but
ordinary
Robert
Lord
Dillon
being
asked
,
whether
ordinary
fellows
in
Ireland
,
passed
not
under
the
name
of
Rebels
?
His
Lordship
Answered
,
That
touching
this
point
he
hath
observed
,
that
when
a
party
hath
committed
some
Felony
,
or
unjustifiable
Sir
Arthur
Tyrringham
being
asked
,
whether
of
his
knowledge
the
Deputies
He
Answered
,
That
it
hath
been
the
ordinary
practice
ever
since
he
knew
that
Kingdom
,
since
my
Lord
of
Faulklands
being
Deputy
there
,
and
hath
been
ever
practised
there
,
both
by
him
,
and
the
Justices
that
came
after
him
:
That
ordinary
fellows
be
commonly
reputed
Rebels
,
with
this
observation
.
It
is
true
,
That
every
man
is
not
a
Rebel
,
at
his
first
going
out
,
though
he
be
called
so
;
but
the
course
is
first
to
proclaim
them
,
and
if
they
be
not
ameneable
to
Law
,
they
be
Rebels
,
and
so
they
may
be
for
Felonies
of
a
very
small
value
.
To
prove
that
most
of
the
Kings
Rents
,
as
well
Exchequer
Rents
,
as
Composition
Rents
,
have
been
levied
by
Soldiers
in
all
the
times
of
my
Lord
of
Cork
.
My
Lord
of
Strafford
desired
.
Iohn
Conley
might
be
called
for
;
who
being
examined
,
how
long
since
he
hath
been
in
Ireland
:
and
whether
in
his
time
the
Rents
were
not
col
lected
by
the
Soldiers
and
Officers
of
the
Army
?
He
Answered
to
the
First
,
15
years
.
To
the
Second
,
That
he
remembers
Henry
Dillon
was
called
,
And
First
my
Lord
of
Strafford
desired
liberty
Henry
Dillon
being
asked
,
Whether
he
knew
not
that
the
Exchequer
and
Composition
Rents
,
upon
failing
of
payment
,
have
been
levied
by
the
Army
,
on
the
appointment
of
the
Deputy
,
or
chief
Governor
?
He
Answered
,
That
he
had
known
several
Acquittances
put
into
the
hands
of
Sir
Thomas
Dutton
,
for
Rents
due
on
certain
parcels
of
Land
in
the
County
of
Longford
,
that
were
not
paid
into
the
Exchequer
by
a
certain
time
,
for
which
a-fore-time
,
Pursivants
issued
out
against
the
Tenants
;
that
himself
was
one
of
the
Tenants
,
and
being
out
of
Town
,
Sir
Thomas
Dillon
seized
three
of
his
Horses
,
at
his
the
said
Dillons
House
,
and
there
they
remained
till
he
came
to
Town
for
13
s.
4
d.
This
being
in
the
time
of
my
Lord
of
Corke
and
my
Lord
of
Ely
being
Justices
.
Being
asked
,
as
to
the
Contribution
and
Composition-Rents
?
He
Answered
,
That
some
years
before
that
,
in
my
Lord
Faulklands
time
when
he
lived
in
the
County
of
Longford
,
that
were
not
paid
,
he
remembers
30000
l.
was
granted
on
the
coming
of
Sir
Iohn
B.
—
into
the
Kingdom
of
Ireland
,
and
afterwards
,
Sixscore
thousand
pound
toward
,
maintaining
of
the
Kings
Army
,
and
there
was
a
Troop
of
Horse
of
Sir
Robert
—
sent
into
the
County
of
—
But
he
knows
not
whether
this
be
the
Money
called
Contribution-Money
;
That
he
was
then
Sheriff
of
that
County
,
and
had
direction
sent
to
Sesse
the
Soldiers
on
them
that
refused
to
pay
the
Money
.
That
at
that
time
he
conceived
that
was
not
so
fully
understood
by
the
Countrey
,
that
they
should
have
paid
it
,
and
himself
and
others
did
except
against
it
;
conceiving
the
Money
was
not
granted
farther
,
than
as
they
would
willingly
pay
.
And
Valerian
—
on
the
Statute
urged
,
of
assessing
Soldiers
,
refused
to
Assess
Soldiers
on
the
Warrant
of
my
Lord
of
Faulkland
;
and
thereon
was
sent
for
to
the
Castle
,
the
Soldiers
sent
to
his
house
and
remained
there
,
as
long
as
he
had
Provision
;
and
after
that
,
from
his
house
they
were
assessed
on
several
Delinquents
,
as
the
Soldiers
pleased
to
Billet
themselves
;
and
the
Foot-Company
of
Sir
Arthur
Tyrringham
was
then
in
that
County
.
And
one
night
he
remembers
,
25
were
Assessed
on
his
own
house
,
because
he
did
not
pay
the
Money
:
but
he
remembers
not
any
thing
of
the
Composition-Rents
.
Being
asked
whether
he
had
not
seen
a
Warrant
to
this
purpose
,
subscribed
by
the
Chief
Governor
?
He
Answered
,
That
being
Sheriff
of
the
County
of
Longford
in
1634.
or
1633.
there
were
Warrants
directed
from
my
Lord
of
Cork
,
and
my
Lord
Chancellor
,
and
he
thinks
under
the
hands
of
the
rest
of
the
Lords
of
the
Board
,
for
levying
Moneys
allotted
to
the
Soldiers
,
and
he
had
three
Warrants
himself
,
and
by
virtue
thereof
levied
Money
,
and
paid
the
Money
to
the
Troops
there
,
under
the
hands
of
my
Lord
of
Cork
,
and
Lord
of
Ely
,
and
the
Council
.
Sir
Arthur
Tyrringham
being
asked
whether
he
had
not
received
Order
,
He
Answered
,
That
he
had
;
And
the
Sheriff
of
the
County
brought
the
Warrant
from
my
Lord
of
Faulkland
,
to
lay
some
of
his
Men
on
a
Debtor
there
,
till
he
paid
the
debt
;
;
That
these
Soldiers
were
laid
,
being
under
his
command
,
and
stayed
till
the
Debt
was
paid
,
at
the
charge
of
the
party
;
and
he
tells
this
particular
in
it
,
that
makes
him
remember
the
whole
circumstance
:
The
debt
was
very
small
,
not
above
16
or
20
s.
The
Sheriff
bringing
him
this
Warrant
,
he
did
not
a
little
wonder
at
the
matter
,
to
require
Soldiers
for
levying
such
a
sum
.
But
it
was
then
so
ordinary
and
frequent
,
that
it
was
seldom
denied
on
any
reasonable
occasion
:
the
Men
stayed
there
some
8
or
10
days
,
when
the
party
had
enough
,
he
sends
to
him
the
said
Arthur
,
to
recall
the
men
;
that
he
told
him
he
would
,
if
he
the
said
party
had
satisfied
the
Money
;
the
party
answered
,
he
had
not
yet
,
but
he
would
;
that
he
the
said
Sir
Arthur
told
him
,
what
a
strange
man
are
you
,
that
will
keep
a
charge
on
your self
?
where
,
if
you
had
paid
it
the
first
hour
,
I
would
have
withdrawn
the
Men.
Why
,
sayes
he
?
I
do
not
care
for
giving
half
a
score
Men
a
Meales
Meat
.
Being
Asked
(
on
Mr.
Palmers
motion
)
Whether
it
was
a
Debt
between
party
and
party
,
or
the
Kings
Debt
?
He
Answered
,
He
could
not
tell
:
But
,
the
Sheriffs
name
was
Fleming
.
Being
Asked
,
Under
whose
hand
was
the
Warrant
?
He
Answered
,
Under
my
Lord
of
Faulklands
Hand
,
otherwise
he
would
have
levied
no
Money
.
Lord
Rainalaugh
being
Asked
,
Whether
before
my
Lord
of
Straffords
He
Answered
,
That
he
remembers
in
the
Lord
Justices
time
,
my
Lord
of
Corke
,
and
Lord
of
Ely
(
the
Kings
Rents
being
slowly
paid
in
)
they
did
usually
give
Acquittances
out
of
the
Exchequer
,
to
the
Captains
and
Officers
of
the
several
Companies
;
and
,
if
they
were
not
paid
by
some
time
limitted
,
and
if
the
Sheriff
,
or
the
Collector
,
did
not
bring
in
the
Money
,
the
last
resort
was
to
fall
on
the
Defaulters
,
by
assessing
Soldiers
on
them
,
and
there
to
lie
till
the
Money
was
paid
.
Here
my
Lord
of
Strafford
,
conceiving
he
had
spoken
of
Contribution
and
Composition-Rents
,
desired
my
Lord
Rainalaugh
might
Repeat
what
he
said
.
Thereupon
his
Lordship
Answered
,
That
he
thought
what
he
said
he
was
sure
of
,
and
might
justly
say
:
That
for
the
Exchequer-Rents
,
and
Contribution
Payments
(
for
the
Compositions
he
would
say
nothing
)
the
course
was
this
.
That
for
the
Exchequer-Rents
,
the
Vice-Treasurer
gave
out
his
Acquittances
,
These
were
assigned
to
some
Captains
,
whose
turn
it
was
for
Payment
,
and
they
,
accompanied
with
a
Warrant
from
the
Deputies
,
to
constrain
the
payment
by
some
few
Soldiers
.
Hereupon
my
Lord
of
Strafford
Observed
;
That
this
Cause
would
seem
And
whereas
my
Lord
Rainalaugh
spake
of
Contribution-Money
,
Mr.
My
Lord
Rainalaugh
being
Asked
accordingly
?
His
Lordship
Answered
,
That
he
had
already
spoken
to
that
purpose
,
and
he
believed
,
some
of
the
Committee
that
were
there
had
the
particular
Instance
to
produce
.
Being
required
to
name
them
in
whose
hands
it
was
;
His
Lordship
said
,
In
Mr.
Plunkets
,
or
Mr.
Brown
.
Being
Asked
,
When
this
course
began
?
He
Answered
,
He
did
not
remember
the
time
;
but
,
he
thought
,
in
1628.
on
certain
of
the
Agents
out
of
England
.
My
Lord
of
Strafford
did
here
offer
,
That
if
he
might
have
Read
the
Antient
Book
in
my
Lord
Faulklands
time
,
he
could
have
showed
Sir
Tho.
His
Lordship
added
,
That
the
next
Point
he
should
have
endeavoured
to
prove
,
was
,
That
the
Gentry
that
granted
the
Six
score
thousand
pounds
for
Supply
of
the
Army
in
my
Lord
Faulklands
time
,
agreed
,
That
the
same
should
not
be
brought
into
the
Kings
Exchequer
,
but
be
levyed
by
Soldiers
:
nor
be
mentioned
in
any
Accompt
of
the
Kings
,
least
it
should
be
mentioned
to
their
prejudice
:
but
,
let
the
Gentlemen
that
manages
the
Evidence
,
labour
to
prove
this
.
And
Mr.
Palmer
declared
again
,
That
they
agreed
to
it
.
Whence
my
Lord
of
Strafford
observed
,
That
it
concerned
him
both
to
But
Mr.
Palmer
explained
himself
;
That
they
did
admit
the
Contribution
And
Mr.
Pym
added
,
That
they
do
not
Charge
him
with
levying
the
Contribution
Money
,
but
with
levying
Money
after
the
Contribution
,
was
So
my
Lord
of
Strafford
concluded
that
Point
;
That
the
Contribution
,
for
eight
years
before
his
coming
,
was
levied
by
Soldiers
,
is
admitted
;
So
that
for
all
the
things
concerning
that
Contribution
,
he
did
no
more
than
was
agreeable
to
the
Agents
themselves
.
His
Lordship
then
desired
,
That
the
Second
Article
of
my
Lord
of
Faulklands
Instructions
might
be
Read
,
by
which
he
was
expresly
appointed
to
lay
Soldiers
on
such
,
as
paid
not
their
Rent
to
the
King
.
And
it
was
Read
.
ARTICLE
II.
FOr
the
Collection
of
our
Rents
,
in
Cases
of
Default
;
That
First
a
Summoning
Process
shall
Issue
:
Secondly
,
The
Pursivant
sent
:
And
Lastly
,
if
this
be
not
sufficient
(
in
case
the
same
be
not
levyed
)
then
our
Vice-Treasurer
,
by
Warrant
of
our
Deputy
and
Council
,
shall
appoint
a
competent
number
of
Soldiers
of
the
next
Ayding
,
and
Garrison
,
to
collect
the
Rents
of
the
charge
of
the
Parties
complained
of
;
having
care
,
that
no
man
be
burdened
with
a
greater
number
of
Soldiers
,
than
the
Service
shall
necessarily
require
.
Mr.
Palmer
desiring
,
That
the
first
Article
of
these
Instructions
might
be
Read
,
it
was
read
accordingly
.
AT
the
humble
Request
of
our
Subjects
,
We
are
graciously
pleas'd
to
direct
,
for
the
better
preservation
and
ease
of
our
Subjects
,
the
Soldiers
shall
be
called
in
,
&c.
My
Lord
of
Strafford
from
his
Proofes
inferred
,
That
he
had
made
it
His
Lordship
did
further
alleadg
,
That
when
he
came
into
Ireland
,
he
found
that
none
of
the
Kings
Rents
were
levyed
in
other
manner
;
Paper-Attachments
being
given
unto
the
Captains
,
and
they
,
on
these
assignements
,
levying
the
Money
for
their
Entertainments
:
that
he
was
willing
to
remedy
this
,
being
not
much
in
love
with
the
course
;
and
,
since
his
time
,
it
was
never
practised
,
the
Rents
being
brought
in
before
it
comes
to
that
;
though
if
they
had
not
been
paid
sooner
,
it
must
have
come
to
that
:
And
therefore
he
desired
he
might
show
them
a
Proclamation
,
Issued
within
three
months
after
he
came
into
Ireland
,
to
show
,
that
he
brought
not
the
Custom
with
him
,
but
found
it
there
.
Which
Proclamation
was
Read
,
being
Dated
27th
December
,
1633.
And
Imported
.
THat
whereas
the
Surplusage
of
his
Majesties
Revenue
is
appointed
to
be
applyed
towards
the
Payment
of
the
Army
,
thereby
to
give
the
Countrey
more
ease
,
&c.
To
which
Proclamation
divers
of
the
Counsellors
Names
were
added
,
and
were
now
Read
.
So
that
if
Sessing
of
Soldiers
,
in
any
case
,
be
Treason
,
certainly
it
is
in
this
;
Posito
,
That
if
the
Law
be
good
,
it
equally
goes
to
both
.
And
so
he
conceives
he
hath
shewed
the
use
that
hath
been
,
and
must
be
of
the
Officers
of
the
Army
,
being
the
most
ready
way
to
procure
obedience
to
the
Kings
Courts
.
His
Lordship
observed
,
That
the
Gentlemen
at
the
Barr
waved
part
of
his
Charge
,
though
there
was
a
Book
in
Print
,
wherein
he
appears
to
be
charged
in
a
Trayterous
manner
,
to
subdue
,
&c.
He
waves
the
Article
.
And
though
they
decline
it
,
he
besought
their
Lordships
he
might
give
an
Account
of
this
particular
,
least
it
should
stick
with
their
Lordships
,
when
they
read
the
Article
,
and
find
no
Answer
to
it
.
But
the
Committee
opposed
it
,
as
conceiving
it
not
fit
he
should
Answer
to
an
Article
to
which
he
was
not
pressed
(
specially
since
they
have
not
wholly
laid
it
aside
)
and
that
he
had
notice
yesterday
,
that
they
intended
not
,
for
the
present
,
to
proceed
upon
it
;
which
my
Lord
of
Strafford
confessed
,
and
gave
thanks
to
the
House
of
Commons
for
it
.
His
Lordship
then
proceeded
in
his
Defence
,
setting
forth
to
their
Lordships
,
That
the
first
Instruction
to
my
Lord
of
Faulkland
is
no
limitation
to
him
,
it
being
not
good
,
as
to
him
,
unless
it
were
given
him
,
which
he
mentions
onely
by
the
way
.
For
the
Warrants
charged
to
be
by
him
Issued
,
and
the
Execution
of
them
,
His
Lordship
desires
to
free
himself
from
the
Testimony
given
by
Mr.
Berne
and
Mr.
Kennedy
,
concerning
a
very
foul
misdemeanour
committed
by
some
Soldiers
,
under
pretence
of
coming
to
see
the
Kings
Writ
executed
,
and
his
Justice
complyed
withal
,
before
he
comes
to
that
,
that
concerns
Mr.
Savill
.
1.
It
appears
,
these
Soldiers
were
laid
when
he
was
not
in
Ireland
;
so
that
he
is
not
answerable
to
any
thing
Deposed
by
these
Gentlemen
,
further
than
that
he
gave
a
Warrant
for
it
to
Mr.
Pigott
.
II.
He
denies
that
ever
Pigott
had
any
such
Warrant
from
him
,
nor
is
any
Proofe
to
that
purpose
offered
:
Therefore
it
is
not
to
be
laid
to
his
Accompt
.
III.
Only
Patrick
Clear
(
sayes
Pigott
)
threatned
to
lay
Soldiers
on
some
if
they
would
not
obey
:
but
,
because
he
threatned
,
therefore
he
had
such
a
Warrant
,
is
(
under
favour
)
no
consequence
;
men
commonly
threaten
most
,
when
they
have
least
to
shew
.
IV.
Mr.
Kenneday
sayes
directly
,
Pigott
had
done
what
he
did
by
direction
;
but
,
in
express
termes
,
he
sayes
,
He
never
saw
the
Warrant
.
Then
there
remained
only
Mr.
Savill's
Warrant
.
This
Warrant
is
not
showed
,
nor
comes
it
in
Judgment
against
him
:
and
though
some
Testimonies
are
given
,
that
they
have
seen
such
a
Warrant
,
for
Assessing
Soldiers
,
&c.
yet
he
conceives
it
very
hard
,
That
the
Warrant
should
be
the
ground
of
convincing
him
of
Treason
,
and
yet
the
Warrant
not
be
shown
,
for
what
the
grounds
are
,
and
what
the
Limitations
may
be
do
not
appear
:
And
,
if
there
were
such
a
Warrant
,
it
is
long
since
it
passed
from
him
;
But
,
it
is
not
shown
;
and
therefore
to
convince
him
in
modo
&
formâ
is
very
hard
to
be
done
;
for
what
may
be
in
it
to
qualifie
,
or
what
amiss
,
no
body
knows
.
But
,
to
the
Proofs
,
his
Lordship
observed
,
That
the
Proofs
are
very
scant
;
This
great
Mighty
War
made
on
the
King
and
his
People
,
in
breach
of
the
Statute
cited
,
is
one
of
the
Poorest
Wars
that
ever
was
made
in
Christendome
;
for
,
last
Summer
,
one
sayes
,
he
knew
Soldiers
laid
on
one
man
.
The
Sergeant
sayes
,
He
never
laid
above
6
,
sometimes
2
,
sometimes
3
;
and
that
this
should
be
heightned
to
the
making
of
a
War
against
the
King
and
his
People
,
seems
to
be
a
very
great
strain
put
upon
it
,
and
more
he
hopes
than
the
matter
will
bear
.
That
it
was
never
complained
of
to
him
,
all
the
while
he
was
in
Ireland
,
in
respect
of
any
manner
of
prejudice
sustained
by
it
.
That
if
there
be
such
a
Warrant
,
he
is
glad
it
hath
been
so
moderately
Executed
,
that
no
worse
consequence
hath
come
of
it
,
than
their
Lordships
have
heard
.
But
,
he
shall
make
it
appear
,
that
the
Sergeant
at
Armes
is
a
publick
Officer
;
and
,
what
Warrant
soever
he
hath
from
him
,
it
is
not
in
relation
to
him
,
but
to
the
execution
and
procuring
obedience
to
all
other
the
Kings
Courts
of
Justice
,
as
well
as
those
of
the
Deputies
Jurisdiction
;
and
,
it
was
onely
to
enable
him
the
better
to
secure
the
Kings
Right
:
And
he
desired
,
that
Nicolas
Ardah
be
examined
,
Whether
he
be
not
an
Officer
of
the
Exchequer
in
Ireland
,
and
whether
he
knows
of
any
particular
Sessing
of
Soldiers
by
the
Sergeant
at
Armes
,
before
my
Lord
of
Straffords
Government
?
And
being
Askt
severally
these
Questions
;
He
Answered
,
To
the
first
;
That
he
hath
some
Imployment
in
the
And
,
that
about
the
Second
Year
of
His
Majesties
Reign
,
there
was
one
Tho.
Fitzgerard
High
Sheriff
of
a
County
,
that
had
not
perfected
his
Accompts
,
and
not
appeared
to
the
Pursivant
;
The
Lord
Chancellor
that
now
is
,
desired
the
rest
to
assist
him
to
move
my
Lord
of
Faulkland
to
lay
Horse
on
him
;
And
that
the
Party
was
brought
in
within
a
short
time
after
;
but
,
whether
by
Soldiers
,
he
knows
not
;
but
he
heard
there
was
a
Warrant
.
Mr.
Savill
being
Asked
,
Whether
the
Warrant
to
him
granted
was
not
agreeable
to
former
Precedents
?
He
Answered
,
That
he
never
saw
any
other
Warrant
of
the
same
Nature
:
Tho.
Fitzgerard
,
who
had
refused
to
come
to
pass
Accompts
.
Mr.
Henry
Dillon
being
Asked
,
Whether
he
knew
of
any
such
Warrant
formerly
granted
?
And
what
Relation
the
Sergeant
at
Armes
hath
to
other
He
Answered
,
That
he
conceives
,
the
Sergeant
at
Armes
is
an
Officer
,
as
well
to
the
Court
of
Exchequer
,
as
to
the
Chancery
,
on
the
last
Process
of
Contempt
.
The
last
Process
is
a
Writ
to
the
Sergeant
,
to
Attach
a
Man
,
whether
betwixt
party
and
party
,
or
concerning
the
King
;
and
that
he
had
spoken
with
Thimbleby
,
Sergeant
at
Armes
,
whether
he
did
so
in
his
own
right
,
or
as
Deputy
?
And
Asking
him
,
What
he
would
do
if
the
Warrant
was
disobey'd
?
and
he
pretended
he
would
Assess
Soldiers
;
and
being
a
Scholar
at
—
23
years
,
he
heard
one
had
Soldiers
sessed
on
him
for
disobedience
to
the
Sergeant
at
Armes
;
but
,
what
the
particular
was
he
doth
not
know
.
Here
Mr.
Palmer
speaking
some
words
,
which
my
Lord
of
Strafford
interpreted
So
he
supposed
there
could
be
no
such
severe
construction
put
upon
this
Warrant
,
that
it
should
be
adjudged
a
levying
of
War
against
the
King
and
his
People
,
when
it
appeares
to
be
the
using
of
half
a
dozen
,
sometimes
two
or
three
Soldiers
to
lye
on
refractory
persons
,
and
bring
them
to
be
conformable
to
Justice
;
that
the
Kings
Law
might
be
obeyed
,
without
any
Treasonable
or
corrupt
intention
whatsoever
:
And
,
he
hopes
their
Lordships
will
have
a
more
favourable
and
compassionate
consideration
,
than
to
Judge
him
a
Traytor
for
such
a
piece
of
business
,
accompanied
with
all
these
circumstances
.
But
he
added
,
That
some
wayes
he
is
more
qualified
then
an
ordinary
person
,
by
reason
he
had
the
honor
to
be
His
Majesties
Deputy
;
and
,
by
His
Commission
,
had
power
to
pursue
Rebels
,
and
to
use
the
Kings
Army
for
punishing
of
Rebels
,
or
securing
the
Publick
Peace
of
the
Realm
,
as
in
his
discretion
he
should
think
fit
;
and
,
that
he
conceives
,
a
Warrant
,
though
there
had
been
no
President
in
the
Case
(
but
with
these
accompany'd
)
cannot
be
laid
on
him
as
a
Crime
.
For
this
,
he
refers
himself
to
his
Commission
,
which
had
been
formerly
read
,
and
therefore
trusts
this
will
not
fall
into
their
Lordships
Judgment
as
a
High
Treason
,
he
being
to
govern
according
to
the
Customes
of
the
Realm
:
There
is
a
Statute
10
H.
7.
cap.
17.
whereby
it
was
Ordained
,
Enacted
,
and
Estabished
by
Authority
of
that
Parliament
,
That
from
that
time
forwards
there
be
no
Peace
nor
War
undertaken
in
the
Land
,
without
the
Deputies
Licence
;
but
,
all
such
War
and
Peace
to
be
made
by
the
Lieutenants
,
for
the
time
being
;
And
this
comes
in
time
,
after
the
Statute
of
18
H.
6.
This
was
never
complayn'd
of
as
a
fault
,
and
no
ill
consequence
followed
on
it
.
If
a
Man
shall
enter
by
force
,
and
wrongfully
keep
away
possession
,
that
may
be
as
well
said
to
be
a
levying
of
War
as
this
;
and
yet
a
forcible
Entry
is
familiarly
punish'd
in
the
Star-Chamber
,
but
not
spoken
of
as
a
Treason
.
As
to
the
Statute
in
Ireland
,
of
18
H.
6.
cap.
3.
An
Act
,
That
no
Lord
,
or
other
,
shall
Charge
the
Kings
Subject
,
&c.
HE
Conceives
,
he
cannot
be
brought
within
compass
of
this
Statute
:
For
,
I.
He
hath
heard
it
said
,
That
the
King
cannot
be
concluded
in
any
Statute
,
unless
he
be
particularly
named
,
and
consequently
not
his
Chief
Governor
:
For
,
these
words
,
No
Lord
,
or
any
other
,
of
what
condition
soever
,
&c.
Must
imply
,
a
condition
of
a
Lord
,
or
one
under
a
Lord
,
not
a
condition
above
a
Lord
,
as
the
Chief
Governor
is
.
II.
He
shall
not
lead
,
or
bring
.
He
hath
neither
brought
,
nor
lead
them
into
Action
;
for
the
Sergeant
at
Armes
hath
done
it
,
though
under
his
Warrant
.
III.
It
speaks
of
bringing
English
Rebels
,
or
Irish
Enemies
,
or
Hooded
Men
,
Hoblers
,
Kernes
,
&c.
But
,
that
sending
of
the
Kings
Soldiers
to
apprehend
and
attach
such
Refractory
Persons
should
be
within
the
Statute
,
is
a
Stretching
of
the
words
of
it
very
far
.
IV.
Notwithstanding
this
Law
,
the
Chief
Governor
hath
alwayes
used
to
assess
Soldiers
(
and
Practice
is
the
best
Interpreter
of
Lawes
)
and
yet
his
acts
have
not
,
by
this
Statute
,
been
concluded
Treason
;
since
they
have
Compounded
for
it
,
and
they
pay
a
great
Rent
;
The
Composition
Rents
paid
for
their
discharge
from
the
assessing
of
the
Army
,
being
one
of
the
greatest
Revenues
before
his
coming
there
.
And
,
if
their
Lordships
will
have
it
proved
,
there
be
few
of
the
Irish
but
know
it
;
And
,
in
Conaught
the
King
may
take
,
or
leave
as
he
pleases
.
Though
he
shall
not
insist
on
it
(
as
desiring
never
to
depart
from
their
Lordships
Judgment
,
nor
thinking
himself
more
safe
in
any
other
;
therefore
freely
and
voluntarily
he
puts
himself
under
their
Lordships
Censure
,
for
his
Life
,
as
for
his
Death
:
But
,
if
he
should
insist
on
it
,
admitting
all
this
,
That
it
was
a
Treason
by
the
Statute-Law
of
Ireland
,
yet
he
is
not
Tryable
for
it
here
:
But
,
he
makes
no
use
of
it
to
that
purpose
;
but
,
had
he
a
Thousand
lives
,
he
would
humbly
lay
them
every
one
at
their
Lordships
feet
.
He
added
,
That
it
is
a
very
heavy
Case
,
that
such
old
Laws
as
these
should
be
started
,
in
this
manner
,
when
the
Practice
hath
been
quite
contrary
;
and
Kindled
,
to
destroy
him
and
his
Posterity
at
a
Blow
.
But
,
he
trusts
,
God
Almighty
hath
provided
better
for
him
,
by
their
Lordships
Favour
and
Justice
:
For
,
though
the
Gentlemen
at
the
Bar
are
much
more
Learned
than
himself
;
yet
,
it
may
be
,
they
are
not
so
well
Read
in
the
Irish-Statutes
,
as
they
be
in
the
English
:
Besides
,
he
is
most
confident
,
he
shall
make
it
appear
that
Statute
is
Repealed
.
And
,
if
it
falls
in
his
Judgment
,
their
Lordships
(
he
hopes
)
will
find
,
he
had
Reason
to
think
,
what
he
shall
offer
,
might
be
available
;
and
,
that
their
Lordships
will
not
be
offended
if
he
mistakes
the
Law
;
and
this
,
as
in
other
things
,
he
desires
the
Advantage
of
by
Counsel
,
concerning
these
Points
of
Law
,
before
he
be
finally
concluded
.
First
,
By
the
Statute
of
8
Ed.
4.
ca.
1.
(
and
,
had
these
Gentlemen
seen
these
Statutes
,
he
believes
they
would
never
put
it
in
Charge
against
him
.
)
Whereby
it
is
Enacted
,
Confirmed
,
and
Ratified
,
by
Authority
of
the
said
Parliament
,
that
the
said
Statute
be
Adjudged
and
Approved
in
force
and
strength
;
and
the
said
Statute
may
be
of
force
in
this
Land
from
the
6th
day
of
March
next
;
and
that
from
henceforth
the
said
Act
,
and
all
Statutes
and
Acts
,
made
by
Authority
of
Parliament
,
within
the
Kingdom
of
England
,
be
Adjudged
and
Ratified
from
the
said
6th
day
of
March.
This
comes
in
time
,
after
the
Statute
of
Treason
of
H.
6.
and
,
Ratifying
all
the
former
Statutes
of
England
,
Ratifies
the
25th
of
E.
3.
in
England
,
which
is
the
Statute
of
Treason
:
and
,
1
H.
4.
which
sayes
,
nothing
shall
be
Treason
,
but
what
is
said
to
be
Treason
within
the
said
Statute
of
25
E.
3.
So
that
nothing
can
be
Treason
in
Ireland
,
but
what
is
Treason
by
25
E.
3.
or
1
H.
4.
or
something
subsequent
,
for
these
being
confirmed
later
,
do
take
away
the
Statute
of
18
H.
6.
Secondly
,
By
the
Statute
of
10
H.
7.
c.
22.
and
this
is
a
Repeal
in
Judgements
,
far
better
then
his
own
.
The
former
was
for
another
purpose
.
By
this
,
all
the
Statutes
made
in
England
before
that
time
,
are
brought
to
be
Laws
within
Ireland
;
and
,
all
Laws
contrary
to
these
Laws
are
hereby
repealed
.
But
,
the
Law
urged
by
those
Gentlemen
is
against
the
Laws
of
25
Ed.
3.
and
1
H.
4.
and
consequently
is
repealed
very
clearly
;
and
,
the
words
are
these
in
effect
;
It
tells
of
the
Benefit
and
Advantage
that
might
come
to
them
,
after
the
English
Laws
should
be
brought
in
;
And
,
if
any
Statute
have
been
made
contrary
to
them
,
the
same
to
be
annulled
void
,
and
of
none
effect
.
And
,
that
it
hath
been
so
taken
and
conceived
,
that
that
Law
is
Repealed
,
he
hath
,
as
he
conceives
,
a
Judgment
in
Parliament
clearly
on
his
side
,
to
clear
him
,
as
to
this
Treason
,
That
the
Deputy
hath
power
to
Assess
Soldiers
,
in
Cases
where
he
shall
think
convenient
.
It
is
a
Power
,
which
(
God
forbid
)
any
Many
should
exercise
,
but
with
all
fair
Intention
,
and
Mildness
that
possibly
can
be
;
and
he
speaks
it
,
not
to
draw
any
inconvenience
on
that
Kingdom
(
he
being
willing
to
spend
his
Life
for
them
,
rather
than
do
them
any
hurt
)
nor
will
he
carry
from
this
Bar
the
Remembrance
of
any
thing
of
their
Unkindness
,
in
Prosecution
(
he
means
not
them
that
are
Members
of
this
House
:
)
praeter
gratuitas
Cicatrices
,
and
will
never
look
the
worse
on
them
he
Vowes
to
God
.
The
Statute
is
11
Eliz.
ca.
7.
Being
an
Act
for
taking
away
Captainship
,
and
all
Exactions
belonging
thereunto
from
the
Lords
and
Great
Men.
WHereas
,
Most
Gracious
Soveraign
Lady
,
The
Lords
and
Chieftaines
of
this
Realm
,
in
the
time
of
desolation
of
Iustice
,
have
arrogated
to
themselves
Absolute
and
Regal
Authority
,
&c.
For
Remedy
whereof
,
your
Faithful
Subjects
most
humbly
beseech
it
may
be
Enacted
,
&c.
That
no
Earl
,
Viscount
,
Baron
,
Lord
,
&c.
dwelling
within
this
Realm
,
shall
assume
,
&c.
the
Name
of
Captain
of
any
Countrey
,
except
such
as
hath
,
or
shall
have
the
same
by
Letters-Patents
from
Your
Majesty
,
&c.
or
by
the
name
of
Captain
,
or
therwise
exact
for
the
finding
of
him
,
or
them
,
their
Horse
,
Foot
of
or
upon
any
of
your
Majesties
Subjects
,
Tax
,
Sess
,
Subsidie
,
&c.
,
nor
shall
call
togethe
people
of
the
same
Countrey
to
Treat
,
Conclude
,
and
Agree
for
making
War
or
Peace
,
&c.
Sess
,
nor
lead
the
people
,
&c.
without
the
Great
Seal
,
or
Warrant
from
the
Lord
Deputy
,
&c.
upon
pain
to
every
Earl
,
Viscount
,
Baron
,
or
Lord
,
&c.
for
every
time
100
l.
of
lawful
Money
of
Ireland
.
Whence
he
inferred
,
that
here
is
a
Commission
,
that
the
Deputy
and
chief
Governors
have
power
to
Assess
,
and
yet
are
no
Traitors
;
a
penalty
which
they
would
have
spared
,
had
they
thought
that
Law
to
have
been
in
force
.
So
that
as
he
hath
been
free
in
his
heart
from
any
Treasonable
designe
towards
His
Majesty
or
His
People
,
and
as
he
hath
been
innocent
to
God
Almighty
within
doors
,
so
from
this
Statute
he
shall
stand
clear
abroad
,
and
this
cannot
be
brought
as
to
this
Case
,
to
convince
him
of
Treason
.
And
his
Lordship
did
recall
one
thing
in
the
Lord
Dillons
testimony
,
(
which
he
had
formerly
omitted
)
That
the
Assessing
of
Soldiers
was
on
men
being
in
Rebellion
for
any
unjustifyable
Act.
And
so
his
Lordship
conceived
,
there
remains
no
more
for
him
to
do
at
this
time
,
but
to
answer
that
objection
.
That
this
proceeding
of
his
,
was
Treason
,
by
25
Edw.
3.
though
he
had
thought
Treason
had
been
like
Felony
in
this
respect
;
That
there
must
be
a
felonious
intent
to
make
Felony
,
and
so
to
make
Treason
,
there
must
be
a
Treasonable
intent
.
And
he
said
(
God
knows
)
he
had
no
Treasonable
intent
in
all
this
,
for
if
he
had
a
mind
to
have
raised
War
against
the
King
and
his
People
,
surely
he
should
never
have
done
it
by
laying
two
or
three
Soldiers
on
a
private
man
,
and
then
taking
them
off
again
;
And
is
this
that
levying
of
War
against
the
King
and
his
People
,
that
is
meant
in
the
Irish
Statute
of
25
Edw.
3
?
The
words
of
which
Statute
his
Lordship
read
,
viz.
If
any
man
levy
War
against
the
King
in
His
Realm
,
or
adhere
to
His
enemies
,
&c.
He
appeals
to
their
Lordships
,
desiring
them
to
lay
it
to
themselves
,
and
tell
him
whether
2
or
3
poor
Soldiers
sent
in
this
manner
to
bring
in
a
man
,
that
will
not
be
lyable
to
the
Kings
Justice
,
could
by
any
construction
,
be
brought
to
be
a
War
levied
against
the
King
and
his
People
?
which
,
said
he
,
if
it
be
an
error
,
he
knew
it
was
no
Treason
,
for
he
had
thought
it
had
been
for
the
Honor
and
Authority
,
and
Justice
of
the
King
,
and
not
done
as
an
enemy
to
him
.
And
therefore
all
laid
together
,
though
he
must
needs
say
,
Men
are
dark
towards
themselves
,
and
towards
their
own
Cases
,
and
less
able
to
judge
,
than
in
the
Case
of
other
men
;
in
truth
,
under
favour
,
withall
Humility
,
and
submission
to
their
Lordships
better
judgements
,
he
cannot
believe
nor
fear
,
but
for
any
thing
proved
this
day
against
him
,
as
he
is
clear
in
his
heart
from
all
Treasons
,
and
treasonable
Intentions
towards
the
King
and
His
People
;
so
he
stands
clear
from
Treason
upon
this
Charge
,
not
only
in
respect
of
the
Irish
Statute
,
but
likewise
the
English
Statute
;
and
he
shall
beseech
their
Lordships
,
when
it
comes
to
its
time
,
they
will
give
his
Council
leave
to
urge
these
things
for
him
,
who
he
is
sure
will
be
able
to
do
it
with
far
greater
reason
and
strength
than
himself
,
it
being
out
of
his
profession
.
Here
his
Lordship
took
notice
,
that
there
was
another
part
of
the
Charge
which
he
desired
to
speak
to
:
but
Mr.
Palmer
said
,
That
was
subsequent
,
and
not
yet
come
to
.
To
which
his
Lordship
Answered
,
That
he
should
do
all
things
without
offence
,
only
so
long
as
he
doth
mannerly
move
any
thing
for
his
clearing
,
he
hopes
he
may
do
it
.
And
so
the
Defence
was
concluded
.
And
then
Mr.
Palmer
replyed
in
Substance
as
followeth
.
That
their
Lordships
have
heard
a
very
long
Defence
,
made
by
my
Whereas
my
Lord
of
Strafford
hath
made
the
greatest
part
of
his
Defence
in
matter
of
Fact
from
Usage
,
their
Lordships
may
please
to
consider
,
The
Usage
insisted
on
,
is
First
,
for
Soldiers
being
Assest
on
Septs
,
till
Rebels
and
Traitors
not
apprehendible
,
were
brought
in
;
and
by
Rebels
,
his
Lordship
would
have
understood
,
not
Rebels
against
the
King
and
State
,
but
petit
Offenders
and
Felons
,
and
for
that
did
examine
Witnesses
:
But
the
Witnesse
says
,
That
when
such
had
committed
Felony
,
and
withdrawn
themselves
into
Woods
,
a
Proclamation
went
out
to
call
them
in
,
and
if
then
they
came
not
in
,
they
were
esteemed
Rebels
,
and
Soldiers
were
laid
on
their
Septs
,
which
is
not
to
lay
Soldiers
on
Subjects
in
time
of
Peace
,
when
they
will
not
conform
to
his
private
Orders
.
The
Stat.
11
Eliz.
describes
what
the
laying
Soldiers
on
the
Sept
was
,
viz.
When
Outlaws
and
Rebels
lye
in
the
Woods
,
and
will
not
be
apprehended
with
the
ordinary
Arm
of
Justic
,
then
five
of
the
best
of
the
Sept
shall
be
Fined
,
but
not
,
that
Soldiers
shall
be
laid
on
them
.
And
this
being
a
Statute
and
lately
made
,
must
needs
give
the
Rise
to
this
laying
of
Soldiers
on
the
Septs
by
the
Council-Board
,
instead
of
a
Fine
;
so
this
is
no
justification
or
excuse
,
it
not
bringing
a
full
Answer
home
to
the
present
Case
;
nor
is
this
of
right
to
be
justified
.
The
next
Usage
was
concerning
the
Kings
Rents
,
which
Mr.
Conley
only
extends
beyond
the
time
of
my
Lord
of
Faulkland
,
he
speaks
of
it
in
the
time
of
my
Lord
Grandison
and
Chichester
,
yet
it
was
no
positive
Testimony
,
and
he
was
an
old
man
,
and
his
Evidence
uncertain
for
those
times
.
Besides
,
there
was
no
account
given
of
the
certain
reason
,
whether
by
a
legal
Process
or
no
:
For
there
might
be
due
Process
awarded
,
and
a
Writ
of
Assistance
,
to
carry
the
power
of
the
Countrey
,
and
so
the
thing
be
done
by
legal
authority
;
and
therefore
since
it
cannot
be
applyed
to
any
rule
,
it
must
be
intended
to
be
an
illegal
power
,
if
at
all
.
The
rest
were
all
for
Rents
in
the
time
of
my
Lord
of
Faulkland
.
The
instructions
were
produced
by
my
Lord
of
Strafford
himself
in
time
1628.
which
was
before
my
Lord
of
Faulkland
went
out
of
that
Government
.
And
by
these
instructions
there
is
an
Agreement
,
and
it
is
taken
to
be
for
the
benefit
of
the
people
,
that
the
Kings
Rents
should
be
levied
by
Soldiers
;
so
that
for
all
the
time
of
my
Lord
of
Faulkland
,
and
the
Justices
since
,
it
was
within
the
compass
of
the
Instructions
,
and
reduced
to
the
consent
of
the
people
,
and
the
words
of
the
Statute
are
,
No
Soldiers
shall
be
Assest
without
consent
,
but
this
remains
charged
to
be
by
force
,
and
against
consent
.
That
concerning
the
Contribution-money
,
in
which
another
Usage
is
alledged
,
is
set
forth
to
be
an
agreement
of
the
people
,
That
because
it
might
not
come
into
the
Exchequer
,
to
be
made
a
Precedent
,
it
should
not
be
levyed
by
ordinary
Process
,
but
by
Soldiers
,
if
it
were
behind
,
it
being
assigned
for
relief
and
pay
of
Soldiers
,
and
being
by
consent
is
out
of
the
present
case
.
Sir
Arthur
Tyrringham
speaks
of
this
Use
in
case
of
a
petit
debt
of
16
For
that
my
Lord
Dillon
was
called
again
touching
Contribution
,
Composition
,
and
Rents
;
Composition-Rents
fall
under
the
same
Consideration
.
That
Sir
Thomas
Wayneman
laid
soldiers
is
but
an
affirmation
,
and
expects
no
answer
,
(
but
if
the
Information
be
true
)
he
used
very
violent
courses
,
for
it
hath
appeared
he
hanged
a
man
,
without
any
occasion
.
My
Lord
produced
the
Instructions
of
1628.
and
out
of
them
inforced
,
that
it
might
be
lawful
for
him
to
levy
Soldiers
with
authority
;
but
it
appears
by
the
first
Article
it
was
consented
to
at
the
writing
,
and
for
the
Benefit
of
the
Subject
,
as
was
before
answered
;
and
that
very
much
money
was
assigned
for
the
Soldiers
,
and
it
may
be
proved
(
if
there
be
occasion
)
That
there
issued
Acquittances
to
the
Captains
of
the
Company
,
to
deliver
to
the
persons
from
whom
the
Money
was
due
,
in
case
of
payment
;
and
if
they
did
not
pay
by
consent
,
Soldiers
were
laid
,
and
not
otherwise
.
For
the
Proclamation
of
December
1633.
whereby
the
payment
of
His
Majesties
Rents
and
Revenues
was
ordered
,
it
recites
divers
Rents
were
behind
,
that
the
surplusage
would
not
pay
the
Soldiers
,
that
by
want
of
Money
,
the
Soldiers
might
make
irruptions
on
the
County
;
That
according
to
direction
,
to
prevent
inconveniencies
,
Moneys
should
be
levied
,
which
had
Rise
from
the
Instructions
,
1628.
For
the
time
of
it
was
1633.
A
Proclamation
might
well
second
that
which
was
setled
before
,
by
the
Instructions
:
If
it
did
not
pursue
them
,
surely
the
Proclamation
was
an
offence
in
it self
,
and
then
there
is
no
justification
of
a
Treason
by
a
Treason
,
but
it
might
have
been
as
well
objected
against
,
as
this
in
hand
;
But
it
is
true
,
it
hath
the
countenance
of
these
Instructions
.
But
on
all
these
,
there
is
no
pretence
of
forcing
submission
to
my
Lord
of
Strafford's
Orders
.
After
Usuage
his
Lordship
observes
the
Testimonies
produced
,
and
takes
exceptions
to
that
of
Berne
;
that
the
ground
of
his
complaint
was
,
when
my
Lord
of
Strafford
was
in
England
;
That
it
was
done
by
Pygott's
Warrants
,
who
was
not
proved
to
have
any
Warrant
from
him
.
It
is
true
,
there
is
no
full
and
precise
proof
,
that
Pygott
had
his
Warrant
from
my
Lord
of
Strafford
.
But
though
it
was
done
after
his
coming
for
England
,
yet
if
his
Warrant
were
made
before
,
though
it
were
executed
in
his
absence
,
it
will
lay
it
on
my
Lord
of
Strafford
.
But
we
say
the
Warrant
was
made
before
,
and
to
Pygott
as
well
as
Savill
.
One
Witness
says
,
Pygott
himself
did
vouch
my
Lord
of
Strafford
to
have
given
him
his
Warrant
,
it
was
my
Lord
Lieutenants
Warrant
,
he
was
my
Lord
Lieutenants
Sergeant
,
the
Soldiers
were
my
Lord
Lieutenants
Troopers
;
the
Soldiers
laid
by
Savill
,
are
by
my
Lord
Deputies
Warrant
,
proved
to
be
under
his
Hand
and
Seal
,
and
many
Witnesses
are
in
Savills
Case
produced
.
And
whereas
my
Lord
says
,
no
Warrant
was
shewed
;
if
himself
had
not
excepted
against
it
,
a
true
Copy
had
been
produced
,
and
if
none
be
shewed
,
it
is
his
own
fault
;
but
my
Lord
of
Strafford
should
have
shewed
it
,
if
any
thing
was
in
it
to
qualifie
the
matter
,
for
it
is
proved
he
gave
authority
,
and
by
his
authority
the
Soldiers
were
laid
.
Whereas
my
Lord
says
,
this
cause
was
not
complained
of
,
Berne
gives
the
reason
,
he
durst
not
complain
there
,
but
came
over
hither
to
complain
,
and
hath
prosecuted
the
complaint
.
My
Lord
of
Strafford
was
pleased
to
aske
Ardah
,
what
he
heard
concerning
laying
of
Soldiers
?
It
is
true
,
he
and
Savill
mention
the
laying
on
Soldiers
on
Fitzgerard
but
it
was
for
the
Kings
Money
,
and
they
spake
it
not
on
their
own
knowledge
,
but
by
hear-say
,
and
it
was
done
but
once
;
and
whether
since
the
Instructions
,
it
doth
not
appear
,
and
if
it
was
since
,
then
it
was
by
consent
,
and
this
Fitzgerard
lay
out
as
a
Rebel
,
and
if
it
was
done
,
it
was
done
under
that
capacity
.
To
that
point
a
Witness
was
produced
.
Mr.
Kennedy
being
Interrogated
,
Whether
he
the
said
Fitzgerard
did
did
not
lye
in
the
nature
of
a
Rebel
when
Soldiers
were
laid
on
him
?
He
Answered
,
That
this
Fitzgerard
was
Sheriff
in
the
County
of
Corke
,
and
failing
in
his
Accompt
at
the
time
,
Process
was
issued
on
his
Recognizance
,
and
he
held
out
three
or
four
years
.
That
he
,
(
the
Deponent
being
then
the
Kings
Remembrancer
)
thought
it
his
duty
to
acquaint
the
Barons
of
the
Exchequer
,
that
he
could
not
be
found
,
but
kept
abroad
in
the
Woods
,
being
a
man
of
good
Estate
;
and
then
on
acquainting
my
Lord
of
Faulkland
with
it
,
a
Warrant
was
procured
to
the
Sergeant
at
Arms.
Henry
Dillon
says
nothing
of
the
Usage
,
but
pretends
one
Thimbleby
said
he
had
a
Warrant
,
but
whether
he
had
a
Warrant
,
or
did
execute
it
,
appears
not
.
And
if
it
be
so
,
it
appears
not
for
what
time
,
when
it
was
,
nor
out
of
what
Court
the
Process
came
,
upon
which
the
last
Assessment
was
made
.
This
is
all
offered
in
matter
of
Fact
;
my
Lord
proceeds
to
other
justifications
.
First
,
That
His
Majesties
Deputy
is
so
qualified
,
that
he
hath
power
to
resist
Rebels
and
secure
Peace
:
and
it
is
true
,
he
hath
power
,
but
he
hath
no
power
at
all
to
make
a
War
,
especially
in
time
of
Peace
:
now
all
things
are
appeased
there
,
and
no
occasion
is
given
of
a
War
;
only
that
Soldiers
be
maintained
for
a
Nursery
of
Martial
Discipline
,
but
there
is
no
occasion
of
Soldiers
to
be
laid
on
the
Kings
people
.
He
alledged
a
Stat.
10
H.
7.
that
no
War
or
Peace
should
be
made
,
but
by
the
Deputies
Licence
;
and
therefore
he
infers
,
that
by
the
Deputy
War
might
be
made
;
It
is
true
,
where
there
is
hostility
or
Rebellion
,
then
to
oppose
and
repress
that
Rebellion
,
the
Deputy
may
make
a
defensive
War
;
but
to
do
it
in
time
of
Peace
,
on
the
Kings
people
,
that
are
under
the
Government
of
His
Majesties
Laws
,
is
to
make
War
on
the
Kings
Subjects
,
under
His
Peace
and
Protection
,
and
consequently
,
on
the
Sovereign
Power
that
doth
protect
them
.
He
would
compare
it
with
forcible
Entry
,
but
the
circumstances
do
very
much
diversity
it
from
Riots
,
or
forcible
Entries
;
It
is
done
by
Soldiers
that
come
furnished
with
all
warlike
Ammunition
,
brought
from
Garrisons
,
the
places
of
War
,
brought
with
an
Officer
,
brought
in
numbers
;
and
though
the
Lord
of
Strafford
extenuates
the
numbers
,
yet
the
Sergeant
at
Arms
was
unlimited
.
So
the
power
given
to
him
,
was
a
vast
power
,
to
take
such
a
number
of
Soldiers
as
he
should
think
fit
.
His
Lordship
observes
,
that
the
Stat.
of
18.
H.
6.
cannot
conclude
him
,
because
Statutes
here
in
England
do
not
include
the
King
,
unless
he
be
nominated
in
them
,
the
Committee
expected
not
to
hear
this
reason
;
That
because
the
Kings
Sacred
Person
is
not
mentioned
in
a
Statute
,
who
cannot
be
within
the
blemish
of
such
an
offence
,
therefore
it
should
not
extend
to
a
Subject
.
This
is
to
take
a
power
above
Law
,
and
make
himself
equal
to
Sovereignty
,
to
say
that
he
should
not
be
comprehended
more
than
the
King
himself
.
He
says
he
did
not
lead
the
Soldiers
,
but
only
gave
a
Warrant
,
and
therefore
this
should
not
be
Treason
;
but
though
he
leads
them
not
,
the
Commander
is
an
Actor
;
and
to
give
Warrant
for
Treason
,
is
Treason
.
He
says
this
is
a
Statute-Law
in
Ireland
,
and
not
examinable
before
their
Lordships
here
.
Mr.
Palmer
alledged
,
that
he
would
do
my
Lord
right
;
that
he
submitted
to
their
Lordships
Judgements
,
and
craved
leave
to
give
answer
to
that
point
,
and
said
,
The
Laws
of
Ireland
are
devised
from
the
Crown
of
England
,
the
King
being
seized
of
it
in
the
right
of
his
Crown
of
England
,
and
as
a
parcel
of
this
Crown
:
The
power
they
have
to
make
Laws
there
,
is
derivative
from
the
Crown
of
England
,
and
they
did
thankfully
accept
them
from
the
first
Conqueror
:
Since
that
,
they
had
power
to
make
Acts
of
Parliament
,
but
that
is
subordinate
,
the
Laws
there
are
the
Laws
of
England
applyed
to
that
place
:
As
any
particular
custom
of
a
place
,
not
the
general
Law
of
the
Land
,
is
the
Law
of
that
place
by
a
general
custom
,
and
yet
may
be
judged
out
of
the
precincts
of
that
custom
;
so
the
Laws
of
Ireland
are
the
Laws
of
that
Kingdom
;
yet
may
be
judged
by
this
Supream
Court
,
out
of
the
limits
of
Ireland
.
Though
in
an
inferior
Court
,
when
a
thing
questioned
in
Ireland
,
is
brought
by
Writ
of
Error
,
they
judge
according
to
the
Laws
of
Ireland
,
not
of
England
.
And
my
Lord
hath
prayed
,
and
werequire
,
that
he
may
be
judged
according
to
the
Laws
of
Ireland
.
So
this
Law
of
18
H.
6.
may
be
judged
by
their
Lordships
,
though
it
be
a
Law
in
Ireland
.
But
my
Lord
urges
,
that
this
Law
is
repealed
,
and
for
that
he
gave
reasons
on
many
Acts
of
Parliament
;
First
,
a
Statute
made
8
Edw.
4.
That
is
made
to
a
particular
purpose
,
reciting
one
particular
Statute
,
and
repealing
that
,
and
then
by
a
general
clause
,
ratifying
and
introducing
all
the
Statutes
of
England
into
Ireland
.
This
being
but
on
a
particular
occasion
,
with
such
a
general
Clause
,
will
not
be
applyable
,
however
,
it
will
be
the
Answer
to
that
that
follows
.
It
is
a
general
Clause
to
introduce
the
Laws
of
England
,
and
shall
not
have
that
reflexion
to
repeal
any
Law
of
force
in
Ireland
.
This
introducing
of
our
Laws
thither
,
shall
not
work
to
repeal
their
Laws
,
but
make
a
consistance
of
both
Laws
,
so
far
as
they
may
stand
together
.
On
that
Mr.
Palmer
said
,
he
would
not
enlarge
himself
,
it
being
not
matter
of
Fact
,
and
it
was
not
expected
that
matter
of
Law
would
have
been
insisted
on
,
and
therefore
he
leaves
it
to
those
that
shall
hereafter
give
their
Lordships
satisfaction
in
point
of
Law
.
That
which
my
Lord
called
a
Judgement
in
Parliament
,
11
Eliz.
recites
that
it
was
in
time
of
desolation
of
Justice
;
That
the
Captains
had
brought
oppressions
on
the
people
.
It
was
in
a
time
,
when
,
though
the
Irish
had
been
victi
long
before
,
yet
they
were
not
brought
perfectly
under
subjection
of
the
Laws
of
England
,
there
then
remained
Rebellions
and
Tumults
;
It
was
in
time
of
Hostility
and
War
,
And
that
Statute
gives
but
an
Implication
neither
,
that
Captains
should
not
Assess
without
the
Deputies
Warrant
:
And
it
follows
not
,
that
therefore
he
hath
authority
to
do
it
.
But
howsoever
the
thing
be
,
this
was
for
defence
of
the
people
,
to
make
resistance
against
Rebels
.
But
the
thing
in
charge
was
in
time
of
peace
,
and
full
government
of
the
Law
,
and
so
that
Statute
will
give
no
justification
at
all
.
My
Lord
of
Strafford
concluded
,
that
there
was
no
Treasonable
Intent
in
this
,
and
therefore
it
should
be
no
Treason
on
the
Statute
of
the
25
Edw.
3.
My
Lord
recited
the
words
of
the
Statute
,
Not
to
be
only
the
levying
of
the
War
,
but
adhering
to
the
Kings
enemies
;
but
these
glosses
are
not
to
be
confounded
but
severed
.
The
adhering
to
the
Kings
enemies
,
is
one
offence
within
that
Statute
,
Levying
of
War
another
;
so
that
if
there
be
no
Adherence
,
yet
if
there
be
Levying
of
War
,
it
will
be
Treason
.
And
this
levying
of
War
,
it
was
on
the
Kings
People
;
perhaps
there
was
no
intent
upon
the
Kings
Sacred
Person
;
yet
if
it
be
against
the
Kings
People
,
such
a
levying
of
War
is
Treason
;
ordinary
Cases
of
Felony
are
to
be
against
the
Kings
Crown
and
Dignity
,
though
it
be
the
Homicide
of
a
mean
Subject
,
it
is
against
the
Kings
Crown
and
Dignity
,
because
it
is
against
the
protection
and
safety
of
that
man
that
is
the
Kings
Subject
;
and
so
the
levying
of
War
on
the
Kings
People
,
by
laying
Soldiers
in
this
hostile
manner
,
being
against
the
protection
,
by
which
they
are
governed
,
against
the
safety
,
by
which
the
King
is
to
defend
them
.
It
is
a
War
against
the
King
,
his
Crown
,
and
Dignity
,
This
is
the
Answer
to
the
Defence
.
And
Mr.
Palmer
concluded
,
That
he
conceived
the
Charge
of
the
House
of
Commons
,
in
matter
of
Fact
,
was
fully
maintained
,
and
for
matter
of
Law
,
if
there
remained
any
scruple
,
a
farther
Argument
,
and
stronger
Reasons
should
be
offered
hereafter
.
And
so
a
Recess
being
granted
for
a
day
,
upon
the
Humble
Request
of
my
Lord
of
Strafford
,
the
House
was
Adjourned
,
and
Saturday
following
was
appointed
for
the
next
meeting
.
THE
Sixteenth
Article
.
The
Charge
.
16.
THat
the
Earl
of
Strafford
the
Two
and
twentieth
of
February
,
And
to
prevent
the
Subjects
of
that
Realm
of
all
means
of
complaints
to
His
Majesty
,
and
of
redress
against
him
and
his
Agents
,
did
issue
a
Proclamation
,
bearing
date
the
17th
day
of
September
,
in
the
Eleventh
year
of
His
Majesties
Reign
,
thereby
commanding
all
the
Nobility
,
Undertakers
,
and
others
,
who
held
Estates
and
Offices
in
the
said
Kingdom
,
(
except
such
as
were
employed
in
His
Majesties
service
,
or
attending
in
England
by
His
special
command
)
to
make
their
personal
Residence
in
the
said
Kingdom
of
Ireland
:
and
not
to
depart
thence
,
without
Licence
of
himself
.
And
the
said
Earl
hath
since
issued
other
Proclamations
to
the
same
purpose
,
by
means
whereof
the
Subjects
of
the
said
Realm
are
restrained
from
seeking
relief
against
the
oppressions
of
the
said
Earl
,
without
his
Licence
;
which
Proclamation
,
the
said
Earl
hath
by
several
rigorous
ways
,
as
by
Fine
,
Imprisonment
,
and
otherwise
,
put
in
execution
on
His
Majesties
Subjects
,
as
namely
,
one
Parry
,
and
others
,
who
came
over
onely
to
complain
of
the
exorbitances
and
oppressions
of
the
said
Earl
.
April
3.
1641.
Mr.
Palmer
Proceeded
in
further
Maintenance
of
the
Charge
of
High-Treason
,
by
the
Commons
of
England
,
against
the
Earl
of
Strafford
;
and
said
,
They
were
now
entring
upon
the
Sixteenth
Article
of
his
IMPEACHMENT
,
and
shewed
;
THat
from
the
Former
Articles
had
been
represented
several
and
divers
sorts
of
Crimes
;
and
how
that
in
every
of
them
their
Lordships
might
perceive
a
Power
assumed
by
my
Lord
of
Strafford
,
above
,
and
contrary
to
the
Laws
,
and
destructive
to
them
in
every
part
,
so
far
as
concerned
the
Subject
Matter
;
and
,
how
these
Multiplications
of
Acts
did
presuppose
an
Habit
,
and
evidently
proved
that
main
Charge
,
wherewith
he
was
Accused
,
viz.
His
endeavouring
the
Subversion
of
the
Established
Laws
and
Government
,
and
to
introduce
an
Arbitrary
and
Tyrannical
Power
.
And
,
that
by
this
Article
it
would
appear
unto
their
Lordships
,
that
those
Exorbitances
that
were
done
in
Ireland
,
were
prepensed
and
intended
,
before
his
going
thither
;
That
those
Oppressions
were
so
by
him
done
;
and
,
that
he
might
Countenance
it
,
the
Article
Charges
him
,
that
on
the
22th
of
February
,
in
the
7th
year
of
the
King
,
he
procured
from
his
Majesties
own
allowance
,
that
no
Complaint
of
Injustice
,
or
Oppression
should
be
received
in
England
,
unless
the
Party
made
first
his
Address
himself
to
the
Deputy
,
and
this
was
obtained
on
his
repairing
to
that
Government
:
And
this
was
to
be
observed
by
the
Secretaries
here
,
the
Masters
of
Request
,
and
all
others
by
whom
Complaints
might
have
passage
to
His
Majesty
;
and
,
it
remained
as
a
Caution
,
that
none
should
be
admitted
.
It
is
true
,
many
specious
Reasons
and
Arguments
were
subscribed
to
this
Proposition
,
but
the
effect
of
them
was
,
to
take
the
Reines
of
Rule
into
his
own
hands
,
to
prevent
the
immediate
access
and
approach
of
the
Subjects
to
His
Majesty
,
in
their
seeking
of
redress
for
their
Grievances
.
And
,
in
the
11th
year
of
the
King
,
after
some
time
spent
there
,
to
prevent
them
of
all
meanes
of
Redress
,
their
Complaints
being
before
Imbargued
,
that
they
could
not
be
received
,
no
person
at
all
must
come
over
without
License
;
There
must
not
be
a
Rumour
of
what
was
done
in
Ireland
,
but
such
as
he
should
so
Authorize
.
To
that
end
,
by
colour
of
some
Laws
in
Ireland
,
concerning
them
that
were
to
maintain
their
Lands
against
the
Irish
in
times
of
Hostility
and
Rebellion
;
and
,
under
colour
of
some
Instruction
,
for
their
keeping
their
Residence
on
their
Lands
,
as
also
of
a
Letter
to
that
purpose
from
His
Majesty
,
he
is
Charged
;
that
on
the
17th
of
Sept.
11
Car.
he
issued
a
Proclamation
,
and
that
Commands
the
Nobility
,
Undertakers
,
and
others
that
held
Estates
in
Ireland
,
to
reside
there
,
and
not
to
depart
without
his
Licence
,
and
so
restrained
them
from
seeking
Relief
against
his
Oppressions
,
without
his
Licence
.
To
them
that
desired
Licenses
,
he
deny'd
them
:
On
them
that
adventur'd
to
repair
hither
without
Licence
,
he
imposed
Fines
and
Imprisonments
for
transgressing
that
Proclamation
;
and
,
howsoever
this
may
be
Coloured
with
Pretences
of
Instructions
,
and
Letters
from
His
Majesty
,
it
is
an
Usurpation
on
Regality
,
and
an
undermining
of
the
Protection
of
His
Majesty
over
His
People
.
For
Proof
thereof
,
Iohn
Loftus
being
Sworn
,
Attested
;
That
the
Copy
of
the
Propositions
,
The
said
Propositions
were
Read
.
At
Whitehall
,
22th
of
Feb.
1631.
Propositions
to
be
considered
of
by
His
Majesty
,
concerning
the
Government
of
Ireland
.
These
Propositions
were
entered
according
to
His
Majesties
pleasure
,
signified
by
Mr.
Secretary
Cooke
.
These
Propositions
made
to
His
Majesty
by
the
Lord
Wentworth
Lord
Deputy
of
Ireland
,
and
Lord
President
of
the
North
,
were
Read
and
Approved
of
at
the
Council
Board
,
17th
Feb.
1631.
There
being
Present
,
&c.
THat
no
particular
Complaint
of
Iustice
,
or
Oppression
,
be
admitted
here
against
any
,
unless
it
appear
,
the
Party
made
first
his
Address
to
the
Deputy
,
This
is
but
Iustice
to
the
Deputy
,
who
must
needs
,
in
some
measure
,
be
a
Delinquent
.
Whence
Mr.
Palmer
Inferred
,
It
did
appear
that
this
was
to
be
Entered
,
and
remain
with
the
Secretaries
,
Masters
of
Requests
,
and
all
others
whom
it
might
concern
.
The
next
thing
is
the
Proclamation
,
in
effect
as
followeth
;
17th
of
Sept.
11
Car
,
By
the
Lord
Deputy
and
Council
.
A
Proclamation
,
That
Noblemen
,
Undertakers
,
and
others
,
shall
be
Resident
here
.
After
the
Preamble
it
Imports
,
WE
therefore
,
in
Obedience
to
His
Majesties
Royal
Command
signified
by
the
said
Letter
,
Do
Publish
,
Declare
,
and
make
known
His
Princely
Pleasure
,
That
all
the
Nobility
,
Undertakers
,
and
others
that
hold
Estates
and
Offices
in
the
Kingdom
(
such
only
excepted
,
as
are
imployed
in
His
Service
in
England
)
do
hereafter
make
their
Personal
Residences
here
;
And
not
depart
to
England
,
or
other
place
,
without
Licence
of
us
the
Lord
Deputy
,
any
former
Letter
to
the
contrary
notwithstanding
:
And
,
in
case
we
the
Lord
Deputy
shall
have
notice
of
their
Contempt
of
His
Majesties
Will
,
We
shall
proceed
against
them
in
an
Exemplary
way
to
deter
others
:
Therefore
we
straightly
Command
all
manner
of
persons
to
take
notice
of
this
Proclamation
.
Mr.
Palmer
observed
,
That
by
the
Propositions
,
all
Complaints
are
prevented
:
by
the
Proclamation
all
persons
are
restrayned
from
coming
over
without
the
Lord
Deputies
Licence
.
And
,
that
in
pursuance
hereof
,
several
persons
that
have
required
Licences
have
been
refused
;
That
many
of
their
occasions
to
come
over
,
were
Complaints
against
the
Deputy
himself
;
That
such
use
hath
been
made
of
this
Act
,
that
the
Committee
of
the
House
of
Parliament
there
were
restrained
from
coming
over
,
on
pretence
of
this
Prohibition
.
Witnesses
were
produced
.
And
first
,
Richard
Wade
being
Sworn
,
was
Interrogated
,
Whether
my
Lord
of
He
Answered
,
That
in
August
,
1638
,
my
Lord
of
Esmond
sent
him
with
a
Petition
to
my
Lord
Deputy
,
for
Licence
to
go
to
make
an
end
of
the
Cause
,
wherein
my
Lord
Lieutenant
was
Plaintiff
;
That
he
delivered
the
Petition
to
my
Lord
Lieutenant
himself
,
and
waited
on
him
every
day
for
his
Answer
;
that
he
could
not
get
Licence
on
that
Petition
.
That
,
after
this
,
in
Michaelmas-Term
,
1638
,
as
he
takes
it
,
my
Lord
of
Esmond
procured
the
Kings
Letter
;
This
Letter
he
delivered
to
my
Lord
Deputy
,
by
direction
of
my
Lord
of
Esmond
;
but
,
in
this
,
could
not
get
Licence
:
So
that
he
was
deteined
from
Aug.
1638
,
till
April
following
,
and
he
thinks
till
Publication
was
granted
.
Lorky
being
Sworn
,
and
Interrogated
touching
my
Lord
of
Esmonds
He
Answered
,
That
when
my
Lord
of
Esmond
heard
,
that
my
Lord
of
Strafford
had
Incerted
him
into
a
Bill
,
amongst
other
Defendants
in
the
Star-Chamber
,
my
Lord
desired
leave
to
come
to
England
,
to
make
his
Defence
in
that
Cause
,
and
to
appear
in
it
in
person
,
because
without
his
Lordships
leave
he
could
not
come
over
,
by
vertue
of
this
Proclamation
.
My
Lord
sollicited
his
leave
,
first
by
a
Petition
,
Aug.
1638.
afterwards
by
several
Letters
,
some
,
he
(
the
Deponent
)
carried
to
his
Lordship
,
who
still
denied
leave
,
and
would
not
suffer
my
Lord
of
Esmond
to
come
over
,
till
after
Publication
was
granted
in
the
Cause
,
which
he
conceives
was
in
April
;
my
Lord
of
Esmond
having
sollicited
from
April
,
1638
,
till
Aprill
following
.
Richard
Wade
Interrogated
,
What
my
Lord
Lieutenant
said
to
him
,
concerning
my
Lord
of
Esmonds
coming
over
?
He
Answered
,
That
on
delivery
of
the
Kings
Letter
to
him
,
when
he
looked
on
it
in
the
evening
,
the
out-side
(
said
my
Lord
of
Strafford
)
is
Secretary
Crookes
hand
;
and
,
to
morrow
morning
,
if
you
attend
me
,
you
shall
have
an
Answer
.
That
the
next
morning
,
he
(
the
Deponent
)
came
to
the
Secretary
Carr
,
who
told
his
Lordship
,
The
Deponent
was
there
.
That
my
Lord
sent
for
him
,
the
Deponent
,
to
his
Study
,
and
said
,
What
needs
my
Lord
of
Esmond
be
so
importunate
,
for
he
can
do
nothing
there
;
but
his
Attorney
and
Agent
may
do
it
.
Indeed
,
said
he
,
the
Deponent
,
My
Lord
intends
only
to
go
over
to
get
a
Commission
to
justifie
his
Innocency
:
Why
then
saith
my
Lord
of
Strafford
,
I
will
not
give
way
,
he
shall
have
no
Commission
but
what
is
out
already
:
and
,
if
he
have
any
Commission
,
it
is
but
Negative
.
And
,
Mr.
Palmer
observed
,
That
by
this
meanes
my
Lord
of
Esmond
Lord
Roche
Sworn
,
and
Interrogated
,
Whether
he
did
not
demand
a
He
Answered
,
That
he
prayed
my
Lord
to
give
him
leave
,
and
he
deny'd
him
:
That
his
occasion
to
come
over
was
about
an
Information
,
preferred
against
him
half
a
year
before
in
the
Star-Chamber
:
conceiving
,
that
there
were
some
intentions
against
him
,
that
tended
much
to
his
prejudice
,
by
my
Lord
Deputy
,
and
Lord
President
of
Munster
,
who
were
the
occasion
of
the
Information
,
as
he
conceived
;
and
,
that
he
intended
to
come
over
,
hoping
he
might
do
something
with
the
King
,
and
their
Lordships
;
and
,
when
he
demanded
Licence
(
his
Lordship
coming
to
take
Ship
,
and
he
(
the
Deponent
)
conducting
him
)
he
deny'd
it
him
(
the
Deponent
)
and
the
Suit
was
not
pursued
in
five
or
six
months
;
and
,
till
my
Lord
went
over
nothing
was
said
of
it
,
which
was
five
or
six
months
more
.
My
Lord
of
Strafford
desired
he
might
be
Asked
,
Whether
he
was
not
then
Prisoner
in
the
Castle
?
he
alleadging
,
That
he
was
in
prison
for
divers
He
Answered
,
That
he
was
not
a
Prisoner
in
half
a
year
after
,
till
my
Lord
came
out
of
England
;
nor
was
the
Cause
followed
in
five
or
six
Months
after
he
propounded
a
Licence
to
his
Lordship
,
which
was
the
day
his
Lordship
went
Aboard
.
The
next
case
offered
is
the
case
of
Dermond
Mac
Carty
,
who
had
a
Suit
against
him
several
times
,
dismissed
in
a
Court
of
Justice
,
which
my
Lord
Deputy
took
afterwards
into
determination
himself
,
and
made
an
Order
against
him
in
the
Cause
that
was
so
diminished
:
Mac-Carty
,
Grandchild
to
him
against
whom
the
Order
was
made
(
who
was
not
bound
by
the
Order
;
having
no
Land
,
nor
Office
in
Ireland
,
and
so
not
bound
by
the
Proclamation
)
desired
leave
to
come
into
England
,
to
Complain
indeed
of
this
Injustice
,
though
he
pretended
it
was
for
his
Education
,
but
was
deny'd
by
my
Lord
,
and
by
others
in
his
absence
,
because
my
Lord
had
deny'd
him
before
.
The
Petition
subscribed
by
my
Lord
Deputy
himself
was
Read
,
my
Lord
Acknowledged
it
to
be
under
his
own
hand
.
To
the
Right
Honourable
the
Lord
Viscount
Wentworth
,
&c.
THe
humble
Petition
of
Dermond
Mac-Carty
,
showing
,
That
your
Petitioner
,
for
his
Private
Occasions
,
specially
for
better
Breeding
and
Education
,
is
desirous
to
Travel
into
the
Realm
of
England
;
He
therefore
most
humbly
prayeth
,
your
Lordship
will
be
pleased
,
to
Licence
and
Dispence
with
his
Iourney
thither
,
And
he
will
ever
pray
,
&c.
Dublin-Castle
,
28
Iune
,
1637.
FOr
Our
Reasons
,
best
known
to
Our Selves
,
We
think
it
not
fit
to
Grant
the
Petitioners
Request
;
but
do
rather
hereby
expresly
inhibit
,
and
forbid
him
to
Transport
himself
into
England
,
or
any
part
beyond
the
Seas
,
without
Our
Licence
first
had
in
that
behalf
:
And
,
of
these
Directions
the
Petitioner
is
required
,
not
only
to
take
notice
,
but
also
obey
the
same
,
as
he
will
answer
the
contrary
at
his
utmost
Peril
.
On
a
second
Petition
preferred
by
Mac-Carty
(
because
my
Lord
Deputy
had
refused
to
give
him
Licence
)
Sir
Christopher
Wainsford
did
also
refuse
his
Licence
.
The
Petition
,
and
the
Answer
thereunto
purporting
to
that
effect
,
were
Read
.
Iames
Nash
Sworn
,
and
Interrogated
,
Whether
the
occasion
of
these
Petitions
was
not
to
Complain
of
that
Decree
,
made
by
my
Lord
Deputy
,
in
a
Cause
,
that
had
in
a
Court
of
Justice
been
dismissed
?
He
Answered
,
That
he
knew
the
passages
of
all
the
Causes
,
having
Iames
Craig
5496
l.
against
Mac-Carty
.
And
,
on
this
Decree
,
an
Order
,
to
Dispossess
him
of
all
his
Fathers
Estate
;
and
he
being
Banish'd
into
a
Foreign
Part
the
young
Man
,
for
fear
,
would
not
come
in
and
appear
;
but
,
hoping
to
have
Redress
in
England
,
did
Petition
in
this
matter
,
in
desire
and
hope
to
have
Redress
in
that
dismission
made
by
the
Lord
Strafford
.
Mr.
Palmer
Opened
the
Case
of
Parry
his
Fine
and
Imprisonment
,
who
is
mentioned
in
the
Article
;
That
he
was
Servant
to
the
late
Lord
Chancellor
,
was
Examined
before
my
Lord
Deputy
of
some
things
that
concerned
his
Master
,
and
had
Answered
so
much
as
it
pleased
my
Lord
to
require
of
him
.
That
after
this
(
being
used
to
follow
my
Lord
Chancellors
occasions
)
my
Lord
Deputy
,
to
prevent
his
coming
over
,
referred
him
to
further
Examination
before
the
Iudges
,
whom
he
attended
five
or
six
dayes
,
but
there
was
nothing
to
examine
him
upon
,
for
he
had
delivered
all
that
was
required
,
as
fully
as
he
knew
;
That
finding
my
Lord
Chancellors
occasions
very
urgent
,
he
came
into
England
;
and
,
as
soon
as
he
came
hither
,
it
seems
he
was
followed
with
directions
thence
;
for
,
by
Warrant
from
Secretary
Cook
he
was
apprehended
by
a
Messenger
;
and
the
Warrant
expresses
it
,
that
he
was
one
that
came
over
without
Licence
:
That
he
was
turned
over
to
Mr.
Ralton
,
my
Lords
Agent
,
and
must
give
Bond
to
repair
,
and
make
his
appearance
in
Ireland
:
Before
that
Bond
was
discharged
,
he
did
return
;
and
,
after
his
return
,
he
Petitioned
to
be
Discharged
of
this
Bond
,
he
conceiving
he
might
come
over
without
Licence
,
having
no
Estate
nor
Office
in
Ireland
;
yet
notwithstanding
he
was
Sentenced
,
Fined
,
and
Imprisoned
.
It
is
true
,
the
Cause
expressed
in
the
Sentence
,
is
,
Because
he
went
away
not
being
Examined
;
and
the
Sentence
expresses
,
That
he
is
not
Fined
for
coming
without
Licence
,
but
because
he
came
away
without
being
Examined
.
Henry
Parry
Sworn
,
was
Interrogated
,
Whether
the
Copy
showed
unto
He
Answered
,
That
he
examined
it
with
the
Original
.
The
Warrant
was
Read
.
THese
are
,
in
His
Majesties
Name
,
to
will
and
Command
you
,
to
make
your
present
repair
to
any
place
,
where
you
shall
understand
of
the
—
of
Henry
Parry
Gent.
lately
come
out
of
Ireland
without
Licence
;
and
,
by
Vertue
hereof
,
to
take
him
into
Custody
,
and
keep
him
safe
till
you
hear
from
me
.
Greenwich
,
20
June
,
1633.
To
Thomas
Welch
,
Messenger
of
the
Kings
Chamber
.
Henry
Parry
being
Interrogated
,
What
were
the
Proceedings
with
him
about
his
Examinations
in
Ireland
,
before
his
coming
over
?
And
,
What
was
the
whole
Process
of
the
business
?
He
Answered
,
That
21
April
,
1638
,
my
Lord
of
Ely
,
then
Lord
Chancellor
,
his
Lord
and
Master
,
was
Committed
to
the
Castle
of
Dublin
,
and
,
no
sooner
Committed
,
but
he
(
the
Deponent
)
was
sent
for
to
the
Council
Board
,
and
,
an
Oath
Administred
to
him
,
by
the
Clerk
of
the
Council
,
on
my
Lord
of
Straffords
direction
.
That
thereupon
his
Lordship
Interrogated
him
,
Where
the
Great
Seal
was
?
He
answered
his
Lordship
,
That
he
knew
not
where
it
was
,
unless
it
was
with
my
Lord
of
Ely
:
And
,
after
his
Lordship
had
Examined
him
to
that
,
he
Commanded
him
to
attend
the
Iudges
the
next
day
,
to
be
Examined
on
some
Papers
of
his
(
the
Deponents
)
which
his
Lordship
had
seized
and
brought
to
the
Council
〈◊〉
,
and
thereupon
he
was
dismissed
at
night
.
That
Monday
next
(
this
being
Saturday
)
he
attended
the
Iudges
alone
to
be
Examined
,
and
attended
not
only
that
day
,
but
five
dayes
more
,
from
thence
to
Saturday
.
That
on
Saturday
,
my
Lord
of
Ely
told
him
,
He
had
occasion
to
send
him
over
into
England
,
and
desired
him
to
go
:
That
he
did
come
away
with
some
Letters
from
his
Lordship
,
to
some
of
his
Lordships
Friends
here
;
And
,
as
soon
as
he
came
here
with
Instructions
from
his
Lordship
,
the
Instructions
were
given
to
his
Lordships
Friends
,
to
Sollicite
His
Sacred
Majesty
for
his
Relief
,
and
Enlargement
out
of
Prison
;
and
he
continued
a
matter
of
two
Months
or
thereabouts
;
and
on
that
,
one
Thomas
Welsh
,
by
Vertue
of
Secretary
Cookes
Warrant
,
attached
him
,
and
kept
him
in
Restraint
about
three
weeks
.
At
the
end
of
three
weeks
he
was
sent
for
to
Mr.
Ralton
,
who
told
him
,
It
was
Secretary
Cookes
pleasure
he
should
enter
into
Bond
to
go
into
Ireland
,
else
he
should
be
sent
by
a
Messenger
.
That
he
(
the
Deponent
)
Answered
,
He
could
not
pay
a
Messenger
,
but
if
he
could
not
get
leave
to
stay
,
he
would
enter
into
Bond
to
go
to
Ireland
:
That
Mr.
Ralton
took
a
Bond
,
to
appear
the
10th
or
12th
of
August
following
,
this
being
in
Iuly
,
1638.
That
he
came
into
Ireland
according
to
the
Tenor
of
his
Bond.
That
my
Lord
of
Strafford
being
to
go
into
the
Country
,
he
presented
himself
before
his
Lordship
in
the
Gallery
at
the
Castle
,
and
acquainted
his
Lordship
,
that
he
was
there
to
attend
his
Lordship
,
according
to
the
Tenor
of
the
Bond.
His
Lordship
Asked
him
,
Who
took
his
Bond
?
he
acquainted
his
Lordship
,
That
it
was
his
Agent
Mr.
Ralton
.
His
Lordship
Asked
,
What
Warrant
had
Mr.
Ralton
to
take
Bond
of
you
?
He
,
(
the
Deponent
)
acquainted
his
Lordship
,
He
did
not
know
any
Warrant
he
had
:
but
,
he
said
,
He
had
direction
from
Secretary
Cook
.
My
Lord
Asked
further
,
Where
he
took
the
Bond
,
if
at
the
Signet-Office
?
No
:
said
he
(
the
Deponent
)
It
was
at
his
own
house
.
My
Lord
Answered
,
That
he
(
the
Deponent
)
might
do
well
to
attend
at
the
next
sitting
of
the
Council-Board
.
And
,
that
he
(
the
Deponent
)
going
away
,
his
Lordship
called
him
back
,
and
said
,
Methinks
,
Mr.
Parry
you
are
much
Sun-burned
,
the
weather
is
very
hot
in
England
.
He
(
the
Deponent
)
Answered
again
,
The
weather
is
very
fair
.
His
Lordship
Interrogated
him
,
Where
my
Lady
Moore
was
?
and
,
How
she
did
?
He
(
the
Deponent
)
acquainted
his
Lordship
,
She
was
in
England
.
Here
my
Lord
of
Strafford
interrupted
him
,
Asking
,
If
this
was
to
the
He
Added
,
That
my
Lord
Asked
him
,
Why
he
did
not
stay
abroad
to
help
my
Lady
Moore
to
spread
abroad
her
Malice
against
him
(
my
Lord
of
Strafford
)
to
which
he
(
the
Deponent
)
said
,
He
could
say
nothing
:
and
so
was
dismissed
.
That
afterwards
he
attended
with
a
Petition
of
my
Lord
of
Ely's
;
and
,
that
my
Lord
Asked
him
,
Where
his
Petition
was
?
He
said
,
He
had
not
any
,
but
presented
his
Person
.
His
Lordship
told
him
,
That
it
was
Councel-Board-day
for
Petitions
,
and
wished
him
to
come
some
other
time
:
yet
after
,
was
called
back
,
and
had
an
Answer
to
the
Petition
.
That
the
Tuesday
following
,
(
as
he
takes
it
)
he
appeared
before
his
Lordship
again
,
without
any
Petition
,
not
knowing
any
cause
he
had
to
Petition
:
That
,
the
next
day
after
he
Petition'd
;
and
on
Reading
his
Petition
,
the
Constable
of
the
Castle
was
called
,
and
thereupon
he
(
the
Deponent
)
was
Committed
,
and
Censured
(
as
he
was
told
the
next
day
)
500
l.
That
his
Lordship
Declared
the
Order
of
the
Board
,
That
he
(
the
Deponent
)
was
Fined
500
l.
Bound
to
his
Good
Behaviour
;
Committed
to
the
Castle
of
Dublin
;
and
to
Acknowledge
his
Offence
at
the
Board
,
and
to
Mr.
Ralton
;
and
there
he
continued
in
Prison
,
and
was
utterly
Ruined
.
Being
Asked
,
Whether
he
was
heard
to
Answer
in
the
Cause
?
or
,
Whether
he
was
Examined
after
his
Return
?
He
Answered
,
That
he
never
put
in
Answer
in
Writing
,
nor
was
there
any
Petition
against
him
,
but
only
his
own
Petition
;
nor
further
Required
to
be
Examined
from
that
day
to
this
.
Being
Asked
,
How
much
of
his
Fine
he
paid
?
He
Answered
,
That
before
he
could
see
his
Order
,
he
was
fain
to
pay
Sir
Paul
Davis
45
l.
and
,
when
he
saw
his
Order
for
reducing
it
,
for
it
was
reduced
from
500
l.
to
250
l.
of
which
he
paid
184
l.
Mr.
Palmer
proceeded
,
observing
,
That
the
next
thing
was
,
a
Refusal
Sir
Robert
Smith
being
Sworn
,
and
Interrogated
,
Whether
he
was
He
Answered
,
That
we
were
sent
for
by
my
Lord
Deputy
Wainsford
,
and
he
put
us
(
as
we
conceived
them
)
several
catching
Questions
,
as
,
If
they
had
not
my
Lord
Deputies
Licence
,
and
the
Boards
.
Whether
they
would
repair
to
England
or
no
?
We
Answered
,
That
,
in
obedience
to
the
House
of
Commons
,
we
did
intend
to
repair
to
England
.
No
,
sayes
my
Lord
Deputy
,
Answer
me
Catagorically
;
Would
you
go
or
no
,
If
we
would
Command
you
not
to
go
?
to
this
we
Answered
,
No
:
being
between
two
Jurisdictions
,
both
from
His
Majesty
;
for
,
we
had
a
Command
from
the
House
of
Commons
,
and
a
Counter-Command
from
His
Majesty
,
and
we
were
denied
Licence
,
and
a
restraint
of
Ships
,
for
that
cause
they
conceived
to
restrain
them
.
Being
asked
,
whether
the
Deputy
did
know
the
House
of
Commons
had
ordered
them
to
come
over
,
and
yet
refused
?
He
answered
,
the
Lord
Deputy
did
know
it
,
it
was
apparently
known
to
all
the
Kingdom
.
Mr.
Fitz-gerard
being
examined
to
the
same
points
,
as
Sir
Robert
Linch
.
He
Answered
,
That
after
the
the
Session
of
Parliament
,
1
Octob.
last
,
and
the
House
of
Commons
had
travelled
till
the
6
Nov.
in
the
affairs
of
the
Kingdom
,
the
grand
Committee
had
heard
and
discussed
many
grievances
general
and
particular
,
and
voted
them
to
the
House
.
That
about
the
beginning
of
Nov.
the
House
entred
into
consideration
of
those
grievances
,
and
drew
up
a
Petition
of
Remonstrances
to
be
presented
to
the
Lord
Deputy
,
which
was
voted
in
the
House
of
Commons
7
Nov.
9
Nov.
the
whole
House
attended
with
the
Speaker
,
and
the
Speaker
read
it
publiquely
before
him
.
The
grievances
were
of
that
nature
,
that
they
did
Humbly
,
and
of
Right
(
as
he
remembers
)
petition
for
redress
of
those
grievances
;
that
the
House
conceiving
the
Parliament
would
be
Prorogued
,
or
Dissolved
before
Redress
was
given
,
they
entred
into
consideration
of
a
course
to
present
it
to
His
Majesty
.
And
11
Nov.
made
an
Order
:
that
the
Committee
should
be
appointed
to
repair
to
England
with
a
Caution
,
That
if
Redress
should
not
be
had
before
Dissolution
,
or
Prorogation
of
the
Parliament
,
that
Committee
should
not
proceed
.
12
Nov.
it
was
Prorogued
without
Redress
;
that
the
next
day
after
Prorogation
the
Committee
was
summoned
to
attend
at
the
Board
,
and
there
was
interrogated
severally
on
a
question
,
as
far
as
he
can
remember
,
viz.
Of
their
intention
to
go
into
England
,
whether
they
would
aske
leave
to
go
into
England
?
and
admitting
my
Lord
Deputy
should
command
them
not
to
goe
,
till
His
Majesties
pleasure
was
known
,
whether
they
would
go
?
To
all
they
were
severally
to
answer
,
and
Catagorically
(
this
was
my
Lord
Deputies
word
)
after
Answer
given
,
they
were
ordered
to
withdraw
,
and
being
called
in
again
,
it
was
made
known
by
the
Lord
Deputy
Wainsford
;
That
he
and
the
Lords
had
considered
the
whole
matter
,
and
bade
them
take
notice
,
there
was
a
Proclamation
,
restraining
all
the
Subjects
of
Ireland
to
make
repair
to
England
till
application
was
made
to
the
Deputy
.
That
he
engaged
them
in
Allegiance
,
not
to
depart
,
till
he
(
the
Lord
Deputy
)
had
known
His
Majesties
pleasure
,
whether
they
should
goe
or
no
,
which
he
would
labour
to
know
speedily
.
The
next
thing
Mr.
Palmer
offered
,
was
the
Irish
Remonstrance
,
which
was
read
.
To
the
Right
Honourable
the
Lord
Deputy
,
The
humble
and
just
Remonstrance
of
the
Knights
,
Citizens
,
and
Burgesses
in
Parliament
.
THe
Petitioners
do
conceive
great
and
strong
fears
of
a
Proclamation
published
in
this
Kingdom
,
Anno
1635.
Prohibiting
men
of
Quality
or
Estate
,
to
depart
this
Kingdom
without
the
Lord
Deputies
Licence
,
whereby
the
Subjects
of
this
Kingdom
are
hindred
and
interrupted
from
free
access
to
His
said
Majesty
and
Privy
Council
of
England
,
to
obtain
remedies
against
their
just
grievances
,
as
their
Ancestors
have
had
,
since
the
Reign
of
H.
2.
and
great
Fees
exacted
for
the
said
Licences
.
And
so
Mr.
Palmer
summed
up
the
Evidence
,
That
by
the
Proposition
Par
negotio
,
but
Supra
,
above
all
the
authority
committed
to
him
;
not
an
Accessary
but
Principal
;
not
in
the
nature
of
a
Subject
but
Domini
,
and
so
he
expected
his
Lordships
Answer
.
My
Lord
of
Strafford
after
a
little
time
of
recollecting
himself
,
began
That
he
should
only
apply
himself
to
the
things
in
charge
,
as
near
as
he
could
,
and
give
the
fairest
Answer
he
could
,
where
,
by
the
way
he
alledged
,
That
he
might
very
justifiably
say
,
he
had
never
in
his
life
other
thoughts
or
intentions
before
his
going
into
Ireland
,
or
during
his
abode
there
,
but
justly
and
faithfully
in
the
service
of
His
Majesty
and
the
Kingdom
;
nor
did
he
ever
desire
,
or
intend
any
thing
,
so
much
as
to
introduce
the
English
Laws
and
Government
there
:
And
whereas
he
is
charged
with
a
subversion
of
the
fundamental
Laws
,
he
may
say
,
he
thinks
,
with
Truth
and
Modesty
,
that
the
Laws
had
never
so
free
a
passage
,
that
never
any
Deputy
gave
less
interruption
to
the
proceedings
of
the
Law
,
than
it
had
,
during
all
his
time
:
That
it
did
not
appear
by
all
that
hath
been
said
,
that
there
was
any
stay
of
legal
proceedings
;
for
all
the
Causes
spoken
of
him
,
came
originally
,
and
primarily
,
before
they
depended
in
any
other
Court
;
and
that
he
never
hindred
,
but
gave
all
furtherance
to
the
passage
of
the
Common-Law
;
and
therefore
if
their
Lordships
find
(
as
they
cannot
but
expect
from
him
much
)
Error
and
mistakes
,
he
besought
them
out
of
their
Goodness
and
Nobleness
,
to
apply
it
rather
to
his
Infirmity
and
Weakness
,
than
to
any
habit
of
ill
he
had
got
,
as
he
trusts
,
he
should
make
appear
to
their
Lordships
.
The
Charge
,
is
to
have
procured
,
with
an
intent
of
oppression
,
a
stop
of
all
complaints
of
Injustice
,
that
none
might
be
received
in
England
,
unless
it
appeared
,
That
the
party
did
make
his
address
to
him
.
To
prove
this
,
the
Gentlemen
have
read
a
Proposition
of
his
,
made
before
his
going
into
Ireland
,
and
as
appears
,
by
their
own
shewing
,
such
a
Proposition
as
was
allowed
and
approved
of
by
their
Lordships
at
the
Council-Board
.
He
desires
that
in
this
(
as
in
all
things
else
)
he
might
not
be
taken
in
pieces
,
but
altogether
;
for
if
they
take
part
,
and
leave
what
they
please
,
they
may
make
a
man
speak
strange
things
;
and
therefore
he
desired
their
Lordships
would
hear
the
reasons
inducing
that
Proposition
as
well
as
the
Proposition
it self
,
being
under
the
Clerk
of
the
Councils
hand
,
and
so
attested
by
Mr.
Ralton
:
The
Proposition
and
Reasons
were
accordingly
read
as
followeth
in
substance
.
Feb.
1631.
A
Proposition
amongst
divers
others
,
entred
in
the
Register
of
the
Acts
of
Council
22
Feb.
1631.
follows
in
haec
verba
.
THat
no
particular
complaint
of
Injustice
or
Oppression
be
admitted
here
against
any
,
unless
it
first
appear
he
hath
made
his
Address
to
the
Deputy
.
And
indeed
,
this
is
but
justice
to
the
Deputy
,
who
must
needs
in
some
measure
be
a
Delinquent
,
if
the
complaints
be
true
,
as
being
in
chief
universally
to
take
care
that
His
Majesties
Justice
be
throughly
complyed
with
in
that
place
;
and
therefore
good
reason
his
Judgement
should
be
informed
,
and
his
Integrity
first
tryed
,
before
either
be
impeached
;
Nay
,
it
is
but
justice
to
the
Government
it self
,
which
would
be
exceeding
scandalous
,
through
the
liberty
of
complaints
,
and
the
Ministery
therein
extreamly
discouraged
,
upon
every
petit
matter
to
be
drawn
to
answer
here
,
when
the
thing
it self
is
for
the
most
part
either
injurious
,
or
for
which
,
the
party
might
have
received
good
satisfaction
at
his
own
door
.
But
where
the
complaint
appears
formally
grounded
,
and
where
due
application
hath
been
made
to
the
Deputy
,
without
relief
to
the
party
,
let
it
be
throughly
examined
,
and
severely
punished
,
wheresoever
the
fault
proves
to
be
,
especially
if
it
be
corrupt
or
malicious
;
for
so
he
shall
not
only
magnify
his
Justice
,
but
punish
an
unfaithful
Minister
,
or
clamorous
Complainant
,
and
his
service
shall
thereby
be
bettered
.
From
whence
my
Lord
of
Strafford
inferred
,
That
by
this
it
might
appear
to
their
Lordships
,
his
intent
was
not
to
assume
any
greater
Authority
,
than
became
him
to
desire
;
but
meerly
to
prevent
clamors
and
unjust
complaints
,
and
that
they
might
be
redressed
nearer
home
without
Complaint
,
and
no
way
to
hinder
any
mans
just
complaint
.
And
so
it
had
no
relation
nor
aspect
to
himself
,
but
meerly
to
the
furthering
of
the
Kings
Justice
.
And
so
that
Proposition
could
not
(
he
conceived
)
be
turn'd
upon
him
,
otherwise
then
as
Just
and
Honourable
.
For
the
Proclamation
it self
,
and
the
staying
of
men
from
coming
without
Licence
(
the
thing
complained
of
)
he
begged
leave
to
acquaint
their
Lordships
with
some
particulars
.
He
conceived
,
by
the
Laws
of
Ireland
,
no
man
that
is
a
Subject
and
Liege-man
there
,
can
come
from
thence
without
Licence
from
the
Deputy
,
but
it
is
very
penal
,
and
to
that
purpose
he
would
mention
two
or
three
Statutes
of
that
Kingdom
;
One
is
the
26
H.
6.
ca.
2.
The
Title
whereof
is
,
An
Act
that
the
Kings
Subjects
,
or
Officers
in
Ireland
,
may
be
absent
by
the
Commands
of
the
King
or
Governor
,
or
Council
,
without
Censure
of
,
&c.
The
words
of
the
Statute
in
substance
.
Also
it
is
decreed
and
agreed
,
that
none
of
the
Kings
Liege
men
(
who
comprehend
all
,
as
he
conceives
)
or
Officers
of
the
Land
,
go
out
of
the
Land
,
but
by
Commission
from
the
King
or
his
Heirs
,
Lieutenant-Iustices
,
&c.
All
the
Rents
,
Benefits
,
Offices
,
or
other
Possessions
by
their
said
Absence
,
shall
be
seized
into
the
Kings
hands
,
&c.
Whence
my
Lord
of
Strafford
inferred
,
That
if
they
go
without
the
Governors
Licence
,
there
is
a
forfeiture
of
all
these
.
Another
is
25
H.
6.
Ca.
9.
It
is
ordained
,
&c.
That
if
any
Liege-man
be
out
of
the
Kingdom
,
by
the
Commandement
of
the
King
or
his
Heirs
,
or
the
Lieutenant
there
,
Deputy-Iustices
,
or
Council
;
Their
Rents
,
&c
,
shall
not
be
seized
,
&c.
Whence
his
Lordship
inferred
,
That
if
they
go
without
Licence
,
they
are
punishable
for
it
.
The
next
is
a
certain
Article
,
preferred
by
certain
Irish
Agents
then
in
England
in
May
1628.
or
thereabouts
,
long
before
he
was
thought
on
for
a
Deputy
in
Ireland
,
either
by
himself
or
any
body
else
;
and
this
is
from
their
own
desire
and
Petition
,
Being
attested
by
Mr.
Ralton
to
be
a
true
Copy
,
one
Article
was
read
,
being
in
substance
as
followeth
.
May
1628.
TO
the
Kings
most
Excellent
Majesty
,
the
humble
Petition
of
Your
Majesties
faithful
Subjects
,
appointed
Agents
to
prefer
certain
humble
Requests
,
&c.
to
your
Highness
,
in
behalfe
of
your
Kingdom
of
Ireland
.
After
the
Preamble
,
amongst
other
things
it
contained
,
That
His
Majesty
would
be
pleased
,
that
in
respect
of
the
non-residence
of
many
great
men
,
who
spending
their
Estates
abroad
,
the
Kingdom
was
impoverished
,
and
great
sums
of
Money
transported
;
Order
might
be
taken
,
that
both
they
,
and
all
Undertakers
,
on
whom
Estates
have
been
bestowed
,
for
the
better
supporting
and
improving
of
the
Kingdom
,
may
make
their
personal
Residence
,
at
least
half
the
year
,
and
not
to
depart
without
Licence
.
His
Majesties
Answer
was
given
in
these
words
.
ALL
the
Nobility
,
Undertakers
,
and
others
,
who
hold
Estates
and
Offices
within
that
Kingdom
,
are
to
make
their
personal
Residence
there
,
and
not
to
leave
it
without
Licence
,
such
persons
excepted
only
,
as
are
imployed
in
Our
Service
in
England
,
or
attend
here
by
Our
special
Command
.
Next
my
Lord
of
Strafford
desired
,
he
might
read
the
Lord
Faulklands
Instructions
,
which
,
as
he
conceived
,
were
pursuing
to
this
,
and
they
were
,
as
he
takes
it
,
24
May
,
1628.
which
being
attested
by
Mr.
Brooks
to
be
examined
by
the
Original
,
was
read
.
C.
R.
Instructions
to
be
observed
by
,
or
,
&c.
Henry
Viscount
Faulkland
,
or
Council
there
,
&c.
ALL
the
Nobility
,
Undertakers
,
and
others
,
who
hold
Estates
,
or
Offices
in
that
Kingdom
,
are
to
make
their
personal
Residence
there
,
and
not
to
leave
it
without
Licence
;
such
persons
only
excepted
,
as
are
employed
in
Our
Service
in
England
,
or
attend
here
by
Our
special
Command
.
Next
His
Lordship
offered
His
Majesties
Letter
of
20th
of
Ianuary
1634.
Commanding
the
publishing
of
this
Proclamation
,
which
Mr.
Ralton
affirming
to
be
a
true
Copy
was
read
.
C.
R.
To
the
Lord
Deputy
of
Ireland
.
WHEREAS
amongst
other
things
in
the
Graces
vouchsafed
to
Our
Subjects
,
1628.
We
signified
Our
Pleasure
,
That
the
Nobility
,
Undertakers
,
and
Others
,
holding
Estates
in
Ireland
,
should
be
resident
there
,
and
not
to
depart
without
Licence
:
And
being
now
given
to
understand
,
That
notwithstanding
those
Directions
,
divers
persons
(
not
of
the
meaner
sort
)
take
liberty
to
pass
into
this
Kingdom
,
or
foreign
parts
,
as
if
they
understood
not
what
they
owed
to
Us
in
their
Duty
,
or
themselves
in
their
evil
Carriage
,
which
presumption
we
may
not
long
suffer
,
&c.
We
do
therefore
hereby
Will
and
Require
you
,
by
Act
of
State
,
or
Proclamation
,
to
make
known
Our
Pleasure
,
That
all
Nobility
,
Undertakers
,
and
others
,
that
hold
Estates
and
Offices
,
(
such
persons
only
excepted
,
as
be
imployed
here
,
&c.
)
do
hereafter
make
their
personal
Residence
,
and
not
depart
for
England
,
or
other
place
,
without
privity
of
Our
Deputy
,
any
former
Letters
to
the
contrary
notwithstanding
.
And
because
We
resolve
to
have
this
course
constantly
observed
(
if
you
shall
have
notice
of
any
Contemner
of
this
Command
)
Our
Will
and
Pleasure
is
,
That
you
proceed
against
them
in
an
exemplary
way
to
deterr
others
;
And
for
so
doing
,
this
shall
be
your
Warrant
.
My
Lord
of
Strafford
observed
,
That
he
might
well
have
hoped
,
that
this
being
required
by
the
Laws
of
the
Land
,
that
no
man
should
depart
without
Licence
,
but
it
should
be
penal
to
him
,
having
their
own
Articles
,
which
desire
the
same
thing
;
That
by
this
Proclamation
the
That
he
was
not
very
hasty
in
issuing
the
Proclamation
,
(
he
having
no
interest
in
it
,
nor
nothing
to
drive
him
forwards
)
for
tho
His
Majesties
Command
was
,
bearing
date
20
Iune
1634.
yet
the
Proclamation
issued
not
till
Sept.
17.
1635.
And
because
all
he
had
said
,
had
been
turned
on
him
as
a
crime
,
his
Lordship
gave
this
further
Answer
,
That
there
could
be
no
Proclamation
made
by
the
Deputy
alone
,
(
he
being
absolutely
restrained
by
his
Commission
,
not
to
make
a
Proclamation
without
the
Council
)
therefore
he
could
not
be
singular
in
the
fault
,
but
had
the
consent
of
all
the
Kings
Council
;
and
for
instance
,
in
matter
of
Law
,
the
Chief
Justices
are
sitting
at
the
Board
,
to
whom
all
matters
of
Law
are
referred
,
and
they
are
answerable
for
it
;
and
are
so
learned
,
that
they
could
not
do
things
so
frequently
,
without
good
authority
;
and
this
he
offered
in
excuse
of
this
,
and
all
other
Proclamations
,
not
doubting
but
it
was
according
to
the
Laws
and
Customs
of
the
Land
.
And
for
further
satisfaction
,
that
part
of
his
Commission
that
concerned
the
Proclamation
was
read
,
and
in
this
particular
he
desired
leave
to
offer
something
more
with
all
Humility
,
that
tho
none
of
these
were
for
his
justification
,
yet
for
Reasons
of
State
,
this
Restraint
was
most
necessary
;
for
whosoever
goes
over
Deputy
,
while
these
two
great
men
(
to
term
them
no
worse
)
O
Neal
and
Tir-Connel
,
have
Regiments
of
the
most
antient
Irish
Septs
,
serving
the
King
of
Spain
,
under
their
Command
,
it
is
necessary
for
him
to
have
an
eye
upon
them
;
for
if
every
one
might
withdraw
himself
at
pleasure
,
without
giving
an
account
,
it
would
open
all
the
power
and
means
that
possibly
can
be
,
to
distemper
that
State
,
and
certainly
if
that
liberty
might
be
granted
,
he
feared
it
would
produce
sad
events
in
that
Kingdom
.
Moreover
,
if
all
the
Primogeniture
and
Nobility
of
that
Religion
,
should
be
suffered
to
go
over
to
Doway
,
St.
Omer
,
and
the
Jesuites
Colledges
,
it
was
to
be
feared
,
they
should
not
be
so
well
brought
up
for
the
service
of
the
King
and
Common-wealth
,
as
may
be
desired
;
and
therefore
it
was
necessary
,
according
to
the
constitutions
of
that
Kingdom
,
that
they
shall
give
an
account
to
the
Chief
Governor
;
And
it
was
no
other
than
what
is
practised
here
in
England
;
no
man
being
at
liberty
to
goe
hence
into
France
without
Licence
.
And
certainly
,
said
he
,
it
is
an
Account
we
owe
to
the
King
,
and
stands
with
the
Law
of
nature
.
Pater
Familiae
may
take
accompt
of
his
own
Houshold
,
and
the
King
being
the
great
Father
of
the
Common-wealth
,
we
owe
this
Accompt
to
him
;
Therefore
he
conceived
it
can
be
no
great
offence
in
him
,
to
do
this
on
these
grounds
;
and
as
he
recommended
the
prosperity
of
that
Kingdom
,
and
His
Majesties
affairs
there
and
here
,
to
God
,
by
his
Prayers
and
good
desires
;
so
he
wishes
it
might
be
taken
into
good
consideration
,
that
this
may
be
continued
as
a
principal
and
necessary
expedient
,
to
give
His
Majesty
that
account
,
without
which
,
the
Governor
shall
not
be
able
to
take
just
measures
of
things
there
.
His
Lordship
then
observed
,
that
something
had
been
observed
,
that
was
no
part
of
his
Charge
,
and
therefore
presumed
their
Lordships
would
not
expect
an
answer
to
it
,
or
conclude
him
any
way
in
their
Judgement
guilty
of
it
,
since
the
means
of
giving
that
satisfaction
,
which
otherwise
he
should
have
done
,
are
now
taken
away
.
But
when
they
came
to
be
complained
of
in
their
proper
place
,
he
is
ready
to
give
such
an
account
,
as
becomes
a
Just
and
Innocent
man
.
But
that
which
seems
to
be
the
foulest
of
them
,
was
that
concerning
my
Lord
of
Esmond
,
of
which
he
remembred
very
little
;
but
something
darkly
,
and
if
it
appeared
not
as
he
should
say
,
he
was
extreamly
mistaken
;
for
what
he
did
not
know
or
remember
,
he
would
not
speak
of
it
confidently
,
and
in
short
,
the
point
is
this
.
Two
men
swear
that
he
(
the
Lord
of
Strafford
)
denied
liberty
to
my
Lord
of
Esmond
to
come
for
England
,
Aug.
1638.
and
that
he
was
kept
in
Ireland
,
and
could
not
have
Licence
to
come
away
till
April
1639.
His
Lordship
confessed
it
to
be
very
true
,
and
that
he
remembred
my
Lord
of
Esmond
desiring
to
go
over
,
was
stopped
by
him
a
while
,
(
he
being
Sergeant
Mayor-General
of
the
Army
)
the
Army
having
occasion
of
motion
,
and
that
he
was
sure
it
was
much
about
the
time
,
if
his
Memory
failed
him
not
extreamly
,
(
but
when
it
came
to
this
time
,
and
he
had
means
to
produce
witnesses
,
he
hoped
to
make
this
appear
)
besides
,
he
was
mistaken
,
if
he
did
not
very
shortly
after
give
him
a
Licence
,
and
that
he
found
not
occasion
to
make
use
of
it
;
and
if
that
was
was
so
,
all
they
said
was
taken
away
,
for
he
afterwards
finding
it
to
draw
towards
winter
,
laid
aside
the
Licence
till
the
Spring
,
at
Spring
he
asked
it
,
and
had
it
;
but
in
these
things
not
judicially
brought
against
him
,
and
to
which
he
could
not
make
certain
Answers
,
he
hoped
he
might
stand
clear
,
and
unprejudiced
,
till
he
may
answer
positively
for
himself
;
and
then
as
their
Lordships
should
find
him
,
they
might
judge
of
him
:
and
he
should
ever
most
willingly
submit
to
their
Judgements
,
and
abide
it
whatever
it
was
:
And
whereas
the
Witnesse
said
,
my
Lord
of
Esmond
was
hindred
,
because
he
had
no
Commission
to
examine
Witnesses
,
my
Lord
of
Strafford
said
,
he
was
able
to
prove
,
that
a
Bond
was
granted
him
to
examine
Witnesses
.
And
the
Witness
being
accidentally
there
,
his
Lordship
took
notice
of
Gods
providence
from
that
,
and
said
,
God
Almighty
was
willing
to
help
and
assist
him
wonderfully
in
his
Trial
,
and
that
his
Goodness
to
him
in
this
Cause
had
been
a
great
deal
more
than
he
would
trouble
their
Lordships
withal
at
that
time
;
but
he
said
,
he
was
confident
,
God
had
him
in
his
protection
,
and
would
never
forsake
him
;
and
whatsoever
he
should
loose
in
this
world
,
he
would
make
it
up
to
him
in
another
world
.
And
for
this
purpose
Mr.
Riley
was
produced
,
who
being
questioned
,
whether
he
was
imployed
in
suing
out
a
Commission
for
examining
of
witnesses
in
Ireland
,
in
a
Cause
concerning
my
Lord
of
Esmond
,
and
Sir
Peirce
Crosby
?
Mr.
Riley
Answered
,
That
he
was
imployed
as
Clarke
in
the
Cause
,
where
Mr.
Attorney
was
Plaintiff
,
by
Relation
of
my
Lord
Lieutenant
against
my
Lord
of
Esmond
and
Sir
Peirce
Crosby
,
Being
asked
(
on
Mr.
Maynards
motion
)
whether
Sir
Pierce
Crosby
,
or
Mr.
Ralton
being
asked
to
the
same
point
.
He
Answered
,
that
he
remembers
,
that
about
this
time
,
1638
,
or
1639.
Commissions
were
sued
out
in
the
business
,
between
my
Lord
Lieutenant
and
my
Lord
of
Esmond
,
and
Sir
Pierce
Crosby
,
and
that
he
was
very
confident
,
that
my
Lord
of
Esmond
had
the
benefit
of
examining
Witnesses
.
My
Lord
of
Strafford
observed
,
that
these
Gentlemen
stirred
up
those
And
further
,
That
he
conceived
my
Lord
of
Esmond
was
stayed
on
a
complaint
of
Sir
Walsingham
Cokes
,
concerning
a
practice
of
his
,
to
the
endangering
of
Sir
Walsingham's
life
.
And
that
he
was
stayed
upon
that
account
,
to
be
examined
,
and
if
he
(
the
Lord
Strafford
)
was
not
mistaken
)
my
Lord
Esmond
was
,
after
examination
left
at
liberty
;
But
these
things
he
said
,
were
rather
aggravations
of
his
Charge
,
than
within
the
Charge
,
and
therefore
he
humbly
conceived
,
that
in
these
cases
their
Lordships
would
allow
him
liberty
,
and
hoped
the
Gentlemen
will
likewise
allow
it
,
that
so
he
might
satisfie
them
,
their
Lordships
,
and
all
the
world
,
that
he
hath
carried
himself
justly
and
fairly
in
all
these
particulars
;
Also
assuring
himself
,
that
these
Gentlemen
were
willing
he
should
give
the
best
answer
to
all
these
things
he
could
;
And
so
he
would
,
and
that
with
all
respect
and
reverence
to
them
in
the
world
.
The
next
Case
is
my
Lord
Roches
,
and
his
Lordship
conceives
,
that
my
Lord
Roche
himself
gives
a
fair
answer
,
for
he
was
informed
against
him
in
the
Starchamber
,
and
my
Lord
of
Strafford
said
indeed
,
he
remembred
there
was
such
an
occasion
for
it
,
as
he
was
willing
to
forget
it
,
for
that
noble
Gentlemans
Cause
,
and
that
the
complaint
was
of
so
high
a
nature
against
my
Lord
Roche
,
as
he
was
not
willing
to
press
it
,
to
his
prejudice
,
nor
ever
did
,
but
where
there
was
great
reason
:
and
when
he
should
come
to
answer
for
it
(
for
he
imagines
it
is
not
expected
he
should
answer
it
finally
now
,
being
not
within
his
Charge
)
Heaven
should
justifie
him
,
and
shew
that
he
had
reason
to
stay
him
at
that
time
.
The
next
is
Dermond
Mac-Cartyes
:
and
,
the
Cause
of
his
stay
appears
to
be
,
That
he
would
go
abroad
for
his
Breeding
.
Now
if
he
and
such
other
should
go
to
Doway
and
St
Omer
,
he
thinks
their
Lordships
and
the
House
of
Commons
would
have
blamed
him
more
for
giving
him
and
such
persons
leave
,
then
faulted
him
for
restraining
them
:
And
,
had
he
alleadged
,
That
he
intended
to
go
over
to
Complain
of
that
Decree
,
he
would
not
have
hindred
him
;
and
,
to
that
purpose
,
he
hath
Witnesses
,
that
he
never
stayed
any
Man
,
that
pretended
he
would
complain
of
him
.
The
Decree
was
made
by
a
Letter
from
His
Majesty
,
on
a
notable
fraud
of
Mac-Carty
(
the
Father
)
in
the
Case
of
Sir
Iames
Craig
,
and
he
that
Swears
in
it
is
Solicitor
in
the
Cause
,
and
so
not
altogether
so
competent
a
Witness
.
But
,
these
are
all
on
the
by
,
and
come
rather
to
prove
an
Intention
,
then
that
which
is
pressed
on
him
,
as
a
thing
to
which
he
is
properly
and
finally
to
Answer
.
The
next
is
concerning
the
Sentence
of
Mr.
Parry
,
in
which
business
my
Lord
humbly
offered
,
That
no
Testimony
is
yet
produced
,
other
,
than
the
Testimony
of
the
Party
himself
.
Now
,
if
the
Judge
may
be
Convinced
,
and
Condemned
on
the
single
Testimony
of
the
Party
grieved
,
he
knows
no
man
would
willingly
sit
in
Judgment
on
these
Termes
:
and
,
out
of
this
single
Witness
(
being
qualified
with
the
attribute
of
the
party
grieved
)
Must
he
be
Condemned
,
that
was
one
of
the
Judges
?
But
,
as
they
have
Proved
nothing
Judicially
,
that
can
weigh
with
their
Lordships
,
it
will
be
fit
for
him
to
justifie
himself
for
this
Sentence
,
so
far
as
comes
to
his
share
,
for
all
the
whole
Board
consented
to
it
:
And
therefore
he
besought
their
Lordships
,
to
give
him
the
honor
,
To
offer
the
Sentence
given
against
Mr.
Parry
,
wherein
their
Lordships
would
see
the
Reason
,
that
it
was
not
for
departing
without
Licence
,
but
for
great
and
foul
neglects
and
contempts
to
the
Board
.
Mr.
Gibson
Attesting
it
to
be
a
true
Copy
,
the
Decree
of
the
Deputy
and
Council
was
Read
,
being
in
substance
;
WHereas
Henry
Parry
,
one
of
them
who
attended
the
Lord
Chancellor
,
as
his
Lordships
Register-keeper
,
or
Clerk
for
private
Iudicatures
,
and
Keeper
of
the
Books
of
these
Private
Proceedings
,
was
Commanded
to
attend
the
Board
to
be
Examined
;
And
whereas
in
Contempt
thereof
,
he
not
onely
neglected
to
attend
accordingly
,
but
departed
this
Kingdom
,
which
being
represented
to
His
Majesty
,
it
pleased
His
Majesty
to
require
his
return
hither
to
attend
this
Board
;
To
which
end
a
Bond
was
taken
for
his
Appearance
here
the
next
Council-day
,
after
the
12th
of
Aug.
and
whereas
he
was
present
himself
at
this
Board
9th
October
,
1638
,
but
offered
no
Petition
;
as
if
he
disdained
so
far
to
humble
himself
to
this
Authority
;
whereupon
it
ebing
made
known
to
him
,
That
it
became
him
,
in
the
Duty
he
owed
to
the
dignity
of
this
Board
,
to
come
by
Petition
,
as
all
other
Men
:
but
he
forbearing
to
exhibit
his
Petition
,
till
he
was
called
by
us
the
Deputiee
to
do
it
;
and
then
when
he
exhibited
it
,
he
therein
misrecited
his
Offence
;
alleadging
it
to
be
for
his
repairing
to
England
without
Licence
;
Licence
;
whereas
his
Offence
was
,
The
disobeying
the
Orders
of
this
Board
.
Secondly
,
He
laid
a
Tax
on
William
Ralton
Esq
Alleadging
,
That
on
pretence
of
Direction
from
Secretary
Cooke
,
he
took
his
Bond
for
Appearance
here
,
whereas
he
knew
it
was
not
by
any
feigned
direction
,
but
by
appointment
of
Secretary
Cooke
,
by
His
Majesties
Direction
.
Thirdly
;
In
stead
of
humbling
himself
,
he
desired
Cancelling
of
his
Bond
,
and
Dismission
from
attendance
;
and
the
rather
,
because
he
conceived
he
had
not
in
any
degree
transgressed
the
Proclamation
;
cautelously
alledging
that
to
be
his
Offence
,
which
was
not
laid
to
his
Charge
.
And
,
for
as
much
as
his
first
Offence
in
Estoyning
himself
to
shun
the
guilt
whereof
he
was
convinced
;
and
after
his
bold
and
insolent
behaviour
at
this
Board
(
in
answering
plainly
That
he
conceived
the
Command
of
the
Lord
Chancellor
ought
to
free
him
from
the
Command
of
this
Board
)
deserves
such
proceedings
against
him
,
as
may
be
both
Punishment
to
him
,
and
Example
to
others
:
It
is
therefore
Ordered
,
That
he
stand
Fined
in
500
l.
Bound
to
his
Good
Behaviour
;
stand
Committed
to
the
Castle
during
the
Deputies
pleasure
;
and
make
acknowledgment
of
his
Offence
at
this
Board
.
And
,
the
Form
of
his
Submission
is
set
down
,
I
Acknowledge
I
presented
a
Presumptuous
and
Untrue
Petition
,
&c.
Given
30
October
,
1638.
The
Names
of
those
that
Subscribed
it
were
also
Read
.
Whence
my
Lord
of
Strafford
observed
,
That
he
was
not
Sentenced
for
going
without
Licence
,
but
for
other
Causes
;
and
desired
my
Lord
Dillon
,
and
Sir
Adam
Loftus
(
whose
hands
are
to
the
Decree0
might
be
Asked
a
Question
or
two
.
And
first
to
the
business
of
my
Lord
of
Esmond
,
which
had
been
forgot
before
.
Robert
Lord
Dillon
being
asked
,
Whether
he
remembred
any
Charge
Walsingham
Coke
?
whereupon
being
Examined
,
And
,
When
it
was
?
He
Answered
,
That
he
remembred
it
was
about
that
time
,
when
a
Letter
was
written
from
the
Judges
of
Assize
that
went
the
Circuit
of
the
County
of
Wexford
;
and
they
Reported
,
That
they
had
taken
Examinations
:
Whereupon
it
was
mistrusted
,
or
at
least
suggested
,
That
my
Lord
of
Esmond
was
to
set
some
on
to
cut
off
Sir
Walsingham
Coke
;
and
,
this
being
taken
into
consideration
,
it
was
resolved
,
That
till
the
Judges
had
determined
,
Whether
it
was
Treason
,
or
not
,
he
should
be
stayed
for
a
time
;
and
,
as
he
takes
it
,
it
was
Resolved
he
should
be
Advertised
into
England
.
Being
Asked
(
on
Mr.
Maynards
Motion
)
What
time
this
was
?
He
Answered
,
The
Question
is
sudden
to
him
;
but
,
it
was
much
about
the
time
that
my
Lord
of
Esmond
had
been
in
Town
before
;
but
,
he
cannot
expresly
speak
to
the
time
.
But
,
my
Lord
of
Strafford
observed
,
That
the
Complaint
came
from
the
Judges
of
Assize
,
when
they
came
from
the
Circuit
,
and
that
was
alwayes
about
August
.
Lord
Dillon
being
Asked
,
What
year
it
was
?
He
Answered
,
He
cannot
tell
the
year
of
the
Lord
in
Terms
:
but
,
he
remembers
,
it
was
much
about
that
time
when
my
Lord
of
Esmond
was
Questioned
,
and
about
Summer
Circuit
.
My
Lord
of
Strafford
proposing
,
That
my
Lord
Dillon
might
be
Asked
,
What
he
remembred
of
the
Sentence
against
Parry
?
and
,
What
his
behaviour
was
?
To
this
Mr.
Maynard
excepted
,
as
not
proper
to
Examine
the
Judge
,
To
which
my
Lord
of
Strafford
Answered
,
That
it
is
as
equal
the
Judge
that
gives
Sentence
should
be
Examined
,
as
the
party
against
whom
the
Sentence
is
given
.
That
this
is
a
Sentence
for
things
spoken
and
done
at
the
Board
,
which
stands
not
on
such
Niceties
;
but
Contempts
and
Misdemeanors
to
a
Court
are
frequently
determined
,
without
Examination
of
Witnesses
;
and
,
this
is
a
Misdemeanor
done
in
the
place
.
But
,
my
Lord
Dillon
being
spared
from
Answering
,
Sir
Adam
Loftus
was
Examined
,
What
he
knew
of
that
practice
of
my
Lord
of
Esmond
,
against
Sir
Walsingham
Cokes
Life
?
And
when
?
He
Answered
,
That
the
first
time
he
heard
of
it
,
was
,
upon
an
Information
of
the
Judges
of
the
Circuit
to
my
Lord
Deputy
,
then
in
Ireland
,
as
he
takes
it
;
and
,
he
thinks
,
my
Lord
was
not
then
in
Town
,
but
sent
that
Information
to
the
Council
at
Dublin
,
his
Lordship
being
then
at
his
Countrey-house
;
and
therein
,
some
Practice
against
Sir
Walsingham
Coke
,
of
certain
Rebels
and
Outlawes
,
that
had
laid
in
Ambush
near
his
house
,
was
set
forth
;
and
thereupon
that
Letter
was
sent
to
the
Council
to
Consider
of
it
,
and
take
course
for
his
Security
:
That
this
was
not
all
neither
;
for
,
the
Examination
of
a
Rebel
in
the
Castle
,
brought
it
home
nearest
to
my
Lord
of
Esmonds
Case
.
But
,
because
the
Rebel
was
a
Man
of
that
condition
,
it
was
not
thought
his
Testimony
could
be
prevalent
against
my
Lord
of
Esmond
:
therefore
the
other
Witnesses
were
sent
for
to
be
Examined
in
the
Cause
.
Now
,
this
Course
of
Examination
held
a
matter
of
three
weeks
or
a
month
,
or
thereabouts
(
he
doth
not
well
know
the
time
)
but
,
these
Men
not
concurring
with
the
Testimony
of
the
Rebel
,
in
Restraint
,
there
was
no
words
made
of
it
;
but
my
Lord
of
Esmond
was
dismissed
,
and
left
to
take
his
own
Course
.
The
time
was
,
as
he
takes
it
,
in
the
Summer
Assizes
,
1637
,
or
1638
,
he
knows
not
which
:
And
this
is
the
truth
,
and
all
he
knows
of
the
business
.
Whence
my
Lord
of
Strafford
Inferred
,
That
being
under
that
Charge
Mr.
Maynard
desiring
their
Lordships
to
observe
,
that
my
Lord
of
Strafford
Explained
himself
thus
;
That
he
thought
so
,
or
very
shortly
after
:
And
added
,
That
the
Gentleman
is
very
quick
with
him
,
being
a
Man
of
great
understanding
,
and
himself
a
weak
Man
.
But
,
that
he
means
very
justly
,
and
would
not
be
taken
in
an
Untruth
;
and
said
,
That
he
hath
a
Servant
that
was
with
him
,
when
my
Lord
of
Esmonds
Agent
came
to
him
,
at
his
House
in
the
Countrey
;
And
desired
,
he
might
be
Asked
,
What
Answer
he
gave
him
?
Francis
Wetheringe
being
Asked
,
What
he
knew
concerning
my
Lord
of
Straffords
giving
of
Licence
to
my
Lord
of
Esmond
?
He
Answered
,
That
he
remembers
very
well
that
the
Gentlemen
were
Being
Asked
,
What
Month
it
was
?
He
Answered
,
He
could
not
very
well
remember
,
but
it
was
the
latter
end
of
Summer
as
he
thought
.
Mr.
Ralton
being
Asked
,
Whether
the
business
of
my
Lord
of
Esmond
,
Walsingham
Coke
,
were
not
Advertized
over
hither
?
He
Answered
,
That
he
doth
very
well
remember
the
business
(
he
being
then
Agent
for
my
Lord
Lieutenant
.
)
That
in
one
of
his
Letters
,
or
the
Councils
,
Advertisement
was
given
of
this
practice
against
Sir
Walsingham
Coke
;
and
,
as
he
takes
it
,
was
in
Sept.
1638.
or
thereabouts
;
and
that
my
Lord
was
pleased
to
do
him
(
the
said
Mr.
Ralton
)
the
favour
,
to
give
him
some
passages
of
it
.
Therefore
my
Lord
of
Strafford
desired
,
These
things
might
not
stick
For
the
Remonstrance
of
the
House
of
Commons
in
Ireland
,
it
is
no
Evidence
,
but
a
Charge
to
call
him
to
Accompt
rather
,
than
to
Condemn
him
or
Judge
him
by
:
For
,
it
is
the
Remonstrance
of
the
Commons
House
,
that
have
not
power
to
give
an
Oath
,
and
so
may
be
easily
misinformed
,
when
they
want
a
Meanes
to
try
out
the
Truth
.
But
,
for
the
Great
Fees
exacted
for
these
Licences
;
Here
are
two
of
his
Secretaries
imployed
in
this
business
,
whom
his
Lordship
desired
might
be
Examined
,
What
Fees
they
demanded
,
and
had
in
this
particular
?
He
added
,
That
he
durst
say
,
Thousands
that
went
over
without
Licence
were
never
question'd
for
it
:
nor
any
,
but
where
there
was
Cause
;
as
,
in
Case
a
Man
was
ill-affected
,
and
then
he
was
looked
after
.
Mr.
Slingsby
being
Asked
about
the
Fees
for
Licences
?
He
Answered
,
They
did
give
the
Clerks
directions
never
to
demand
Mr.
Little
being
Asked
to
the
matter
of
Fees
?
He
Answered
,
That
he
Charged
his
servant
still
to
demand
no
Fees
And
then
my
Lord
of
Strafford
added
,
That
he
had
now
gone
over
all
the
And
thus
his
Lordship
concluded
his
Defence
.
ARTICLE
XVI
.
REPLICATION
.
Mr.
Palmer
Replyed
thereunto
in
substance
as
followeth
;
THat
my
Lord
of
Strafford
,
in
the
Preamble
of
his
Defence
,
hath
made
That
it
hath
been
fully
proved
,
How
he
Assumed
to
himself
,
out
of
the
ordinary
Jurisdiction
,
Causes
to
be
heard
before
himself
,
on
Paper
Petitions
,
which
,
how
grosly
he
hath
determined
,
their
Lordships
have
heard
:
And
,
whether
this
be
not
an
Interruption
to
legal
proceedings
,
he
submitted
to
their
Lordships
,
and
also
left
them
to
Judge
how
contrary
it
was
to
this
Profession
of
my
Lord
of
Strafford
.
To
the
Matter
of
the
Defence
,
viz.
That
these
Particulars
were
not
complained
of
;
Mr.
Palmer
Answered
,
It
is
true
,
There
is
no
particular
Complaint
To
the
Reasons
of
his
Propositions
,
Mr.
Palmer
observed
,
they
were
,
viz.
Because
he
was
responsible
for
the
Justice
of
the
place
;
and
therefore
good
reason
his
Integrity
should
be
tried
before
any
Complaints
came
:
The
Officers
and
Ministers
of
Justice
should
not
be
drawn
from
thence
on
every
Complaint
,
where
they
might
have
redress
at
their
own
doors
.
These
are
fair
shows
,
and
something
must
be
said
to
induce
His
Majesties
Allowance
;
and
,
as
much
as
Art
and
Skill
could
invent
to
prevent
the
Subjects
access
to
their
Sovereign
with
Complaints
of
Injustice
and
Oppression
;
It
must
have
a
great
deal
of
Wit
and
Art
to
colour
it
,
and
so
he
uses
it
:
Their
Lordships
cannot
expect
it
from
him
,
nor
will
their
Lordships
expect
it
in
the
Proofs
,
that
he
should
tell
His
Majesty
he
doth
all
this
,
that
they
may
not
complain
of
Injustice
and
Oppression
,
for
this
is
a
hard
thing
to
be
done
;
But
,
the
thing
it self
showes
for
what
end
he
obtained
it
,
his
many
Acts
of
Injustice
prove
,
Quo
obtentu
,
this
Proposition
was
gotten
;
If
this
had
been
gotten
on
the
fair
grounds
pretended
,
then
,
upon
Complaints
here
,
His
Majesty
,
in
consideration
of
them
,
had
had
it
in
his
own
power
,
to
have
referred
them
back
to
Ireland
,
if
they
were
misinformed
;
but
,
meanes
were
used
that
they
should
not
come
to
the
King
,
the
Barr
was
laid
with
the
Secretaries
,
and
Masters
of
Requests
,
that
His
Majesty
should
,
by
no
means
know
,
as
to
consider
of
the
fitness
,
or
unfitness
of
them
.
For
the
Matter
of
the
Judges
and
Ministers
being
withdrawn
;
it
is
true
,
they
were
most
likely
to
be
complained
of
;
but
,
when
they
cannot
be
complained
of
but
to
my
Lord
of
Strafford
,
this
draws
a
great
Dependence
on
him
,
and
makes
them
amenable
to
his
Will.
As
,
in
the
Sentences
wherein
they
concurred
,
and
whereby
he
would
justifie
himself
.
Again
,
the
discouraging
of
Complaints
in
this
Proposition
,
and
the
Arguments
used
to
His
Majesty
,
provided
a
Punishment
for
Clamorous
Complaints
;
so
,
that
they
,
which
had
Cause
of
Complaint
,
being
terrified
with
a
Punishment
(
though
they
were
not
Clamorous
)
might
now
be
made
appear
to
be
so
.
For
the
Authorities
whereby
he
justifies
this
Proclamation
.
First
,
He
insists
on
the
Lawes
of
that
Kingdom
,
that
by
the
Law
they
could
not
depart
the
Realm
,
and
that
by
an
Implication
25
H.
6.
But
,
Mr.
Palmer
observed
,
that
that
is
no
Prohibition
of
coming
out
of
Ireland
;
but
,
if
any
Liege
man
,
&c.
shall
,
by
the
Kings
Command
,
depart
the
Realm
,
his
Lands
should
not
be
seized
;
and
,
the
only
inference
can
be
,
That
if
others
went
without
License
,
their
Lands
might
be
seized
,
but
not
that
their
persons
might
be
restrained
from
coming
without
Licence
.
There
were
such
Provisions
and
Ordinances
in
Ireland
,
to
which
the
Instructions
following
,
and
His
Majesties
Letter
had
Reference
;
That
those
persons
that
had
great
Possessions
in
Ireland
,
in
time
of
Discord
,
were
to
be
resident
upon
their
Land
Personally
,
so
that
their
Land
might
be
maintained
against
Incursions
.
And
,
this
is
plain
,
by
a
Statute
28
H.
8.
Ca.
3
Reciting
the
Inconvenience
from
those
they
call
Absentees
;
That
is
,
that
having
large
Possessions
by
Descent
,
or
Graunt
,
did
Demurre
in
England
,
and
left
those
possessions
unsafeguarded
;
and
,
by
this
means
,
the
Lands
(
which
His
Majesty
had
been
at
great
Cost
in
Conquering
)
were
regained
by
the
Irish
,
and
therefore
there
was
a
Penalty
on
those
Lands
;
and
,
it
is
provided
,
that
the
King
shall
be
Entituled
to
the
Duke
of
Norfolkes
Land
for
that
cause
:
But
,
here
is
only
a
Provision
that
the
Lands
should
be
safeguarded
,
but
not
that
the
Subject
should
not
resort
to
the
Kings
Majesty
,
for
redress
of
Grievances
and
Oppressions
,
and
that
is
in
the
Charge
against
my
Lord
of
Strafford
.
For
the
Instructions
of
May
,
1628
,
on
a
Petition
by
the
Inhabitants
;
the
Petition
was
,
That
they
might
make
personal
Residence
at
least
half
a
year
;
but
,
that
related
to
Undertakers
,
and
others
that
have
Lands
and
Offices
there
,
and
so
was
for
the
same
purpose
that
the
Lands
should
be
safeguarded
:
But
certainly
,
there
is
great
difference
between
Residence
,
and
Restraining
a
Resort
hither
to
make
Complaint
to
His
Majesty
:
It
is
true
,
there
should
be
a
Residence
,
they
were
not
to
depart
without
Licence
;
but
,
if
they
had
Temporary
occasions
,
or
Reasons
of
Complaint
,
it
is
not
against
the
Instructions
that
Licences
should
be
deny'd
.
My
Lord
insists
on
this
,
that
it
is
the
Law
of
the
Land
,
and
agreeable
to
the
Laws
of
this
Land
,
and
he
would
willingly
bring
the
Laws
of
this
Land
into
Ireland
.
But
,
under
favour
,
the
Laws
of
this
Land
are
not
so
;
It
is
no
offence
,
or
Contempt
for
any
Subject
,
to
depart
this
Land
without
Licence
:
Our
Books
are
so
.
The
Statute
5
R.
2.
did
provide
,
that
none
should
depart
without
License
(
a
general
Prohibition
)
except
they
were
Lords
and
good
Merchants
:
Therefore
,
by
the
Law
,
(
before
that
Statute
was
)
any
Man
might
depart
without
License
;
and
,
that
Statute
is
since
Repealed
,
by
a
Statute
made
4
Iac.
So
that
by
the
Common
Law
of
England
the
passage
is
open
again
;
and
,
it
is
no
offence
at
all
to
depart
without
Licence
.
It
is
true
,
His
Majesty
may
restrain
by
a
Ne
exeat
Regno
,
&c.
or
by
a
Proclamation
on
special
Causes
,
but
till
then
the
passage
is
open
,
and
they
may
depart
by
the
Law
of
the
Land
,
and
the
Penalty
is
only
in
the
Case
of
the
Absentees
.
My
Lord
alledges
the
Kings
Letter
;
There
is
as
much
skill
as
can
be
for
a
Defence
,
The
Proclamation
reciting
these
Letters
,
and
the
Instructions
.
But
,
the
grounds
are
false
:
for
,
that
which
is
appliable
to
a
Residence
for
Defence
,
my
Lord
makes
a
ground
to
restrain
all
kind
of
Resort
.
My
Lord
takes
notice
of
his
Moderation
,
in
Executing
the
Kings
Letter
,
in
respect
of
the
distance
of
time
,
between
the
Letter
,
Ianuary
1634
,
and
the
Proclamation
,
Sept.
1635.
If
it
had
been
a
Service
to
His
Majesty
,
it
should
have
been
speeded
sooner
;
It
was
a
disservice
in
being
so
long
delayed
,
if
the
matter
required
it
;
but
,
there
was
something
else
;
It
was
not
fit
for
my
Lords
opportunity
till
then
;
and
,
when
it
was
fit
he
publish'd
it
,
and
not
before
.
My
Lord
deserting
his
Justification
by
the
Proclamation
,
as
a
Temporary
Law
(
as
he
may
,
for
Proclamations
be
not
Temporary
Laws
,
in
case
they
be
against
Law
,
but
Publication
of
Lawes
.
)
Now
,
he
insists
on
this
,
That
by
his
Commission
he
himself
hath
not
power
to
publish
Proclamations
,
but
by
advice
of
others
;
So
the
power
is
not
in
himself
alone
,
for
he
had
the
Concurrence
of
other
Counsellors
joyned
with
him
.
Mr.
Palmer
desired
their
Lordships
to
observe
his
own
Answer
;
and
,
the
Reason
,
why
that
Unreasonable
allowance
was
got
,
which
is
,
That
he
is
Responsible
for
the
Justice
of
that
place
;
and
,
if
he
be
so
,
he
takes
but
their
Concurring
with
him
;
in
a
thing
so
much
against
Law
,
it
may
make
it
an
Offence
in
them
,
it
cannot
extenuate
his
Offence
.
He
insists
on
a
necessity
of
this
,
that
it
is
fit
for
that
Kingdom
,
and
wishes
it
might
be
so
continued
;
and
that
in
several
respects
;
in
respect
of
O
Neale
,
and
Tirconnel
,
and
the
Rebels
that
adhere
to
them
;
and
that
it
might
be
dangerous
,
if
those
in
Ireland
should
go
out
at
their
pleasure
.
Indeed
,
if
their
Resort
were
thither
,
it
were
true
;
But
,
the
Commons
having
offered
nothing
,
but
their
Request
to
come
into
England
,
where
there
is
no
O
Neale
,
nor
Tirconnel
,
to
Complain
to
the
King
of
Oppressions
:
and
,
however
my
Lord
of
Strafford
doth
conceive
it
fit
in
Ireland
,
their
Lordships
hear
by
the
Remonstrance
,
what
Just
Fears
they
apprehended
;
It
is
an
Innovation
brought
on
them
,
which
was
never
on
their
Ancestors
from
the
time
of
Henry
the
Second
.
The
next
thing
was
his
Demeanor
in
the
Execution
of
this
Proclamation
;
Then
he
made
that
General
Protestation
,
That
these
particulars
were
not
Complained
of
.
To
which
Mr.
Palmer
said
,
He
must
Answer
as
before
.
My
Lord
hath
put
it
in
Issue
,
That
he
never
did
deny
Licence
,
which
casts
the
Commons
on
Proof
,
That
that
in
particular
hath
been
deny'd
.
The
Case
of
my
Lord
of
Esmond
is
observed
to
be
in
time
,
1638.
And
whereas
it
is
said
,
A
License
was
deny'd
,
because
there
was
some
Charge
against
him
,
of
practising
against
Sir
Walsingham
Cook
.
This
needs
no
other
Answer
,
but
what
Sir
Adam
Loftus
has
given
,
That
the
business
was
continued
in
Examination
no
longer
than
three
weeks
,
or
thereabouts
,
and
was
then
dismist
;
whereas
the
Denyal
continued
longer
.
But
,
if
it
be
truely
informed
,
This
demand
of
Licence
to
come
over
was
in
August
;
the
Information
came
not
till
September
after
:
so
that
the
Information
cannot
be
applyed
to
avoid
the
Denyal
of
the
License
.
Torky
being
Asked
the
time
of
year
the
Summer
Assizes
used
to
be
in
He
Answered
,
That
he
hath
observed
them
,
since
his
knowledge
of
that
Kingdom
,
to
be
in
September
for
the
County
of
Wexford
.
Whence
Mr.
Palmer
Inferred
,
That
if
the
Petition
were
in
August
,
the
Assizes
in
September
,
this
could
be
no
Reason
,
why
in
August
an
Information
in
September
should
be
the
Cause
of
denying
the
License
.
My
Lord
sayes
afterwards
,
He
did
give
him
a
License
;
but
your
Lordships
may
remember
,
it
was
not
till
the
opportunity
was
past
of
examining
Witnesses
.
And
,
whereas
it
hath
been
said
,
in
Answer
,
That
my
Lord
of
Esmond
did
joyn
,
and
Riley
was
produced
;
yet
Riley
sayes
,
There
were
two
Defendants
,
Sir
Pierce
Crosby
,
and
my
Lord
Esmond
;
and
,
for
whom
the
Commission
was
,
he
cannot
tell
:
And
,
if
there
were
a
Commission
,
it
is
very
ordinary
to
have
more
then
one
;
and
,
if
it
be
desired
,
a
second
is
just
as
the
first
.
Mr.
Ralton
sayes
,
he
is
confident
there
was
a
Commission
:
if
there
was
so
,
Why
is
not
that
Record
produced
?
The
next
particular
was
my
Lord
Roche
,
and
the
Answer
to
that
is
,
That
there
was
an
Information
against
him
in
the
Starchamber
.
It
is
true
,
but
that
had
ceased
half
a
year
before
he
desired
a
License
,
and
therefore
could
not
be
a
cause
to
hinder
a
Licence
.
For
Dermond
Mac-Carty
it
is
said
,
his
Petition
was
for
liberty
to
go
over
for
breeding
,
and
therefore
he
might
go
to
Doway
or
St.
Omer
.
&c.
But
their
Lordships
might
observe
this
Petition
was
to
come
into
England
,
and
the
occasion
was
his
Relation
to
that
Suit
,
and
that
is
conceived
the
cause
of
denying
that
Licence
;
for
my
Lord
could
not
but
know
that
Mac-Carty
had
relation
to
the
suit
before
him
,
which
was
decreed
after
a
double
dismission
,
and
it
is
no
Exception
that
the
Witness
is
his
Sollicitor
in
the
Cause
:
It
is
ordinary
that
the
Sollicitor
be
admitted
a
Witness
,
and
the
best
Witness
in
Courts
of
Justice
.
And
to
answer
that
fully
and
clearly
,
it
shall
appear
,
that
this
very
thing
is
assigned
by
Secretary
Little
,
to
be
the
reason
why
he
should
not
go
over
,
that
he
might
not
complain
of
his
suit
,
and
a
Witness
did
depose
to
that
effect
.
Iohn
Meaugh
bein
sworn
and
Interrogated
to
the
Cause
of
denying
the
said
Licence
.
He
Answers
,
That
he
went
to
Dublin
with
Mac-Carty
the
Son
,
with
the
Petition
,
and
that
Secretary
Little
took
the
Petition
in
his
hand
,
and
said
,
Are
not
you
Mac-Carty's
Son
?
Yes
said
he
.
And
you
intend
to
go
and
complain
against
the
Order
my
Lord
conceived
against
your
Father
?
No
indeed
,
sayes
he
,
I
do
not
;
Sayes
the
Secretary
,
I
will
take
your
Petition
and
deliver
it
to
my
Lord
,
and
I
believe
my
Lord
will
not
grant
your
Request
,
and
they
left
the
Petition
and
went
out
.
A
little
after
,
a
kinsman
of
his
,
the
Deputies
Master
,
Sir
Valentine
Brown
said
to
him
,
the
Son
,
I
have
heard
my
Lord
hath
granted
your
Request
in
your
Petition
;
so
they
came
to
the
place
to
receive
the
Petition
,
and
this
is
the
Petition
shewed
their
Lordships
,
when
his
,
the
Deputies
Master
saw
the
Petition
,
he
would
not
take
it
.
Take
notice
Gentlemen
,
saith
Mr.
Little
,
what
Charge
he
hath
,
and
if
he
doth
any
thing
to
the
contrary
,
let
it
be
on
his
peril
;
so
they
took
the
Petition
,
and
went
away
.
Against
Parries
Testimony
;
First
,
my
Lord
says
,
he
is
a
single
Witness
,
The
Remonstrance
he
says
,
is
only
a
Charge
,
but
it
is
the
Declaration
and
Voice
of
all
the
People
,
of
sufficient
credit
,
to
represent
their
grievances
,
what
they
conceive
to
be
their
true
Liberty
,
and
how
they
have
used
it
ever
since
the
time
of
H.
2.
Which
is
,
that
they
should
have
redress
for
grievances
,
which
is
no
other
than
the
Common-Law
;
That
the
Subject
should
have
free
Access
to
the
Sovereign
.
His
last
is
,
That
there
is
nothing
of
Treason
in
this
:
And
to
this
the
same
Answer
is
given
,
as
to
all
the
rest
,
which
are
not
individual
Treasons
.
The
Multiplication
of
Acts
,
all
containing
something
in
them
of
an
Arbitrary
power
,
conclude
,
as
effects
from
the
cause
,
from
whence
this
proceeds
.
And
this
thing
is
not
so
petty
as
my
Lord
makes
it
,
to
deny
the
Access
of
the
Subject
to
their
Sovereign
;
and
tho
it
be
allowed
by
His
Majesties
Letter
and
Instructions
,
yet
these
being
obtained
by
himself
,
make
it
worse
,
he
taking
so
Sovereign
a
Power
,
that
Non
sentit
parem
,
nec
superiorem
.
Mr.
Palmer
instanced
in
that
great
Case
of
the
Marquis
of
Dublin
,
that
had
the
Dominion
of
Ireland
granted
him
,
he
had
Merum
&
maximum
Imperium
,
under
the
Broad
Seal
,
and
his
Patent
passed
in
Parliament
,
yet
it
was
one
of
the
Articles
charged
on
him
,
for
it
tended
to
the
Severance
of
the
Allegiance
of
the
People
from
their
King
.
In
the
next
Article
their
Lordships
shall
hear
his
demeanor
to
those
of
the
Scotch
Nation
.
Mr.
Maynard
desired
to
add
a
word
to
what
had
been
said
;
First
,
My
Lord
says
,
that
the
particulars
are
not
in
the
Charge
,
but
that
is
a
mistake
,
for
this
Case
of
Parry
is
particularly
charged
,
and
divers
others
;
it
is
true
,
the
rest
are
general
,
but
this
is
particular
,
so
the
Charge
is
good
in
that
.
And
whereas
my
Lord
had
endeavoured
to
justifie
this
by
Law
.
Mr.
Maynard
observed
,
That
they
do
not
lay
the
point
upon
that
,
how
far
the
Subject
may
be
restrained
in
that
particular
:
but
here
is
the
sting
of
my
Lord
of
Strafford's
proceedings
,
he
takes
this
(
be
it
lawful
or
unlawful
)
to
prevent
the
Complaints
which
might
be
brought
to
His
Majesty
against
his
Injustice
,
for
he
hath
done
all
that
tothis
people
:
now
an
ill
intent
may
make
that
ill
which
in
it self
otherwise
will
not
be
ill
;
and
he
besought
their
Lordships
to
take
this
into
consideration
,
what
a
miserable
condition
the
Subjects
of
Ireland
are
in
,
when
there
are
never
so
great
grievances
laid
on
them
,
yet
they
cannot
complain
,
and
no
complaint
can
be
received
,
unless
he
that
oppresses
them
,
gives
them
leave
so
to
do
,
and
when
their
oppressions
ri●
so
high
,
when
shall
he
give
them
leave
?
My
Lord
▪
of
〈◊〉
says
,
Thousands
have
come
,
yea
many
he
is
sure
,
that
have
not
been
punished
nor
questioned
.
Whence
Mr.
Maynard
observed
.
That
it
is
ill
▪
l●k
that
the
oppressed
are
always
punished
,
others
may
go
without
punishment
;
but
it
falls
out
unhappily
,
That
they
that
have
Complaints
against
him
,
are
the
men
that
are
restrained
,
and
it
may
not
be
thought
that
they
will
bear
a
Complaint
sometimes
,
that
they
may
seek
a
better
opportunity
,
when
they
shall
see
such
examples
;
that
is
,
one
Fined
for
exhibiting
a
Petition
,
and
saying
,
that
is
untrue
;
when
against
another
,
an
Information
that
hath
laid
dead
halfe
a
year
,
shall
be
quickened
upon
that
occasion
,
and
they
must
be
punished
more
,
that
are
more
oppressed
,
as
in
the
Case
of
my
Lord
of
Esmond
.
And
whereas
my
Lord
of
Strafford
says
,
he
never
punished
any
,
where
there
was
Complaint
before
.
Mr.
Maynard
besought
their
Lordships
to
observe
,
that
it
is
point
blank
contrary
to
the
Evidence
,
and
Oath
before
their
Lordships
;
for
in
that
particular
Case
of
Mac-Carty
,
there
were
two
Dismissions
:
It
is
true
,
the
Merits
of
the
Causes
are
not
proper
to
be
offered
,
but
there
is
cause
to
take
Confidence
,
that
where
it
is
called
a
fraud
on
Mac-Carty's
part
,
when
it
is
examined
,
it
will
be
a
very
heavy
oppression
.
And
whereas
it
hath
been
said
by
way
of
Justification
(
mitigation
at
least
)
that
there
hath
been
no
Fees
taken
for
Licences
,
but
such
as
were
given
voluntarily
,
except
in
case
of
Officers
of
the
State
,
or
the
Army
;
proof
was
offered
,
that
Mr.
Little
that
takes
on
him
to
swear
for
himself
or
his
fellows
,
tho
he
did
not
know
whether
it
were
or
no
,
hath
denyed
Licence
without
Fees
;
and
that
certain
Fees
were
demanded
,
shall
be
made
appear
.
Whereupon
Richard
Wade
being
Interrogated
,
whether
Fees
were
He
Answered
,
That
for
Fees
for
my
Lord
of
Esmond's
Licence
,
he
was
demanded
24
or
25
s.
Patrick
Gough
being
asked
to
that
point
.
He
Answered
,
That
he
remembers
he
hath
taken
Licences
twice
or
thrice
for
my
Lord
Viscount
Mountgomery
,
and
for
every
one
of
them
paid
25
s.
and
for
three
of
his
servants
25
s.
and
that
those
were
demanded
,
for
he
(
the
Deponent
)
would
have
given
less
if
they
would
have
taken
less
,
and
that
these
were
demanded
by
Secretary
Littles
Servants
.
Mr.
Glyn
desired
one
word
more
,
and
the
rather
,
said
he
,
because
it
That
his
Propositions
were
made
,
and
entred
at
the
Council-Table
,
here
he
aggravates
his
offence
,
and
Mr
,
Glyn
did
thus
illustrate
it
;
That
if
a
man
come
to
him
,
and
desire
leave
to
lye
in
his
House
,
if
he
gives
the
party
leave
,
and
he
by
that
means
takes
occasion
to
betray
him
,
or
to
commit
Felony
,
or
steal
his
Goods
,
That
leave
was
well
given
,
but
it
aggravates
the
others
offence
,
when
he
doth
mischief
to
him
that
lodged
him
.
So
my
Lord
of
Strafford's
Proposition
was
fair
,
but
if
their
Lordships
observe
the
subsequence
of
it
,
that
he
might
exercise
his
Power
,
and
leave
the
Subject
without
means
of
redress
,
but
they
must
come
to
himself
for
it
.
Mr
Glyn
further
said
,
he
thinks
,
had
he
suffered
under
his
hands
after
the
example
of
my
Lord
Mountnorris
,
he
should
be
loth
to
say
to
his
face
,
he
would
complain
.
An
Act
of
Parliament
he
produces
for
his
Justification
,
which
is
plainly
against
him
,
for
it
shews
there
were
some
that
held
Lands
there
by
tenure
,
and
if
they
were
not
resident
they
forfeited
;
Then
comes
the
Act
and
says
,
That
those
whom
the
King
commands
to
be
absent
,
they
shall
not
forfeit
,
which
shows
they
had
a
personal
Power
without
Licence
;
so
that
the
very
Law
produced
,
is
expresly
against
him
,
and
there
Lordships
may
see
by
his
own
Proposition
,
the
occasion
of
his
introducing
this
Letter
.
And
Mr.
Glyn
concluded
,
That
he
supposes
that
my
Lord
of
Strafford
hath
made
no
answer
to
that
.
And
so
the
16th
Article
was
finished
,
and
the
17th
and
18th
being
for
the
present
set
aside
,
the
Committee
that
managed
the
Evidence
,
proceeded
to
the
19th
Article
.
THE
Nineteenth
Article
.
The
Charge
.
19.
That
the
said
Earl
having
Taxed
and
Levied
the
said
Impositions
,
October
,
Ann.
Dom.
1639.
He
Fined
Henry
Steward
and
his
Wife
,
who
refused
to
take
the
said
Oath
,
5000
pounds
apiece
;
and
their
two
Daughters
,
and
James
Gray
,
3000
pounds
apiece
,
and
imprisoned
them
for
not
paying
the
said
Fines
.
The
said
Henry
Steward
,
his
Wife
and
Daughters
,
and
James
Gray
,
being
the
Kings
Liege
people
of
the
Scotish
Nation
,
and
divers
others
he
used
in
like
manner
;
and
the
said
Earl
upon
that
occasion
did
declare
,
that
the
said
Oath
did
not
only
oblige
them
in
point
of
Allegiance
to
His
Majesty
,
and
acknowledgement
of
his
Supremacy
only
,
but
to
the
Ceremonies
and
Government
of
the
Church
established
,
and
to
be
established
by
His
Majesties
Royal
Authority
;
and
said
,
That
the
refusers
to
obey
,
he
would
prosecute
to
the
Blood
.
Mr.
Whitlock
proceeded
to
open
the
19th
Article
,
setting
forth
in
substance
as
followeth
.
THAT
the
next
Article
in
which
they
shall
proceed
,
to
make
good
the
Impeachment
of
all
the
Commons
of
England
against
my
Lord
of
Strafford
is
the
19th
Article
.
That
their
Lordships
have
heard
his
demeanor
to
the
Subjects
of
the
Irish
Nation
;
what
power
he
exercised
over
their
Liberties
,
their
Properties
,
their
Lives
.
That
he
used
His
Majesties
Subjects
of
Scotland
in
the
same
manner
,
exercising
an
unlawful
power
over
their
consciences
,
by
imposing
a
new
and
unlawful
Oath
on
such
of
them
as
lived
in
Ireland
.
That
the
Kings
Subjects
of
the
Scotish
Nation
,
have
the
same
benefit
of
protection
from
His
Majesty
and
His
Laws
,
as
his
other
Subjects
have
;
since
they
are
bound
to
the
same
Allegiance
,
to
the
same
Obedience
,
and
therefore
what
ought
not
to
be
done
to
any
other
of
the
King's
Subjects
,
ought
not
to
be
done
to
them
.
That
a
new
Oath
cannot
be
imposed
,
without
Assent
of
a
Parliament
yet
my
Lord
of
Strafford
is
pleased
to
enjoyn
this
Oath
,
to
contrive
it
,
to
threaten
them
that
desired
to
consider
of
it
;
he
sends
forth
Commissions
,
to
the
Gentry
in
the
Countrey
to
tender
it
,
and
such
as
refused
were
brought
up
by
Pursivants
and
Officers
to
Dublin
,
and
committed
to
Prison
,
and
divers
of
them
,
rather
than
they
would
take
this
Oath
,
were
fain
to
forsake
their
Families
,
their
Estates
,
and
Lands
,
and
fly
away
,
and
were
exiled
the
Kingdom
.
That
the
Charge
,
particularly
mentioning
the
sentencing
of
Henry
Stuart
his
Wife
,
and
two
Daughters
,
and
one
Iames
Gray
,
above
the
age
of
16.
who
for
refusing
this
Oath
,
were
Fined
,
Stuart
himself
5000
l.
his
Wife
3000
l.
his
Daughters
3000
l.
apiece
,
and
Iames
Gray
as
much
;
and
in
their
Sentence
my
Lord
was
pleased
to
declare
himself
so
bitter
against
that
Nation
,
and
so
much
resolved
,
that
this
Oath
should
be
taken
by
all
of
them
(
though
against
Law
)
That
he
publiquely
said
,
That
those
who
refused
to
take
the
Oath
,
he
would
prosecute
to
the
Blood
.
That
the
Scotch
Nation
were
Rebels
and
Traitors
,
and
that
if
His
Majesty
should
please
to
send
him
back
to
the
Government
of
Ireland
(
he
being
then
to
come
into
England
)
he
would
root
out
the
Scotish
Nation
root
and
Branch
.
And
further
,
did
declare
,
That
this
Oath
thus
enjoyned
,
did
bind
to
the
Ceremonies
of
the
Church
,
not
only
those
that
were
establish'd
,
but
such
as
were
to
be
established
:
so
that
the
Oath
had
some
affinity
with
the
Oath
in
this
Kingdom
,
not
long
since
.
Sir
Iames
Mountgomery
being
Interrogated
,
what
he
knew
concerning
the
contriving
and
imposing
of
the
said
Oath
?
He
Answered
,
That
he
was
very
unwilling
to
give
any
Testimony
in
this
particular
,
because
he
knows
there
is
a
Petition
for
this
Oath
,
to
which
Petition
his
hand
is
among
others
,
and
therefore
some
perchance
,
who
doe
not
know
the
passage
of
the
business
,
may
think
there
was
a
discordance
,
and
a
disagreement
between
the
Instrument
under
his
hand
,
and
the
Testimony
he
must
give
,
being
put
to
it
upon
Oath
,
but
he
hopes
there
shall
none
appear
when
he
hath
spoken
.
That
in
April
(
as
he
remembers
)
1639.
My
Lord-Lieutenant
,
then
Lord-Deputy
,
did
write
down
Letters
to
the
most
part
of
all
the
Noblemen
and
Gentlemen
of
the
Scotish
Nation
,
dwelling
in
Ireland
,
(
in
the
Province
of
Ulster
especially
)
amongst
whom
the
Deponent
received
one
Letter
himself
,
and
he
was
required
by
that
Letter
(
as
the
rest
,
whose
Letters
were
to
one
effect
)
to
repair
to
Dublin
,
27
April
as
he
remembers
,
that
his
Lordship
might
confer
with
them
about
some
affairs
,
that
did
concern
His
Majesties
special
service
,
and
therefore
they
were
required
not
to
fail
to
be
there
that
day
.
That
thither
they
came
,
and
being
come
,
my
Lord
Viscount
Mountgomery
being
not
well
in
his
health
,
having
got
a
cold
in
his
journey
,
the
said
Lord
Viscount
sent
to
excuse
himself
to
my
Lord
Deputy
,
that
he
was
not
able
to
come
abroad
for
a
day
or
two
;
and
my
Lord
Deputy
sent
him
word
he
would
come
to
his
Lodging
,
and
gave
warning
to
the
rest
of
the
Gent.
to
meet
his
Lordship
there
the
next
day
at
two
of
the
clock
;
that
there
they
did
all
come
,
and
there
were
the
Bishops
of
Down
and
Raffo
,
and
some
others
of
the
Clergy
;
And
being
met
,
my
Lord
Deputy
came
thither
and
told
them
,
he
was
there
as
their
friend
,
to
acquaint
them
with
some
things
that
did
much
concern
them
,
and
to
give
them
his
advice
;
He
did
then
tell
them
of
great
disorders
in
Scotland
,
of
great
jealousies
raised
against
them
,
and
that
they
who
were
present
,
might
possibly
be
favourers
,
or
furtherers
of
those
distempers
;
but
he
added
,
that
he
hoped
better
of
them
:
however
,
that
it
behoved
them
to
do
something
to
vindicate
themselves
from
this
aspersion
;
and
that
they
should
offer
it
freely
of
themselves
,
and
not
stay
till
it
were
imposed
by
Authority
.
That
he
did
insist
further
in
his
Speech
,
and
insinuated
to
them
,
what
was
expected
they
should
do
,
and
that
they
should
be
suitors
for
it
.
That
an
Oath
was
expected
according
to
the
example
of
Scotland
,
as
they
had
there
joyned
in
a
Covenant
.
To
this
purpose
he
did
deliver
himself
.
That
when
his
Lordship
had
ended
,
the
Bishops
of
Raffo
and
Down
,
one
seconding
the
other
,
gave
his
Lordship
thanks
for
his
Lordships
favour
to
them
,
and
told
his
Lordship
,
that
as
those
in
Scotland
had
joyned
together
,
and
conspired
by
an
unlawful
Oath
,
so
they
here
would
joyn
in
a
lawful
oath
in
opposition
to
that
,
and
would
petition
for
it
to
his
Lordship
.
It
was
seconded
by
the
Bishop
of
Down
,
and
some
others
of
the
Clergy
there
,
little
being
spoken
by
others
.
That
the
Bishop
of
Down
desired
he
might
draw
it
,
but
the
Lord-Deputy
put
it
on
the
Bishop
of
Raffo
.
That
some
of
them
thought
it
a
little
too
hasty
,
and
when
my
Lord
was
risen
up
he
(
the
Deponent
)
took
on
him
to
speak
to
his
Lordship
,
and
told
him
,
the
things
spoken
of
there
,
were
not
charged
against
the
Nation
,
but
against
the
Covenanters
in
Scotland
,
and
did
not
concern
themselves
:
and
therefore
thought
,
under
favour
,
that
it
should
not
be
amiss
to
think
what
they
should
doe
,
before
they
appointed
a
man
to
draw
a
Petition
,
or
to
this
effect
.
That
his
Lordship
was
pleased
to
turn
towards
him
something
in
choler
,
and
to
tell
him
;
Sir
Iames
Mountgomery
,
you
may
go
home
and
petition
or
not
petition
if
you
will
,
but
if
you
do
not
,
or
who
doth
not
,
or
to
this
effect
,
shall
do
worse
.
That
they
seeing
his
Lordship
had
resolved
it
should
be
so
,
there
was
no
more
said
;
The
Bishop
of
Raffo
went
with
the
Petition
in
his
hand
to
some
of
them
,
being
desirous
to
see
it
,
to
contribute
their
advice
to
them
,
and
somewhat
suspecting
this
Train
of
the
Gentry
,
that
night
again
the
said
Bishop
met
with
my
Lord
Mountgomery
,
Sir
William
Stuart
,
Sir
Iames
Craig
and
himself
,
(
the
Deputy
)
and
brought
two
draughts
of
Petitions
:
the
one
indeed
was
down
right
railing
,
the
other
not
very
mild
he
thinks
:
howsoever
,
they
did
desire
to
have
qualified
it
something
in
words
;
but
the
Bishop
told
them
,
it
was
already
so
cold
,
he
was
ashamed
of
it
,
and
could
not
engross
it
,
till
he
had
shewed
it
my
Lord
Deputy
,
to
know
whether
he
would
accept
of
it
;
The
next
morning
some
of
them
saw
it
with
him
,
and
took
exception
at
some
bitter
words
that
were
in
it
;
and
the
Bishop
said
it
was
not
to
be
disputed
,
for
my
Lord
Deputy
had
seen
it
,
and
it
was
done
with
his
good
liking
.
After
that
it
was
engrossed
,
they
met
to
have
Signed
it
,
and
some
took
exceptions
,
that
there
was
too
great
a
latitude
in
it
,
and
desired
it
might
be
entred
,
That
they
should
be
in
the
case
with
other
His
Majesties
Subjects
;
but
the
Bishop
said
,
he
could
alter
nothing
,
without
my
Lord-Lieutenants
knowledge
,
and
he
would
go
to
my
Lord
with
it
,
and
to
my
Lord
Mountgomery
;
They
intreated
to
go
along
with
him
,
and
my
Lord
was
willing
these
words
should
be
added
,
That
it
should
be
in
equal
manner
and
measure
with
other
His
Majesties
Subjects
;
so
the
Petition
was
ingrossed
,
and
signed
,
and
was
afterwards
delivered
to
his
Lordship
:
That
then
my
Lord
Deputy
desired
them
,
to
appoint
five
or
six
of
their
number
to
wait
on
his
Lordship
,
and
some
of
the
Council
the
next
morning
,
to
confer
concerning
the
Oath
,
and
they
made
choice
of
six
,
the
Lord
Mountgomery
,
—
Stuart
,
and
these
two
Bishops
,
Sir
William
Stuart
,
and
himself
the
Deponent
;
when
they
came
,
his
Lordship
caused
the
Clerk
of
the
Council
to
read
the
Oath
that
was
to
be
Administred
;
and
some
other
debates
they
had
,
some
offered
some
motions
,
to
his
Lordship
for
some
words
,
by
way
of
explanation
;
as
that
they
should
not
protest
against
any
of
His
Majesties
Royal
Commands
,
and
it
was
desired
it
might
be
explained
,
By
just
Commands
,
or
Commands
according
to
Law
.
My
Lord
did
then
tell
them
,
they
were
not
to
expect
any
other
Commands
from
His
Majesty
;
the
Oath
was
for
no
other
intent
,
and
needed
no
alteration
.
The
Bishop
of
Raffo
would
have
had
more
added
,
saying
,
The
Oath
was
so
mean
,
he
would
not
come
from
his
house
to
take
it
;
and
so
my
Lord
Deputy
told
him
,
the
Oath
had
been
well
consider'd
of
,
and
needs
no
alteration
;
That
he
the
Bishop
then
desired
a
Copy
of
it
,
to
carry
to
the
Gentlemen
that
were
not
present
,
and
were
waiting
for
them
at
my
Lord
Mountgomeries
lodging
.
His
Lordship
was
pleased
to
deny
that
,
but
would
send
the
Clerk
of
the
Council
,
who
should
bring
the
Oath
and
Read
it
,
and
bring
it
back
again
,
and
he
did
so
.
After
this
,
the
next
day
,
or
that
afternoon
,
they
were
appointed
to
come
to
the
Council-Board
,
and
have
the
Oath
Administred
;
That
here
they
came
,
and
my
Lord
himself
was
pleased
to
Administer
the
Oath
to
every
one
of
us
,
two
by
two
,
or
three
by
three
.
And
this
was
the
manner
of
Administring
it
.
Being
Interrogated
,
Whether
they
knew
the
occasion
of
their
being
sent
for
?
He
Answered
;
They
knew
not
for
what
cause
,
nor
heard
any
thing
of
it
.
Being
Asked
,
If
he
knew
what
Scotchmen
were
those
that
left
the
Kingdom
,
because
they
would
not
take
this
Oath
?
He
Answered
,
That
(
soon
after
they
were
dismissed
in
May
)
Commissions
came
into
the
Countrey
to
certain
Commissioners
,
for
Administring
the
Oath
,
to
all
of
that
Nation
,
above
the
Age
of
Sixteen
;
and
,
he
believes
(
whether
by
the
main
Commission
,
or
private
Instructions
,
he
cannot
tell
)
That
it
was
ordered
,
it
should
be
Administred
,
both
to
Men
and
Women
above
that
Age
:
And
,
they
were
all
called
at
certain
dayes
by
the
Commissioners
;
some
were
scrupulous
,
and
thought
in
their
Consciences
,
they
could
not
take
it
;
others
,
that
were
satisfied
in
their
Consciences
,
did
take
it
;
and
those
that
did
not
take
it
,
the
Commissioners
were
required
to
certifie
their
Names
,
and
Places
of
Residence
,
to
my
Lord
Deputy
and
Council
,
that
they
might
be
proceeded
against
,
as
Contemners
of
His
Majesties
Royal
Authority
,
according
to
the
Proclamation
,
and
Commission
.
After
the
Proclamation
had
called
them
,
some
did
appear
,
and
they
that
did
not
,
their
names
were
certified
,
and
afterward
Pursivants
issued
to
apprehend
them
that
did
not
appear
,
or
them
,
who
on
appearing
,
did
refuse
.
He
knows
of
many
that
fled
away
into
Scotland
,
and
very
many
that
fled
up
and
down
in
the
Country
,
and
many
were
apprehended
by
the
Pursivants
,
and
carried
up
,
and
some
he
thinks
were
Censured
.
Being
Asked
,
Whether
they
left
their
Corn
on
the
Ground
,
and
Goods
in
their
Houses
?
He
Answered
,
That
they
did
.
Being
Asked
,
Whether
any
Papists
of
the
Scotish
Nation
were
sent
for
by
Letter
,
or
had
the
Oath
tendered
?
He
Answered
,
None
of
them
that
he
could
hear
:
and
the
Oath
was
not
Administred
to
any
of
them
,
neither
were
they
called
.
Being
Asked
,
If
there
were
not
diverse
Scotish
Papists
there
?
He
Answered
,
Yes
;
diverse
Gentlemen
of
good
Quality
:
and
he
named
some
of
them
,
viz.
Sir
William
Hamilton
,
&c.
Being
Asked
(
on
the
Earl
of
Clares
motion
)
Whether
the
Refusers
fled
into
any
part
of
Scotland
?
He
Answered
,
In
Truth
not
,
to
his
knowledge
;
but
they
fled
out
of
the
Kingdom
of
Ireland
.
The
Oath
was
next
Read
,
viz.
IN.
do
faithfully
Swear
,
Profess
,
and
Promise
,
that
I
will
Honor
and
Obey
my
Sovereign
Lord
King
CHARLES
,
and
will
bear
Faith
and
true
Allegiance
to
Him
,
and
will
defend
and
maintain
His
Regal
Power
and
Authority
;
and
that
I
will
not
bear
Arms
nor
do
any
Rebellious
or
Hostile
Act
against
Him
,
or
Protest
against
any
His
Royal
Commands
,
but
submit
my self
in
all
due
obedience
hereunto
:
and
,
that
I
will
not
enter
into
any
Covenant
,
Oath
,
or
Bond
of
Mutual
Defence
,
or
Assistance
,
against
all
sorts
of
persons
whatsoever
;
or
into
any
Oath
,
Covenant
,
or
Mutual
Defence
,
or
Assistance
against
any
person
whatsoever
,
by
Force
,
without
His
Majesties
Soveraign
and
Regal
Authority
.
And
I
do
renounce
all
Covenants
,
contrary
to
what
I
have
Sworn
and
Promised
.
So
help
me
God
in
Christ
Jesus
.
Whence
Mr.
Maynard
observed
,
from
these
words
,
That
they
shall
not
Protest
against
any
of
His
Majesties
Royal
Commands
.
That
he
believed
all
men
were
satisfied
,
that
His
Majesty
never
did
,
nor
will
Command
any
thing
unlawful
,
but
what
a
subordinate
Minister
may
command
in
His
Majesties
Name
,
and
publish
,
as
His
Command
,
in
Ireland
,
their
Lordships
have
heard
enough
of
,
and
that
may
make
them
tender
to
take
the
Oath
;
besides
,
the
Oath
being
new
,
it
is
conceived
to
be
against
Law
.
Mr.
Maxwell
being
Sworn
,
and
Interrogated
,
In
what
manner
were
He
Answered
,
That
he
was
one
that
received
a
Letter
from
my
Lord
Lieutenant
upon
that
account
;
and
that
he
,
as
well
as
the
rest
,
were
required
to
be
all
at
Dublin
at
a
certain
day
;
and
,
being
there
,
and
my
Lord
Mountgomery
being
a
little
sick
,
and
not
able
to
go
abroad
,
desired
their
excuse
for
a
day
or
two
.
My
Lord
Deputy
was
pleased
to
give
Command
,
that
all
that
were
writen
for
,
might
be
at
my
Lord
Mountgomeries
lodging
:
And
,
at
the
time
appointed
,
my
Lord
Lieutenant
came
,
and
at
his
coming
he
called
them
together
,
and
showed
the
Dissenters
in
Scotland
,
and
desired
that
they
would
show
themselves
Faithful
and
Loyal
Subjects
to
their
Master
;
and
,
that
it
behoved
them
,
as
their
own
desire
,
to
Petition
for
it
;
whereupon
my
Lord
Bishop
of
Down
,
R●o
,
and
some
others
of
the
Clergy
being
there
,
did
second
my
Lords
Speech
,
and
told
them
,
That
as
they
Rebelliously
proceeded
in
Scotland
,
in
that
the
Scots
had
taken
in
hand
against
the
King
;
so
they
would
do
well
by
Petition
,
and
by
Oath
to
his
Lordship
and
the
Council
,
to
shew
their
willingness
towards
their
Masters
Service
:
So
my
Lord
Lieutenant
was
pleased
to
take
hold
of
my
Lord
Downs
Speech
;
and
my
Lord
Down
desired
,
he
might
be
the
drawer
of
the
Petition
.
But
my
Lord
perceiving
him
a
little
too
vehement
,
told
him
,
Smilingly
,
That
he
would
recommend
that
to
the
Bishop
of
Raffo
:
So
the
Bishop
of
Raffo
was
appointed
for
the
drawing
up
of
that
Petition
.
The
next
day
they
desired
to
peruse
the
Petition
,
before
it
went
to
my
Lord
;
and
,
after
they
had
perus'd
it
,
they
went
in
to
my
Lord
Lieutenant
with
it
;
after
he
had
seen
the
Petition
,
he
mended
something
in
it
;
and
,
among
the
rest
,
he
remembers
,
the
Bishop
of
Raffo
told
him
,
That
my
Lord
had
put
in
,
That
these
that
were
here
should
be
of
no
worse
condition
,
then
the
rest
of
His
Majesties
Subjects
.
The
next
day
the
Petition
was
Ingrossed
,
and
Signed
by
them
,
and
presented
to
my
Lord
Lieutenant
:
afterwards
there
were
two
Noblemen
,
two
Bishops
,
two
Gentlemen
,
appointed
to
go
to
my
Lord
concerning
the
Oath
,
and
they
desired
a
Copy
of
the
Oath
.
My
Lord
Lieutenant
sent
Sir
Paul
Davies
out
to
my
Lord
Mountgomery
,
and
it
was
Read
to
them
all
;
and
they
were
commanded
to
attend
at
the
Council-Table
,
and
my
Lord
gave
them
the
Oath
.
Sir
Hen.
Spottewood
was
offered
a
further
Witness
,
but
their
Lordships
being
satisfied
with
what
was
formerly
offered
,
spared
his
Examination
.
And
Mr.
Whitlock
observed
,
That
they
did
produce
these
Witnesses
the
To
prove
,
That
because
diverse
of
the
Scotish
Nation
were
tender
,
and
loth
to
take
the
Oath
,
or
submit
to
all
the
Commands
of
my
Lord
of
Strafford
(
though
they
would
to
the
Kings
)
they
fled
the
Kingdom
,
and
left
their
Estates
.
Sir
Iohn
Clottworthy
being
examined
to
that
particular
;
Iohn
Clotworthy
Witness
.
Answered
,
That
he
could
speak
to
this
particular
clearly
to
his
own
Knowledge
;
for
then
my
Lord
was
pleased
to
insert
him
as
a
Commissioner
in
the
said
Commission
,
and
he
was
there
sometimes
,
and
beheld
the
Execution
of
it
.
He
did
likewise
see
the
Multitude
(
when
the
Oath
was
generally
prest
on
several
Commands
from
my
Lord
Deputy
to
enforce
it
)
did
leave
their
Dwellings
,
and
Habitations
,
their
Corn
on
the
Ground
,
and
their
Cattle
,
and
fled
away
;
but
,
whether
into
Scotland
,
or
no
,
he
could
not
precisely
say
;
but
so
it
was
reported
:
but
,
that
Multitudes
went
away
,
he
knew
to
be
certainly
true
.
Being
Interrogated
,
Whether
my
Lord
of
Strafford
did
,
by
his
Instructions
,
deny
liberty
to
the
parties
to
whom
it
was
tendered
,
to
peruse
the
Oath
?
He
Answered
,
That
he
cannot
precisely
charge
himself
with
it
,
for
the
Instructions
are
out
of
the
way
;
but
that
was
(
as
he
verily
remembers
)
part
of
the
Instructions
,
That
they
should
have
the
Oath
Read
over
to
them
,
but
no
Copies
delivered
to
them
at
all
.
Being
Asked
(
on
my
Lord
of
Straffords
motion
)
Whether
the
Commission
and
Instructions
were
not
under
the
hand
of
the
Council
,
as
well
as
himself
?
He
Answered
,
That
he
never
saw
a
Commission
under
the
hand
of
the
Deputy
or
Council
,
but
under
the
Seal
;
but
the
Instructions
were
under
the
hand
of
Deputy
and
Council
.
And
Mr.
Whitlock
observed
,
That
my
Lord
of
Strafford
drew
in
the
Mr.
Whitlock
then
proceeded
to
the
matter
of
the
Sentence
,
against
Stuart
and
Gray
,
who
were
Imprisoned
,
Fined
five
times
more
than
the
value
of
their
Estates
;
deteined
in
Prison
a
very
long
time
,
very
hardly
and
cruelly
used
;
and
,
on
this
Sentence
,
were
the
words
spoken
by
my
Lord
of
Strafford
,
which
showes
his
Rancour
to
the
Scotch
Nation
.
Richard
Salmon
Sworn
,
and
Interrogated
,
What
he
knew
concerning
the
Sentencing
of
Stuart
,
his
Wife
and
Daughters
,
and
Gray
in
Ireland
?
He
Answered
,
That
on
the
10th
of
October
,
1639
,
after
the
Kings
Attorney
,
Sir
George
Ratcliffe
,
and
many
other
Lords
and
Noblemen
,
had
given
their
Sentence
concerning
this
Oath
,
many
of
them
pleading
to
make
it
High-Treason
;
and
,
that
it
was
a
merciful
proceeding
against
Mr.
Stuart
,
his
Wife
,
and
two
Daughters
,
and
Gray
,
in
that
Court
:
My
Lord
Primate
came
to
shew
,
that
if
it
had
been
against
the
first
part
of
the
Oath
(
to
deny
Allegiance
and
Supremacy
to
His
Majesty
)
it
had
been
so
:
but
being
against
the
second
part
,
they
were
to
be
Judged
in
that
Court
.
My
Lord
of
Strafford
told
my
Lord
Primate
,
he
was
mistaken
,
and
that
the
Bishop
of
Derry
had
said
well
,
in
that
they
would
not
Abjure
all
other
Oathes
,
Bonds
,
Covenants
whatsoever
,
it
was
as
palpable
High-Treason
,
as
if
it
were
against
the
first
part
of
the
Oath
.
Thereupon
my
Lord
said
,
These
people
are
mad
:
and
I
know
not
how
to
express
my self
,
without
going
beyond
my self
,
they
have
almost
made
me
lose
my self
.
But
,
sayes
he
,
Mr.
S●t
,
now
you
have
heard
my
Lord
Primate
thus
much
,
What
can
you
speak
for
your self
?
Mr.
Stuart
Answered
,
He
was
willing
to
take
the
first
part
of
the
Oath
;
but
,
in
that
the
Oath
seemed
to
bind
them
,
not
onely
in
point
of
Allegiance
and
Supremacy
,
but
likewise
in
point
of
Ecclesiastical
Duties
,
therefore
he
durst
not
take
it
:
My
Lord
told
him
again
,
he
(
the
said
Mr.
Stuart
)
was
not
mistaken
,
but
had
judged
right
;
the
Oath
was
not
only
intended
to
bind
them
to
Allegiance
and
Supremacy
,
for
that
they
had
other
Oaths
,
but
likewise
to
be
obedient
to
the
Ecclesiastical
Ceremonies
of
the
Church
,
either
established
,
or
that
should
be
established
by
His
Majesties
Royal
Command
:
and
,
that
whosoever
would
be
obedient
to
the
Ecclesiastical
Orders
of
the
Church
,
he
would
lay
his
hand
under
their
feet
to
do
them
good
;
but
,
whosoever
would
resist
,
he
would
prosecute
them
to
the
Blood
.
Being
Asked
(
on
the
Earl
of
Clares
motion
)
Whether
he
be
a
Minister
?
He
Answered
,
That
he
had
Taught
School
in
Dublin
,
but
hath
not
taken
Orders
.
Being
Asked
,
What
other
Orders
my
Lord
of
Strafford
let
fall
,
concerning
the
Scotish
Nation
being
Rebels
.
He
Answered
,
He
remembers
my
Lord
said
,
They
had
caused
him
to
forget
himself
.
He
said
also
,
That
they
were
Traitors
and
Rebels
:
and
that
if
His
Majesty
would
honor
him
so
much
,
as
to
send
him
back
again
,
he
would
eradicate
root
and
branch
even
all
of
that
Nation
out
of
the
Kingdom
of
Ireland
,
saving
such
Lords
and
others
that
had
taken
the
Oath
.
Being
Asked
,
What
Fines
were
Imposed
on
Stuart
,
and
the
rest
?
He
Answered
,
(
To
the
best
of
his
Remembrance
)
it
was
5000
l.
on
him
,
5000
l.
on
his
Wife
,
3000
l.
a
piece
on
his
two
Daughters
,
and
3000
l.
on
Iames
Gray
.
Being
Asked
,
Whether
they
were
worth
these
Sums
?
He
Answered
,
That
it
is
not
known
to
him
:
but
he
conceives
Gray
was
not
worth
a
hundred
pound
;
for
,
he
lived
on
the
Maintenance
of
Mr
,
Stuart
in
the
Prison
;
And
,
he
knows
not
whether
they
paid
any
thing
of
the
Fine
or
no.
But
,
Mr.
Whitlock
observed
,
That
Stuart
was
fain
to
sell
his
Estate
to
pay
his
Fine
.
Iohn
Loftus
being
Sworn
,
and
Interrogated
,
Whether
he
was
present
at
He
Answered
,
He
was
in
Dublin
,
when
Mr.
Stuart
,
his
Wife
,
and
two
Daughters
,
and
Iames
Gray
,
were
brought
by
the
Sergeant
at
Armes
from
their
House
to
Dublin
,
where
they
remained
Prisoners
in
his
Custody
,
and
were
thence
carry'd
one
by
one
to
Mr.
Attorney
,
and
Sworn
by
him
;
and
after
their
Examinations
taken
,
were
called
to
the
Court
of
Star-Chamber
,
and
proceeded
against
Ore
tenus
.
At
which
hearing
,
he
(
the
Deponent
)
was
;
And
,
after
the
rest
of
the
Lords
had
delivered
their
Opinions
,
he
heard
my
Lord
Deputy
deliver
his
likewise
;
and
his
in
substance
was
;
He
consented
in
fine
,
to
that
the
Lords
had
laid
before
,
viz.
5000
l.
on
Stuart
,
5000
l.
on
his
Wife
,
2000
l.
a
piece
on
his
Daughters
,
and
2000
l.
on
Gray
:
and
my
Lord
exprest
himself
,
That
he
wanted
termes
to
set
forth
the
heinousness
of
this
Cause
;
and
,
that
he
was
to
leave
his
Sword
;
but
,
if
it
pleased
His
Majesty
to
return
him
thither
again
,
he
hoped
to
have
such
,
as
would
not
Conform
themselves
to
the
discipline
of
the
Church
,
rooted
up
Stock
and
Branch
.
Being
bid
to
repeat
his
Testimony
,
He
said
,
He
Declared
he
was
then
to
leave
his
Sword
,
and
if
His
Majesty
would
return
him
thither
again
,
such
as
would
not
conform
themselves
to
the
Government
of
the
Church
,
who
were
of
the
Scotish
Nation
,
He
hoped
to
root
them
up
stock
and
branch
,
or
words
to
that
effect
.
Mr.
Whitlock
did
then
Sum
up
the
Evidence
;
That
he
conceives
it
proved
,
Authority
of
Parliament
;
and
so
,
rather
than
they
would
take
it
,
were
forced
to
leave
their
Habitations
,
their
Corn
standing
,
with
all
their
Goods
and
Fortunes
,
and
to
flie
out
of
the
Kingdom
:
That
Mr.
Stuart
,
his
Wife
,
and
Daughters
,
and
one
Iames
Gray
,
were
Sentenced
very
deeply
for
refusing
this
Oath
;
and
,
that
my
Lord
of
Strafford
declared
,
That
this
Oath
extended
to
the
Ceremonies
of
the
Church
established
,
and
to
be
established
;
That
the
Scotch
Nation
were
Rebels
and
Traytors
;
not
going
to
any
particular
Man
,
but
the
Nation
in
General
.
And
,
that
if
His
Majesty
would
send
him
back
again
to
that
Government
,
he
would
root
them
out
root
and
branch
.
This
is
to
take
a
Power
far
above
the
Law
;
this
is
to
bind
their
Consciences
by
an
Oath
,
and
to
force
them
to
that
which
they
are
tender
of
;
the
Execution
of
this
with
so
much
rigor
and
cruelty
,
showes
the
strength
of
my
Lord
of
Straffords
design
to
alter
the
Lawes
,
and
to
do
it
with
a
strong
hand
,
with
all
his
Force
,
and
with
all
this
Cruelty
.
And
so
my
Lord
of
Straffords
Answer
was
expected
.
And
then
my
Lord
of
Strafford
,
after
a
little
respit
,
began
to
That
almost
every
new
Article
sets
forth
a
new
Treason
,
that
(
for
his
The
Proclamation
for
this
matter
he
remembred
was
dated
20th
of
May
,
1639
,
and
,
in
what
condition
the
Kings
Affairs
then
stood
,
their
Lordships
,
and
my
Lord
Steward
in
particular
,
who
was
General
,
are
very
well
able
to
call
to
mind
,
and
what
fears
there
were
of
the
ill
events
of
the
things
then
in
hand
.
The
apprehensions
were
,
That
the
Scots
being
a
great
Body
in
Ireland
(
and
not
so
few
,
he
is
perswaded
,
as
100000
,
by
reason
of
their
nearness
to
their
own
Countreys
confining
upon
it
)
might
,
perhaps
,
have
Intelligence
and
Occurrence
with
their
Countrymen
,
called
,
Those
of
the
Covenant
.
And
,
this
was
the
sence
of
all
that
were
Ministers
of
that
State
under
the
King
,
as
well
English
as
Irish
,
and
even
those
of
their
own
Nation
.
Thereupon
they
entred
into
Consideration
,
how
to
secure
that
Kingdom
,
and
settle
things
in
quiet
.
Besides
,
there
was
a
Man
afterwards
Condemned
of
Treason
,
for
having
a
Plot
and
Design
to
have
seized
on
Knock-fergus
Castle
,
and
delivered
it
to
a
great
Man
in
Scotland
(
whom
my
Lord
said
he
would
not
name
)
for
which
he
lost
his
life
afterwards
.
These
particulars
were
confirmed
by
several
Witnesses
.
And
,
to
prove
that
there
was
a
Debate
at
Council-Board
,
for
preventing
of
these
Inconveniences
,
my
Lord
of
Strafford
desired
some
Privy-Counsellors
of
Ireland
might
be
examined
.
Robert
Lord
Dillon
being
Asked
,
Whether
he
and
the
State
of
Ireland
He
Answered
,
That
about
that
time
there
were
some
Advertisements
out
of
the
North
,
of
particular
Meetings
,
and
Contrivances
of
some
Plot
or
other
by
the
Scots
,
which
made
the
State
very
apprehensive
,
that
there
might
be
danger
ensuing
,
and
that
the
consequence
would
be
ill
.
Being
Asked
,
Whether
there
was
not
a
course
taken
upon
that
for
an
Oath
,
to
secure
the
quiet
of
the
Kingdom
?
He
Answered
,
It
was
debated
at
the
Board
,
and
concluded
,
That
it
would
be
a
great
Security
and
Obligation
on
those
of
the
Scotch
Nation
in
Ireland
,
to
keep
them
from
Treating
,
or
Concluding
any
thing
together
,
if
there
should
be
any
Invasion
.
Being
Asked
,
Whether
it
was
not
thereupon
resolved
,
To
Consult
the
Principal
Gentry
of
that
Nation
,
and
to
speak
with
them
?
and
,
Whether
my
Lord
of
Straffords
Letters
were
sent
in
persuance
thereof
?
He
Answered
,
That
he
thought
the
Letters
were
singly
subscribed
by
the
Lord
Deputy
himself
,
but
it
was
also
with
the
privity
of
the
Council
.
Sir
Philip
Manwaring
being
Asked
to
the
same
Point
,
Answered
,
That
Sir
Adam
Loftus
being
Interrogated
to
the
same
Point
?
Adam
Loftus
Witness
.
Answered
,
That
there
were
at
that
time
some
Apprehensions
and
Fears
of
Danger
,
that
might
arise
from
the
People
of
the
Scotch
Nation
,
in
respect
of
their
numbers
there
,
lest
they
should
adhere
to
them
of
the
Covenant
in
Scotland
,
and
thereby
endanger
the
Kingdom
of
Ireland
at
that
time
:
And
therefore
it
was
debated
at
the
Council-Table
,
that
some
Oath
or
Bond
might
be
made
,
that
might
divert
them
from
joyning
in
the
Scotch
Covenant
;
and
thereupon
it
was
resolved
,
That
the
Principal
Noblemen
,
and
Gentlemen
of
Scotland
,
that
were
then
in
Ireland
,
should
be
sent
for
,
and
there
dealt
withal
,
both
to
express
their
Loyalty
and
Service
to
the
Nation
of
Ireland
,
by
their
due
obedience
,
and
also
to
offer
some
Means
that
might
be
Security
to
the
King
and
themselves
.
And
being
further
Interrogated
,
Whether
my
Lord
of
Strafford's
,
sending
for
these
Principal
Gentry
of
the
Scotch
Nation
,
Was
not
with
the
Privity
of
the
Council
?
He
Answered
,
That
he
thought
it
was
:
and
Added
,
He
was
very
Confident
it
was
,
though
the
reason
was
not
exprest
in
those
Letters
.
Being
Asked
(
on
Mr
Maynards
Motion
)
Whether
he
was
there
,
when
Iames
Mountgomery
made
Exception
to
the
Form
of
the
Oath
contrived
?
He
Answered
,
He
was
not
present
at
any
Exceptions
taken
at
it
.
Being
Asked
(
on
Mr
Whitlocks
Motion
)
who
were
those
that
took
it
so
He
Answered
,
That
indeed
he
observed
no
Reluctancy
.
My
Lord
of
Strafford
here
added
,
That
he
speaks
it
truly
(
to
the
honor
of
that
Nation
be
it
spoken
)
the
Oath
was
taken
with
much
chearfulness
,
Iames
Mountgomery
,
but
took
it
with
all
the
readiness
in
the
World
.
This
is
as
true
as
he
lives
,
and
he
thinks
he
speaks
it
for
their
honor
;
and
,
were
he
one
of
the
Temporal
men
in
that
kind
,
he
should
be
very
unwilling
to
be
asked
,
whether
the
Bishops
had
been
more
ready
to
give
Allegiance
to
His
Majesty
,
than
himself
?
and
he
thinks
,
he
that
asked
the
question
,
doth
them
a
great
deal
of
prejudice
in
it
.
Finding
them
thus
prepared
,
he
was
glad
of
it
;
and
they
being
willing
to
prefer
such
a
Petition
,
he
went
to
them
,
and
served
them
with
all
willingness
,
as
he
had
reason
.
The
Petition
was
cheerfully
brought
to
him
to
be
looked
over
,
and
to
have
his
opinion
how
he
liked
it
.
It
was
brought
him
by
my
Lord
Mountgomery
Sir
Iames
Mountgomery's
Brother
,
and
some
others
,
whom
he
remembers
not
.
But
these
words
he
remembers
particularly
in
it
.
An
offering
of
their
Lives
and
Fortunes
,
for
vindicating
the
Authority
of
Regal
Power
,
which
he
said
was
too
general
;
and
though
they
intended
it
well
,
might
be
turned
too
strictly
on
them
,
and
therefore
he
desired
,
it
might
be
qualified
with
these
words
,
In
equal
manner
and
measure
with
other
His
Majesties
Subjects
;
and
the
words
were
put
in
by
him
,
as
he
is
sure
,
my
Lord
Mountgomery
would
justifie
.
The
Petition
was
read
,
and
the
Act
of
State
,
wherein
it
is
recited
,
being
in
substance
as
followeth
.
By
the
Lord-Deputy
and
Council
,
WENTWORTH
.
Where
we
have
lately
made
an
Act
of
Council
in
these
words
.
WHereas
divers
Lords
Spiritual
and
Temporal
,
Knights
,
and
others
inhabiting
in
this
Kingdom
,
have
lately
exhibited
a
Petition
to
us
,
in
these
words
following
.
To
the
Right
Honourable
,
the
Lord
Deputy
and
Council
,
&c.
The
Humble
Petition
of
,
&c.
The
Petition
recites
,
The
horror
apprehended
by
the
Petitioners
,
His
Majesties
Subjects
of
the
Scotish
Nation
inhabiting
in
Ireland
,
for
the
Covenant
sworn
by
some
of
their
Countreymen
in
Scotland
,
without
His
Majesties
Authority
and
Consent
;
Their
dislike
therof
,
and
their
consideration
,
that
the
causes
of
that
action
may
be
understood
,
to
reflect
on
the
Petitioners
,
though
innocent
.
They
crave
leave
to
vindicate
themselves
from
so
great
a
Contagion
,
and
desire
his
Lordship
to
prescribe
a
way
by
Oath
or
otherwise
,
to
free
themselves
from
these
proceedings
,
to
declare
their
acknowledgement
of
the
Kings
Regal
Power
,
and
their
dislike
of
that
Covenant
,
and
of
all
other
Covenants
entred
into
,
&c.
without
His
Majesties
Regal
Authority
,
which
they
are
desirous
to
manifest
by
offering
their
lives
and
fortunes
,
to
vindicate
the
honor
,
&c.
of
their
Sovereign
,
which
they
are
ready
to
do
in
equal
manner
and
measure
,
with
other
His
Majesties
Subjects
,
&c.
and
divers
names
were
to
the
said
Petition
subscribed
.
In
consideration
of
which
Petition
,
we
cannot
but
commend
the
wisdom
of
the
Petitioners
,
which
we
will
not
fail
humbly
to
represent
to
His
Majesty
;
and
for
that
we
know
many
of
this
Kingdom
,
have
expressed
good
affection
to
His
Majesty
and
His
Service
,
and
dislike
those
disorders
:
We
hold
it
fit
,
&c.
to
free
them
the
better
from
the
Crimes
and
Scandals
which
their
Countrey-men
have
gone
into
,
as
also
to
free
them
from
all
prejudice
,
and
to
approve
to
the
King
,
and
to
the
whole
world
,
their
Allegiance
to
him
and
his
Regal
Power
,
and
the
dislike
of
that
unlawful
Oath
and
Covenant
:
We
do
therefore
ordain
,
That
all
and
every
person
of
the
Scotch
Nation
,
that
inhabit
,
or
have
Estates
,
or
any
Houses
,
Lands
,
Tenements
,
or
Hereditaments
within
Ireland
,
shall
take
the
Oath
herein
expressed
on
the
Holy
Evangelists
,
on
pain
of
His
Majesties
High-displeasure
.
The
tenor
of
which
Oath
follows
.
&c.
To
several
seect
persons
,
&c.
Authorizing
them
to
call
before
them
,
and
administer
the
Oath
to
every
person
of
the
Scotch
Nation
,
&c.
At
such
time
and
place
&c.
And
such
Instructions
as
shall
be
in
that
behalf
given
by
the
Deputy
and
Council
,
&c.
And
to
certifie
the
names
of
all
that
take
the
Oath
,
and
if
any
refuse
to
certifie
their
Names
,
Quality
,
and
Residences
to
the
Lord
Deputy
,
&c.
And
there
is
a
Command
,
that
all
of
the
Scotch
Nation
do
appear
before
the
said
Commissioners
,
at
times
by
them
to
be
appointed
,
and
to
take
the
said
Oath
before
them
;
and
that
all
persons
may
have
due
notice
,
we
think
fit
this
be
published
,
Dated
May
1639.
To
prove
a
design
of
seizing
the
Castle
of
Knock-Fergus
,
my
Lord
of
Strafford
desired
Mr.
Slingsby
might
be
examined
,
and
being
Interrogated
?
He
Answered
,
That
about
the
time
,
when
it
was
supposed
the
King
was
Trueman
was
sent
to
Dublin
and
examined
,
and
sent
back
to
be
tryed
Being
asked
of
what
Nation
he
was
?
He
says
he
doth
not
know
of
what
Nation
,
but
he
supposes
he
was
an
Englishman
.
For
his
further
justification
,
he
saith
,
at
the
same
time
there
was
the
like
Oath
,
and
Proceeding
here
in
England
.
The
Copy
of
which
Oath
now
read
,
being
affirmed
by
Mr.
Ralton
to
be
a
true
Copy
.
5
Iune
1639.
A
Copy
of
an
Oath
tendered
to
some
of
the
Scotish
Nation
,
resident
here
in
England
,
as
it
is
entred
in
the
Scotish
Book
,
being
in
substance
IN
Doe
faithfully
swear
,
profess
,
and
promise
,
that
I
will
faithfully
obey
my
Sovereign
Lord
King
CHARLES
,
&c.
and
defend
and
maintain
His
Royal
Authority
;
and
that
I
will
not
bear
Arms
,
nor
do
any
rebellious
Act
against
him
,
nor
profess
against
any
His
Royal
Commands
,
&c.
And
that
I
will
not
enter
into
any
Covenant
or
Bond
,
&c.
Of
mutual
Defence
or
Assistance
against
any
person
,
&c.
or
into
any
Covenant
,
Bond
of
mutual
defence
or
assistance
whatsoever
,
without
His
Majesties
Sovereign
and
Regal
Authority
.
And
I
do
renounce
and
abjure
all
Covenants
,
contrary
to
what
is
here
sworn
,
professed
and
promised
,
And
he
submits
it
to
their
Lordships
Wisdom
and
Justice
,
what
offence
this
had
been
for
a
Deputy
of
Ireland
in
a
time
thus
conditioned
for
securing
the
publique
peace
of
that
Kingdom
,
where
he
serves
the
Crown
upon
such
apprehensions
as
these
,
fairly
without
any
constraint
or
violence
offered
,
to
endeavour
by
such
a
manner
of
means
as
this
,
to
secure
the
King
of
the
Royalty
and
Allegiance
of
His
Subjects
.
To
procure
it
to
these
ends
,
by
these
ways
,
at
such
a
time
,
how
this
can
be
strained
to
be
High
Treason
,
he
confesses
he
does
not
well
understand
;
especially
,
since
he
is
confirmed
in
that
opinion
,
by
the
allowance
given
of
it
here
in
England
,
as
,
by
the
Oath
read
appears
;
And
if
all
this
had
been
done
by
him
solely
as
Deputy
,
by
the
power
of
that
Commission
he
had
from
His
Majesty
,
where
should
be
the
crime
that
should
rise
so
high
,
as
to
convince
him
of
Treason
?
But
that
is
not
all
,
he
hath
something
else
to
say
for
himself
,
and
that
is
,
the
Kings
Letter
of
His
Majesties
own
Hand-writing
,
as
followeth
.
WENTWORTH
,
COnsidering
the
great
number
of
Scots
that
are
in
Ireland
,
and
the
dangerous
consequences
may
follow
,
if
they
should
joyn
with
the
Covenanters
in
Scotland
;
I
hold
it
necessary
you
should
use
your
best
endeavour
,
to
try
them
by
an
Oath
,
not
only
to
disclaim
their
Countreymens
proceedings
,
but
likewise
,
never
to
joyn
with
any
in
Covenant
,
or
otherwise
against
Me
,
To
which
purpose
I
Command
you
,
to
frame
and
administer
such
an
Oath
,
to
the
abovesaid
intent
,
to
my
Scotish
Subjects
of
that
Kingdom
,
that
I
may
know
the
well
from
the
ill-affected
of
that
Nation
,
of
which
fail
not
,
as
you
love
my
Service
.
And
so
I
rest
,
Your
assured
friend
Ch.
R.
Dated
16
Jan.
1638.
Whitehall
.
So
he
had
His
Majesties
Warrant
,
but
handled
the
matter
so
,
that
he
never
discovered
it
.
And
this
he
conceives
doth
clearly
justifie
him
in
all
his
proceedings
.
That
none
can
administer
an
Oath
,
but
by
Authority
of
an
Act
of
Parliament
,
is
,
as
he
conceived
,
an
ignorance
;
And
that
upon
a
Command
,
and
being
not
against
Law
,
but
intended
for
the
better
preservation
of
the
peace
of
the
Kingdom
;
a
Deputy
of
Ireland
might
do
it
:
and
if
he
hath
failed
,
he
shall
not
willingly
undergo
any
punishment
,
since
it
was
an
act
of
Obedience
,
and
if
it
were
to
do
again
(
being
informed
as
he
then
was
)
he
must
obey
,
and
he
had
rather
suffer
in
obeying
His
Majesty
,
than
dispute
with
His
Commands
in
that
kind
,
And
so
he
hoped
,
that
for
the
Oath
and
Proclamation
,
he
had
said
that
which
might
acquit
him
before
their
Lordships
.
Then
his
Lordship
applyed
himself
to
give
an
Answer
to
the
other
matters
,
brought
in
his
Charge
,
and
the
next
thing
urged
against
him
is
,
the
Cenfure
of
Mr.
Stuart
,
his
Wife
and
Daughters
,
and
Gray
.
That
Sentence
was
the
very
day
before
he
came
from
Ireland
,
Michalmas
was
Twelve
months
.
To
that
he
can
say
no
more
,
but
that
he
delivered
his
opinion
concerning
them
,
as
the
rest
,
in
the
Castle-Chamber
,
where
the
Deputy
hath
no
more
voices
,
than
such
as
my
Lord
Keeper
hath
in
the
Star-Chamber
,
a
Casting
voice
,
if
the
voices
be
equal
,
and
otherwise
but
a
single
voice
;
and
the
truth
is
,
that
the
whole
Court
did
agree
in
it
.
And
for
their
Fine
,
one
of
their
own
Witnesses
sayes
,
That
he
delivered
his
opinion
,
as
concurring
with
the
rest
of
the
Court
;
so
that
the
Fines
were
set
before
it
came
to
him
to
vote
.
And
the
greatness
of
the
Fine
,
was
only
to
shew
the
greatness
of
the
offence
,
and
not
with
respect
to
the
persons
,
or
with
any
purpose
to
take
the
Fines
of
the
parties
;
for
when
it
shall
be
examined
,
it
will
appear
,
that
little
of
that
hath
been
paid
or
looked
after
,
for
they
might
have
had
their
pardon
the
next
day
,
if
they
would
have
taken
the
Oath
;
And
if
he
that
shall
refuse
the
Oath
of
Allegiance
,
shall
instantly
incurr
the
penalty
of
a
Praemunire
,
the
Fine
was
very
moderate
in
this
case
.
In
the
Oath
there
is
nothing
of
Ecclesiastical
businesses
,
but
only
a
Temporal
Allegiance
,
though
some
of
the
Witnesses
speak
of
the
extending
it
to
the
Ecclesiastical
affairs
.
My
Lord
Primate
should
have
been
a
Witness
in
the
Cause
,
but
he
is
sick
,
and
therefore
if
it
may
well
stand
with
their
Lordships
Favour
and
Justice
to
deferr
this
point
,
till
he
may
be
examined
,
and
heard
about
it
.
The
next
thing
was
the
words
charged
upon
him
,
spoken
at
the
same
Sentence
,
That
the
Scotish
Nation
were
Rebels
and
Traitors
,
and
that
he
would
root
them
out
of
the
Kingdom
,
root
and
branch
.
These
words
he
absolutely
denyed
,
and
so
under
favour
,
he
said
,
he
must
doe
still
,
being
well
assured
,
he
never
spake
them
;
and
he
is
privy
to
his
own
heart
so
far
,
that
he
can
as
truly
say
,
he
never
thought
them
.
He
knows
very
well
what
he
owes
to
that
Nation
,
as
being
the
Native
Countrey
of
His
Majesty
;
and
that
respect
,
if
there
were
nothing
else
,
is
sufficient
for
him
to
wish
to
it
all
Happiness
and
Prosperity
,
which
he
doth
from
his
heart
.
Besides
,
he
knows
there
be
many
of
that
Nation
,
most
Faithful
and
Loyal
Subjects
,
he
trusts
there
are
few
amongst
them
otherwise
;
and
therefore
for
him
to
say
,
the
whole
Nation
are
Rebels
and
Traitors
;
certainly
were
a
Speech
of
a
man
frantique
,
and
out
of
his
wits
,
rather
than
of
a
man
in
his
Senses
:
For
though
he
hath
some
infirmities
,
of
hastiness
in
him
,
yet
he
is
not
so
divested
of
Reason
and
Understanding
,
as
to
speak
like
a
mad
man
,
especially
in
things
of
this
nature
.
His
Lordship
repeated
it
,
that
he
never
spake
them
,
never
thought
them
,
nor
ever
wished
any
thing
to
that
Nation
,
but
Honor
and
Happiness
in
all
his
life
;
nor
hath
he
any
manner
of
particular
exception
against
them
,
either
in
general
or
particular
.
Besides
,
he
never
received
personal
wrong
from
any
of
that
Nation
;
he
hath
received
many
courtesies
from
some
of
them
,
and
therefore
owes
them
no
Animosity
,
but
all
the
respects
in
the
world
.
But
when
it
comes
to
the
proof
,
that
is
sufficiently
justified
,
for
nothing
is
proved
of
that
they
charge
him
with
,
and
when
he
hath
shown
the
weakness
of
the
proof
offered
to
convince
him
of
them
,
he
shall
offer
a
Witness
or
two
,
that
will
absolutely
clear
him
.
Nor
did
he
speak
any
thing
whilst
he
was
in
Ireland
,
concerning
the
Nation
in
general
,
but
whatsoever
he
spake
,
was
concerning
the
Faction
in
it
;
and
it
is
an
easie
matter
for
a
man
at
a
distance
,
to
mistake
one
word
for
another
;
and
when
he
spoke
of
the
Faction
there
,
it
was
with
a
great
deal
of
more
moderation
,
and
better
phrase
than
the
words
charged
.
For
Sir
Iames
Mountgomery
,
he
hath
said
little
as
to
this
matter
,
for
he
was
not
there
,
nor
speaks
at
all
,
as
if
He
(
the
Lord
of
Strafford
)
should
have
carried
himself
in
that
business
,
otherwise
than
became
him
;
only
himself
confesses
when
Sir
Iames
would
have
some
words
put
into
the
Oath
(
Of
lawful
and
just
Commands
)
He
(
the
Earl
of
Strafford
)
said
That
that
was
needless
,
for
they
could
expect
no
Commands
from
His
Majesty
,
but
what
were
lawful
and
just
,
and
such
is
the
Wisdom
and
Justice
of
the
King
as
he
dares
say
they
will
always
be
so
;
and
the
words
of
the
Oath
are
,
They
shall
be
so
far
complying
with
these
Commands
,
as
in
due
obedience
they
are
bound
and
obliged
to
be
.
So
it
was
not
Caeca
obedientia
.
Sir
Iames
sayes
,
That
he
(
the
Earl
of
Strafford
)
did
administer
the
Oath
.
This
one
single
Testimony
;
but
to
tell
their
Lordships
plainly
the
truth
,
he
confesses
he
did
give
that
Oath
,
being
not
only
obliged
by
the
Council
,
but
they
directing
him
,
and
that
the
Petition
was
not
got
forcibly
from
them
,
it
appears
evidently
,
for
there
is
nothing
against
it
.
Sir
Iohn
Clotworthy
sayes
,
That
on
this
Oath
administred
,
great
multitudes
went
away
,
but
he
names
not
one
of
that
multitude
,
and
if
they
did
go
,
who
could
help
it
?
If
they
would
go
away
,
rather
than
give
such
a
pledge
of
their
Allegiance
,
he
should
have
been
loth
to
have
restrained
them
,
to
make
them
stay
against
their
Wills
.
For
the
Instructions
that
went
with
the
Commissions
,
Sir
Iohn
Clotworthy
very
truly
says
,
they
were
under
the
hands
of
himself
and
all
the
Council
,
but
what
these
Instructions
were
,
he
cannot
expresly
say
;
and
that
,
under
favour
,
he
conceives
is
no
witness
,
and
so
is
no
Charge
on
him
.
But
to
express
his
rancor
against
the
Scotish
Nation
,
next
come
the
words
proved
by
Richard
Salmon
the
Schoolmaster
,
and
he
swears
positively
and
directly
,
that
he
(
my
Lord
of
Strafford
)
spake
these
words
the
10th
of
October
1639.
The
plain
truth
is
,
that
he
(
the
Earl
of
Strafford
)
was
come
into
England
in
September
before
;
and
if
that
man
shall
notwithstanding
,
undertake
positively
to
swear
that
individual
day
,
he
is
less
to
be
credited
.
The
said
time
of
his
coming
into
England
was
confirmed
by
two
Witnesses
.
Mr.
Thomas
Little
being
(
upon
my
Lord
of
Straffords
motion
)
asked
,
He
Answered
,
That
my
Lord
Lieutenant
came
from
Ireland
,
Thursday
12
Sept.
1639.
and
landed
the
next
day
,
and
came
to
London
21
Sept
,
1639.
Mr.
Ralton
being
examined
to
the
same
point
.
Answered
,
He
very
well
remembred
my
Lord
came
to
London
21
For
the
words
themselves
,
That
the
Scotch
Nation
are
Rebels
and
Traitors
,
and
that
he
will
root
them
out
Root
and
Branch
,
the
Witness
is
a
single
Testimony
;
their
Lordships
see
how
true
he
is
in
the
first
part
of
it
,
and
he
is
equally
true
in
the
second
.
The
other
Testimony
is
one
Iohn
Loftus
,
and
he
sayes
my
Lord
of
Strafford
wanted
terms
to
express
the
heinousness
of
that
offence
,
and
he
hoped
to
have
such
of
the
Scotch
Nation
,
as
would
not
submit
to
the
Ecclesiastical
Government
,
rooted
out
Stock
and
Branch
from
that
Kingdom
And
this
(
said
my
Lord
)
is
quite
another
thing
,
and
no
way
agreeing
;
with
the
former
,
but
nearer
the
truth
,
and
far
from
rooting
out
the
Scotch
Nation
;
for
there
are
but
few
that
submit
not
to
the
English
Church-Government
.
So
there
is
left
only
one
single
Testimony
of
the
Schoolmaster
,
that
hath
not
learned
his
Lesson
perfectly
,
but
is
taken
tardy
,
as
if
he
were
a
Scholar
;
and
the
other
makes
it
quite
another
business
:
And
as
they
have
offered
these
things
,
and
have
not
proved
them
,
by
more
than
one
single
testimony
,
and
he
a
very
infirm
one
▪
He
,
my
Lord
of
Strafford
,
besought
their
Lordships
that
he
might
call
for
a
Witness
or
two
,
that
were
there
,
and
heard
all
that
passed
,
Sir
Philip
Manwaring
(
my
Lord
said
)
was
a
Judge
of
the
Court
,
and
nearer
him
than
the
Witness
,
and
likely
to
hear
more
distinctly
:
Sir
Philip
being
asked
what
the
words
were
,
and
of
what
nature
they
He
Answered
,
That
he
was
present
that
day
,
and
sate
within
the
Court
and
within
hearing
,
so
that
he
heard
every
word
that
fell
from
my
Lord
Deputy
:
it
is
true
,
his
Speech
there
was
very
long
,
but
he
shall
repeat
no
more
of
it
,
than
that
he
conceives
pertinent
to
the
present
occasion
,
that
is
,
Whether
he
should
say
these
words
,
Against
the
whole
Nation
,
or
speak
only
to
the
Faction
,
and
properly
,
and
pertinently
,
shun
the
word
Nation
.
It
was
on
the
occasion
of
Mr.
Stuart
,
who
stood
at
the
Bar
with
his
Wife
and
Daughters
,
and
Gray
;
My
Lord
telling
him
he
was
sorry
,
that
bearing
the
name
he
did
,
he
should
be
the
only
man
that
carried
himself
with
that
disobedience
,
and
my
Lord
expatiated
very
much
,
and
in
conclusion
said
,
That
Scotish
Nation
(
with
respect
I
speak
of
it
)
for
I
know
there
be
among
them
gallant
and
worthy
persons
,
and
I
have
great
experience
of
them
,
and
of
the
Loyalty
and
Faith
they
bear
to
their
Sovereign
;
but
there
is
a
Faction
amongst
them
,
which
I
shall
endeavour
,
as
near
as
I
can
,
to
bring
to
that
obedience
,
at
least
,
to
keep
them
that
are
within
this
Kingdom
,
to
that
Obedience
,
Loyalty
,
and
Duty
,
that
Subjects
ought
to
bear
.
Being
asked
,
Whether
my
Lord
did
not
express
himself
at
that
time
,
that
he
would
not
take
on
him
to
judge
any
thing
of
the
Action
in
Scotland
,
not
knowing
the
Law
of
that
Kingdom
;
but
such
of
that
Nation
,
as
are
here
in
Ireland
;
if
they
will
not
submit
to
the
Government
of
Ireland
,
he
will
do
the
best
he
can
,
they
shall
not
stay
here
?
He
Answered
,
That
it
is
very
true
,
my
Lord
Deputy
did
at
that
time
speak
to
that
purpose
,
as
near
as
he
can
remember
in
truth
(
viz.
)
That
he
did
not
know
the
Laws
nor
Customs
of
that
Kingdom
;
therefore
would
say
nothing
to
them
;
but
for
so
much
as
concern'd
the
Kingdom
of
Ireland
,
and
the
keeping
of
the
King's
Subjects
in
Loyalty
and
Obedience
there
,
he
would
do
his
best
to
preserve
that
.
Being
asked
(
on
Mr.
Glyn's
motion
)
whether
he
heard
these
words
Root
and
Branch
,
or
Stock
and
Branch
?
He
Answered
,
In
truth
he
did
not
.
Robert
Lord
Dillon
being
asked
to
the
words
spoken
by
my
Lord
of
He
Answered
,
That
he
confesses
,
it
hath
been
his
custom
(
and
it
may
be
it
is
an
ill
one
)
never
to
mind
words
spoken
in
the
place
,
unless
he
supposes
he
shall
be
called
to
account
for
them
:
he
remembers
my
Lord
spake
of
the
refusing
of
the
Oath
,
and
of
some
rigor
to
them
that
should
refuse
it
,
but
for
particular
words
,
he
members
not
.
Sir
Adam
Loftus
being
asked
what
he
heard
of
these
words
?
Adam
Loftus
Witness
.
He
Answered
,
That
he
was
at
the
Censure
,
but
truly
he
cannot
burden
his
memory
with
any
the
words
that
tend
to
this
question
;
It
was
a
great
while
agoe
,
and
he
little
thought
they
should
come
to
any
recapitulation
of
them
,
and
in
truth
he
doth
not
remember
them
.
Being
asked
whether
Stuarts
Sentence
was
not
given
by
the
unanimous
Vote
of
the
whole
Council
?
He
Answered
,
Indeed
he
believes
it
was
.
Sir
Philip
Manwaring
being
asked
,
what
he
heard
the
Master
of
the
Rolls
say
that
day
?
He
Answered
,
That
coming
from
the
Castle-Chamber
,
waiting
on
my
And
so
his
Lordship
concluded
his
Defence
,
and
said
,
he
hoped
that
there
was
nothing
proved
that
should
touch
him
so
deeply
as
Treason
;
for
if
the
obeying
of
the
Commands
of
this
Case
be
so
great
a
crime
,
he
must
confess
,
if
it
were
to
do
again
(
being
not
better
informed
by
wiser
men
,
tho
hereafter
he
may
be
better
informed
,
and
prevent
it
)
he
should
be
that
Trairor
over
again
,
and
do
the
self-same
thing
again
:
and
therefore
if
he
had
done
it
out
of
ignorance
,
he
hopes
their
Lordships
will
not
look
on
him
as
having
any
evil
intention
or
wicked
purpose
,
but
to
serve
His
Majesty
with
faithfulness
,
which
he
hopes
will
procure
an
easier
judgement
from
their
Lordships
,
than
to
think
of
a
High
Treason
in
this
Article
.
And
then
Mr.
Whitlock
made
Reply
thereunto
,
in
substance
as
followeth
.
That
in
his
Answer
to
my
Lord
of
Strafford's
Defence
,
he
shall
begin
with
that
,
which
his
Lordship
was
pleased
to
mention
last
,
and
also
at
the
beginning
,
That
this
should
not
be
accounted
Treason
,
he
knows
not
the
Illegality
of
it
,
and
if
it
were
to
be
done
again
,
he
would
do
it
on
that
Command
.
Whence
Mr.
Whitlock
observed
,
that
his
slighting
,
or
rather
justifying
of
this
offence
,
when
he
is
told
in
this
great
Presence
,
that
it
is
against
Law
,
and
will
be
made
good
,
and
appear
to
be
against
Law
,
is
a
great
aggravation
of
the
offence
.
It
is
well
known
,
that
a
new
Oath
cannot
be
Imposed
without
Assent
in
Parliament
.
It
is
legistativa
potestas
;
The
Oath
of
Allegiance
is
as
antient
as
our
allegiance
,
and
nothing
needed
to
have
been
added
to
that
:
and
,
had
it
been
tendered
to
them
,
as
it
might
have
been
by
Law
,
this
would
have
performed
the
Kings
Command
,
which
,
under
favour
,
went
no
farther
,
and
would
have
been
sufficient
security
of
what
was
doubted
and
feared
:
But
,
my
Lord
of
Strafford
will
go
farther
;
the
Oath
that
the
Law
enjoyns
doth
not
please
him
,
he
must
have
a
new
one
framed
by
himself
,
and
published
by
his
Authority
,
thereby
to
make
his
Authority
equal
to
an
Act
of
Parliament
.
'T
is
indeed
believed
,
there
were
some
apprehensions
of
dangers
in
Ireland
,
by
the
great
number
of
the
Scots
there
,
and
a
Covenant
in
Scotland
then
Sworn
,
but
that
Covenant
is
not
to
be
medled
withal
now
.
The
Charge
enforced
against
my
Lord
of
Strafford
,
is
not
his
Care
of
preventing
danger
to
the
Kingdom
,
but
that
he
caused
a
new
and
unusual
Oath
to
be
Imposed
;
and
particularly
,
that
they
should
submit
to
all
the
Kings
Royal
Commands
.
The
Committee
confess
,
and
think
,
no
man
had
ever
yet
a
heart
to
doubt
,
That
the
King
would
command
any
thing
that
should
be
against
Law
:
But
,
it
hath
been
sufficiently
proved
,
that
my
Lord
of
Strafford
(
a
Subordinate
Minister
under
the
King
)
hath
published
his
own
Commands
in
the
Kings
Name
,
which
are
not
Justificable
,
nor
according
to
Law
:
And
that
,
under
favour
,
might
be
a
good
cause
for
the
Scots
,
to
be
tender
of
taking
his
Oath
;
knowing
,
that
these
Commands
here
,
were
not
His
Majesties
Immediate
Commands
,
but
the
Commands
of
my
Lord
of
Strafford
,
which
they
saw
many
times
so
unlawful
and
exorbitant
.
My
Lord
of
Strafford
hath
produced
diverse
Witnesses
,
to
prove
,
It
was
Debated
on
at
Council-Board
;
And
,
that
the
Scots
did
chearfully
take
the
Oath
:
but
,
in
this
,
he
hath
laboured
to
disprove
his
own
Answer
,
which
is
,
That
the
Scots
came
up
,
and
desired
to
have
an
Oath
;
whereas
it
appears
,
the
Council-Table
thought
fit
to
send
for
them
by
Letters
,
under
his
Lordships
hand
;
and
it
was
propounded
to
them
to
take
such
an
Oath
.
He
sayes
,
himself
put
these
words
into
the
Petition
;
In
equal
manner
and
measure
with
other
His
Majesties
Subjects
:
Which
showes
,
That
my
Lord
of
Strafford
himself
had
the
Perusal
and
Correction
of
this
Petition
,
which
is
a
good
Proof
,
that
he
contrived
the
Oath
.
The
Petition
doth
only
beseech
my
Lord
Deputy
,
That
an
Oath
might
be
framed
to
vindicate
themselves
from
the
Faction
of
their
Countrymen
,
and
the
Covenant
,
which
they
might
have
done
by
the
Legal
Oath
,
the
Oath
of
Allegiance
.
But
he
put
something
in
above
what
they
desired
,
and
that
was
,
for
submission
to
all
the
Kings
Royal
Commands
:
which
may
extend
to
Liberty
,
to
Property
of
Goods
,
and
so
is
a
great
deal
further
,
than
His
Majesty
was
pleased
to
Command
by
His
Letter
,
wherein
there
was
nothing
but
what
was
very
fit
to
be
commanded
by
my
Lord
of
Strafford
,
and
very
fit
for
him
to
obey
.
And
,
What
if
my
Lord
of
Strafford
should
procure
a
Letter
from
His
Majesty
to
do
that
,
which
is
not
warrantable
by
Law
?
the
Kings
considerations
are
far
above
the
particular
Points
of
the
Municipal
Law
of
this
Kingdom
;
He
cannot
know
them
,
but
is
to
be
enformed
of
them
by
His
Ministers
:
Now
,
if
my
Lord
of
Strafford
shall
misinforme
Him
,
and
desire
to
have
that
by
His
Authority
,
which
is
not
warrantable
by
Law
,
the
fault
is
my
Lord
of
Straffords
;
and
,
it
much
aggravates
the
Crime
;
but
,
the
Kings
Letter
doth
not
warrant
my
Lord
of
Strafford
,
for
he
hath
proceeded
further
.
He
sayes
,
concerning
the
Censure
of
Mr.
Stuart
,
That
he
delivered
his
Opinion
among
the
rest
:
but
,
their
Lordships
may
remember
,
he
went
as
high
as
to
charge
him
with
Treason
.
It
is
true
,
the
Bishop
of
Derry
conceived
it
might
be
Treason
;
And
,
the
Primate
said
,
The
Denial
of
the
former
part
might
be
Treason
,
but
not
the
latter
:
but
,
my
Lord
of
Strafford
conceived
the
latter
part
to
be
Treason
too
:
And
therefore
,
surely
,
his
Opinion
had
more
harshness
and
severity
then
the
rest
;
and
,
being
his
Opinion
,
it
was
of
sufficient
weight
to
carry
along
with
him
all
the
rest
:
and
,
that
which
was
his
own
Act
at
the
beginning
,
which
he
Contrived
and
Treated
with
the
Scotch
Lords
and
Gentlemen
,
That
he
persues
in
his
Sentence
;
and
,
if
others
joyn
with
him
in
a
hard
Sentence
against
Law
,
his
fault
is
not
the
less
,
but
rather
the
greater
,
to
draw
others
into
the
same
fault
.
His
Lordship
says
little
of
the
Fine
that
is
paid
.
It
is
true
,
it
cannot
be
proved
how
much
was
paid
;
but
,
those
that
were
Fined
continued
in
Prison
till
very
lately
,
for
that
Fine
.
And
,
whereas
he
sayes
,
Any
,
taking
the
Oath
,
might
have
been
Released
the
next
day
.
It
is
the
more
Cruelly
done
,
to
keep
them
in
Prison
till
they
take
an
Oath
,
who
cannot
satisfie
their
Consciences
,
that
they
may
take
it
.
My
Lord
sayes
,
If
one
refuse
the
Oath
of
Allegiance
in
this
Kingdom
,
he
shall
incur
a
Premunire
,
and
this
Sentence
was
more
moderate
,
Indeed
,
if
that
had
been
tendered
,
they
had
incurred
the
like
sentence
,
and
that
might
serve
the
turn
;
but
,
my
Lord
must
stretch
his
power
higher
,
and
above
the
Law
;
He
would
frame
a
new
Law
;
and
,
for
not
observing
that
,
a
new
Punishment
too
.
He
sayes
,
There
is
nothing
of
the
Ecclesiastical
Discipline
in
the
Oath
:
but
,
the
Witnesses
expresse
it
,
that
my
Lord
interpreted
it
,
to
extend
to
the
observation
of
the
Ceremonies
,
and
Government
of
the
Church
established
,
and
to
be
established
.
His
denial
to
speak
the
words
,
That
he
would
root
out
the
Scotch
Nation
,
doth
not
disprove
that
,
which
is
so
clearly
and
strongly
proved
by
two
Witnesses
.
He
sayes
,
He
should
be
Frantick
,
if
he
should
speak
such
words
:
but
one
of
the
Witnesses
said
,
He
exprest
himself
to
be
transported
,
and
that
he
knew
not
what
he
said
in
that
Sentence
.
He
sayes
,
He
never
received
wrong
from
that
Nation
,
but
Curtesies
,
then
those
words
show
the
more
Ingratitude
.
He
says
,
Sir
Iames
Mountgomery
speaks
nothing
that
sticks
on
him
:
It
is
true
,
he
speaks
only
to
the
Contravening
of
the
Oath
;
but
,
he
shows
that
to
be
expresly
otherwise
,
then
in
my
Lords
Answer
.
He
confesses
he
gave
the
Oath
:
but
,
whether
he
did
or
no
,
his
Authority
Injoyning
of
it
,
would
have
been
all
one
.
He
says
,
Sir
Iames
Mountgomery
desired
the
words
,
Iust
and
Lawful
Commands
,
might
be
added
:
and
,
that
my
Lord
expounded
it
,
No
other
were
intended
.
But
then
there
was
the
less
reason
to
deny
the
inserting
some
of
them
,
for
their
sakes
that
were
tender
,
and
desired
to
have
them
put
in
,
for
their
satisfaction
.
He
sayes
,
That
Sir
Iohn
Clotworthy
deposes
,
That
Multitudes
of
the
Scotch
Nation
went
away
;
but
,
he
names
none
:
But
,
if
Sir
Iohn
be
Asked
,
he
will
give
very
good
satisfaction
.
Sir
Iohn
Clotworthy
being
Asked
to
that
Point
?
He
Answered
,
That
he
might
easily
,
amongst
so
great
a
Multitude
,
Remember
so
few
names
;
and
when
he
heard
my
Lord
of
Straffords
Exception
,
Multitudes
did
throng
in
upon
him
,
whereof
he
did
now
particularly
name
about
six
,
and
said
,
He
could
name
a
great
many
more
.
Being
Asked
,
concerning
the
Execution
of
Trueman
,
as
a
Traytor
,
for
the
matter
of
Knockfergus
?
He
Answered
,
That
he
was
at
Knockfergus
at
the
Assizes
,
when
this
Trial
was
concerning
this
Trueman
;
and
was
then
on
the
Bench
,
and
heard
all
the
passages
of
the
business
;
whereof
he
made
this
brief
Relation
as
followeth
.
This
Trueman
was
an
Englishman
,
that
dwelt
not
far
from
Knockfergus
,
and
one
that
was
sent
about
the
Country
;
but
,
by
whom
,
Sir
John
could
not
tell
:
but
,
there
were
vehement
Suspitions
,
that
he
was
Imployed
to
find
out
those
that
would
engage
in
Discourse
concerning
the
Scotch
business
;
he
spake
with
one
Captain
Giles
,
who
feigned
himself
a
great
Friend
of
the
Scotch
Nation
;
and
said
,
That
he
conceived
they
were
greatly
distressed
;
and
wished
,
that
he
could
use
means
whereby
they
might
be
eased
.
Hence
he
discoursed
with
True-man
,
who
was
but
a
silly
Man
,
and
got
from
him
words
,
whereby
he
discovered
a
good
will
to
the
Scotch
Nation
;
and
some
discourse
about
the
Castle
of
Knockfergus
;
insomuch
,
that
he
got
Truemans
Letter
to
recommend
him
into
Scotland
,
whether
he
pretended
a
desire
to
go
,
to
serve
under
that
Command
:
Upon
this
he
produced
the
Letter
,
and
that
was
given
in
Evidence
against
him
,
and
so
he
was
Condemned
and
Executed
.
Mr.
Whitlock
proceeded
,
and
said
;
My
Lord
alledgeth
for
his
Justification
,
Though
Richard
Salmon
was
mistaken
,
in
point
of
time
,
of
speaking
those
words
of
the
Scotch
Nation
at
the
Sentence
;
yet
,
he
speaks
to
the
substance
and
matter
of
the
Sentence
and
Words
,
and
it
was
when
my
Lord
of
Strafford
was
in
Ireland
:
and
though
the
name
of
the
Month
be
mistaken
,
it
cannot
weaken
his
Testimony
;
and
my
Lord
of
Strafford
confesses
he
was
at
the
Sentence
,
and
the
day
before
he
came
to
England
.
And
,
with
him
,
concurs
Loftus
,
though
not
in
Words
,
yet
in
Substance
.
My
Lord
produced
Witnesses
concerning
these
words
.
Sir
Philip
Manwaring
affirms
,
my
Lord
said
,
He
was
very
sorry
Stuart
should
be
the
only
Man
:
yet
,
it
is
proved
,
that
diverse
were
brought
to
Dublin
,
and
Imprisoned
there
;
and
many
hundreds
forsook
the
Kingdom
,
and
left
their
Estates
;
therefore
he
could
not
be
the
onely
man
.
But
,
though
he
and
the
rest
remember
not
the
words
,
yet
if
the
Witnesses
produced
do
precisely
remember
them
,
the
forgetfulness
of
my
Lord
of
Straffords
Witness
shall
not
at
all
Impeach
the
other
.
So
the
Committee
concluded
thus
;
That
it
stands
clear
,
that
my
Lord
of
Strafford
hath
assumed
a
power
to
himself
above
Law
,
to
Administer
an
Oath
contrary
to
Law
;
a
new
Oath
,
to
bind
Mens
Consciences
with
great
severity
.
He
said
formerly
,
He
would
make
an
Act
of
State
equal
to
an
Act
of
Parliament
,
and
nothing
can
make
an
Oath
but
an
Act
of
Parliament
;
in
this
therefore
he
is
as
good
as
his
word
.
This
is
an
assuming
of
a
Power
above
Royal-Power
;
for
an
Act
of
Parliament
cannot
be
made
,
without
the
Three
Estates
,
their
Lordships
and
the
Commons
are
Interested
in
it
;
for
,
this
is
not
—
Penes
Potestatem
ministri
.
Mr.
Maynard
added
,
That
some
Exceptions
had
been
taken
against
Sir
Iames
Mountgomery
,
viz.
That
he
was
scrupulous
to
the
Petition
,
but
not
My
Lord
of
Strafford
takes
a
Power
to
Administer
an
Oath
.
It
is
hard
to
lay
such
Bonds
on
any
;
but
,
to
put
it
on
general
and
ambiguous
words
,
is
much
harder
:
And
,
how
far
that
may
intrench
on
any
Man
,
if
for
refusing
such
an
Oath
he
shall
be
Sentenced
in
the
Star-Chamber
,
more
then
he
is
ever
able
to
pay
,
and
more
than
my
Lord
of
Strafford
confesses
he
would
expect
payment
of
;
this
is
so
transcendent
an
Incroachment
,
that
there
cannot
be
a
greater
:
for
,
it
takes
away
Liberty
of
Conscience
,
and
endangers
the
whole
Estate
.
And
,
the
Kings
Letter
doth
not
justifie
the
proceeding
at
all
:
for
,
had
my
Lord
persued
that
,
and
gone
no
farther
,
there
had
been
no
Complaint
;
for
His
Majesty
enjoyned
him
to
take
an
Oath
,
that
might
distinguish
one
from
another
;
but
,
doth
not
enjoyn
to
punish
them
that
refused
it
:
the
Grievance
is
the
Coertion
of
it
;
and
so
,
under
favour
,
It
is
no
Justification
.
Mr.
Stroude
added
,
That
my
Lord
of
Strafford
,
at
the
end
of
his
Speech
,
said
,
If
this
were
Treason
,
and
the
Occasion
offered
,
he
would
be
ready
My
Lord
of
Strafford
desired
to
clear
this
Point
;
and
said
,
The
Gentlemen
E.
of
Strafford
.
is
a
great
way
off
him
,
and
may
easily
mistake
;
For
he
said
,
Were
it
again
to
do
,
being
no
better
informed
then
he
was
at
that
time
,
he
should
do
it
:
But
now
he
understands
more
than
he
understood
before
.
But
,
Mr.
Stroud
My
Lord
of
Strafford
did
here
desire
a
Motion
or
two
:
The
First
Importing
,
That
he
should
be
very
unwilling
any
thing
E.
of
Strafford
.
should
befall
him
,
that
might
be
a
Prejudice
to
the
Peerage
of
the
Realm
;
and
,
out
of
the
duty
he
owes
to
that
,
he
might
crave
leave
humbly
to
enform
their
Lordships
,
That
he
hath
a
great
Family
in
Ireland
;
his
Wife
and
Children
are
there
;
that
all
he
hath
is
seized
on
:
So
that
he
hath
not
,
as
he
protested
(
but
as
he
borrowes
it
)
Money
to
buy
Meat
to
feed
himself
here
:
And
,
how
his
Wife
and
Children
,
and
Servants
do
in
Ireland
,
he
knows
not
;
but
,
that
they
are
under
the
Providence
of
Almighty
God
.
That
it
is
a
heavy
Case
,
that
being
Impeached
of
Treason
(
and
Constructive
Treason
,
he
hopes
,
it
will
prove
at
the
most
)
that
he
should
be
thus
used
,
being
a
Peer
of
the
Realm
,
to
have
all
he
hath
taken
in
this
sort
,
and
his
Wife
and
Children
,
and
Family
thus
unprovided
for
,
and
left
without
so
much
means
as
to
feed
themselves
:
he
therefore
besought
their
Lordships
to
take
him
into
Consideration
,
that
he
may
not
be
worse
than
the
meanest
sort
of
people
,
having
the
honor
to
be
a
Peer
,
under
the
pretence
of
Treason
.
The
Second
was
,
That
,
since
my
Lord-Keeper
,
and
my
Lord
of
Northumberland
may
be
very
good
Witnesses
for
him
in
the
subsequent
Charge
,
that
will
next
come
before
their
Lordships
:
And
,
whether
my
Lord
Cottington
be
in
disposition
to
be
here
on
Monday
,
He
knows
not
;
that
therefore
some
course
might
be
afforded
,
that
he
might
have
the
benefit
of
their
Testimony
,
when
he
shall
come
to
Answer
the
next
Charges
.
Being
demanded
by
the
Lord
Steward
,
By
whom
his
Goods
were
seized
?
and
,
Whether
by
the
Orders
of
the
House
of
Commons
Read
the
other
day
,
that
their
Lordships
might
clearly
understand
him
?
His
Lordship
answered
,
Yes
:
From
whence
Sir
Iohn
Clotworthy
observed
,
That
,
by
these
Orders
,
nothing
could
be
Inferred
,
but
a
Sequestration
of
the
advantage
,
that
might
possibly
be
had
by
the
Tobacco
;
And
,
that
his
Lordship
had
a
fair
Estate
in
Ireland
of
—
per
Annum
acquired
,
since
he
came
into
Ireland
,
which
is
not
at
all
touched
.
To
which
my
Lord
of
Strafford
replyed
,
That
he
had
a
Thousand
a
Year
in
Ireland
,
and
that
was
all
:
And
,
he
had
Two
hundred
and
sixty
in
Family
;
and
,
how
those
can
be
maintained
(
All
the
Customs
being
seized
,
and
a
little
Money
he
had
,
having
but
narrowly
escaped
)
he
desired
their
Lordships
to
take
it
into
their
Consideration
.
For
these
Particulars
,
his
Lordship
had
direction
to
Petition
to
their
Lordships
;
And
so
the
House
was
Adjourned
,
and
Monday
morning
next
appointed
to
proceed
about
the
ARTICLES
.
The
Council
for
the
House
of
Commons
having
proceeded
against
the
Earl
of
Strafford
Article
by
Article
,
till
they
came
to
Article
20
,
but
then
finding
the
following
Articles
so
nearly
related
to
one
another
,
they
would
tye
themselves
no
more
to
these
Rules
;
but
,
pleaded
for
Liberty
,
to
handle
them
,
not
as
they
lay
,
but
as
they
were
Related
to
one
another
:
And
,
after
my
Lord
Strafford
had
long
and
vigorously
opposed
this
,
my
Lord
High
Steward
Determined
the
Case
,
and
Ordered
,
They
should
be
handled
promiscuously
,
and
in
cumulo
,
as
the
Council
for
the
Commons-House
should
think
fit
.
Therefore
I
have
set
down
these
Articles
that
were
thus
Debated
here
.
THE
Twentieth
Article
.
The
Charge
.
20.
THat
the
said
Earl
hath
,
in
the
Fifteenth
and
Sixteenth
The
said
Earl
having
formerly
expressed
the
height
and
rancour
of
his
Mind
towards
His
Majesties
Subjects
of
the
Scotch
Nation
,
viz.
the
Tenth
day
of
October
,
in
the
Fifteenth
year
of
His
Majesties
Reign
,
he
said
,
That
the
Nation
of
the
Scots
were
Rebels
,
and
Traytors
;
and
he
being
then
about
to
come
to
England
,
he
then
further
said
,
That
if
it
pleased
his
Master
(
meaning
His
Majesty
)
to
send
him
back
again
,
he
would
root
out
of
the
said
Kingdom
(
meaning
the
said
Kingdom
of
Ireland
)
the
Scotch
Nation
,
both
root
and
branch
.
Some
Lords
and
others
,
who
had
taken
the
said
Oath
in
the
precedent
Article
,
onely
excepted
:
and
the
said
Earl
hath
caused
diverse
of
the
Ships
and
Goods
of
the
Scots
to
be
●aped
,
seized
,
and
molested
,
to
the
intent
to
set
on
the
said
War
.
THE
One
and
Twentieth
Article
.
The
Charge
.
21.
THat
the
said
Earl
of
Strafford
,
shortly
after
his
Speeches
,
And
having
Incited
His
Majesty
to
an
Offensive
War
,
against
His
Subjects
of
Scotland
by
Sea
and
Land
,
and
by
pretext
thereof
to
raise
Forces
for
the
maintenance
of
that
War
,
he
compelled
His
Majesty
to
call
a
Parliament
in
England
:
yet
the
said
Earl
intended
,
that
if
the
said
Proceedings
of
that
Parliament
should
not
be
●ch
▪
as
would
stand
with
the
said
Earl
of
Straffords
mischievous
D●
,
he
would
then
procure
His
Majesty
to
break
the
same
,
and
,
by
ways
of
Force
and
Power
,
to
raise
Monies
upon
the
Sub●cts
of
this
Kingdom
.
And
,
for
the
encouragement
of
His
Majesty
to
hearken
to
his
Advice
,
he
did
,
before
His
Majesty
and
Privy-Council
,
then
sitting
in
Council
,
make
a
large
Declaration
,
That
he
would
serve
His
Majesty
in
any
other
way
,
in
case
the
Parliament
should
not
supply
him
.
THE
Two
and
Twentieth
Article
.
The
Charge
.
22.
THat
in
the
month
of
March
,
before
the
beginning
of
the
last
George
Rateliffe
,
did
together
with
him
the
said
Sir
George
,
traiterously
conspire
to
employ
the
said
Army
,
for
the
ruine
and
destruction
of
the
Kingdom
of
England
,
and
of
His
Majesties
Subjects
,
and
of
altering
and
subverting
of
the
fundamental
Laws
,
and
established
Government
,
of
this
Kingdom
.
And
shortly
after
,
the
said
Earl
of
Strafford
re●ited
into
England
,
and
to
sundry
persons
,
declared
his
opinion
to
be
.
That
His
Majesty
should
first
try
the
Parliament
here
,
and
if
that
did
not
supply
him
,
according
to
his
occasions
,
he
might
use
then
His
Prerogative
as
he
pleased
,
to
levy
what
he
needed
;
and
that
he
should
be
acquitted
both
of
God
and
Man
,
if
he
took
some
other
courses
to
supply
himself
,
though
it
were
against
the
Wills
of
His
Subjects
.
THE
Three
and
Twentieth
Article
.
The
Charge
,
23.
THat
upon
the
Thirteenth
day
of
April
last
,
the
Parliament
THE
Four
and
Twentieth
Article
.
The
Charge
,
24.
THat
in
the
same
month
of
May
,
he
the
said
Earl
of
Strafford
,
His
Majesties
Declaration
of
the
Causes
that
moved
him
to
Dissolve
the
last
Parliament
,
Full
of
bitter
and
malicious
Invectives
,
and
false
,
and
scandalous
aspersions
against
the
said
House
of
Commons
.
Monday
,
April
5.
1641.
THE
Right
Honourable
the
Lord
Steward
did
this
day
Mr.
Whitlock
Answered
,
That
they
shall
go
on
according
to
their
Lordships
To
which
my
Lord
of
Strafford
replyed
,
That
the
motion
is
very
new
to
But
Mr.
Whitlock
and
Mr.
Maynard
thus
explained
it
,
that
they
intend
viva
voce
;
and
that
they
should
take
the
boldness
to
name
one
of
them
to
their
Lordships
,
and
that
is
Mr.
Sergeant
Glanvile
,
who
was
sent
for
eight
days
since
,
and
will
be
in
Town
to
night
,
And
for
my
Lord
of
Canterbury
,
if
they
have
examined
him
,
it
was
before
his
Charge
,
and
they
shall
make
no
use
of
his
examination
,
neither
is
he
a
person
capable
of
being
a
Witness
,
being
now
charged
,
and
in
some
particulars
,
for
conspiring
with
the
Lords
at
the
Bar
,
and
therefore
they
submit
it
,
whether
it
be
convenient
he
should
be
examined
,
though
if
they
shall
urge
his
Testimony
,
it
will
be
something
;
and
likewise
their
Lordships
over-ruled
it
in
Sir
George
Ratcliff's
Case
.
But
my
Lord
of
Strafford
submitting
all
to
their
ordships
good
pleasure
,
it
being
his
part
only
to
move
(
as
his
Lordship
said
)
and
do
what
their
Lordships
should
in
their
wisdoms
think
fit
.
The
Lord
Steward
declared
their
Lordships
pleasure
,
that
Sergeant
Glanvill
and
the
other
Witnesses
might
be
reserved
to
be
heard
to
morrow
viva
voce
;
and
Mr.
Whitlock
proceeded
,
putting
their
Lordships
in
mind
,
that
they
My
Lord
of
Strafford
did
thereupon
offer
,
that
he
conceived
it
was
Article
by
Article
,
that
his
Memory
is
short
,
and
his
Abilities
weak
;
and
if
three
or
four
be
brought
together
,
his
Memory
will
not
serve
him
to
give
them
that
account
,
that
otherwise
he
should
be
able
to
do
;
And
since
the
order
of
proceeding
Article
by
Article
was
by
consent
,
he
besought
that
course
might
be
persued
,
not
giving
consent
to
the
alteration
of
it
.
But
Mr.
Maynard
desired
leave
to
remember
their
Lordships
,
that
they
My
Lord
of
Strafford
humbly
appealed
to
their
Lordships
,
Whether
the
Favour
offered
him
for
recollecting
his
Notes
,
had
spent
much
To
which
Mr.
Whitlock
Answered
,
That
if
the
Articles
be
not
proceeded
in
together
,
and
as
having
relation
to
one
another
,
they
will
loose
much
Mr.
Glyn
adding
,
That
he
never
knew
before
this
time
,
a
Prisoner
at
But
in
that
case
my
Lord
of
Strafford
desired
he
might
have
time
to
So
the
Committee
that
managed
the
Evidence
for
the
Commons-House
,
had
direction
to
proceed
as
they
had
propounded
.
Mr.
Whitlock
then
proceeded
to
open
the
Charge
of
these
Articles
,
which
will
refer
,
to
prove
a
designe
of
my
Lord
of
Strafford
against
Scotland
,
First
,
they
shall
apply
themselves
to
prove
his
designe
against
Scotland
,
which
lies
first
in
the
Charge
;
That
he
advised
the
King
two
or
three
times
,
that
the
demands
made
by
the
Scots
in
their
Parliament
,
were
a
sufficient
ground
for
a
Warr
against
them
,
notwithstanding
that
Parliament
was
indicted
by
the
Kings
Royal
Authority
,
and
they
have
their
liberty
to
Propound
and
Treat
.
Your
Lordships
may
remember
what
my
Lord
of
Strafford
said
at
the
sentencing
of
Stewart
in
Ireland
,
whereby
he
expressed
his
hatred
and
rancor
towards
them
,
and
his
opinion
of
them
at
that
time
,
being
after
the
pacification
made
,
and
he
continues
in
the
same
ill
opinion
of
them
,
and
to
give
the
same
ill
Council
.
That
at
another
time
he
told
His
Majesty
,
the
demands
of
the
Scots
in
their
Parliament
,
were
not
matter
of
Religion
;
but
struck
at
the
root
of
Government
,
and
that
it
was
fit
to
punish
them
by
force
.
That
he
caused
the
Ships
of
the
Scots
in
Ireland
to
be
seized
.
That
he
procured
the
Parliament
in
Ireland
to
declare
their
assistance
,
and
give
supply
for
a
Warr
against
Scotland
,
and
that
several
times
he
endeavoured
to
perswade
His
Majesty
to
an
offensive
Warr
against
the
Scots
,
under
which
particulars
will
fall
in
proof
,
his
design
against
Scotland
.
His
design
against
England
was
of
the
same
nature
,
which
will
appear
by
his
words
and
by
his
Councils
,
and
by
some
Speeches
given
out
by
those
that
have
very
near
Relation
to
him
,
and
are
his
creatures
,
who
agreed
with
his
own
words
likewise
.
They
shall
prove
to
their
Lordships
,
That
on
a
discourse
between
Sir
George
Ratcliffe
and
Sir
Robert
King
,
concerning
the
War
with
the
Scots
,
and
my
Lord
of
Straffords
being
engaged
in
it
.
Sir
George
Ratcliffe
told
him
,
We
are
ingaged
in
a
War
with
the
Scots
,
and
we
must
go
on
with
it
;
and
being
demanded
how
the
King
would
do
,
if
he
were
not
supplyed
by
Parliament
?
He
said
the
King
hath
30000
men
,
and
400000
l.
in
his
Purse
,
and
his
Sword
by
his
side
;
and
if
he
wants
Money
,
who
could
pity
him
?
That
he
said
likewise
he
could
make
peace
with
the
Scots
when
he
list
,
but
that
was
the
worst
of
Evils
.
There
were
other
words
spoken
by
Sir
George
Wentworth
,
my
Lord
of
Strafford's
Brother
,
to
a
Gentleman
,
a
Member
of
the
House
of
Commons
;
that
England
was
sick
of
Peace
,
and
it
would
never
be
well
with
it
,
till
it
were
again
conquered
.
These
were
the
words
of
others
his
Creatures
,
They
shall
prove
his
Lordship's
own
words
and
Counsels
.
That
he
declared
his
opinion
to
my
Lord
Primate
of
Ireland
,
that
in
case
of
necessity
,
His
Majesty
might
use
his
Prerogative
,
to
levy
what
he
needed
,
saving
first
to
try
the
Parliament
,
and
if
that
supply
him
not
,
then
to
use
his
Prerogative
as
he
pleased
.
That
at
another
time
when
my
Lord
Conway
,
a
Nobleman
of
this
House
,
was
pleased
to
ask
him
,
How
the
Forces
raised
,
and
to
be
raised
,
should
be
paid
?
My
Lord
of
Strafford
said
,
he
doubted
not
but
twelve
Subsidies
would
be
given
.
My
Lord
Conway
putting
the
doubt
to
him
again
,
What
if
they
should
not
be
given
?
My
Lord
of
Strafford
was
pleased
to
reply
,
Then
the
King
would
be
acquitted
before
God
and
Men
,
if
he
took
some
other
course
to
supply
himself
,
though
it
were
against
the
Will
of
the
Subject
.
At
another
time
,
when
His
Majesty
had
Graciously
declared
himself
,
that
he
would
have
a
Parliament
,
he
was
pleased
to
say
,
That
in
case
the
Parliament
should
not
supply
him
,
he
would
be
ready
to
serve
him
in
any
other
way
.
These
Words
and
Counsels
were
all
before
the
calling
of
the
last
Parliament
.
In
the
time
of
the
sitting
of
the
Parliament
,
the
House
of
Commons
were
frequently
urged
by
Messages
,
procured
by
my
Lord
of
Strafford
from
His
Majesty
,
to
take
consideration
of
the
Kings
Supply
for
a
War
a-against
Scotland
;
and
before
consideration
and
relief
of
the
grievances
in
Religion
and
Government
of
the
Kingdom
,
12
Subsidies
were
demanded
,
for
release
of
the
Ship-money
only
,
and
when
the
House
of
Commons
were
in
debate
concerning
Supply
,
and
before
they
came
to
resolution
,
by
advise
of
my
Lord
of
Strafford
,
that
Parliament
was
dissolved
.
After
the
Parliament
was
dissolved
they
shall
show
,
how
,
by
divers
Words
and
Counsels
my
Lord
of
Strafford
endeavoured
,
to
incense
His
Majesty
against
His
loving
Subjects
,
and
so
to
slander
them
to
His
Majesty
,
as
to
make
a
division
between
them
;
And
also
of
His
design
,
to
bring
in
an
Army
upon
us
.
That
he
declared
to
His
Majesty
,
that
the
Parliament
had
denyed
to
supply
him
,
and
had
quite
forsaken
him
:
and
that
he
said
to
a
Noble
Earl
of
that
House
,
That
the
Parliament
in
this
great
distress
of
the
King
and
Kingdom
,
had
refused
to
supply
the
King
in
the
ordinary
and
usual
way
,
and
therefore
the
King
might
provide
for
the
Kingdom
,
by
such
ways
,
as
he
thought
fit
;
and
that
the
King
was
not
to
suffer
himself
to
be
mastered
by
the
frowardness
,
and
undutifulness
of
his
people
.
That
he
said
at
another
time
to
a
Nobleman
in
this
House
,
That
the
Parliament
in
denying
to
supply
the
King
,
had
given
him
advantage
to
supply
himself
by
other
ways
.
And
if
worse
words
can
be
uttered
or
spoken
than
what
have
been
mentioned
,
they
shall
conclude
with
such
of
his
words
,
as
none
can
be
imagined
to
be
of
more
fearful
and
dangerous
consequence
,
viz.
The
same
day
that
the
Parliament
was
dissolved
,
my
Lord
of
Strafford
,
by
way
of
advice
and
Counsel
,
told
His
Majesty
,
That
now
he
had
tryed
the
affections
of
His
People
,
and
that
he
was
loose
,
and
absolved
from
all
rules
of
Government
:
That
he
was
to
do
all
that
Power
would
admit
;
since
he
had
tryed
all
ways
,
and
was
refused
,
and
should
,
in
so
doing
,
be
acquitted
before
God
and
men
,
and
that
he
had
an
Army
in
Ireland
,
which
he
might
employ
to
reduce
his
Kingdoms
.
They
began
with
that
which
concerned
Scotland
;
The
Earl
of
Traquair
He
Answered
,
That
it
would
be
hard
for
him
to
answer
to
so
general
a
question
,
for
their
Lordships
,
and
a
great
many
know
,
that
he
made
relation
of
the
demands
made
by
the
Scotch
Subjects
in
Parliament
,
at
two
several
times
,
one
by
the
King's
Command
here
,
before
the
Lords
of
the
Council
:
Another
by
the
like
Command
of
His
Majesty
,
before
the
Peers
at
York
.
But
being
directed
to
apply
himself
to
the
words
spoken
by
my
Lord
of
Strafford
,
when
he
made
his
relation
before
the
Council
here
.
His
Lordship
Answered
,
That
he
could
hardly
give
an
Answer
to
such
a
general
Question
;
but
he
believed
my
Lord
of
Strafford
when
he
was
at
Council
,
gave
his
opinion
in
any
thing
brought
in
debate
,
as
the
Lords
of
the
Council
did
:
He
knew
what
was
brought
in
debate
,
but
cannot
condiscend
to
every
thing
that
my
Lord
spake
there
.
Mr.
Whitlock
here
interposed
,
and
said
,
That
he
mentioned
not
the
To
which
my
Lord
Traquair
being
Interrogated
?
He
Answered
,
That
he
should
very
clearly
declare
to
the
best
of
his
memory
,
what
he
heard
upon
that
occasion
;
but
for
the
present
Mr.
Whitlock
offered
to
their
Lordships
,
that
(
for
the
recollecting
of
his
memory
)
my
Lord
Traquair
might
peruse
the
former
Deposition
.
But
my
Lord
of
Strafford
opposed
it
,
because
their
Lordships
having
not
yet
made
use
of
any
thing
taken
on
oath
,
he
desired
that
Rule
might
be
still
kept
.
Mr.
Palmer
insisted
on
it
,
it
being
not
offered
as
a
proof
to
be
heard
,
but
My
Lord
Traquair
desired
,
that
he
might
not
be
mistaken
,
for
he
would
express
his
Reasons
,
and
humbly
submit
it
to
their
Lordships
,
that
he
was
by
order
of
their
Lordships
,
examined
on
oath
before
,
and
examined
on
the
same
question
,
and
he
only
submitted
this
to
their
Lordships
,
whether
or
not
their
Lordships
would
allow
him
,
to
remit
himself
to
the
Depositions
in
writing
?
And
if
it
was
not
fit
,
nor
consisted
with
their
Lordships
pleasure
,
he
should
go
on
to
the
best
of
his
memory
,
and
if
he
keep
not
the
very
words
,
he
should
keep
the
sence
.
And
this
he
said
was
,
that
he
might
not
vary
from
any
thing
that
was
in
his
written
Deposition
.
Mr.
Maynard
to
induce
their
Lordships
thereunto
,
instanced
,
That
if
a
Whence
my
Lord
of
Strafford
inferred
,
That
this
Gentleman
desired
The
Lord
Traquair
then
proceeded
and
said
;
All
that
he
remembred
And
upon
this
,
(
wherein
he
shall
not
be
obliged
to
words
)
but
something
to
this
sence
;
my
Lord
of
Strafford
expressed
,
That
he
conceived
,
That
the
unreasonable
Demands
of
Subjects
in
Parliament
,
was
a
ground
for
the
King
to
put
himself
into
a
posture
;
or
to
this
sence
:
and
his
Lordship
repeated
,
and
explained
it
;
That
the
unreasonable
Demands
of
Subjects
,
was
a
ground
for
the
King
,
to
put
himself
into
a
posture
of
War
.
Being
asked
,
Whether
it
was
spoken
of
Demands
in
Parliament
?
His
Lordship
Answered
,
It
was
,
that
the
unreasonable
Demands
of
His
Subjects
in
Parliament
&c.
for
it
was
on
the
Scotch
business
they
were
speaking
.
Being
asked
,
where
this
was
spoken
?
He
Answered
,
It
was
spoken
before
the
meeting
of
the
Peers
,
at
the
Council
,
which
was
convened
,
and
he
believes
his
Majesty
was
present
.
Being
directed
to
repeat
the
words
again
?
His
Lordship
said
,
the
words
were
,
That
the
unreasonable
Demands
of
Subjects
in
Parliament
(
for
it
was
on
the
Scotch
Demands
)
my
Lord
conceived
,
might
be
a
ground
for
the
Kings
Majesty
,
to
put
himself
into
a
posture
of
War
.
Being
asked
,
Whether
these
Demands
of
the
Scots
were
not
in
Parliament
?
He
Answered
,
That
all
the
Demands
made
to
the
Kings
Commissioner
,
are
in
Parliament
,
or
by
the
Parliament
;
and
here
he
said
he
was
forced
to
make
a
little
digression
,
if
he
Answered
to
this
,
for
the
Parliaments
there
,
use
not
that
way
that
the
Parliament
doth
here
:
For
he
being
the
Kings
Commissioner
,
Propositions
,
and
Demands
,
and
Articles
were
made
for
him
which
are
the
preparatory
ways
of
Parliaments
;
and
some
Commissioners
from
the
Gentry
and
Nobility
,
made
motions
and
demands
to
him
in
private
,
before
they
were
voted
in
publique
.
And
of
them
all
,
he
was
tyed
to
make
an
account
.
All
were
made
in
Parliament
,
or
by
Warrant
of
Parliament
,
or
by
some
Body
of
the
Parliament
.
Being
asked
,
whether
some
of
the
Lords
then
present
,
did
not
declare
and
express
themselves
to
be
of
a
contrary
opinion
?
He
Answered
,
That
truly
as
he
believed
the
occasion
of
this
came
upon
this
debate
,
and
he
believed
there
were
some
of
the
Lords
of
the
Parliament
,
by
way
of
debate
,
of
another
opinion
,
as
he
remembred
it
.
And
particularly
my
Lord
Morton
said
,
he
was
of
another
opinion
,
to
the
best
of
his
memory
.
Being
Interrogated
,
who
first
spake
in
Council
after
this
relation
?
He
Answered
,
That
he
believed
in
this
there
might
be
a
mistake
,
for
at
that
time
he
had
made
no
relation
,
but
was
to
make
a
relation
next
morning
before
the
Peers
,
and
this
was
only
the
debate
,
whether
he
should
make
relation
or
not
?
But
at
that
time
at
York
no
relation
was
made
before
the
Council
,
but
before
the
Peers
next
morning
.
Being
Asked
,
But
after
the
Relation
made
to
the
Peers
,
Who
then
spake
first
?
He
Answered
,
That
truly
he
could
not
tell
.
Being
Asked
,
Whether
he
could
tell
who
spake
first
at
Whitehal
?
He
Answered
,
That
it
is
very
well
known
to
a
great
many
Lords
here
,
that
he
(
by
His
Majesties
Command
)
made
a
Narrative
of
the
Demands
made
to
him
in
Parliament
by
the
Subjects
of
Scotland
.
In
which
Relation
(
he
hoped
my
Lords
memory
would
serve
)
he
left
the
Commissioners
,
who
were
coming
up
,
by
Warrant
from
His
Majesty
,
on
Petition
,
to
give
a
Reason
of
their
Demands
.
This
he
did
,
and
it
was
his
greatest
care
to
do
it
faithfully
and
ingenuously
,
without
burdening
of
any
whom
it
concerned
:
and
,
to
burden
his
memory
,
who
spake
first
,
and
who
spake
last
,
he
could
not
tell
;
but
,
on
debate
of
the
business
,
something
was
proposed
to
the
Table
,
and
every
man
declared
his
Opinion
;
and
,
he
thinks
,
they
all
agreed
in
one
;
but
,
who
spake
first
,
and
who
last
,
he
knows
not
.
Being
Asked
,
Whether
he
remembred
the
words
my
Lord
of
Strafford
spake
,
at
the
making
of
that
Relation
to
the
Privy-Council
?
He
Answered
,
That
he
remembers
that
(
which
he
hopes
all
my
Lords
well
remember
)
on
that
Relation
of
his
,
the
Kings
Majesty
being
then
present
in
Person
,
was
gratiously
pleased
to
take
notice
of
that
,
he
(
the
Deponent
)
had
there
affirmed
,
That
some
one
(
he
thinks
his
name
was
Cunningham
)
was
sent
from
the
Parliament
of
Scotland
,
to
supplicate
His
Majesty
to
allow
some
of
their
own
members
to
come
up
to
His
Presence
,
and
present
their
Demands
.
The
King
was
pleased
it
should
be
so
;
and
when
they
were
all
of
the
same
Opinion
,
the
King
condescended
to
it
;
and
,
to
the
best
of
his
remembrance
,
it
was
consented
to
by
my
Lord
of
Strafford
and
the
whole
Board
;
That
at
their
coming
up
,
if
they
should
not
give
good
Reasons
and
satisfaction
for
their
Demands
,
they
would
be
assistant
to
His
Majesty
to
put
him
in
a
posture
,
to
reduce
them
to
their
due
Obedience
;
But
he
cannot
tye
himself
to
words
.
Being
Asked
,
What
was
meant
by
a
Posture
?
He
Answered
,
A
posture
of
Warr
he
believed
,
must
needs
be
a
capacity
and
Power
,
to
reduce
them
to
Obedience
.
Being
desired
(
upon
my
Lord
of
Straffords
motion
)
to
repeat
the
words
again
.
He
Answered
,
That
he
made
a
Narrative
Relation
,
and
a
Narrative
Relation
only
:
and
the
Commissioners
,
whom
His
Majesty
was
pleased
to
condescend
to
their
coming
up
,
to
give
Reasons
of
their
Demands
,
That
the
Scotch
Subjects
had
made
in
Parliament
:
This
being
the
State
of
the
Question
;
and
the
Kings
Majesty
gratiously
condescending
,
that
some
of
their
own
Members
should
come
up
,
to
represent
their
own
Demands
;
It
was
put
to
the
Question
,
What
should
be
done
?
And
this
was
the
Conclusion
(
to
his
Memory
,
there
being
no
Clerk
nor
Register
there
,
wherein
my
Lord
of
Strafford
was
no
more
involved
then
the
rest
)
that
if
these
Commissioners
should
not
,
at
their
coming
up
,
give
good
satisfaction
touching
their
Demands
,
the
Council
would
be
assistant
to
His
Majesty
,
to
put
Him
into
a
Posture
of
Warr
,
to
reduce
them
to
their
Obedience
.
He
will
not
say
,
these
very
words
were
reported
again
to
my
Lords
at
York
,
but
the
Sence
and
way
of
them
was
.
My
Lord
Digby
did
here
desire
leave
of
their
Lordships
,
to
represent
And
Mr.
Glyn
added
,
That
this
Noble
Lord
hath
prevented
him
;
My
To
this
my
Lord
of
Strafford
Answered
,
That
here
is
a
Question
now
stirred
,
that
hath
been
hitherto
denied
;
for
,
he
could
leave
out
any
Examinations
But
,
Mr.
Glyn
averred
what
he
said
before
;
That
if
there
be
Examinations
viva
voce
;
and
the
Kings
Council
takes
advantage
,
they
do
Read
the
Examinations
taken
.
And
here
the
Lord
Steward
declared
,
That
it
is
not
denyed
to
any
to
recollect
himself
.
My
Lord
Traquair
thereupon
further
alledged
,
That
this
was
the
first
Mr.
Whitlock
further
added
,
That
they
must
affirm
this
to
be
the
ordinary
and
constant
practice
;
and
,
if
their
Lordships
doubt
it
,
it
shall
be
And
then
offered
the
Deposition
of
my
Lord
Morton
(
he
being
taken
ill
at
that
time
)
to
this
Point
.
By
which
means
my
Lord
of
Strafford
observed
himself
to
be
debarred
,
And
Mr.
Whitlock
Answered
,
And
so
is
every
Prisoner
in
the
like
Yet
my
Lord
of
Strafford
desired
,
He
might
reserve
to
himself
the
benefit
But
Mr.
Whitlock
said
,
That
,
under
favour
,
in
this
Case
,
no
Prisoner
hath
benefit
of
Cross-Examination
,
where
Examinations
are
read
at
And
Mr.
Glyn
added
,
That
he
perceived
by
my
Lord
of
Strafford
,
that
My
Lord
of
Strafford
confest
,
he
might
easily
mistake
,
for
never
did
so
Mr.
Whitlock
thereunto
replyed
,
That
their
Examinations
are
taken
Yet
my
Lord
of
Strafford
said
,
He
takes
it
,
That
if
these
be
those
they
So
my
Lord
Steward
put
an
end
to
this
matter
,
saying
,
That
if
it
can
viva
voce
;
if
not
,
upon
Faith
made
,
the
Examinations
are
to
be
heard
.
And
then
they
proceeded
to
Read
the
Examinations
of
the
Earl
of
Morton
,
taken
23
Ianuary
,
1640.
by
vertue
of
,
and
according
to
a
Commission
under
To
the
103.
Interrogatory
,
This
Examinant
saith
,
That
he
was
present
at
York
,
the
Night
before
the
meeting
of
the
Great
Council
of
the
Peers
of
England
,
then
at
a
Debate
before
His
Majesty
,
touching
the
ground
of
that
War
against
the
Scots
.
104.
He
saith
,
That
at
,
or
in
the
said
Debate
,
he
heard
the
Earl
of
Strafford
,
in
His
Majesties
presence
,
say
,
That
the
unreasonable
and
exorbitant
Demands
made
by
the
Scots
in
their
Parliament
,
were
a
sufficient
ground
to
make
a
War
against
them
;
and
that
the
King
needed
not
to
seek
for
any
other
grounds
for
it
,
or
words
to
that
effect
.
105.
That
towards
the
end
of
the
said
Debate
,
this
Examinant
told
His
Majesty
,
That
His
Majesty
having
given
the
Scots
leave
,
in
their
Parliament
,
to
Petition
for
Redress
of
such
things
,
as
they
conceived
to
be
Grievances
,
he
said
,
His
Majesty
would
not
think
it
a
sufficient
ground
,
to
make
War
against
them
for
any
Demands
by
them
made
in
Parliament
,
without
first
hearing
the
Reasons
thereof
,
which
reasons
were
not
before
that
time
related
at
,
or
in
any
meeting
of
the
Council
,
whereat
this
Examinant
was
present
;
howbeit
the
said
Earl
of
Strafford
again
said
,
That
there
was
ground
enough
for
that
War
.
After
which
his
Majesty
was
pleased
to
say
,
That
this
Examinant
had
reason
,
for
what
this
Examinant
did
then
say
.
Whence
Mr.
Whitlock
observed
,
That
my
Lord
Morton
went
further
then
was
opened
;
For
though
he
told
His
Majesty
,
that
that
which
was
in
Republica
aliena
)
yet
he
reiterates
and
declares
his
advice
again
to
His
Majesty
,
That
these
Demands
were
a
sufficient
ground
of
War
.
106.
He
saith
,
That
when
my
Lord
Traquair
made
Relation
at
the
Council-Table
,
of
the
Demands
made
by
the
Scots
in
their
Parliament
,
without
rendring
any
reason
of
the
said
Demands
,
as
leaving
this
to
the
Scotch
Commissioners
,
who
were
on
their
way
,
coming
towards
His
Majesty
,
by
His
Majesties
leave
,
and
allowed
to
yield
their
Reasons
in
that
behalf
:
which
Course
of
the
said
Earl
of
Traquairs
,
in
leaving
the
said
reasons
to
the
said
Commissioners
,
His
Majesty
well
approved
of
,
and
pleased
himself
to
expect
from
him
a
Relation
onely
what
the
said
demands
were
;
this
Examinant
,
on
the
said
occasion
,
heard
the
said
E.
of
Strafford
say
to
His
Majesty
,
after
the
said
Demands
so
related
,
That
the
said
Demands
were
not
matters
of
Religion
,
but
such
as
did
strike
at
the
Root
of
Government
,
and
such
as
he
thought
were
fit
for
his
Majesty
to
punish
by
force
;
or
words
to
such
effect
.
Whence
Mr.
Whitlock
observed
,
That
the
words
last
read
,
were
spoken
My
Lord
Traquair
being
Interrogated
,
Whether
the
Reasons
of
the
Demands
He
Answered
,
That
at
his
first
Relation
,
their
Lordships
know
very
well
,
the
Commissioners
were
not
come
up
;
but
,
he
cannot
burthen
his
Memory
,
That
he
heard
my
Lord
of
Strafford
say
such
words
.
Mr.
Glyn
observed
,
That
they
put
it
only
to
this
,
That
the
Reasons
And
,
from
these
Proofes
,
Mr.
Whitlock
conceived
it
to
stand
proved
,
For
Proof
of
the
further
Prosecution
of
his
Design
.
Sir
Henry
Vane
,
Treasurer
of
His
Majesties
Houshold
,
and
Principal
Secretary
of
State
,
was
Sworn
and
Interrogated
,
What
Advice
my
Lord
of
He
Answered
,
That
he
should
be
very
glad
to
understand
the
Question
cleerly
,
before
he
makes
an
Answer
;
for
,
to
part
of
it
,
he
is
able
to
say
nothing
:
that
is
,
concerning
the
Ships
of
Scotland
,
he
not
hearing
of
it
till
now
.
And
,
he
will
be
sorry
here
,
to
say
any
thing
,
that
is
not
true
;
for
,
he
conceives
,
the
Witnesses
were
put
upon
a
great
strait
.
The
Examinations
were
taken
long
since
;
and
,
for
his
part
,
he
hath
seen
none
of
them
:
And
he
besought
their
Lordships
,
to
take
so
much
care
of
them
,
that
they
may
not
be
subject
to
cross
what
was
said
before
;
and
,
peradventure
,
bespatter
our selves
,
when
we
ought
to
have
our
Memories
a
little
refresht
in
it
.
This
he
said
he
thought
fit
to
speak
before
he
Answers
the
Question
;
and
,
if
he
be
asked
such
a
Question
as
he
cannot
clearly
Answer
to
,
he
shall
do
it
Candidly
and
Ingenuously
;
but
,
to
the
Ships
,
he
can
say
nothing
.
Being
Asked
,
Whether
about
the
5th
day
of
May
,
1639
,
he
heard
my
Lord
of
Strafford
perswade
the
King
to
an
offensive
War
against
the
Scots
?
He
Answered
,
saying
,
That
to
that
question
he
is
able
to
speak
;
and
,
he
is
the
better
able
(
which
he
may
declare
to
their
Lordships
here
)
because
His
Majesty
hath
been
pleased
,
out
of
the
Justice
and
equality
he
owes
to
all
his
Servants
,
to
give
him
leave
to
do
it
:
To
that
point
then
,
this
he
sayes
,
clearly
and
plainly
,
Whether
it
were
upon
the
5th
day
of
May
,
or
no
,
he
is
not
able
to
say
;
but
either
that
day
,
or
shortly
after
,
where
diverse
of
my
Lords
were
present
,
being
commanded
,
after
the
breach
of
the
Parliament
,
to
speak
what
was
fit
to
be
done
,
and
every
man
to
vote
in
his
own
turn
,
and
he
amongst
the
rest
took
his
turn
;
and
he
must
say
,
that
after
Mr.
Secretary
Windebank
had
spoken
first
of
it
,
it
came
to
him
:
There
were
then
diverse
Reasons
agitated
,
which
do
not
occurr
to
his
Memory
;
but
this
he
remembers
well
,
a
Defensive
War
was
proposed
,
for
it
was
proposed
by
himself
:
Thereupon
that
was
not
thought
fit
to
be
done
;
and
certainly
my
Lord
of
Strafford
was
of
opinion
for
an
Offensive
War
.
This
he
can
say
,
and
this
is
all
he
can
say
to
this
point
.
Being
Interrogated
,
What
he
could
say
against
my
Lord
of
Straffords
procuring
the
Parliament
of
Ireland
,
to
engage
themselves
in
a
Supply
for
a
War
against
Scotland
?
He
Answered
,
That
this
was
new
to
him
;
and
,
he
could
say
nothing
to
it
in
particular
,
but
what
in
general
came
to
his
knowledge
;
That
so
many
Subsidies
were
given
to
the
King
:
and
that
is
all
he
can
say
,
having
not
heard
of
the
Question
till
now
.
Mr.
Whitlock
desired
to
read
my
Lord
of
Northumberland
his
Examination
.
But
,
my
Lord
of
Strafford
conceived
that
not
so
proper
,
his
Examination
Which
Objection
Mr.
Whitlock
taking
off
,
by
offering
to
their
Lordships
that
for
which
they
desired
to
reserve
him
,
was
another
Matter
,
they
now
The
Examination
of
Algernon
Earl
of
Northumberland
,
taken
5th
December
,
1640.
Read
.
To
the
16th
Interrogatory
,
he
saith
;
That
the
said
Lord
Lieutenant
The
Lord
Bishop
of
London
,
Lord
Treasurer
of
England
,
Sworn
,
and
Interrogated
,
He
Answered
,
That
all
he
remembred
of
my
Lord
of
Straffords
Advice
,
touching
a
War
,
was
,
That
which
he
gave
publickly
in
Council
at
the
Council-Board
;
for
,
he
remembred
not
any
single
Advice
that
he
gave
at
all
.
The
Advice
given
by
his
Lordship
(
the
Deponent
)
at
the
Council-Board
,
after
the
Relation
made
by
my
Lord
(
the
Earl
of
Traquair
)
to
the
best
of
his
remembrance
was
this
;
My
Lord
Traquair
did
make
a
Relation
before
His
Majesty
,
and
my
Lords
,
of
what
had
passed
in
the
Parliament
of
Scotland
,
and
of
many
Demands
made
there
;
whereunto
they
did
desire
to
have
His
Majesties
consent
and
approbation
:
His
Majesty
was
pleased
to
signifie
to
those
Lords
,
That
,
among
these
Demands
,
there
were
some
of
them
very
prejudicial
to
that
Crown
;
insomuch
,
that
He
could
by
no
means
give
way
to
and
consent
to
them
,
with
His
Honor
and
safety
,
and
thereupon
the
Advice
,
or
Opinion
,
given
,
was
(
and
then
was
given
by
my
Lord
the
Earl
of
Strafford
,
(
as
well
as
others
of
my
Lords
)
and
the
Demands
being
of
that
nature
,
as
they
were
then
informed
,
and
the
Commissioners
,
as
he
remembers
,
being
then
come
up
,
or
at
lest
had
a
Licence
to
come
up
;
)
It
was
Resolved
upon
,
That
,
in
case
they
should
insist
upon
those
Demands
,
that
had
been
so
related
,
and
would
not
recede
nor
alter
,
nor
submit
otherwise
,
then
His
Majesty
should
prepare
Himself
to
reduce
them
by
force
;
this
he
takes
to
be
my
Lord
of
Straffords
Expression
,
and
the
Substance
of
what
was
there
delivered
.
Being
Asked
,
Whether
my
Lord
of
Strafford
advised
then
an
Offensive
War
,
or
a
Defensive
War
?
He
Answered
,
That
he
did
not
well
remember
what
kind
of
War
,
but
he
thinks
it
was
an
Offensive
War
.
Being
Asked
,
Whether
at
the
Dissolving
of
the
last
Parliament
,
my
Lord
of
Strafford
did
not
advise
to
an
Offensive
War
?
He
Answered
,
That
he
remembers
,
upon
a
Meeting
afterwards
,
of
casting
up
the
Charges
,
and
other
things
,
there
was
a
discourse
of
it
,
Whether
it
was
best
to
have
a
War
,
as
only
Defensive
(
the
War
being
then
resolved
upon
)
or
to
make
an
Offensive
War
?
that
is
,
to
enter
into
Scotland
with
Force
:
And
there
were
diverse
Opinions
in
't
,
and
he
believes
my
Lord
did
incline
to
the
Opinion
,
for
an
Offensive
War
.
Being
Asked
(
on
my
Lord
of
Straffords
motion
)
Whether
he
(
my
Lord
of
Strafford
)
delivered
any
Opinion
at
that
time
,
different
from
the
rest
of
the
Lords
present
?
He
Answered
,
That
every
man
there
,
exprest
himself
in
such
sort
as
he
thought
fit
;
some
in
one
kind
,
some
in
another
;
but
he
did
not
observe
any
difference
as
to
the
main
,
in
the
Opinion
of
any
man
.
Being
Asked
,
About
the
time
,
When
this
was
?
He
Answered
,
It
was
at
the
Council-Board
,
at
that
time
,
when
my
Lord
Traquair
made
his
Relation
,
and
,
as
he
remembers
,
it
was
about
December
.
Being
Asked
,
Whether
he
delivered
his
Opinion
once
,
or
twice
?
He
Answered
,
The
Opinion
was
delivered
but
once
,
as
he
Remembers
.
To
the
Seizing
of
the
Scotch
Ships
in
Ireland
,
after
the
Pacification
,
Mr.
Nich.
Barnewell
Sworn
,
and
Interrogated
,
What
he
knew
of
He
Answered
,
That
Sir
Robert
Loftus
had
a
place
under
my
Lord
Admiral
,
and
had
seized
on
some
Scotch
Ships
and
Boates
;
and
,
that
others
fled
away
:
and
,
that
Sir
George
Ratcliff
was
Angry
that
he
spoke
of
it
in
so
Publick
a
Place
,
as
to
give
them
occasion
to
run
away
;
but
,
the
time
he
doth
not
remember
:
and
,
he
thinks
,
Sir
Robert
Loftus
was
Vice-Admiral
of
Lemster
;
but
,
he
cannot
take
his
Oath
that
the
Warrant
was
from
my
Lord
of
Strafford
;
but
,
Sir
Robert
told
him
,
He
had
a
Warrant
.
And
so
Mr.
Whitlock
said
,
They
would
leave
it
,
as
to
the
matter
of
My
Lord
of
Strafford
hath
declared
his
intention
and
designe
,
to
subvert
the
Parliament
,
and
to
subvert
the
Government
of
Scotland
.
That
he
perswaded
the
King
to
an
offensive
War
,
and
told
the
King
,
their
Demands
were
not
matter
of
Religion
,
but
struck
at
the
root
of
Government
,
and
that
it
was
fit
to
punish
them
by
force
,
and
on
these
proofs
it
is
conceived
his
Designe
was
manifest
.
After
this
Mr.
Whitlock
proceeded
to
shew
also
his
Design
against
England
,
and
began
with
the
Testimony
of
my
Lord
Primate
of
Ireland
.
The
Examination
of
the
Right
Reverend
Father
in
God
,
Iames
,
Lord
Archbishop
of
Armagh
,
Primate
of
all
Ireland
,
taken
11
Ian.
1640.
To
the
119th
Interrogatory
he
saith
,
That
in
or
about
April
last
past
,
The
Lord
Conway
being
asked
what
words
my
Lord
of
Strafford
used
,
His
Lordship
Answered
,
That
he
had
been
formerly
examined
upon
this
thing
,
and
then
gave
his
Answer
,
and
besought
their
Lordships
to
give
him
leave
to
look
on
what
he
said
,
that
he
might
not
vary
.
And
after
some
Debate
thereupon
,
having
the
Copy
of
his
Examination
shewed
him
.
He
Answered
to
the
said
Question
,
That
it
was
only
for
one
word
,
that
he
desired
to
look
into
the
Paper
,
and
it
was
,
whether
in
the
later
end
he
did
not
say
(
or
words
to
that
effect
)
These
words
about
which
he
is
examined
,
did
pass
between
my
Lord
of
Strafford
and
him
in
private
discourse
,
when
(
he
believes
)
neither
of
them
thought
they
should
have
been
called
to
an
account
for
them
;
for
they
were
then
thinking
of
raising
of
Horse
,
and
seeing
but
small
sums
of
Money
,
He
asked
my
Lord
how
these
Forces
should
be
paid
?
His
Lordship
Answered
,
He
made
no
doubt
,
but
that
the
Parliament
would
give
assistance
to
the
King
by
12
Subsidies
;
and
if
they
did
that
,
it
would
sufficiently
pay
the
Army
,
or
some
such
words
.
But
said
he
(
my
Lord
Conway
)
What
if
the
Parliament
shall
not
supply
the
King
,
or
not
give
these
Subsidies
?
Then
my
Lord
of
Strafford
said
,
or
words
to
that
effect
,
That
the
King
had
need
,
and
if
the
Parliment
would
not
supply
the
King
in
those
things
that
were
just
and
lawful
to
be
supplyed
;
and
if
they
would
be
so
wilful
,
as
not
to
supply
him
;
then
the
King
was
justified
before
God
and
Man
,
if
he
did
help
himself
in
the
Goods
of
the
Subjects
(
or
to
this
effect
)
tho
it
were
against
their
Wills
.
Being
directed
to
repeat
the
words
again
(
on
my
Lord
of
Strafford's
motion
.
)
His
Lordship
Answered
,
That
in
his
examination
he
said
words
to
this
effect
,
and
so
he
doth
now
,
yet
doth
not
depose
absolutely
,
that
these
very
words
were
spoken
,
but
to
his
understanding
,
and
as
he
then
conceived
them
,
they
were
to
this
purpose
;
when
he
asked
my
Lord
of
Strafford
,
how
these
Troops
then
raised
should
be
paid
?
My
Lord
of
Strafford
said
,
He
made
no
doubt
but
the
Parliament
would
supply
the
King
,
and
give
him
12
Subsidies
.
And
saying
again
.
What
if
the
Parliament
would
not
give
him
that
assistance
?
My
Lord
of
Strafford
said
,
The
cause
was
very
just
and
lawful
,
and
if
the
Parliament
would
not
supply
him
,
then
he
was
justified
before
God
and
Man
,
if
he
sought
means
to
help
himself
,
though
it
were
against
their
Wills
.
Sir
Henry
Vane
being
Interrogated
,
whether
he
did
not
hear
my
Lord
Henry
Vane
Witness
.
of
Strafford
(
when
consideration
was
had
of
a
Parliament
,
before
the
last
Parliament
)
promise
His
Majesty
,
in
case
the
Parliament
did
not
succeed
,
he
would
be
ready
to
serve
him
in
any
other
way
?
He
Answered
,
That
he
must
begin
,
as
the
Lord
that
spake
last
(
since
they
have
no
help
of
their
Examinations
)
which
is
,
that
the
words
were
such
,
or
to
such
an
effect
,
for
otherwise
,
they
that
be
Witnesses
have
a
very
hard
task
to
play
,
for
they
lye
open
to
be
excepted
against
,
and
peradventure
when
they
speak
truly
,
may
be
intangled
,
if
their
memory
help
them
not
out
.
But
to
the
Question
proposed
,
he
says
this
,
That
upon
the
5th
of
December
,
as
he
takes
it
,
he
did
hear
my
Lord
of
Strafford
speak
words
to
that
effect
,
as
they
are
now
asked
,
to
his
best
remembrance
:
and
truly
(
he
thinks
)
really
he
did
viz.
That
truly
if
the
Parliament
should
not
succeed
,
his
Lordship
would
be
rea
dy
to
assist
His
Majesty
any
other
way
,
or
words
to
this
effect
.
Mr.
Whitlock
summed
up
the
Evidence
,
and
said
,
There
was
an
intent
to
This
designe
did
not
take
other
effect
than
himself
expected
,
and
it
seems
desired
;
for
when
the
Parliament
was
set
,
and
frequently
urged
by
messages
from
His
Majesty
,
to
give
that
very
number
of
12
Subsidies
,
and
that
for
release
of
Ship-money
only
,
whereas
by
the
old
and
right
course
of
Parliaments
,
the
grievances
are
in
the
first
place
to
be
considered
of
,
and
to
be
humbly
presented
to
His
Majesty
;
and
upon
redress
of
those
grievances
,
the
people
are
to
shew
their
thankfulness
to
His
Majesty
,
for
His
Grace
and
Goodness
,
in
redressing
of
them
,
by
their
free
gift
of
Subsidies
.
My
Lord
of
Strafford
changes
this
course
,
and
perswades
His
Majesty
to
put
the
Subsidies
in
the
first
place
,
and
to
fall
at
first
on
consideration
of
supply
,
and
that
so
great
a
proportion
,
and
while
the
Parliament
was
in
debate
of
this
,
and
before
they
had
resolved
whether
they
would
give
Supply
or
no
,
by
my
Lord
of
Strafford's
advice
,
the
Parliament
was
Dissolved
;
His
Lordship
confesses
in
his
Answer
,
he
did
give
his
Vote
for
dissolving
of
the
Parliament
,
and
they
shall
make
it
appear
in
time
,
that
he
did
procure
it
.
After
the
Parliament
was
Dissolved
,
my
Lord
of
Strafford
goes
on
,
endeavouring
all
that
lay
in
his
power
,
to
incense
a
Gracious
Sovereign
against
His
loving
Subjects
,
to
slander
the
people
to
the
King
,
and
for
ever
to
break
off
all
Parliaments
,
and
take
away
the
Liberty
and
Property
of
the
Subject
;
and
by
what
course
?
By
Force
,
by
bringing
in
an
Army
amongst
us
.
That
was
his
Advice
,
tho
(
blessed
be
God
)
His
Majesty
was
pleased
to
reject
it
.
1.
To
prove
what
was
said
by
the
Creatures
and
Friends
of
my
Lord
of
Strafford
.
Sir
Ro.
King
being
Interrogated
,
What
words
he
heard
from
Sir
George
Ro.
King
.
Witness
.
Ratcliffe
to
this
purpose
,
That
the
King
had
an
Army
,
and
Money
in
his
Purse
,
and
if
His
Subjects
in
England
should
not
supply
him
,
what
use
he
might
make
of
His
Army
for
supply
,
and
the
times
?
He
Answered
,
That
he
demanded
of
Sir
George
Ratcliffe
,
How
the
King
would
do
for
Money
to
maintain
the
Scotch
War
?
Sir
George
Ratcliffe
said
,
The
King
could
not
want
Money
,
His
Majesty
had
an
Army
of
30000
Men
,
and
he
had
400000
l.
in
his
Purse
,
and
a
Sword
by
his
side
,
and
if
he
would
want
Money
,
who
could
pity
him
?
or
words
to
this
purpose
.
To
which
he
the
Deponent
objected
,
How
can
this
course
be
taken
,
when
the
Scotch
are
on
foot
unpacified
?
Sir
George
Answered
,
They
can
make
peace
with
the
Scotch
when
they
please
;
and
being
riding
together
to
the
—
—
he
the
Deponent
said
,
That
my
Lord
Lieutenant
,
and
the
said
Sir
George
had
least
reason
of
all
His
Majesties
Subjects
to
desire
a
War
.
Sir
George
Answered
,
It
is
true
,
For
his
part
he
would
give
20000
l.
to
be
quit
of
it
,
but
we
are
now
engaged
,
and
we
cannot
but
go
on
;
and
then
he
(
the
Deponent
)
asking
,
What
he
would
do
for
Money
?
Sir
George
Answered
,
The
King
could
not
want
Money
,
He
had
an
Army
,
&c.
as
before
is
deposed
.
Being
asked
what
was
the
reason
of
making
this
Demand
,
and
whether
he
did
conceive
a
forcible
way
was
intended
?
He
Answered
,
He
did
understand
that
by
the
words
,
That
if
they
would
not
supply
him
,
the
King
was
ready
to
supply
himself
.
Lord
Ranalaugh
being
Interrogated
,
What
he
heard
Sir
George
Ratcliffe
He
Answered
,
That
the
words
he
is
to
inform
their
Lordships
of
,
and
on
which
he
was
formerly
examined
,
proceeded
from
Sir
George
George
Ratcliffe
had
a
privy
hand
in
the
computing
of
it
)
how
much
charge
would
maintain
the
Army
for
a
year
?
and
to
the
best
of
his
remembrance
,
it
was
computed
at
270000
l.
and
odd
,
which
gave
them
occasion
(
considering
the
Army
to
be
transported
out
of
Ireland
,
was
but
in
proportion
⅓
of
what
was
prepared
in
England
)
to
speak
of
the
Charge
that
must
be
raised
in
England
,
according
to
that
proportion
:
And
they
finding
it
to
amount
to
so
great
a
sum
,
it
fell
into
question
,
how
the
King
should
be
supplyed
with
Money
,
for
so
great
expence
of
Treasure
,
if
he
were
not
supplyed
by
Parliament
?
Sir
George
Ratcliffe
Answered
,
The
King
hath
his
Sword
by
his
side
,
and
30000
men
at
command
,
and
if
he
want
money
,
let
no
man
pity
him
.
It
was
thereupon
replyed
,
and
as
(
he
the
Deponent
takes
it
,
by
himself
)
how
can
Money
be
raised
,
when
the
Scotch
Army
is
on
foot
,
and
so
strong
?
Sir
George
Answered
,
We
can
make
peace
with
the
Scots
when
we
list
,
but
that
is
the
worst
of
evils
;
and
this
is
in
substance
as
much
as
the
Deponent
can
remember
.
Whence
Mr.
Whitlock
observed
,
That
their
Lordships
heard
what
passed
George
Ratcliffe
in
Words
and
Counsels
,
and
that
their
Lordships
knew
the
nearness
and
relation
between
Sir
George
Ratcliffe
,
and
my
Lord
of
Strafford
,
and
this
was
after
direction
was
left
for
raising
the
Army
;
and
when
my
Lord
of
Strafford
was
come
away
himself
,
it
seems
he
had
left
his
directions
with
Sir
George
Ratcliffe
,
as
it
will
appear
by
my
Lords
own
words
concurring
with
these
.
And
Mr.
Maynard
desired
their
Lordships
to
take
notice
of
these
words
,
(
We
can
make
peace
with
the
Scots
when
we
will
)
it
was
not
Sir
George
Ratcliffe
alone
.
Sir
Tho.
Barrington
being
Sworn
and
Interrogated
,
what
words
passed
George
Wentworth
to
him
,
About
Englands
being
sick
of
peace
,
&c
,
at
what
time
it
was
,
and
on
what
occasion
?
He
Answered
,
That
immediately
after
the
last
Parliament
,
Sir
George
Wentworth
had
accidentally
a
discourse
with
him
,
being
a
Gentleman
,
with
whom
,
he
(
the
Deponent
)
never
had
intercourse
or
interlocution
before
that
time
.
On
some
discourse
betwixt
them
concerning
the
former
Parliament
,
in
the
close
of
his
discourse
,
he
was
pleased
to
express
himself
thus
.
This
Commonwealth
is
sick
of
Peace
,
and
will
not
be
well
till
it
be
conquered
again
.
The
application
of
these
words
,
he
(
the
Deponent
)
said
,
he
must
leave
to
their
Lordships
better
Judgements
,
he
not
being
able
to
decide
it
:
And
to
the
occasion
,
according
to
the
truth
which
shall
be
ever
present
with
him
,
he
(
the
Deponent
)
said
he
would
deliver
it
cleerly
.
They
had
some
occasion
to
discourse
of
the
former
Parliament
,
and
speaking
now
on
his
oath
,
he
must
express
that
,
which
otherwise
he
should
not
,
being
the
words
of
a
private
discourse
,
which
in
the
course
of
his
life
he
hath
ever
avoided
,
especially
in
the
Case
of
a
Gentleman
.
They
were
in
discourse
of
the
former
Parliament
,
and
the
carriage
of
that
;
and
Sir
George
Wentworth
was
of
one
opinion
,
and
he
(
the
Deponent
)
of
another
.
Sir
George
expressed
himself
in
this
sence
,
That
he
conceived
the
Parliament
had
no
intention
to
give
the
King
Money
,
he
(
the
Deponent
)
said
,
That
if
the
Kings
Majesty
had
pleased
,
they
had
sate
awhile
together
;
they
had
supplied
him
,
And
on
the
close
,
that
expression
fell
from
him
,
that
which
he
(
the
Deponent
)
said
,
he
shall
not
not
need
to
repeat
.
Sir
Robert
King
being
Interrogated
,
what
sense
and
apprehension
was
in
my
Lord
Ranalaugh
,
on
the
words
that
fell
from
Sir
George
Ratcliffe
He
Answered
,
That
my
Lord
Ranalaugh
did
conceive
,
there
was
an
intention
to
take
Money
forcibly
in
England
,
and
was
much
troubled
with
the
words
,
and
cast
out
some
such
Speeches
;
That
we
shall
turn
our
swords
on
them
from
whom
we
are
descended
,
and
having
cut
their
throats
,
make
way
for
our
own
safety
,
or
some
such
words
.
Lord
Ranalaugh
being
Interrogated
,
what
his
sense
was
of
these
words
,
George
Ratcliffe
?
He
Answered
,
That
the
expression
of
these
words
,
and
some
other
words
,
that
fell
from
my
Lord-Lieutenant
to
himself
,
before
his
Lordships
departure
out
of
Ireland
,
made
him
doubt
that
there
might
be
some
danger
intended
,
by
the
transportation
of
the
Army
;
and
it
was
not
his
sense
alone
,
for
upon
discourse
betwixt
others
that
were
of
the
Council
and
himself
,
the
like
apprehensions
were
amongst
them
,
as
between
my
Lord
President
of
Munster
and
him
;
and
also
between
Sir
Adam
Loftus
and
him
:
Those
that
durst
be
free
one
to
another
,
did
express
their
fears
and
apprehensions
about
it
.
Being
asked
,
what
the
words
were
my
Lord
of
Strafford
spake
to
him
,
on
which
the
apprehensions
were
grounded
?
He
Answered
,
That
it
was
thus
:
My
Lord
of
Strafford
at
his
last
being
in
Ireland
,
was
pleased
to
say
to
him
,
My
Lord
,
will
you
buy
any
Land
?
I
will
sell
you
all
the
Land
I
have
in
Ireland
.
To
which
,
he
the
Lord
Ranalaugh
Answered
,
That
he
is
not
able
to
buy
Land
,
being
in
debt
,
and
God
forbid
his
Lordship
should
sell
his
Land
in
Ireland
;
Truly
says
he
,
my
Lord
,
we
are
like
to
have
a
troublesome
world
,
and
I
am
willing
to
part
with
it
.
To
which
,
the
Lord
Ranalaugh
replyed
,
it
will
be
hard
then
with
us
,
that
have
no
Estates
but
in
Ireland
.
No
my
Lord
(
says
my
Lord
of
Strafford
)
I
do
not
mean
it
so
,
for
I
believe
you
will
be
quieter
here
,
than
they
will
be
in
England
:
But
he
doth
not
think
that
ever
he
spake
these
last
words
to
Sir
Robert
King
in
his
life
.
Being
asked
,
How
he
expressed
his
sense
of
those
words
to
Sir
Robert
King
?
He
Answered
,
That
the
first
discourse
was
from
Sir
George
Ratcliffe
;
the
latter
was
from
my
Lord
to
himself
.
He
apprehended
there
was
some
design
(
as
he
feared
)
in
England
,
and
he
had
this
reason
for
it
too
.
For
in
that
condition
they
were
then
in
,
they
of
the
Council
of
Warr
saw
no
possibility
to
make
this
Army
in
a
readiness
to
invade
Scotland
within
the
time
limited
;
for
by
directions
of
my
Lord
of
Strafford
,
left
with
them
,
they
were
to
be
ready
at
the
Provincial
Rendezvous
,
by
the
18th
of
May
,
and
that
by
subsequent
directions
,
was
forborn
till
18th
Iune
:
then
they
all
met
,
to
march
to
the
general
Rendezvous
;
The
Arms
,
Ammunition
,
and
Preparations
could
not
be
ready
so
soon
,
nor
were
they
in
readiness
,
till
the
end
of
Sept.
following
;
So
that
on
the
whole
matter
,
those
amongst
them
that
might
be
free
,
their
consultations
all
agreed
,
that
it
might
tend
to
the
purposes
here
declared
.
And
from
the
time
observed
by
my
Lord
Ranalaugh
,
for
the
raising
of
To
prove
the
words
spoken
by
the
Lord
of
Strafford
himself
,
to
shew
his
designe
to
bring
the
Army
to
England
.
Sir
Tho.
German
Comptroller
of
His
Majesties
Houshold
,
being
Interrogated
,
Tho.
German
,
Witness
-
whether
he
heard
not
the
Earl
of
Strafford
tell
the
King
,
that
the
Parliament
had
denyed
to
supply
him
,
and
had
sorsaken
him
,
or
words
to
that
effect
?
He
Answered
,
That
he
should
humbly
presume
to
crave
one
thing
of
their
Lordships
,
and
it
was
briefly
this
,
There
is
nothing
that
he
can
be
Interrogated
upon
in
this
Cause
,
but
it
must
fall
within
the
cognizance
and
knowledge
of
many
of
my
Lords
here
present
,
who
must
needs
remember
all
that
he
hath
to
say
,
as
well
,
or
perhaps
better
than
he
can
himself
;
His
humble
desire
therefore
to
their
Lordships
is
,
That
if
through
distance
of
time
,
and
the
weakness
of
his
memory
,
there
be
any
thing
that
may
be
better
remembred
by
some
of
their
Lordships
,
than
is
at
this
time
by
himself
,
it
may
not
be
imputed
to
him
,
as
from
a
desire
of
concealing
any
part
of
the
truth
,
but
a
failor
in
memory
;
and
that
their
Lordships
will
believe
of
him
,
that
in
this
great
Assembly
,
he
shall
be
very
unwilling
to
speak
any
thing
,
but
,
that
that
shall
perfectly
occurr
to
his
remembrance
,
and
that
request
granted
,
he
shall
humbly
answer
to
every
thing
.
And
to
the
question
he
remembers
very
well
,
that
he
was
Interrogated
upon
the
same
terms
heretofore
,
that
he
is
now
.
His
Answer
was
then
,
as
he
takes
it
,
in
these
words
;
That
he
remembred
that
he
heard
my
Lord
of
Strafford
say
something
of
the
Parliaments
deserting
,
or
forsaking
the
King
,
or
something
to
that
effect
or
purpose
;
but
he
did
not
remember
then
,
what
inference
my
Lord
made
upon
it
,
nor
what
he
did
conclude
thereupon
;
neither
can
he
now
call
himself
to
further
remembrance
on
that
point
,
than
he
then
deposed
.
The
Earl
of
Bristol
Sworn
and
Interrogated
,
Whether
he
heard
any
He
Answered
,
That
it
is
very
true
,
that
about
12
months
since
,
by
meer
accident
,
he
had
a
private
discourse
with
my
Lord
of
Strafford
,
and
some
months
after
had
discourse
with
a
Peer
of
this
House
,
my
Lord
Conway
by
name
,
meerly
to
let
him
know
the
difference
that
was
between
some
Tenants
of
my
Lord
of
Straffords
and
himself
(
the
Earl
of
Bristol
)
What
use
hath
been
made
of
it
,
he
doth
not
know
;
But
upon
this
,
he
doth
conceive
he
comes
to
be
Interrogated
:
It
is
almost
Twelvemonths
agoe
,
since
this
discourse
did
happen
,
yet
afterwards
he
was
called
,
now
a
month
or
six
weeks
since
,
and
was
examined
on
oath
on
several
Interrogatories
;
After
he
had
well
recollected
himself
,
he
did
set
down
for
his
memory
,
what
he
could
think
of
,
and
out
of
those
Notes
and
Papers
,
he
did
then
make
his
Answer
:
Now
his
examination
being
upon
oath
,
he
shall
be
very
loath
to
depose
particularly
to
words
,
but
to
the
effect
of
what
passed
:
And
therefore
he
shall
crave
leave
,
not
out
of
his
examinations
,
but
out
of
the
words
he
then
set
down
,
to
read
the
effect
of
what
he
then
spake
;
for
if
a
man
be
deprived
of
words
,
and
tell
not
the
sense
and
coherence
,
and
subsequents
,
he
shall
not
do
himself
right
,
but
may
do
a
great
deal
of
wrong
to
the
party
accused
:
and
therefore
,
though
it
be
somewhat
the
longer
,
he
shall
tell
the
circumstances
.
It
is
true
,
That
after
the
disso
lution
of
the
last
Parliament
,
he
had
discourse
accidentally
with
the
Earl
of
Strafford
,
but
being
many
months
since
,
he
cannot
precisely
depose
unto
the
words
that
then
passed
;
But
he
remembers
,
that
speaking
then
together
of
the
great
distractions
of
those
times
(
Videlicet
)
touching
the
present
things
,
that
were
then
at
Lambeth
(
for
it
was
just
about
that
time
of
the
Mutiny
of
some
Soldiers
against
their
Officers
)
of
the
present
great
danger
apprehended
by
the
ensuing
War
(
as
was
feared
)
of
Scotland
,
and
of
the
said
Parliament
being
broken
,
without
supplying
the
King
;
he
(
the
Earl
of
Bristol
)
did
then
,
in
his
discourse
,
chiefly
attribute
these
disorders
to
the
breach
of
the
Parliament
;
And
,
speaking
what
might
be
the
best
way
for
help
in
these
distressed
times
,
he
then
conceived
and
said
,
that
he
thought
the
best
way
to
prevent
any
desperate
undertakings
,
would
be
,
to
Summon
a
new
Parliament
,
that
might
quiet
the
times
for
the
present
.
The
expectation
thereof
might
quiet
the
Distempers
at
that
time
.
And
,
as
for
the
War
of
Scotland
,
he
did
much
fear
the
success
of
it
,
unless
the
King
should
be
assisted
both
with
the
Purse
and
Affections
of
his
People
.
And
he
Alleadging
to
my
Lord
of
Strafford
many
Reasons
for
it
,
conceiving
it
was
not
likely
,
that
our
Nation
,
lying
under
great
Grievances
,
should
go
willingly
and
chearfully
to
a
War
,
labouring
under
the
same
grievances
with
themselves
.
My
Lord
of
Strafford
(
he
must
speak
it
,
and
confess
it
very
ingenuously
)
seemed
no
way
to
dislike
the
Discourse
;
but
said
,
he
did
not
conceive
it
to
be
Counsellable
at
that
time
;
neither
did
the
present
dangers
of
the
Kingdom
(
which
were
not
now
imaginary
,
but
real
and
pressing
)
admit
of
so
slow
and
uncertain
a
remedy
,
as
a
Parliament
was
;
for
that
the
Parliament
had
,
in
the
great
distress
of
the
King
and
Kingdom
,
refused
now
to
supply
the
King
,
by
the
ordinary
and
usual
way
of
Subsidies
:
and
therefore
the
King
must
provide
for
the
safety
of
his
Kingdom
,
by
such
wayes
as
He
should
think
fit
in
his
wisdom
.
And
he
(
the
Earl
of
Bristol
)
doth
remember
,
that
the
said
Earl
of
Strafford
,
at
the
same
time
,
did
use
the
Sentence
,
Salus
Reipublicae
Suprema
Lex
:
And
further
(
not
to
bind
himself
to
words
,
but
to
the
sense
)
at
the
same
time
,
the
Earl
of
Strafford
used
these
words
,
or
words
to
this
effect
.
That
the
King
was
not
to
suffer
himself
to
be
mastered
by
the
frowardness
and
undutifulness
of
his
People
,
or
rather
(
as
he
conceives
)
by
the
disaffection
and
stubborness
of
some
particular
men
.
And
this
he
said
from
his
former
Notes
,
which
he
thought
fit
rather
to
use
,
than
to
trust
his
Memory
.
Being
Asked
,
Whether
by
particular
Men
,
he
meant
not
particular
members
of
the
Parliament
?
His
Lordship
Answered
;
By
his
Troth
he
conceives
so
,
for
he
was
speaking
of
the
Parliament
.
Edward
Lord
Newburgh
being
Sworn
,
and
Interrogated
,
Whether
he
did
not
hear
my
Lord
of
Strafford
speak
these
words
to
His
Majesty
,
That
the
Parliament
,
in
denying
the
King
,
had
given
him
advantage
to
supply
himself
by
other
wayes
?
His
Lordship
Answered
,
That
those
very
words
he
never
heard
,
nor
words
to
that
effect
.
But
,
he
hath
Answered
,
in
his
Deposition
,
what
he
hath
heard
;
and
he
shall
desire
to
speak
a
little
before
he
Repeats
it
;
And
this
it
is
.
When
he
was
Examined
,
he
did
then
speak
that
,
which
occurred
to
his
memory
;
but
,
since
the
agitation
of
this
business
,
something
else
hath
come
into
his
thoughts
;
And
,
if
he
shall
speak
that
which
his
Conscience
now
tells
him
,
he
shall
desire
my
Lords
that
then
Examined
him
,
and
the
Gentlemen
,
not
to
misinterpret
him
,
if
he
shall
add
something
to
what
he
formerly
delivered
.
He
cannot
say
,
whether
(
when
he
heard
these
words
)
the
King
was
by
or
no
,
for
he
doth
not
remember
it
;
But
,
he
very
well
remembers
,
that
after
the
breach
of
the
last
Parliament
,
he
heard
,
at
the
Gallery
,
or
Council-Table
,
but
he
rather
believes
now
at
Council-Table
,
some
words
to
this
effect
;
That
,
seeing
the
Parliament
had
not
supplied
the
King
,
His
Majesty
might
take
other
Courses
,
for
Defence
of
the
Kingdom
:
But
,
though
he
cannot
possibly
Swear
,
my
Lord
Lieutenant
spake
these
words
;
yet
,
he
verily
believes
he
heard
him
speak
something
to
this
purpose
:
And
,
this
is
all
he
can
testifie
.
Henry
Earl
of
Holland
Sworn
,
and
Interrogated
,
Whether
he
did
not
His
Lordship
Answered
,
That
he
needs
not
trouble
their
Lordships
with
Circumstances
,
or
long
Discourses
;
but
,
these
words
,
to
the
best
of
his
remembrance
,
according
to
his
Oath
,
he
conceives
were
said
to
the
King
,
upon
the
Dissolving
of
the
Parliament
,
at
the
Council-Table
;
That
the
Parliament
,
in
denying
to
supply
the
King
,
had
given
Him
advantage
to
supply
Himself
by
other
wayes
.
But
,
he
will
not
tye
himself
so
particularly
to
the
words
,
but
,
as
at
the
time
when
he
was
Examined
before
the
Gentlemen
of
the
Committee
,
he
added
,
or
words
to
this
effect
.
Being
Asked
,
By
whom
they
were
spoken
?
His
Lordship
Answered
,
By
my
Lord
of
Strafford
.
Mr.
Whitlock
then
proceeded
to
the
latter
words
of
the
23d
Article
,
which
The
words
of
the
Charge
were
Read
.
And
,
to
prove
them
,
the
Examination
of
Algernon
Earl
of
Northumberland
was
first
Read
,
taken
the
5th
Decemb.
1640.
To
the
7th
Interrogatory
he
saith
,
That
the
Earl
of
Strafford
said
,
That
in
case
of
necessity
,
and
for
the
Defence
and
Safety
of
the
Kingdom
,
if
the
People
do
refuse
to
supply
the
King
,
the
King
is
Absolved
from
Rules
of
Government
:
and
,
that
every
thing
is
to
be
done
for
the
preservation
of
the
King
and
His
People
;
and
,
that
His
Majesty
was
acquitted
before
God
and
Man
;
And
he
saith
,
that
the
said
words
were
spoken
at
the
Committee
for
Scotch
Affairs
,
in
the
presence
of
His
Majesty
;
and
,
for
the
time
of
speaking
these
words
,
he
doth
not
perfectly
remember
.
He
saith
,
That
these
were
the
Discourses
mentioned
in
his
Answer
to
the
third
Interrogatory
,
which
made
him
believe
what
he
hath
answered
to
the
said
third
Interrogatory
.
Their
Lordships
calling
to
have
the
third
Interrogatory
Read
,
It
was
Read
.
To
the
Third
and
Fourth
,
he
saith
,
That
the
Forces
which
were
to
come
out
of
Ireland
,
were
to
Land
in
the
West
part
of
Scotland
;
but
he
doth
not
know
,
nor
hath
heard
(
to
his
Remembrance
)
that
these
Forces
,
or
any
other
,
were
to
be
imployed
in
this
Kingdom
,
to
Compel
,
or
Awe
the
Subjects
of
this
Realm
,
to
yield
to
such
Taxes
and
Charges
,
as
should
be
Imposed
on
them
by
His
Majesty
.
He
saith
,
That
he
hath
heard
my
Lord
Lieutenant
make
some
Discourses
to
the
King
,
whereby
he
believes
,
that
in
case
the
King
were
not
supplied
by
Parliament
,
that
some
Course
was
intended
to
raise
Moneys
by
Extraordinary
wayes
.
He
saith
,
That
the
said
Lord
Lieutenant
did
declare
,
in
His
Majesties
presence
,
That
the
Design
was
to
Land
the
Irish
Army
in
the
West
parts
of
Scotland
.
Sir
Henry
Vane
being
Interrogated
,
What
words
he
heard
my
Lord
of
Strafford
speak
to
the
King
,
before
the
Parliament
,
or
after
the
Dissolution
Henry
Vane
Witness
.
of
it
,
tending
to
this
;
That
the
King
had
tried
the
Affections
of
His
People
,
and
was
Loose
and
Absolved
from
all
Rules
of
Government
:
and
on
what
occasion
?
He
Answered
,
That
to
the
General
Question
,
of
what
was
spoken
before
,
or
after
the
sitting
of
the
Parliament
,
he
doth
not
remember
:
and
there
are
no
particular
words
asked
him
.
But
,
to
these
words
,
which
have
been
read
,
he
shall
,
as
near
as
he
can
,
ingenuously
deliver
,
what
he
did
formerly
depose
;
ever
reserving
to
himself
words
to
the
same
effect
.
That
he
considers
very
well
where
he
is
,
and
the
presence
before
whom
he
speaks
;
That
he
hath
never
,
in
the
whole
course
of
his
life
loved
to
tell
an
untruth
,
much
less
in
this
Honourable
Assembly
.
That
he
shall
,
as
near
as
he
can
,
in
this
Case
,
tell
their
Lordships
plainly
and
truely
the
matter
.
It
is
true
(
as
my
Lord
Admiral
hath
declared
to
their
Lordships
)
that
these
words
he
is
to
testifie
,
were
spoken
at
the
Committee
of
Eight
for
the
Scotch
Affairs
:
For
the
time
,
he
shall
crave
pardon
,
if
he
cannot
particularly
speak
to
it
:
But
,
thus
far
he
shall
say
,
It
was
clearly
after
the
Dissolution
of
the
last
Parliament
;
It
is
true
,
and
if
he
do
not
very
much
mistake
,
it
was
when
the
debate
,
whether
a
Defensive
or
an
Offensive
War
,
was
Controverted
;
And
,
to
the
best
that
he
can
remember
,
and
clearly
as
he
conceives
,
there
were
words
spoken
,
either
these
he
shall
now
relate
,
or
to
the
same
effect
,
by
my
Lord
of
Strafford
,
who
is
now
at
the
Bar.
The
occasion
being
,
Whether
an
Offensive
or
Defensive
War
?
and
Arguments
were
Controverted
in
it
.
My
Lord
of
Strafford
did
say
,
in
a
Discourse
(
for
he
must
be
ingenuous
,
he
must
say
all
he
hath
deposed
,
or
is
required
)
Your
Majesty
having
tryed
all
wayes
,
and
being
Refused
;
and
,
in
Case
of
this
extream
necessity
,
and
for
the
safety
of
the
Kingdom
,
You
are
acquitted
before
God
and
Men
:
You
have
an
Army
in
Ireland
,
which
You
may
Imploy
here
to
Reduce
this
Kingdom
,
or
some
words
to
this
effect
:
And
,
Sir
Henry
Vane
added
,
That
he
desires
to
speak
clearly
to
it
;
It
is
true
,
My
Lord
of
Strafford
said
these
words
,
You
may
.
But
,
by
that
,
he
(
the
Examinant
)
cannot
say
it
was
intended
,
but
that
the
words
were
spoken
;
and
,
if
it
were
the
last
hour
he
is
to
speak
,
it
is
the
Truth
to
his
best
Remembrance
.
Being
Asked
(
on
the
several
Motions
of
my
Lord
of
Clare
,
and
my
Lord
Savil
)
Whether
,
by
this
Kingdom
,
he
meant
the
Kingdom
of
England
,
or
Scotland
?
and
,
Whether
it
was
meant
,
That
he
might
imploy
the
Army
in
England
,
or
in
Ireland
,
because
he
said
,
The
Army
might
be
there
imployed
?
He
Answered
,
That
he
shall
,
as
near
as
he
can
:
And
,
because
he
would
have-Truth
appear
,
he
shall
desire
,
That
if
in
this
Case
,
any
word
fall
,
which
may
be
uncouth
in
the
Sence
,
they
would
resort
to
his
Examinations
,
for
there
it
remains
under
his
Hand
and
Oath
.
But
,
to
his
best
remembrance
,
he
thinks
,
neither
then
,
nor
there
were
used
;
But
,
Your
Majesty
hath
an
Army
in
Ireland
,
You
may
Imploy
to
reduce
this
Kingdom
:
But
,
far
be
it
from
him
(
the
Examinant
)
to
Interpret
them
.
He
tells
their
Lordships
the
words
,
and
no
other
.
Being
directed
by
the
Lord
Steward
,
to
repeat
what
he
had
spoken
.
He
Answered
,
That
he
shall
plainly
and
clearly
do
it
;
These
words
were
spoken
(
as
my
Lord
of
Northumberland
hath
testified
)
at
the
Committee
of
Eight
,
for
the
Scotch
Affairs
:
It
was
an
occasion
of
a
Debate
,
Whether
an
Offensive
,
or
a
Defensive
War
with
the
Kingdom
of
Scotland
?
That
,
on
some
Debate
then
,
some
being
of
Opinion
for
a
Defensive
,
some
for
an
Offensive
War
;
he
did
say
the
words
related
,
as
he
conceives
.
That
in
a
Discourse
,
the
Earl
of
Strafford
said
these
words
,
or
words
to
this
effect
;
Your
Majesty
having
tryed
all
wayes
,
and
refused
;
in
this
case
of
extream
necessity
,
and
for
the
Safety
of
Your
Kingdom
and
People
,
You
are
loose
and
absolved
from
all
Rules
of
Government
;
You
are
acquitted
before
God
and
Men
;
You
have
an
Army
in
Ireland
;
You
may
imploy
it
to
reduce
this
Kingdom
.
Being
Asked
,
How
long
this
was
after
the
Parliament
was
Dissolved
?
He
Answered
,
He
cannot
tell
the
time
;
but
,
it
was
suddenly
after
,
or
within
few
dayes
after
the
dissolution
of
the
Parliament
.
Being
Asked
(
on
my
Lord
of
Clares
motion
)
Whether
these
words
,
You
have
an
Army
in
Ireland
;
did
immediately
follow
these
words
,
You
are
Absolved
,
&c.
He
Answered
,
That
,
to
his
best
remembrance
,
it
did
interpose
;
and
,
my
Lord
of
Strafford
did
speak
it
once
or
twice
.
And
,
to
his
best
remembrance
,
at
first
it
was
agitated
,
to
press
the
Offensive
War
;
for
,
there
were
divers
Reasons
given
,
as
the
Kingdom
stood
then
,
that
there
should
be
no
Offensive
War
;
and
,
he
must
speak
clearly
,
and
plainly
,
he
(
the
Examinant
)
did
move
for
a
Defensive
War
:
For
,
the
Subjects
of
England
,
how
they
stood
affected
to
this
War
,
they
knew
;
and
besides
a
breach
of
a
Parliament
,
he
thought
it
would
but
induce
an
ill
effect
.
On
these
Controversions
the
words
were
spoken
.
Here
Mr.
Whitlock
observed
,
That
these
words
were
spoken
in
England
,
Being
Asked
(
on
the
motion
of
the
Earl
of
Southampton
)
Whether
he
sayes
positively
,
my
Lord
of
Strafford
did
say
these
words
,
or
words
to
that
effect
,
or
whether
to
his
best
remembrance
?
He
Answered
,
That
he
speaks
positively
,
either
those
words
,
or
words
to
that
effect
.
The
Earl
of
Clare
desiring
further
satisfaction
,
to
the
Question
formerly
The
Lord
Steward
put
his
Lordship
in
mind
,
That
Sir
Henry
Vane
testifies
And
,
Mr.
Maynard
said
,
The
Question
is
put
,
Whether
this
Kingdom
,
And
,
so
Mr.
Whitlock
said
,
They
should
conclude
their
Evidence
,
conceiving
Only
he
desired
their
Lordships
,
in
one
point
,
to
hear
what
Mr.
Treasurer
can
say
further
,
concerning
the
breach
of
the
last
Parliament
,
and
what
Words
and
Messages
he
heard
of
,
during
the
sitting
of
that
Parliament
,
procured
by
my
Lord
of
Strafford
;
unless
their
Lordships
will
reserve
that
,
till
the
rest
of
the
Witnesses
come
to
morrow
morning
,
and
then
they
shall
be
ready
to
produce
all
relating
to
that
point
together
.
Whereupon
liberty
was
granted
for
the
reserving
of
them
accordingly
.
My
Lord
of
Strafford
did
hereupon
crave
of
their
Lordships
E.
of
Strafford
.
leave
,
to
recollect
his
Notes
,
being
(
as
he
said
)
a
little
Distracted
,
how
to
give
Answer
to
these
things
;
for
,
diverse
Articles
are
mingled
together
,
which
will
make
his
Answer
not
so
clear
as
otherwise
he
had
hoped
to
have
made
it
,
but
trusts
he
shall
do
it
still
.
He
desires
leave
to
Answer
Article
by
Article
:
and
,
how
much
horror
soever
this
Gentleman
is
pleased
to
say
,
there
is
in
these
words
,
he
trusts
,
before
he
goes
out
of
the
Room
,
to
make
it
appear
,
that
though
there
may
be
error
of
Judgment
,
yet
nothing
that
may
give
offence
,
when
the
Antecedents
and
Consequents
are
brought
together
:
and
,
that
he
shall
give
such
an
account
,
that
(
whether
or
no
their
Lordships
will
clear
him
,
as
to
the
Charge
of
an
Indiscreet
Man
,
he
knows
not
)
but
,
as
for
Treason
to
the
King
,
and
His
People
,
he
shall
give
clear
satisfaction
,
that
no
such
thing
was
spoken
or
intended
.
His
Lordship
desired
,
He
might
be
favoured
with
the
sight
of
my
Lord
of
Northumberlands
Examinations
.
But
this
,
Mr
Glyn
opposed
,
and
said
,
His
Lordship
being
to
Answer
To
which
my
Lord
of
Strafford
Answered
,
That
,
in
truth
,
they
make
E.
of
Strafford
.
much
more
of
it
then
he
did
;
for
,
he
trusts
,
by
the
blessing
of
Almighty
God
,
to
give
the
Answer
of
an
honest
Man
to
all
Objections
,
he
will
not
say
of
a
discreet
Man
;
and
,
once
for
all
,
he
humbly
besought
their
Lordships
(
and
so
he
knows
in
their
Wisdom
and
Judgment
they
will
)
to
look
what
is
proved
,
and
not
to
what
is
enforced
on
those
proofs
from
these
Gentlemen
:
For
words
pass
,
and
may
be
easily
mistaken
,
but
their
Lordships
having
regard
only
to
what
is
Deposed
,
and
that
they
were
to
guide
themselves
by
that
.
After
some
Respit
,
my
Lord
of
Strafford
began
to
make
his
Defence
as
followeth
.
That
it
will
be
very
hard
for
him
to
know
,
in
what
order
to
Answer
all
the
matters
objected
against
him
;
But
,
the
best
course
he
can
take
for
his
own
direction
(
and
he
trusts
it
shall
not
be
displeasing
to
their
Lordships
)
will
be
,
to
go
over
the
Articles
as
they
lie
in
order
,
and
under
every
Article
to
give
his
own
Proof
,
and
to
repeat
all
the
Proofs
prest
against
him
for
that
Article
.
The
other
day
,
an
end
was
made
of
the
19th
Article
,
but
then
likewise
the
20th
was
entred
into
;
so
,
the
middle
part
of
that
Charge
is
answered
already
,
touching
words
by
him
spoken
at
his
last
being
in
Ireland
;
and
,
to
that
he
shall
not
need
farther
to
Answer
.
But
,
here
is
in
it
,
that
he
did
labour
to
Perswade
,
Incite
,
and
Provoke
to
an
Offensive
War
against
the
said
Subjects
of
the
Scotch
Nation
;
and
,
to
have
been
,
by
his
Counsels
,
Actions
,
and
Endeavors
,
a
Principal
Incendiary
.
To
prove
this
,
they
have
offered
first
my
Lord
Traquairs
Depositions
;
and
,
he
craved
leave
to
represent
to
their
Lordships
,
How
he
conceived
his
testimony
was
delivered
(
viz.
)
That
upon
a
Relation
of
his
(
the
Lord
Traquair
)
made
at
the
Council-Board
,
he
gave
his
Opinion
as
other
their
Lordships
did
;
and
,
that
it
was
condescended
to
by
the
Council-Board
,
That
if
the
Comissioners
of
Scotland
gave
not
satisfaction
,
that
then
the
King
might
put
himself
in
a
posture
of
War
;
so
that
he
gave
only
an
Opinion
as
others
did
.
And
that
is
proved
(
as
he
conceives
)
by
my
Lord
Traquair
;
who
,
among
other
parts
of
his
Testimony
recited
,
sayes
;
That
there
was
no
difference
in
the
main
amongst
the
Votes
:
So
that
by
both
the
Testimonies
,
it
plainly
appears
,
that
his
Opinion
was
no
other
then
the
Opinion
of
the
rest
;
And
,
certainly
,
as
that
Opinion
can
never
be
charged
on
any
of
the
rest
of
the
Lords
,
in
any
kind
whatsoever
;
so
he
trusts
it
shall
never
be
charged
upon
him
:
for
,
he
thinks
,
he
is
in
a
great
safety
and
security
,
when
he
hath
the
concurrence
of
so
many
wiser
persons
then
himself
,
in
the
Opinion
he
then
deliver'd
,
and
that
is
,
for
so
much
as
was
spoken
at
the
Council-Board
;
And
if
it
were
needful
(
as
he
conceives
it
is
not
)
to
examine
the
persons
that
were
there
,
it
should
appear
he
delivered
no
Vote
at
all
at
that
time
,
but
the
Vote
of
the
Board
:
But
,
it
is
clear
in
their
own
proofs
,
and
their
Lordships
will
(
he
hopes
)
justifie
him
in
their
Judgments
,
when
it
comes
to
Sentence
.
The
next
thing
is
the
Deposition
of
my
Lord
Morton
,
concerning
something
spoken
at
York
,
at
a
Council
there
called
;
he
met
before
the
Assembly
of
the
Great
Council
of
the
Peers
,
where
,
he
conceives
,
and
,
as
he
remembers
,
he
(
the
Earl
of
Strafford
)
spake
something
to
this
sence
;
That
the
unreasonable
Demands
of
Subjects
in
Parliament
,
was
a
ground
for
the
King
to
put
Himself
into
a
posture
of
War
.
When
this
had
been
resolved
by
the
Council
of
England
,
he
conceives
it
no
great
Crime
for
him
to
say
so
:
For
,
upon
the
Question
put
on
those
Demands
,
it
was
said
,
That
it
was
fit
for
the
King
,
to
put
Himself
into
a
Posture
of
War
,
and
into
a
Condition
to
reduce
them
by
Force
,
if
they
could
not
be
brought
by
fair
means
,
to
do
their
Allegiance
and
Duty
to
the
King
.
There
is
something
more
,
that
my
Lord
Morton
sayes
;
That
he
(
the
Earl
of
Strafford
)
should
say
,
It
was
a
sufficient
Cause
,
without
hearing
their
Reasons
,
to
Declare
a
War
.
This
he
(
my
Lord
of
Strafford
)
conceives
under
favour
,
is
but
a
single
Testimony
;
And
my
Lord
Morton
gives
himself
the
Answer
;
for
he
sayes
the
Reasons
were
not
related
when
he
was
present
,
and
therefore
,
in
that
my
Lord
of
Strafford
conceives
there
is
little
matter
.
My
Lord
Traquair
sayes
one
thing
more
,
and
that
is
,
That
the
reasons
were
left
to
be
alledged
by
the
Scotch
Commissioners
:
It
is
true
,
they
were
so
:
And
my
Lord
Morton
sayes
,
that
he
(
the
Defendant
)
should
say
,
It
was
not
matter
of
Religion
that
was
the
business
,
but
they
struck
at
the
root
of
Government
,
and
were
to
be
punished
by
force
.
He
further
adds
by
way
of
Defence
,
That
if
he
thought
they
struck
at
the
root
of
Government
,
he
thinks
every
man
will
say
,
he
had
reason
to
say
,
it
was
fit
to
reduce
them
by
force
.
But
he
said
,
he
should
speak
further
of
these
things
anon
,
when
he
should
represent
,
what
Words
are
in
respect
of
Deeds
,
and
what
difference
there
is
between
what
a
man
Sayes
and
Does
,
in
case
of
Treason
.
But
under
favour
,
these
two
last
are
no
part
of
his
Charge
,
though
he
answers
them
,
for
he
is
not
charged
with
speaking
any
thing
to
the
King
at
York
,
the
night
before
the
Great
Council
,
but
only
with
speaking
at
the
Council-Board
on
my
Lord
Traquair's
relation
;
and
this
he
conceives
is
all
they
bring
against
him
,
to
convince
him
of
the
20th
Article
,
saving
only
the
testimony
of
my
Lord
of
Northumberland
,
and
of
Mr.
Treasurers
;
And
Mr.
Treasurer
says
,
That
it
being
agitated
,
whether
a
Defensive
or
an
offensive
War
were
to
be
undertaken
?
he
was
for
a
defensive
,
and
my
Lord
of
Strafford
for
an
offensive
War
.
He
(
the
Deponent
)
cannot
conceive
,
how
this
can
conduce
to
make
a
Treason
;
If
the
War
was
resolved
on
,
the
Debate
,
whether
an
offensive
or
defensive
,
shall
not
be
Treasonable
:
admit
it
to
be
as
Mr.
Treasurer
sayes
,
Mr.
Treasurer
alledged
his
reason
,
and
he
(
the
Earl
of
Strafford
)
alledged
his
,
and
God
forbid
it
should
be
Treason
in
one
,
or
any
other
,
they
both
doing
their
Duties
,
and
delivering
their
Consciences
according
to
their
oaths
;
It
was
resolved
as
fit
to
reduce
them
,
and
whether
by
an
offensive
or
defensive
War
,
being
a
free
Council
,
they
were
bound
to
deliver
Judgements
to
a
Master
,
that
was
so
wise
as
to
know
what
was
best
for
his
service
,
and
so
to
dispose
as
he
should
think
fit
.
My
Lord
of
Northumberland
sayes
,
That
he
(
the
Earl
of
Strafford
)
advised
to
go
on
vigorously
in
an
offensive
War
:
Admit
he
did
say
so
,
it
is
not
Treason
,
it
was
a
free
debate
;
many
reasons
were
given
,
and
for
him
to
give
his
reasons
one
way
,
was
as
free
from
Crime
or
Offence
,
as
for
them
to
give
their
reasons
another
way
.
They
say
that
(
as
a
chief
Incendiary
of
the
troubles
between
His
Majesty
and
the
Scotch
)
he
seized
divers
Scotch
Ships
when
he
was
in
Ireland
,
and
for
this
they
have
only
Mr.
Barnwels
Testimony
;
and
all
he
says
,
is
,
That
Sir
Robert
Loftus
told
him
,
he
had
a
Warrant
to
seize
the
Ships
,
and
they
did
seize
them
accordingly
,
but
by
whose
Warrant
he
doth
not
know
.
But
if
your
Lordships
will
know
by
whose
Warrant
it
was
,
he
shall
give
the
best
account
he
can
,
and
offer
some
proofs
.
Sir
Robert
Loftus
was
the
Vice-Admiral
of
the
Province
of
Lemster
,
himself
was
Vice-Admiral
of
the
Province
of
Munster
;
and
about
that
time
the
Lord
Admiral
sent
Direction
and
Command
to
the
Vice-Admiral
of
Lemster
and
Munster
,
to
seize
all
the
Scotch
Ships
then
in
those
Ports
;
so
that
what
was
done
,
was
done
by
the
authority
of
my
Lord
Admiral
;
and
if
their
Lordships
asked
Mr.
Slingsby
,
he
will
say
,
that
about
that
time
there
came
these
Commands
,
and
by
virtue
thereof
these
Ships
were
stayed
.
Mr.
Slingsby
being
Interrogated
,
whether
about
that
time
my
Lord
Admiral
sent
Warrants
to
the
Vice-Admirals
,
to
seize
the
Scotch
Ships
in
their
several
Ports
?
He
Answered
,
That
he
received
the
Letters
,
just
as
my
Lord
was
going
Whence
my
Lord
of
Strafford
concluded
,
That
it
appeared
,
that
he
E.
of
Strafford
.
hath
not
been
an
extraordinary
stirrer
of
difference
between
the
King
and
the
Subject
,
he
never
desiring
any
thing
but
peace
and
quietness
,
and
that
all
things
might
be
ended
(
as
he
trusts
they
shall
)
with
good
understanding
and
perpetuity
of
affection
amongst
our selves
,
and
with
them
.
And
there
his
Lordship
left
the
20th
Article
,
hoping
he
had
fully
and
clearly
satisfied
their
Lordships
,
as
to
any
crime
in
it
,
but
whether
his
Judgement
did
mislead
him
in
an
opinion
,
he
will
not
dispute
,
but
will
confess
willingly
,
That
no
man
is
more
ready
to
mistake
than
himself
.
His
Lordship
proceeds
to
the
21
Article
,
which
his
Lordship
read
.
This
he
said
,
he
perceives
is
a
particular
they
have
much
insisted
on
,
but
have
not
(
as
he
conceives
)
offered
any
substantial
proof
for
what
they
alledge
.
The
first
proof
of
the
21
Article
,
was
my
Lord
Primates
Examination
,
wherein
he
sayes
,
That
in
a
discourse
betwixt
them
concerning
the
levying
of
money
on
the
Subjects
,
in
case
of
imminent
necessity
;
his
opinion
was
,
the
King
might
use
his
Prerogative
as
he
pleases
,
but
first
it
was
best
to
try
his
Parliament
.
This
is
the
only
Testimony
in
this
particular
;
being
Singularis
Testis
,
he
knows
it
will
weigh
with
their
Lordships
accordingly
;
and
then
it
is
no
otherwise
,
but
by
way
of
Discourse
and
Argument
;
and
how
far
that
shall
be
layed
to
a
mans
Charge
,
he
must
submit
,
in
regard
of
the
reasons
subsequent
in
the
next
Article
,
so
that
he
will
reserve
himself
to
this
point
,
till
he
comes
thither
.
But
the
words
fairly
and
cleerly
understood
,
abide
a
sence
no
way
of
danger
to
him
that
speaks
them
;
For
they
are
,
That
the
King
may
use
his
Prerogative
as
he
pleases
,
and
the
Kings
pleasure
is
always
just
,
and
will
not
use
his
Prerogative
,
but
justly
and
fairly
,
and
for
a
man
to
think
otherwise
,
were
a
higher
offence
.
Besides
,
many
things
are
lawful
,
which
if
they
were
done
to
the
uttermost
of
the
Power
,
that
his
Prerogative
,
and
the
Law
of
the
Land
gives
him
,
might
be
prejudicial
to
His
Subjects
;
which
notwithstanding
,
he
in
his
goodness
and
discharge
of
the
Trust
,
God
Almighty
hath
put
into
him
,
never
hath
,
nor
will
exercise
,
but
suffer
them
to
be
imployed
for
the
Subjects
advantage
,
according
to
the
present
occasion
:
And
therefore
to
say
he
may
use
His
Prerogative
as
he
pleases
,
might
be
without
prejudice
to
the
Subject
,
and
very
lawful
.
But
it
is
a
greater
offence
by
much
,
to
think
that
the
King
will
use
his
Prerogative
otherwise
,
then
as
befits
a
Christian
and
pious
King
.
And
therefore
he
hopes
these
words
shall
not
be
laid
to
his
charge
,
as
a
signal
crime
,
and
of
so
high
,
deadly
,
and
capital
a
nature
as
Treason
.
The
next
proof
offered
,
is
my
Lord
Conway
,
and
he
sayes
,
on
some
discourse
(
which
being
private
between
friend
and
friend
,
neither
of
them
thought
they
should
come
here
to
give
an
account
of
)
My
Lord
Conway
asked
him
where
the
means
should
be
for
the
Supply
of
the
Kings
Army
?
He
told
him
,
in
Parliament
,
and
doubted
not
but
the
Parliament
would
supply
His
Majesty
,
so
far
he
was
from
thinking
there
should
be
that
misfortune
,
as
the
breach
of
that
Parliament
,
but
quite
contrary
.
And
for
the
words
,
That
if
the
King
should
be
denyed
in
just
and
lawful
things
,
he
might
justifie
before
God
and
men
,
the
seeking
means
to
help
himselfe
,
though
it
were
against
their
will
.
He
must
needs
say
,
That
to
help
a
mans
self
is
a
very
natural
motion
,
for
commonly
a
mans
self
is
the
last
creature
that
leaves
him
,
and
that
which
is
natural
to
every
man
,
is
natural
to
the
King
,
who
is
accountable
,
not
only
for
himself
,
but
also
for
all
his
people
.
The
next
is
Mr.
Treasurer
:
And
he
says
,
That
the
5th
of
December
was
Twelvemonths
,
to
the
best
of
his
Remembrance
,
upon
a
Proposition
of
a
Parliament
to
the
King
,
he
(
the
Earl
of
Strafford
)
should
say
,
That
if
the
Parliament
should
not
succeed
,
he
would
be
ready
to
assist
His
Majesty
any
other
way
.
He
sees
not
where
the
heynousness
of
the
words
lies
,
nor
where
the
venom
is
that
should
endanger
him
,
as
to
his
Life
and
Honor
;
And
if
he
said
he
would
assist
His
Majesty
any
other
way
,
if
it
were
needful
,
or
any
way
conducing
to
his
purpose
,
he
is
verily
perswaded
,
Mr.
Treasurer
himself
said
as
much
,
but
that
is
not
material
,
for
he
conceives
it
not
blameble
in
either
of
them
to
have
said
so
much
;
therefore
he
laies
it
not
on
him
as
a
Recrimination
.
For
the
Question
was
,
a
Parliament
or
no
Parliament
;
a
Parliament
was
the
desire
of
every
man
to
settle
the
Common-wealth
by
,
that
they
might
stare
super
vias
antiquas
.
And
when
they
were
moving
His
Majesty
for
a
Parliament
,
for
him
to
say
,
he
would
help
any
other
way
,
doth
always
presuppose
what
must
be
presupposed
,
that
it
must
be
in
all
lawful
ways
;
The
King
cannot
command
unlawful
ways
;
and
he
hath
that
opinion
of
His
Majesty
,
and
of
His
Truth
and
Faithfulness
,
that
He
will
not
Command
him
any
wayes
,
but
lawful
wayes
,
he
having
not
carried
himself
in
his
Masters
service
so
,
as
that
he
can
have
an
opinion
of
him
,
that
he
will
do
any
thing
,
but
what
is
honourable
and
just
,
and
therefore
he
hopes
it
is
spoken
without
offence
,
being
fairly
and
rightly
understood
,
That
is
,
of
lawful
ways
,
the
ways
the
King
could
command
,
and
the
wayes
himself
could
serve
him
in
,
being
no
other
.
And
this
is
all
they
bring
to
prove
that
part
of
the
21
Article
,
that
concerns
his
procuring
of
His
Majesty
to
break
the
Parliament
,
and
by
Force
and
Power
to
raise
Money
on
the
Subjects
;
And
this
is
all
he
sayes
,
and
all
they
charge
out
of
that
Article
.
This
he
must
add
,
That
when
he
sayes
he
will
serve
the
King
in
any
other
ways
;
in
all
Debates
whensoever
he
expressed
himself
to
that
purpose
,
he
did
ever
in
the
conclusion
end
with
this
,
That
there
was
no
safe
nor
sure
expedient
,
to
settle
a
right
understanding
between
the
King
and
His
people
,
and
to
make
both
happy
,
but
Parliaments
;
as
shall
appear
clearly
and
plainly
by
that
time
he
hath
given
his
proofs
,
and
so
it
will
appear
,
he
meant
only
lawful
ways
.
The
next
particular
wherewith
he
is
charged
,
is
to
procure
the
Parliament
of
the
Kingdom
of
Ireland
,
to
declare
their
assistance
in
a
War
against
the
Scots
.
For
that
if
their
Lordships
please
to
give
him
leave
,
he
thinks
the
thing
it self
will
best
shew
it self
,
and
therefore
he
desired
the
Remonstrance
of
the
Two
Houses
of
Parliament
in
Ireland
might
be
read
.
And
that
of
the
Commons-House
was
read
,
being
in
effect
,
THe
Declaration
of
the
Commons-House
there
,
Importing
;
Whereas
they
have
with
one
consent
,
cleerly
given
to
His
Majesty
,
Four
entire
Subsidies
towards
His
present
preparations
,
to
reduce
His
disaffected
Subjects
,
the
Covenanters
in
Scotland
,
to
their
due
obedience
;
They
still
hope
that
His
Majesties
great
Wisdom
,
and
unexampled
Clemency
,
may
yet
prevail
with
the
worse
affected
of
those
His
Subjects
,
to
bring
them
to
that
conformity
and
submission
,
which
by
the
Laws
of
God
and
Nature
they
owe
to
him
:
But
if
His
Majesty
shall
be
enforced
to
use
His
Power
,
to
vindicate
His
just
Authority
:
This
House
for
themselves
,
and
the
Commons
of
this
Kingdom
,
do
profess
,
that
their
Zeal
and
Duty
shall
not
stay
here
at
these
four
Subsidies
,
but
Humbly
promise
,
That
they
will
be
ready
with
their
Persons
and
Estates
,
to
their
uttermost
ability
for
His
Majesties
future
Supply
in
Parliament
,
as
His
great
occasions
,
by
the
continuance
of
His
Forces
against
that
distemper
shall
require
.
This
they
pray
,
that
it
may
be
represented
to
His
Majesty
by
the
Lord
Lieutenant
,
and
Recorded
as
an
Ordinance
of
Parliament
,
and
published
in
Print
as
a
Testimony
to
all
the
world
and
succeding
ages
;
That
as
this
Kingdom
hath
the
happiness
to
be
governed
by
the
best
of
Kings
,
so
they
desire
to
give
cause
,
That
he
shall
account
this
people
amongst
the
best
of
His
Subjects
.
The
Declaration
of
the
Lords
Spiritual
and
Temporal
being
of
the
same
Tenor
,
was
spared
to
be
read
.
Upon
which
my
Lord
of
Strafford
said
,
That
if
he
had
procured
this
Declaration
,
it
had
been
no
crime
,
considering
what
preceeded
in
the
Kings
Council
there
.
But
he
says
he
hath
no
part
in
it
,
it
was
done
with
the
greatest
freedom
and
cheerfulness
that
ever
he
did
,
or
shall
see
a
thing
of
that
nature
done
:
It
must
be
ascribed
to
that
Nation
,
and
the
Zeal
,
Affection
,
and
Chearfulness
,
by
which
they
discovered
themselves
to
the
Kings
service
,
to
which
there
was
no
need
to
invite
them
.
But
if
he
had
had
a
part
in
it
,
he
might
have
justified
it
,
considering
what
precedent
Instructions
he
had
from
the
King
,
which
he
could
shew
,
but
that
he
is
loath
to
take
up
their
Lordships
time
.
The
next
thing
he
is
charged
withal
is
,
for
confederating
with
Sir
George
Ratcliffe
,
and
together
with
him
,
traiterously
conspiring
,
to
employ
the
Army
raised
in
Ireland
,
for
the
ruine
and
destruction
of
the
Kingdom
of
England
,
and
of
His
Majesties
Subjects
;
and
subverting
the
fundamental
Laws
of
this
Kingdom
.
To
which
he
saith
,
That
truly
if
it
be
made
appear
,
that
he
had
so
much
as
any
such
thought
in
his
Breast
,
he
should
easily
give
Judgement
against
himself
,
as
not
worthy
to
live
.
If
he
should
confederate
to
the
destruction
of
the
Countrey
that
bore
him
,
and
consequently
to
the
making
of
himself
and
his
posterity
little
else
than
Vassals
,
who
were
born
a
free
people
,
by
the
goodness
of
Almighty
God
,
and
under
the
Protection
and
Justice
of
the
King
,
and
particularly
of
His
Majesty
,
That
he
hath
a
heart
that
loves
freedom
as
well
as
another
man
,
and
values
it
as
highly
,
and
in
a
modest
and
dutiful
way
,
will
go
as
far
to
defend
it
:
And
therefore
certainly
he
is
not
altogether
so
probably
to
be
thought
a
person
that
would
go
against
it
;
Nay
,
he
thinks
that
man
doth
the
King
the
best
service
,
that
stands
for
the
modest
Propriety
and
Liberty
of
the
Subject
.
It
hath
been
once
his
opinion
,
which
he
learnt
in
the
Honourable
House
of
Commons
,
when
he
had
the
honor
to
sit
there
;
it
hath
gone
along
with
him
in
the
whole
course
of
his
service
to
the
Common-wealth
,
and
by
the
Grace
of
God
,
he
shall
carry
it
to
his
Grave
;
That
the
Prerogative
of
the
Crown
,
and
Liberty
of
the
Subject
,
should
be
equally
looked
upon
,
and
served
together
,
but
not
apart
.
The
proof
they
offer
for
this
,
is
a
strange
manner
of
proof
;
For
First
they
prove
by
Sir
Robert
King
,
what
Sir
George
Ratcliffe
said
;
they
will
not
admit
the
examination
of
Sir
George
Ratcliffe
,
but
here
is
a
Report
upon
a
Report
;
And
what
sayes
this
Gentleman
?
He
tells
of
some
time
Sir
George
Ratcliffe
said
,
which
was
not
concerning
him
(
the
Defendant
)
and
was
impertinent
for
him
to
repeat
.
But
the
Deponent
sayes
in
the
conclusion
,
That
as
he
understood
them
,
there
was
some
danger
towards
,
&c.
Then
comes
my
Lord
Ranalaugh
,
and
reports
the
words
of
Sir
George
Ratcliffe
,
and
in
conclusion
sayes
,
That
by
some
things
he
did
gather
,
he
had
fears
there
might
be
some
intendment
,
to
employ
that
Army
in
Ireland
,
or
some
other
place
;
but
he
(
the
Defendant
(
offers
to
their
Lordships
,
That
what
Sir
George
Ratcliffe
said
,
was
nothing
to
him
,
and
so
could
not
charge
him
with
it
.
The
meanest
Subject
in
the
Kingdom
cannot
commit
Treason
by
Letter
of
Attorney
;
and
it
is
a
priviledge
which
,
though
he
hath
the
honor
to
be
a
Peer
,
he
shall
never
desire
that
a
Peer
may
do
it
by
Proxy
:
Sir
George
Ratcliffe
cannot
speak
,
nor
procure
Treason
for
him
;
and
being
Sir
George
Ratcliffes
words
,
they
cannot
be
his
(
the
Earl
of
Straffords
)
offence
;
and
he
hopes
Sir
George
will
answer
them
,
as
an
honest
Gentleman
,
and
a
Privy-Counsellor
to
the
King
,
which
he
hath
the
honor
to
be
in
Ireland
.
And
how
Sir
Robert
King
understood
them
,
is
as
little
,
if
not
less
to
him
(
the
Defendant
)
Sir
Robert's
understanding
of
a
thing
can
make
no
crime
to
him
(
my
Lord
of
Strafford
)
And
for
my
Lord
Ranalaugh's
fears
,
he
may
take
them
back
again
,
for
it
will
be
shewed
they
were
groundless
fears
,
viz.
That
this
Army
was
intended
for
English
ground
:
For
him
to
imagine
,
that
because
my
Lord
of
Strafford
said
,
It
was
like
to
be
a
troublesome
world
,
and
that
he
was
willing
to
sell
his
Land
,
therefore
this
Army
should
come
into
England
;
These
be
Non
sequiturs
,
and
fancies
of
his
own
,
and
there
was
no
colour
for
such
fears
in
his
Lordship
.
Besides
,
my
Lord
Ranalaugh
was
not
acquainted
with
the
Design
,
and
therefore
he
might
easily
mistake
,
but
others
were
acquainted
with
it
,
in
such
manner
,
as
is
expressed
in
his
Answer
,
and
which
(
my
Lord
said
)
he
shall
now
declare
,
viz.
That
there
was
no
intention
or
purpose
of
bringing
this
Irish
Army
into
England
;
And
whereas
to
the
Design
he
hath
exprest
in
his
Answer
,
of
having
two
Honourable
Persons
to
be
made
privy
,
and
divers
others
to
his
Papers
,
he
Humbly
besought
their
Lordships
to
favour
him
so
far
,
as
to
suffer
him
to
ask
a
Question
of
three
or
four
persons
he
shall
produce
,
professing
that
there
was
never
a
thought
in
any
mans
heart
that
he
knew
,
nor
never
a
word
in
any
mans
mouth
,
that
ever
he
heard
,
that
any
part
of
the
Army
should
ever
touch
a
foot
on
English
ground
,
as
some
of
their
Lordships
,
and
His
Majesty
knows
(
where
his
Lordship
added
)
If
he
may
with
Reverence
name
His
Majesty
in
that
poor
and
distressed
condition
,
wherein
himself
is
;
for
he
is
not
worthy
of
his
Protection
,
being
in
this
miserable
Case
,
and
therefore
it
was
too
much
boldness
for
him
,
to
name
him
;
But
his
Lordship
desired
the
benefit
of
reading
my
Lord
of
Northumberland's
Examination
,
to
the
point
of
that
Design
.
Algernon
,
Earl
of
Northumberland
,
his
Examination
taken
.
To
the
First
Interrogatory
he
saith
,
That
he
hath
often
heard
both
His
Majesty
,
and
the
Earl
of
Strafford
mention
the
8000
Foot
,
which
were
to
be
raised
in
Ireland
;
but
to
his
best
remembrance
,
he
never
heard
any
intention
,
of
bringing
the
said
8000
Foot
,
or
any
part
thereof
into
England
;
That
the
design
of
landing
them
on
the
West
of
Scotland
,
was
often
spoke
of
,
and
so
resolved
,
as
he
believes
.
To
the
Second
he
saith
,
He
doth
not
remember
,
that
ever
he
heard
the
Earl
of
Strafford
speak
or
mention
the
reducing
of
the
Subjects
of
England
by
the
said
Army
in
Ireland
.
Here
my
Lord
of
Strafford
desired
their
Lordships
to
take
notice
,
that
my
Lord
of
Northumberland
was
one
of
the
Committee
of
Eight
for
Scotch
affairs
.
The
Lord
Marq.
Hamilton
being
Sworn
and
Interrogated
,
what
he
knew
or
believed
,
concerning
the
raising
of
8000
Foot
in
Ireland
;
or
whether
he
was
privy
to
any
intention
of
bringing
the
same
,
or
any
part
of
them
into
England
?
His
Lordship
Answered
,
It
is
late
,
and
time
is
precious
to
their
Lordships
,
Being
asked
whether
he
heard
my
Lord
of
Strafford
speak
any
thing
concerning
the
reducing
of
England
by
the
Army
?
His
Lordship
Answered
,
That
he
doth
not
remember
my
Lord
of
Strafford
to
have
spoken
any
such
words
.
Sir
Tho.
Lucas
,
Sergeant-Major-General
of
the
Horse
of
the
King's
Army
in
Ireland
,
who
(
as
my
Lord
of
Strafford
said
)
being
with
him
him
here
in
Candlemas-Term
was
12
months
,
in
his
own
Lodging
at
Covent-Garden
,
something
passed
between
them
,
concerning
the
disposing
of
the
8000
Foot
,
and
1000
Horse
,
to
what
purpose
they
were
raised
.
And
being
asked
,
What
was
the
Intent
and
Circumstance
of
that
discourse
?
He
Answered
,
That
about
the
latter
end
of
Ianuary
1639.
my
Lord
of
Strafford
told
him
,
an
Army
was
to
be
raised
in
Ireland
,
another
in
England
,
and
with
the
English
Army
a
Regiment
of
Horse
,
whereof
his
(
the
Examinants
)
Troop
should
be
one
,
and
some
Regiments
of
Foot
,
and
these
Foot
and
Horse
were
to
joyn
with
the
Irish
Army
;
and
that
my
Lord
taking
a
Map
of
Scotland
(
which
lay
then
in
the
Chamber
)
said
,
Now
I
must
tell
you
the
greatest
secret
in
all
the
world
,
and
pointed
with
his
finger
towards
that
part
of
Scotland
,
which
lies
on
the
Dunbar-Frith
:
and
said
,
the
Irish
Army
is
to
land
here
,
and
here
I
intend
to
take
a
Town
(
but
he
did
not
nominate
the
Town
)
and
added
,
That
he
might
the
more
easily
do
it
,
because
the
Scots
would
not
expect
his
Landing
there
,
but
it
is
likely
,
will
imagine
the
Landing
of
the
Irish
Army
at
Carlisle
,
or
some
other
part
of
England
.
And
his
Lordship
said
further
,
That
when
he
had
taken
this
,
he
would
strongly
fortifie
it
,
intending
it
for
a
Magazine
of
Ammunition
and
Victuals
for
the
Irish
Army
,
and
so
he
should
bring
all
the
Countrey
about
to
Contribution
,
even
to
Edenburgh
,
and
when
he
is
Landed
,
he
(
the
Examinant
)
should
have
notice
,
and
should
joyn
with
the
Irish
Army
;
and
that
he
would
send
these
Horse
,
my
Lord
spake
to
him
the
Examinant
,
about
1000
,
(
as
he
thinks
)
to
convey
him
the
Examinant
to
him
.
My
Lord
of
Strafford
added
,
That
the
truth
is
,
there
were
Foot-Regiments
of
Sir
Tho.
Wharton's
,
and
Sir
Arthur
Tyrringham's
,
and
Sir
Tho.
Lucas's
Regiment
of
500
Horse
;
that
(
when
the
Irish
were
Landed
in
Scotland
)
were
to
be
fetcht
by
Ships
from
St.
Rees
,
and
so
to
have
joyned
with
the
others
.
And
it
was
supposed
,
500
would
have
found
no
great
difficulty
on
a
suddain
for
such
a
march
,
and
Sir
Tho.
Wharton
,
and
Sir
Arthur
Tyrringham
came
over
purposely
,
to
have
persued
his
Design
;
by
which
it
appears
,
there
was
no
design
to
bring
them
to
England
;
and
so
a
strange
Philosophy
it
was
to
bring
it
into
any
mans
thoughts
,
it
should
be
so
.
Mr.
Slingsby
being
Interrogated
,
What
he
knew
concerning
the
Design
He
Answered
.
That
he
had
the
honor
to
be
sworn
of
the
Council
of
War
,
and
then
the
charge
of
making
the
whole
Magazine
of
Ammunition
and
Provision
for
that
Army
,
was
conferred
on
him
,
That
he
repaired
to
England
10
days
after
my
Lord
,
and
persued
his
received
Instructions
,
for
making
preparations
of
Artillery
and
Ammunition
directed
,
which
he
got
all
shipp'd
and
ready
about
Iuly
;
that
the
slow
proceedings
of
the
Irish
Army
did
then
retard
his
directions
from
my
Lord-Lieutenant
,
for
the
dispatch
away
of
those
Ships
which
were
ready
.
That
my
Lord
was
pleased
to
tell
him
,
he
must
provide
some
stores
for
a
Magazine
for
maintainance
of
the
Soldiers
;
that
he
was
pleased
to
impart
to
him
,
That
the
Army
was
to
Land
in
Scotland
about
Aire
;
That
he
thereupon
proceeded
to
get
a
Map
drawn
of
that
Coast
,
and
informed
himself
by
that
Map
,
and
discoursed
with
Scotchmen
in
Town
;
That
Aire
was
a
barred
Harbor
,
and
that
divers
Ordinance
were
mounted
to
intercept
the
Landing
,
which
he
representing
to
my
Lord-Lieutenant
,
my
Lord
directed
him
to
take
consideration
of
the
burdens
of
the
Ships
,
and
whether
they
could
be
brought
to
ride
near
the
Town
,
and
that
there
might
be
provision
of
Flat-bottomm'd
Boats
to
Land
a
good
number
at
once
;
That
he
had
a
Warrant
to
receive
10
of
the
King
's
Flat-bottomm'd
Boats
,
and
20
were
provided
by
my
Lord
of
Antrim
the
last
year
with
Oars
,
and
a
floating
Battery
to
secure
the
Landing
of
the
men
;
That
he
had
direction
to
obtain
Warrants
from
my
Lord
of
Newport
for
10
,
16
,
or
20
pieces
of
Ordinance
,
That
at
first
he
had
10
,
afterwards
6
more
Iron
pieces
for
fortification
,
which
(
as
my
Lord
of
Strafford
had
imparted
to
him
the
Examinant
)
were
to
fortifie
the
place
after
Landing
at
Aire
,
and
were
Shipt
and
sent
away
,
but
the
Ships
were
not
sent
a
good
while
after
,
by
reason
of
the
slow
proceedings
of
the
Army
.
Being
asked
whether
my
Lord
of
Strafford
did
not
give
him
direction
to
get
a
Coast-Map
,
to
let
him
know
the
particular
place
,
where
he
intended
to
Land
?
He
Answered
,
That
he
was
particularly
commanded
to
get
a
Platt
drawn
,
and
the
party
that
drew
it
is
in
Town
,
and
can
testify
,
that
he
designed
him
.
Being
asked
,
Whether
he
had
not
Commission
and
Instructions
from
my
Lord
of
Strfford
to
discharge
some
Ships
for
the
lessening
of
the
Kings
Charge
,
and
to
take
only
so
many
,
as
might
be
fit
for
the
service
?
He
Answered
,
That
he
received
that
command
from
my
Lord
Lieutenant
,
to
discharge
most
of
the
Ships
,
and
none
went
about
but
them
that
were
laden
with
Ammunition
,
and
he
received
direction
to
take
as
few
Ships
as
he
could
,
to
prevent
charge
to
His
Majesty
,
and
discharged
some
10
or
14
Flemish
Ships
that
were
fraighted
.
This
my
Lord
of
Strafford
said
,
he
offers
,
because
he
would
not
have
it
stick
with
any
man
,
That
in
the
things
concerning
the
Kings
Service
,
necessaries
were
not
ready
at
the
time
;
therefore
he
would
not
have
any
thing
asperse
him
;
for
the
King
never
commanded
him
any
thing
,
but
(
according
to
what
he
understood
,
)
he
did
it
faithfully
,
and
never
any
thing
miscarried
.
Sir
William
Pennyman
being
asked
,
What
my
Lord
of
Strafford's
Answer
was
to
him
,
when
he
told
my
Lord
of
some
News
scattered
,
that
the
Irish
Army
were
intended
for
England
?
He
Answered
,
He
did
Ask
such
a
Question
,
and
remembers
it
(
and
may
be
,
more
particularly
than
my
Lord
doth
)
That
he
was
newly
come
from
his
Quarter
,
and
my
Lord
told
him
,
That
some
of
their
Lordships
were
come
with
a
Petition
to
the
King
,
and
,
among
other
things
,
Petitioned
,
That
the
Irish
Army
should
not
come
over
,
and
wondered
,
their
Lordships
should
Petition
for
that
;
for
certainly
,
he
should
know
that
particular
as
much
as
their
Lordships
;
and
protested
,
before
God
,
they
were
never
intended
to
set
foot
on
English
Ground
:
That
he
(
Sir
William
Pennyman
)
reply'd
again
,
Certainly
a
great
many
more
were
in
a
great
deal
of
darkness
and
error
;
for
,
he
had
asked
Sir
Robert
Farrar
the
Reason
the
Irish
Army
did
not
come
over
,
it
being
the
conjecture
of
a
great
many
they
should
Land
at
Workington
;
and
his
Lordship
protested
again
,
That
he
never
knew
they
were
to
set
foot
on
English
ground
.
He
(
the
Defendant
)
confesseth
,
he
said
,
The
Army
was
to
come
to
Workington
,
and
joyn
with
the
Kings
Forces
at
Barwick
;
for
,
he
had
no
reason
to
prepare
the
Scots
before-hand
but
to
disguise
the
business
,
though
he
never
thought
nor
heard
of
any
purpose
under
Heaven
,
that
any
of
them
should
come
on
English
Ground
:
And
added
,
That
he
did
not
rest
here
,
but
acquainted
my
Lord
of
Ormond
the
Lieutenant-General
of
that
Army
,
my
Lord
President
of
Munster
,
my
Lord
Justice
Burlace
(
who
now
is
General
of
the
Artillery
)
that
the
Army
was
to
be
sent
for
Knockfergus
,
the
Northerly
part
of
Ireland
,
and
the
business
to
be
for
Scotland
,
not
for
England
:
And
,
the
sending
of
all
the
Stores
to
the
uttermost
Confines
,
shews
plainly
and
demonstratively
,
that
the
Design
wrought
there
,
howsoever
it
was
pretended
in
another
place
.
The
next
thing
brought
into
his
Charge
,
is
from
the
Mouth
of
his
own
Brother
;
and
,
it
is
narrowly
sought
after
,
even
in
his
innermost
friends
,
his
Brother
,
his
Table
,
his
House
,
his
Bed
,
in
every
place
,
for
something
to
Convince
him
of
that
,
which
he
thanks
God
he
was
never
guilty
of
.
It
is
from
a
Testimony
of
Sir
Tho.
Barrington
,
who
tells
what
passed
between
Sir
Thomas
and
his
Brother
.
But
,
in
Answer
thereunto
,
he
offers
,
That
what
his
Brother
sayes
is
nothing
to
him
:
his
Brother
is
a
young
Gentleman
;
and
,
in
things
that
concern
the
Kings
service
,
and
where
there
lies
the
Obligation
of
an
Oath
,
his
Brother
knows
no
more
from
him
,
than
a
meer
stranger
,
nor
shall
,
though
he
knows
him
well
:
and
therefore
he
hopes
this
cannot
convince
him
,
when
the
whole
course
of
his
actions
goes
another
way
.
But
,
thus
much
he
must
say
for
his
Brother
,
before
he
be
Examined
,
That
when
it
was
first
opened
in
the
Parliament
House
,
That
one
near
to
him
in
blood
should
say
,
England
would
be
never
well
till
it
be
Conquer'd
again
;
he
could
not
imagine
who
in
the
world
it
should
be
;
And
besought
their
Lordships
,
that
,
since
he
now
comes
to
know
it
,
his
Brother
may
be
Asked
,
Whether
he
knows
any
thing
of
it
?
Sir
George
Wentworth
being
to
speak
as
to
the
said
Discourse
,
Mr.
Maynard
opposed
this
proceeding
,
as
tending
to
the
clearing
of
himself
;
supposing
,
that
if
they
had
examined
him
,
whether
he
had
spoken
the
words
or
no
,
their
Lordships
would
not
have
suffered
him
to
be
examined
to
charge
himself
;
and
their
Lordships
Judgments
were
humbly
demanded
,
whether
if
he
be
not
to
be
examined
on
one
side
,
he
should
be
examined
on
the
other
?
But
Sir
George
Wentworth
desiring
to
be
heard
for
his
own
Justification
,
Mr.
Maynard
further
offered
,
That
being
for
his
own
Justification
,
And
their
Lordships
directed
it
accordingly
.
My
Lord
of
Strafford
offering
to
their
Lordships
,
That
it
is
easie
to
The
Committee
thereupon
offered
to
confirm
the
Testimony
by
some
other
Circumstances
;
but
,
their
Lordships
seeming
satisfied
,
it
was
forborn
.
And
so
my
Lord
of
Strafford
concluded
that
part
of
the
Charge
,
which
concerned
his
Conspiring
with
Sir
George
Ratcliffe
,
to
bring
over
the
Irish
Army
to
the
prejudice
of
England
;
thinking
,
as
he
said
,
that
he
had
clearly
and
evidently
demonstrated
it
to
be
a
truth
,
that
will
not
be
denied
him
,
that
the
intendment
was
for
no
such
purpose
,
and
consequently
there
was
no
such
Conspiracy
to
any
such
intent
:
and
therefore
left
it
to
their
Lordships
further
,
and
wiser
,
and
nobler
Considerations
.
The
next
thing
,
is
the
words
Charged
to
have
been
spoken
after
his
return
into
England
,
to
sundry
persons
,
declaring
his
Opinion
,
That
His
Majesty
should
first
try
the
Parliament
here
,
and
,
if
they
did
not
supply
Him
according
to
His
present
exigency
,
He
might
use
His
Prerogative
as
He
pleased
,
and
to
Levy
what
He
needed
.
And
,
all
the
Proofe
of
these
words
,
is
the
Testimony
of
my
Lord
Primate
,
whereunto
he
hath
given
that
Answer
already
,
that
he
hopes
will
be
satisfactory
.
As
to
the
other
part
,
That
the
King
shall
be
acquitted
before
God
and
Men
,
if
he
take
other
course
to
supply
Himself
,
though
against
the
good
will
of
His
Subjects
.
This
he
hath
Answered
already
,
and
shall
not
need
to
repeat
:
But
,
he
finds
some
things
in
the
Proofes
,
which
,
whether
they
mean
to
make
use
of
,
to
prove
any
of
the
words
he
knows
not
:
and
therefore
he
desired
to
touch
on
them
a
little
.
The
first
proof
hereof
,
Is
the
Testimony
of
Mr.
Comptroller
,
that
he
,
the
(
Earl
of
Strafford
)
should
say
something
of
deserting
the
King
,
but
he
remembers
not
the
particulars
:
In
which
words
he
conceives
there
is
nothing
that
can
make
him
Criminal
before
their
Lordships
.
The
next
is
,
of
what
my
Lord
of
Bristol
sayes
;
whose
Discourse
came
in
upon
some
Difference
between
the
Tenants
of
his
Lordship
(
the
Earl
of
Bristol
)
and
his
(
the
said
Earl
of
Strafford
)
The
discourse
he
remembers
very
well
,
my
Lord
of
Bristol
honouring
him
with
a
visit
when
he
was
sick
;
and
,
he
remembers
,
something
was
spoken
to
that
effect
and
purpose
,
as
it
is
in
the
Testimony
.
But
,
What
is
this
as
to
the
Charge
laid
against
him
?
In
the
Charge
,
there
are
only
such
words
that
may
prejudice
him
,
but
nothing
that
may
forfeit
his
Life
,
Estate
,
and
Honor.
As
in
the
case
of
Extream
and
unavoidable
necessitie
,
viz.
The
Invasion
of
a
Foreign
Enemy
,
when
there
is
not
time
to
call
a
Parliament
.
And
,
the
King
may
in
that
case
use
,
as
the
Common
Parent
of
the
Country
,
what
power
God
Almighty
hath
given
Him
,
for
preserving
Himself
,
and
His
People
,
for
whom
He
is
accomptable
to
Almighty
God
,
is
a
thing
quite
different
,
from
what
is
in
an
ordinary
Case
.
He
confesses
,
his
opinion
is
,
the
King
hath
a
power
absolutely
to
use
all
possible
means
for
the
safety
of
the
Publick
.
In
these
Cases
He
hath
a
Power
given
Him
by
God
Almighty
,
that
cannot
be
taken
from
Him
by
others
;
neither
,
under
favour
,
is
He
able
to
take
it
from
Himself
.
If
this
be
a
fond
and
foolish
Opinion
,
he
craves
their
Lordships
pardon
;
but
,
he
thinks
,
a
man
should
not
forfeit
his
Life
and
Honor
,
and
Posterity
,
for
a
foolish
Opinion
;
God
forbid
that
Common-Law
,
or
Statute-Law
,
should
make
that
Treason
in
any
Man
.
So
that
he
acknowledges
,
There
was
some
such
discourse
;
But
,
all
things
taken
together
,
carries
the
State
of
the
Question
quite
another
way
,
then
when
taken
to
pieces
.
My
Lord
of
Bristols
Testimony
sayes
further
.
But
my
Lord
of
Strafford
then
said
,
The
King
was
not
to
be
Mastered
by
the
frowardness
or
wilfulness
of
His
People
,
or
rather
by
the
disaffection
of
some
particular
men
.
To
which
words
,
he
sayes
,
If
he
did
remember
them
,
he
would
acknowledge
them
:
But
,
being
then
in
that
condition
,
delivered
from
a
great
and
long
sickness
,
infirm
and
weak
;
both
in
the
powers
of
his
mind
,
and
faculties
of
his
Body
,
if
he
be
not
able
to
recollect
every
thing
,
it
is
no
marvel
:
But
,
he
relies
so
much
on
the
honor
and
nobleness
of
my
Lord
of
Bristol
,
that
seeing
he
sayes
that
he
said
it
,
he
will
not
deny
it
,
though
he
cannot
remember
it
.
But
he
must
say
withal
,
That
his
Testimony
cannot
work
any
thing
towards
him
further
,
then
a
single
Testimony
can
do
in
this
case
:
and
therefore
,
without
offence
,
he
shall
desire
,
in
this
particular
,
to
reserve
that
benefit
to
himself
,
that
the
Law
in
this
case
gives
him
,
in
such
sort
,
as
hereafter
he
shall
be
bold
to
put
their
Lordships
in
mind
of
,
that
is
,
how
far
a
single
testimony
may
work
to
the
prejudice
of
a
Man
,
charged
with
High
Treason
.
The
next
Testimony
is
my
Lord
of
Newburgh
;
That
he
heard
me
(
the
Defendant
)
say
,
or
words
to
this
effect
,
That
seeing
the
Parliament
had
not
supplied
the
King
,
His
Majesty
might
take
other
Courses
for
the
Defence
of
the
Kingdom
.
These
words
I
do
(
said
the
Defendant
)
acknowledge
:
And
he
trusts
there
is
no
offence
in
this
saying
;
for
,
I
conceive
,
that
the
King
is
not
secluded
,
nor
any
one
else
,
in
a
fair
,
and
just
,
and
an
honourable
way
,
from
doing
the
best
for
himself
,
and
his
own
preservation
;
but
those
other
Courses
that
were
intended
,
were
just
and
lawful
Courses
;
He
must
put
that
grain
of
salt
into
all
the
rest
of
his
Discourse
;
that
it
was
meant
of
no
other
wayes
or
Means
,
but
such
as
were
allowed
by
the
Laws
of
the
Land
,
and
were
fit
for
a
gracious
and
pious
King
to
use
:
and
so
understood
,
he
knows
no
reason
,
but
the
King
should
be
left
to
supply
Himself
,
in
all
the
fair
and
just
ways
he
can
,
if
the
Parliament
should
not
supply
Him
.
The
next
Testimony
is
my
Lord
of
Holland's
,
and
his
Lordship
sayes
,
That
at
Council-Table
my
Lord
of
Strafford
should
say
,
That
the
Parliament
having
deny'd
the
King
,
gave
Him
an
advantage
to
supply
Himself
otherwayes
.
But
,
he
sayes
still
,
other
lawful
wayes
;
It
gave
Him
advantage
to
use
His
Prerogative
in
lawful
wayes
,
further
then
otherwise
perhaps
out
of
his
goodness
,
He
would
have
done
:
Therefore
,
giving
those
words
that
Interpretation
,
he
conceives
they
cannot
be
layd
to
him
as
a
Charge
of
High-Treason
.
The
next
is
the
Testimony
of
my
Lord
of
Northumberland
,
who
sayes
,
My
Lord
of
Strafford
said
,
That
in
case
of
necessity
,
and
for
Defence
and
safety
of
the
Kingdom
;
if
the
People
refuse
,
the
King
might
do
every
thing
for
the
Preservation
of
His
People
.
This
brings
it
much
to
the
other
business
before
spoken
of
,
it
being
in
case
of
necessity
,
for
Defence
and
Safety
of
the
Kingdom
,
and
to
be
used
for
preservation
of
the
People
;
for
,
he
must
needs
say
,
That
is
his
Opinion
,
grounded
upon
that
Maxim
,
Salus
Populisuprema
Lex
;
In
these
things
when
ordinary
formes
cannot
be
had
(
for
when
they
may
be
had
,
to
go
to
extraordinary
,
is
not
right
)
but
,
when
the
ordinary
wayes
fail
,
and
the
occasion
gives
no
time
,
God
forbid
,
but
the
King
should
employ
the
uttermost
of
His
Power
,
Wisdom
,
and
Courage
,
for
preservation
of
Himself
and
His
People
;
And
,
to
say
it
with
limitation
,
under
favour
,
doth
state
the
Question
quite
otherwayes
,
then
if
the
words
were
taken
alone
,
and
not
put
together
.
But
,
that
with
these
Limitations
he
spake
,
both
these
things
,
and
diverse
others
,
will
more
fully
and
clearly
appear
in
the
next
succeeding
Article
:
for
,
here
he
is
charged
with
speaking
things
at
large
;
but
there
at
the
Council-Board
,
and
there
it
will
come
in
properly
.
At
which
time
he
shall
desire
to
examine
some
of
their
Lordships
,
and
,
it
shall
appear
,
words
of
this
Nature
went
alwayes
in
this
sort
from
him
,
in
case
of
a
Foraign
Invasion
,
in
case
of
an
Enemy
actually
entred
,
or
to
be
entred
,
and
not
otherwise
;
which
makes
it
another
Question
,
then
as
by
the
Antecedents
and
Consequents
it
is
laid
in
the
Charge
.
Besides
,
this
offence
is
,
but
words
spoken
by
way
of
Argument
,
in
Common
Discourse
,
betwixt
Man
and
Man
,
without
any
further
,
or
other
proceeding
,
or
Execution
upon
these
words
:
and
,
Shall
these
be
brought
against
a
Man
,
and
charged
on
him
as
High-Treason
?
God
forbid
that
ever
we
should
live
to
see
such
an
Example
in
this
Kingdom
:
A
matter
of
infinite
prejudice
and
danger
to
every
Man
;
for
,
when
that
is
done
,
no
Man
can
be
safe
.
Is
there
any
thing
more
ordinary
,
then
for
Men
in
Discourse
,
to
seem
to
be
of
a
Contrary
Opinion
to
what
they
are
,
to
invite
another
Man
to
give
Reasons
,
perhaps
to
confirm
him
in
his
own
Opinion
,
though
he
seems
to
Argue
against
it
?
Is
any
thing
more
familiar
,
than
for
a
Man
to
seem
to
be
of
an
Opinion
,
to
gain
a
Reason
to
confirm
that
Opinion
which
he
is
of
,
and
contrary
to
that
he
seems
to
defend
,
by
this
means
to
get
the
strength
of
other
Mens
Reasons
to
confirm
his
own
by
?
Again
,
Is
any
thing
more
familiar
in
private
Discourse
,
between
Man
and
Man
,
than
when
one
is
so
far
on
that
side
the
Line
,
for
the
other
to
go
as
far
himself
,
that
he
may
meet
the
first
Man
in
the
midst
?
If
a
man
meet
with
one
that
is
as
far
below
,
as
himself
is
above
,
and
shall
seem
to
maintain
further
,
than
his
Reason
and
Belief
carries
him
,
to
bring
the
other
to
moderation
,
Shall
this
be
charged
on
him
as
a
Treason
?
If
words
spoken
to
Friends
,
in
familiar
Discourse
,
spoken
in
ones
Chamber
,
spoken
at
ones
Table
,
spoken
in
ones
Sick-Bed
,
spoken
,
perhaps
,
to
gain
better
Reason
,
to
give
himself
more
clear
light
and
judgment
,
by
reasoning
;
If
these
things
shall
be
brought
against
a
man
,
as
Treason
;
this
,
under
favour
,
takes
away
the
Comfort
of
all
Humane
Society
:
By
this
means
we
shall
be
debarred
of
Speaking
(
the
Principal
Joy
and
Comfort
of
Society
)
with
wise
and
good
Men
,
to
become
wiser
,
and
better
our
lives
.
If
these
things
be
strained
to
take
away
Life
,
and
Honor
,
and
all
that
is
desirable
,
it
will
be
a
silent
World
;
a
City
will
become
an
Hermitage
,
and
Sheep
will
be
found
amongst
a
Crowd
and
Press
of
People
;
and
,
no
Man
shall
dare
to
impart
his
Solitary
Thoughts
,
or
Opinion
,
to
his
Friend
and
Neighbor
,
but
thereby
be
debarred
from
consulting
with
wiser
Men
then
himself
,
whereby
he
may
understand
the
Law
,
wherewith
he
ought
to
be
governed
.
But
,
these
be
but
words
all
the
while
;
and
,
if
he
shall
shew
,
that
words
of
a
higher
nature
,
shall
,
by
the
Judgment
of
an
English
Parliament
,
be
thought
not
to
be
Treason
;
Why
should
he
think
,
or
imagine
,
or
fear
,
that
their
Lordships
will
make
these
indiscreet
and
idle
Expressions
of
his
,
reach
so
high
as
his
Head
,
and
take
the
Comfort
of
his
Life
and
Children
from
him
.
No
Statute
makes
Words
Treason
:
and
,
if
the
Fundamental
Law
,
the
Common
Law
of
the
Land
had
made
them
Treason
,
surely
the
Parliament
would
never
have
set
a
Mulct
upon
them
.
This
Statute
is
,
1
Ed.
6.
cap.
12.
as
followeth
,
BE
it
Enacted
by
the
Authority
aforesaid
,
if
any
person
or
persons
,
do
compass
,
and
imagine
,
by
open
Preaching
,
express
words
,
or
saying
,
to
depose
,
or
deprive
the
King
,
His
Heirs
,
or
Successors
,
from
His
,
or
their
Royal
Estate
,
or
Title
,
or
openly
publish
,
or
say
,
by
express
words
,
or
saying
,
That
any
other
person
,
or
persons
other
then
the
King
,
His
Heirs
or
Successors
,
of
right
ought
to
be
,
&c.
These
be
words
of
higher
nature
,
than
those
charged
upon
himself
;
and
yet
the
first
offence
is
made
but
loss
of
Goods
,
and
Imprisonment
;
for
the
second
,
loss
of
Lands
,
Goods
,
and
Imprisonment
;
the
third
time
is
only
made
Treason
.
He
added
,
That
their
Lordships
will
never
think
these
words
,
being
flym-flam
,
that
pass
in
a
negligent
manner
betwixt
Man
and
Man
,
shall
ever
be
brought
to
be
Treason
.
And
,
whereas
25
E.
3.
hath
these
words
,
When
a
Man
doth
Compass
,
or
Imagine
the
death
of
our
Lord
the
King
.
The
very
words
are
mentioned
in
1
E.
6.
When
a
man
doth
compass
,
or
imagine
,
by
open
Preaching
,
&c.
to
Depose
the
King
.
And
the
first
Statute
provides
,
That
if
a
Man
shall
compass
the
Death
of
the
King
,
and
be
not
thereof
attainted
by
open
Deed
,
it
is
not
Treason
.
And
,
the
Statute
of
H.
4.
and
1
Mar.
concurr
with
this
,
and
shew
,
That
the
intent
of
these
was
to
take
away
the
danger
the
Subject
might
incurr
,
if
bare
words
should
be
brought
against
him
as
Treason
.
And
,
it
hath
been
the
Wisdom
of
their
Lordships
noble
Ancestors
,
and
this
State
,
that
they
have
alwayes
endeavoured
to
conclude
the
danger
that
may
fall
on
the
Subject
by
Treason
,
that
it
might
be
limited
and
bounded
,
and
that
it
might
be
so
understood
as
to
be
avoided
;
and
,
he
hopes
,
we
shall
never
be
so
improvident
,
as
to
sharpen
this
two-edged
Sword
against
our selves
,
and
the
faces
of
our
Posterity
,
and
to
let
the
Lion
loose
to
tear
us
all
in
pieces
;
for
,
if
way
be
given
to
Arbitrary
Treason
,
and
to
the
Wits
of
Men
,
to
work
upon
it
,
to
prejudice
or
question
Life
,
it
would
be
very
dangerous
.
And
,
he
believes
,
That
in
this
Hall
there
would
be
Actions
of
Treason
that
would
fly
as
familiarly
up
and
down
,
as
Actions
of
Trespass
:
and
therefore
since
by
the
goodness
of
our
King
,
and
the
wisdom
of
our
Ancestors
,
we
have
been
thus
provided
for
,
why
we
should
entangle
our selves
into
the
straights
they
could
not
endure
,
but
endeavoured
,
by
all
means
,
to
free
themselves
from
the
dangers
that
familiarly
follow
them
,
he
cannot
see
.
To
the
First
Part
of
the
23d
Article
,
concerning
the
last
Parliament
,
the
Gentlemen
have
reserved
themselves
till
to
morrow
,
and
therefore
he
shall
not
need
to
speak
to
that
,
and
so
there
will
remain
nothing
for
him
to
Answer
,
but
the
last
part
of
the
Act
,
with
the
next
Charge
,
concerning
words
spoken
at
the
Council-Board
,
or
at
the
Committee
for
Scotch
Affairs
,
viz.
That
His
Majesty
having
tried
the
Affections
of
His
People
,
He
was
loose
and
absolved
from
all
Rules
of
Government
,
and
was
to
do
every
thing
that
Power
would
admit
;
and
,
that
His
Majesty
had
tried
all
wayes
,
and
was
refused
,
and
should
be
acquitted
both
before
God
and
Man
;
and
that
he
had
an
Army
in
Ireland
,
which
he
might
employ
to
reduce
this
Kingdom
to
Obedience
.
Concerning
this
particular
,
he
says
,
he
remembers
not
anything
,
but
what
Mr.
Treasurer
is
pleased
to
speak
of
:
And
,
whereas
Mr.
Treasurer
,
as
concerning
that
part
,
said
,
He
loves
to
speak
the
truth
;
my
Lord
of
Strafford
said
,
He
doubts
not
but
he
doth
,
for
that
we
should
all
do
,
he
is
sure
of
it
;
But
,
Mr.
Treasurer
has
reversed
his
Testimony
,
in
saying
,
that
he
will
not
speak
to
the
very
words
themselves
,
but
to
these
,
or
words
to
the
like
effect
;
and
,
if
he
be
not
mistaken
,
and
to
the
best
of
his
remembrance
,
That
,
His
Majesty
having
tryed
all
wayes
,
and
being
refused
,
in
this
extream
necessity
,
and
,
for
the
safety
of
the
Kingdom
,
and
People
,
He
might
do
,
&c.
And
,
that
Your
Majesty
hath
an
Army
in
Ireland
,
which
You
may
employ
(
there
,
he
said
at
first
)
And
afterwards
(
which
You
may
employ
to
this
Kingdom
.
)
And
,
he
saith
,
he
doth
not
interpret
these
words
,
but
gives
the
words
clearly
and
plainly
,
as
my
Lord
of
Northumberland
hath
declared
,
and
that
it
was
soon
after
the
Dissolution
of
the
last
Parliament
,
to
his
best
remembrance
,
and
at
the
Committee
of
8
;
and
,
he
thinks
,
my
Lord
spake
them
positively
,
or
something
to
that
effect
.
Now
,
whereas
he
calls
in
to
his
aid
my
Lord
of
Northumberland
,
under
favour
,
my
Lord
of
Northumberland
declared
no
such
words
,
but
absolutely
denies
,
in
his
Examination
,
that
he
ever
heard
my
Lord
of
Strafford
mention
the
reducing
of
England
by
an
Irish
Army
:
It
is
true
,
my
Lord
of
Northumberland
goes
thus
far
,
That
he
hath
heard
him
say
something
,
whereby
he
might
conceive
,
there
was
intended
some
Course
of
raising
Moneys
by
extraordinary
wayes
.
And
,
that
my
Lord
of
Strafford
confesses
is
very
true
,
for
,
if
it
were
by
borrowing
3
or
400000
l.
it
is
an
extraordinary
way
;
the
Kings
Revenue
could
not
serve
these
occasions
,
there
must
be
other
wayes
,
and
Loan
was
one
,
and
that
fair
,
and
honourable
,
and
just
.
So
then
,
as
to
this
Testimony
,
the
Defendant
offers
to
their
Lordships
,
that
he
hath
examined
my
Lord
of
Northumberland
,
and
he
knows
no
such
thing
;
He
hath
examined
my
Lord
Marquiss
of
Hamilton
,
and
his
Lordship
is
pleased
to
say
,
He
remembers
no
such
thing
at
the
Committee
of
8.
He
desired
my
Lord
Treasurer
might
be
Examined
to
the
same
Words
.
The
L.
Treasurer
being
Asked
,
Whether
ever
he
heard
my
Lord
of
Strafford
He
Answered
,
That
he
never
heard
my
Lord
speak
those
words
of
the
Irish
Army
,
nor
any
thing
like
it
;
and
he
repeated
,
That
he
never
heard
his
Lordship
speak
it
in
the
manner
proposed
,
nor
any
thing
like
it
.
Being
Asked
(
on
Mr.
Maynards
motion
)
Whether
he
ever
heard
my
He
Answered
,
That
he
desired
time
to
consider
of
that
.
He
remembers
not
any
such
thing
,
but
he
reserves
himself
for
that
.
Being
Asked
on
the
like
motion
,
Whether
he
heard
my
Lord
of
Strafford
say
any
thing
to
that
purpose
,
That
the
Parliament
had
deserted
,
or
forsaken
the
King
?
He
Answered
,
That
he
remembers
not
that
he
heard
any
such
thing
.
Lord
Cottington
being
Asked
(
on
my
Lord
of
Straffords
motion
)
Whether
he
heard
my
Lord
of
Strafford
say
such
words
,
That
the
King
had
an
Army
in
Ireland
,
and
he
might
employ
them
to
reduce
this
Kingdom
?
He
Answered
,
That
he
hath
heard
the
Question
heretofore
,
and
is
Being
Asked
(
on
Mr.
Maynards
Motion
)
Whether
he
heard
my
Lord
He
Answered
,
That
,
as
he
takes
it
,
he
hath
been
Asked
to
that
Question
Being
Asked
,
on
the
like
motion
,
Whether
he
heard
him
say
,
The
Parliament
had
forsaken
,
or
denyed
,
or
deserted
the
King
,
or
words
to
that
effect
?
He
Answered
,
That
for
saying
,
The
Parliament
had
not
provided
for
the
King
,
The
Parliament
was
ended
,
and
had
not
provided
for
the
King
;
and
,
That
the
Parliament
had
not
provided
,
or
left
the
King
without
Money
;
It
is
very
probable
he
did
say
it
;
and
,
he
thinks
,
he
did
so
,
for
it
was
the
truth
.
Being
Asked
,
Whether
he
said
,
The
Parliament
had
denyed
the
King
?
He
Answered
,
That
what
his
words
were
,
It
is
a
hard
matter
for
him
to
say
;
That
he
said
,
The
Parliament
had
denyed
,
or
left
the
King
,
he
will
not
Swear
.
Being
Asked
,
on
like
motion
,
Whether
he
perswaded
the
King
that
he
was
to
be
supplyed
in
extraordinary
wayes
?
He
Answered
,
That
he
cannot
Swear
that
neither
.
Where
Mr.
Maynard
observed
,
That
my
Lord
of
Strafford
himself
granted
,
To
which
my
Lord
Cottington
Answered
,
That
if
the
Gentlemen
would
have
heard
him
out
,
he
should
have
given
good
satisfaction
.
Extraordinary
wayes
;
and
he
cannot
say
he
did
;
but
he
hath
heard
him
say
,
The
King
ought
to
seek
out
all
due
and
legal
wayes
,
and
to
employ
His
Power
,
and
Authority
,
and
Prerogative
,
Castè
&
Candidè
,
he
remembers
these
words
very
well
.
For
close
of
his
Defence
to
these
words
,
That
His
Majesty
had
an
Army
in
Ireland
to
reduce
this
Kingdom
,
witnessed
by
Mr.
Treasurer
.
My
Lord
of
Strafford
said
,
Mens
memories
are
weak
,
and
the
best
may
be
mistaken
,
or
misremember
,
and
may
think
one
man
says
that
which
another
man
says
,
or
that
a
man
says
that
,
which
in
truth
he
did
not
say
,
as
it
is
in
this
Case
.
Their
Lordships
have
had
all
the
light
that
is
possible
for
him
the
Defendant
to
give
them
.
My
Lord
of
Northumberland
being
examined
on
oath
,
sayes
,
he
remembers
not
the
words
.
My
Lord
Marquis
Hamilton
remembers
them
not
.
My
Lord
Treasurer
of
England
remembers
neither
that
,
nor
any
thing
like
it
;
My
Lord
Cottington
remembers
no
such
thing
,
and
is
well
assured
,
he
never
heard
him
say
any
such
thing
.
Here
are
all
that
are
left
of
the
Committee
,
save
my
Lord
of
Canterbury
,
and
him
(
the
Defendant
)
cannot
examine
,
otherwise
he
would
.
Secretary
Windebank
is
a
little
too
far
off
to
be
heard
at
this
time
,
and
if
their
Lordships
could
ask
him
,
whether
the
Defendant
ever
spake
the
words
,
on
the
faith
of
a
Christian
and
a
Gentleman
,
he
will
take
his
oath
,
he
doth
not
think
nor
believe
he
ever
spake
them
,
but
believes
as
constantly
,
as
possible
can
be
,
that
he
never
spake
them
;
He
would
be
loath
to
swear
he
did
not
,
it
being
so
long
since
:
But
when
his
words
shall
more
particularly
,
and
specially
be
remembred
by
another
man
,
than
by
himself
,
he
must
commend
that
memory
,
that
observed
what
he
said
,
so
perfectly
,
as
to
be
able
to
give
a
better
account
of
them
than
himself
,
the
party
that
spake
the
words
,
or
any
man
in
the
company
besides
.
My
Lord
further
insisted
,
That
this
concerns
him
very
nearly
,
for
it
would
be
a
grievous
charge
that
is
on
him
by
this
means
(
though
not
in
the
intendment
)
of
the
Gentleman
that
urges
it
,
who
(
he
hopes
wishes
him
well
)
if
he
should
be
thought
to
be
an
overthrower
of
the
Liberties
of
the
Subject
by
a
foreign
Army
.
However
,
it
is
a
single
Testimony
,
and
no
more
,
and
that
single
Testimony
(
without
any
prejudice
to
the
Testimony
)
cannot
rise
in
Judgement
against
him
;
Nay
,
he
cannot
be
Indicted
nor
Arraigned
of
High
Treason
for
it
,
by
the
Statutes
of
1
E.
6.
Ca.
12.
the
last
Proviso
of
it
,
in
these
words
.
BE
it
Enacted
by
the
Authority
aforesaid
,
That
no
Person
or
Persons
after
the
First
day
of
February
next
coming
,
shall
be
Indicted
,
Arraigned
,
Condemned
,
or
Convicted
of
any
offence
of
Treason
,
Petty-Treason
,
or
Misprision
of
Treason
,
or
any
words
before
specified
,
after
the
First
day
of
February
,
for
which
the
said
Offender
or
Speaker
shall
suffer
any
pain
of
Death
,
Imprisonment
,
Loss
,
Forfeiture
of
Goods
,
Lands
,
or
Tenements
,
unless
the
said
Offender
,
or
Speaker
,
be
accused
by
two
sufficient
and
lawful
Witnesses
,
orshall
willingly
without
violence
confess
the
same
.
And
if
their
Lordships
will
give
leave
to
consider
the
first
part
of
the
words
,
being
fairly
and
indifferently
interpreted
,
and
with
the
secret
reservations
,
men
ought
to
speak
things
withal
(
for
we
ought
to
think
just
things
,
and
that
men
will
do
nothing
but
fairly
,
and
these
are
conditions
implyed
,
when
we
speak
of
the
Sacred
Majesty
of
Kings
)
let
that
be
implyed
,
it
could
not
be
High
Treason
to
tell
the
King
,
That
having
tryed
the
affections
of
his
people
,
he
was
loose
and
absolved
from
all
rules
of
Government
;
that
is
,
all
ordinary
rules
,
and
was
to
do
every
thing
that
Power
would
admit
;
that
is
,
that
Power
would
lawfully
admit
,
and
that
His
Majesty
had
tryed
all
just
and
Honourable
ways
,
and
was
refused
,
and
should
be
acquitted
both
of
God
and
men
.
The
last
words
,
That
the
King
had
an
Army
in
Ireland
,
which
he
might
imploy
to
reduce
this
Kingdom
,
he
denies
;
and
if
the
other
words
be
fairly
interpreted
with
the
reservations
granted
a
man
in
that
case
,
being
spoken
of
so
great
a
person
as
the
King
,
nothing
in
them
can
turn
so
much
to
the
prejudice
of
the
Speaker
.
But
he
desires
leave
to
offer
the
Antecedents
and
Consequents
of
all
that
he
said
in
Council
,
whereupon
this
is
gathered
;
and
then
they
find
the
Case
otherwise
stated
,
than
as
it
is
strained
in
the
Charges
.
God
forbid
any
man
should
be
judged
for
words
taken
by
pieces
,
here
a
word
and
there
a
word
,
where
the
Antecedent
and
Consequents
are
left
out
,
for
then
Treason
may
be
fetcht
out
of
every
word
a
man
speaks
;
as
for
example
,
If
one
asks
him
whether
he
will
go
to
such
a
place
,
he
tells
him
by
way
of
Answer
,
He
will
kill
the
King
as
soon
;
the
other
swears
,
he
said
,
he
would
kill
the
King
;
it
is
very
true
indeed
,
but
if
the
other
words
be
added
,
it
will
then
imply
,
That
he
will
be
sure
not
to
kill
the
King
,
and
therefore
he
will
be
sure
not
to
goe
to
the
place
.
And
if
the
words
be
taken
together
,
he
puts
the
Case
thus
;
In
case
of
absolute
necessity
,
and
upon
a
foreign
Invasion
of
an
enemy
,
when
the
enemy
is
either
actually
entred
,
or
ready
to
enter
,
and
when
all
other
ordinary
means
fail
,
in
this
case
there
is
a
Trust
left
by
Almighty
God
in
the
King
,
to
employ
the
best
and
uttermost
of
his
means
,
for
the
preserving
of
himself
and
his
people
,
which
,
under
favour
,
he
cannot
take
away
from
himself
.
And
as
this
did
precede
these
words
,
so
there
were
divers
restrictions
added
to
them
;
for
he
says
,
this
must
be
done
only
,
and
upon
no
other
pretence
whatsoever
,
but
for
the
preservation
of
the
Common-wealth
,
that
it
must
be
done
Candidè
,
&
Castè
,
That
if
it
were
done
on
any
other
pretence
whatsoever
,
than
clearly
and
fairly
,
for
preserving
the
Common-wealth
,
that
would
prove
it
to
be
oppressive
and
injurious
,
which
otherwise
rightly
employed
,
would
become
a
Pious
and
Christian
King
;
and
that
when
the
present
danger
of
the
Common-wealth
was
,
by
the
Wisdom
,
and
Courage
,
and
Power
of
the
King
prevented
,
and
the
publique
Weal
secured
;
In
a
time
proper
and
fit
,
the
King
was
obliged
to
vindicate
the
Property
and
Liberty
of
the
Subject
from
any
ill
prejudice
,
that
might
fall
from
such
a
Precedent
;
and
until
the
Prerogative
of
the
Crown
,
and
Liberty
of
the
Subject
are
so
bounded
,
that
they
may
be
rightly
understood
by
King
and
People
,
(
which
cannot
be
without
a
Parliament
)
His
Majesty
and
they
can
never
look
to
be
happy
.
Now
if
he
shall
make
this
appear
to
be
true
(
as
he
hopes
he
shall
)
then
he
conceives
he
states
their
Lordships
a
quite
different
question
,
from
that
brought
against
him
in
the
Charge
,
and
brings
an
opinion
so
concluded
,
and
shut
up
with
restrictions
,
and
with
necessity
,
and
with
unavoidable
danger
that
were
otherwise
to
fall
on
the
Common-wealth
,
as
he
trusts
,
cannot
bring
any
manner
of
ill
consequence
whatsoever
publiquely
or
privately
to
any
Creature
.
For
this
purpose
,
he
desired
the
favour
to
examine
some
of
the
Noble
Lords
present
,
and
that
First
,
the
examinations
of
my
Lord
of
Northumberland
might
be
read
,
and
they
were
read
accordingly
.
To
the
Third
Interrogatory
he
saith
,
That
the
Earl
of
Strafford
declared
his
opinion
,
That
His
Majesty
might
use
his
power
when
the
Kingdom
was
in
danger
,
or
unavoidable
necessity
,
or
words
to
that
effect
.
To
the
Fourth
,
That
the
said
Earl
did
often
say
,
That
that
power
was
to
be
used
Candidè
&
Castè
,
and
an
account
thereof
should
be
given
to
the
Parliament
,
that
they
might
see
it
was
only
imployed
to
that
use
.
To
the
Sixth
,
That
the
said
Earl
of
Strafford
said
,
That
this
Kingdom
could
not
be
happy
,
but
by
good
agreement
in
Parliament
,
between
the
King
and
His
People
.
My
Lord
of
Strafford
observed
,
That
this
was
at
the
very
same
time
,
and
let
all
the
world
judge
,
whether
he
had
any
intention
to
subvert
the
fundamental
Laws
of
the
Land
,
or
no
?
Next
he
desired
my
Lord
Marquis
of
Hamilton
might
be
examined
to
the
Interrogatory
my
Lord
of
Northumberland
was
examined
to
.
Marquis
Hamilton
examined
to
the
said
Interrogatory
,
(
viz.
)
Whether
His
Lordship
Answered
,
That
he
hears
the
Question
,
and
remembers
the
same
Question
was
asked
him
formerly
on
his
oath
,
when
he
was
Deponed
,
and
he
then
said
as
now
,
he
could
not
call
to
mind
what
my
Lord
said
in
that
point
.
Whether
my
Lord
of
Strafford
did
not
say
,
That
that
Power
was
to
be
used
Candidè
&
Castè
,
and
if
it
were
used
for
any
other
purpose
,
it
would
be
unjust
and
oppressive
?
His
Lordship
Answered
,
That
he
hath
heard
him
use
those
words
often
to
His
Majesty
,
and
on
them
,
or
immediately
after
,
he
declared
his
opinion
,
That
it
would
never
be
happy
in
this
Kingdom
,
till
there
be
a
right
understanding
between
the
King
and
his
People
,
and
that
could
not
be
,
but
by
a
Parliament
.
Whether
he
did
not
say
at
that
time
,
That
the
present
danger
provided
for
,
and
all
which
setled
,
the
King
was
bound
to
preserve
the
Liberty
and
Propriety
of
the
Subject
,
from
the
prejudice
of
such
a
precedent
?
His
Lordship
Answered
,
He
remembers
something
of
that
,
but
cannot
positively
say
,
because
he
cannot
tell
what
the
precedent
was
.
Being
asked
(
on
Mr.
Whitlock's
motion
)
what
time
he
heard
these
words
from
my
Lord
of
Strafford
,
in
the
said
Second
Question
?
He
Answered
,
professing
that
his
memory
is
not
good
,
and
if
it
fails
not
him
in
this
,
he
may
boldly
affirm
,
he
heard
my
Lord
of
Strafford
speak
the
words
,
both
before
,
and
since
the
Dissolution
of
the
last
Parliament
.
Being
asked
(
on
my
Lord
of
Straffords
motion
)
Whether
His
Majesty
was
pleased
to
declare
to
the
Lords
of
the
Council
,
That
he
had
perfect
and
full
intelligence
,
that
the
Scotch
Army
intended
to
march
into
England
?
He
Answered
,
he
remembers
very
well
His
Majesty
had
frequent
Advertisements
Lord
Goring
being
examined
to
the
First
and
Second
Question
,
proposed
His
Lordship
Answered
,
That
he
remembers
something
to
this
purpose
,
and
Candidè
&
Castè
makes
him
call
it
to
mind
,
but
the
particulars
he
cannot
remember
;
Candidè
&
Castè
,
for
using
the
Kings
Power
,
he
hath
heard
often
.
Tho.
German
being
examined
to
the
same
Question
.
Answered
,
That
he
would
be
very
loath
to
say
anything
that
doth
not
perfectly
occurr
to
his
remembrance
;
he
remembers
that
divers
times
at
Council-Board
,
my
Lord
spake
these
words
,
Candidè
&
Castè
,
and
he
remembers
them
very
perfectly
,
but
what
day
and
time
,
he
remembers
not
;
but
he
remembers
very
perfectly
,
he
heard
my
Lord
of
Strafford
say
,
it
must
be
on
an
urgent
and
unavoidable
occasion
,
that
any
by-course
should
be
taken
,
or
put
in
practice
,
but
what
day
and
time
he
cannot
tell
;
To
the
exact
words
of
the
Interrogation
he
cannot
say
,
but
something
to
the
sence
,
as
he
(
the
Examinant
)
delivers
them
.
Being
asked
whether
my
Lord
of
Strafford
hath
not
concluded
,
That
things
will
not
be
right
,
till
there
be
a
right
understanding
between
the
King
and
his
People
,
or
words
to
that
effect
?
He
Answered
,
That
he
thinks
no
man
hath
the
Honor
to
sit
at
that
Board
,
but
will
give
him
that
Testimony
,
that
he
hath
often
spoken
,
That
the
greatest
happiness
that
can
occurr
to
the
King
and
People
,
is
the
happy
agreement
and
understanding
between
them
.
Being
asked
(
on
Mr.
Glyn's
motion
)
Whether
those
words
were
used
He
Answered
,
To
his
best
remembrance
before
,
yet
he
doth
not
deny
but
they
may
be
said
since
,
that
he
must
leave
to
the
Lords
,
whose
memories
serve
better
to
distinguish
times
.
The
Lord
Treasurer
being
examined
to
the
First
Question
,
proposed
to
He
Answered
,
That
he
doth
not
remember
the
discourse
about
his
business
.
Being
asked
to
the
Question
Nov.
2.
proposed
to
the
Lord
Marquis
.
He
Answered
,
That
phraze
of
Candidè
&
Castè
,
he
remembers
very
well
,
were
used
more
than
once
;
but
whether
they
were
applyed
to
this
particular
,
he
cannot
speak
:
He
remembers
my
Lord
used
the
words
in
such
a
sence
,
and
the
interpretation
of
them
was
chastly
and
honestly
,
but
the
other
part
he
cannot
remember
.
Being
asked
to
the
Question
,
Nov.
2.
proposed
to
the
Lord
Marquis
?
He
Answered
,
That
he
remembers
not
any
of
it
.
Lord
Cottington
being
examined
to
the
Question
Nov.
1.
proposed
to
the
Lord
Marquis
?
He
Answered
,
That
if
his
Deposition
be
looked
upon
,
it
will
be
found
,
he
did
say
,
my
Lord
put
the
Case
so
,
and
he
now
says
it
again
,
he
the
Examinant
did
declare
,
and
understand
that
my
Lord
—
Being
asked
to
the
Question
Nov.
2.
proposed
to
my
Lord
Marquis
?
He
Answered
,
That
he
thinks
he
hath
answer'd
this
already
;
he
remembers
the
words
Candidè
&
Castè
,
and
that
the
Power
the
King
had
for
the
preservation
of
Himself
,
His
Crown
,
Posterity
,
and
People
,
ought
to
be
used
Candidè
&
Castè
,
in
all
fair
and
just
ways
.
Being
asked
whether
my
Lord
of
Strafford
did
not
say
,
That
the
King
was
bound
after
the
present
danger
provided
for
,
to
free
the
Subject
in
Propriety
and
Liberty
,
from
the
prejudice
of
such
a
precedent
?
He
Answered
,
That
he
said
the
necessity
being
past
,
and
the
work
done
,
the
King
ought
to
repair
it
,
and
not
to
leave
any
precedent
,
to
the
prejudice
of
His
People
.
Being
asked
,
Whether
my
Lord
did
not
say
that
in
conclusion
,
all
must
be
setled
by
Parliament
,
and
till
all
the
dispute
betwixt
the
Prerogative
of
the
Crown
,
and
Liberty
of
the
Subject
be
determined
,
neither
King
nor
People
should
be
happy
?
He
Answered
,
That
he
verily
believes
many
of
their
Lordships
have
often
heard
him
say
it
;
He
hath
heard
my
Lord
say
it
to
the
King
at
the
Council-Table
.
It
hath
been
always
his
position
,
and
to
himself
the
Examinant
,
he
hath
said
often
,
both
before
the
last
Parliament
,
and
after
it
was
broken
;
and
it
was
an
ordinary
discourse
to
His
Majesty
,
That
His
Majesty
could
not
be
happy
,
till
there
were
an
happy
Union
betwixt
Himself
and
the
Parliament
,
and
the
Prerogative
and
Liberty
of
the
Subjects
were
determined
.
And
my
Lord
of
Strafford
desired
to
have
so
much
benefit
of
their
Lordships
He
offered
this
further
to
their
Lordships
,
That
they
see
plainly
and
clearly
proved
,
that
at
all
times
,
and
frequently
,
he
hath
presumed
(
by
His
Majesties
favour
and
good
leave
)
to
express
himself
,
how
necessary
it
is
,
for
the
happiness
of
the
King
and
People
,
that
all
these
matters
of
difference
should
be
setled
and
bounded
,
and
that
by
Parliament
:
and
that
till
they
were
so
bounded
,
neither
His
Majesty
nor
they
could
be
happy
:
so
that
it
was
far
from
going
against
the
antient
grounds
of
Government
,
that
have
been
here
setled
in
that
singular
Providence
and
Wisdom
of
our
Ancestors
;
and
never
shall
he
contribute
any
thing
but
to
the
maintainance
and
preservation
of
them
,
in
all
honest
and
honourable
ways
and
means
whatsoever
;
and
if
these
words
were
spoken
with
that
moderation
and
qualification
,
that
the
Power
to
be
used
must
be
a
lawful
Power
,
and
the
ways
to
be
taken
lawful
ways
,
they
were
no
way
subject
to
exception
.
Besides
,
there
is
one
Argument
that
cleers
the
Intendment
and
meaning
of
the
words
,
as
he
conceives
,
a
great
deal
more
prevalently
,
than
if
those
words
of
lawful
Power
,
and
just
and
honourable
ways
,
had
been
put
in
;
And
that
is
,
that
nothing
hath
been
done
by
the
King
or
the
Council
,
against
the
Laws
and
Customs
of
the
Realm
,
in
pursuance
of
them
,
where
it
hath
been
any
breach
on
any
Liberty
or
Propriety
of
the
Subject
;
What
extraordinary
Course
hath
been
taken
not
warrantable
by
Law
?
None
that
he
knows
of
;
so
that
there
being
nothing
but
justly
and
fairly
administred
,
the
very
Deed
done
,
shews
them
to
be
spoken
with
that
meaning
,
and
so
to
be
interpreted
so
much
the
rather
,
by
how
much
doing
well
,
is
better
than
saying
well
;
And
the
worst
that
can
be
made
of
them
,
they
are
but
words
and
no
more
;
and
for
the
excuse
of
them
,
their
Lordships
well
remember
what
he
said
concerning
the
Statute
,
they
can
never
amount
to
Treason
,
and
before
they
shall
be
brought
to
him
in
a
Criminal
Charge
,
he
besought
their
Lordships
to
observe
something
he
shall
offer
to
them
.
These
words
charged
on
him
,
were
not
wantonly
,
or
unnecessarily
spoken
,
or
whispered
in
a
corner
,
but
they
were
spoken
in
full
Council
,
where
he
was
by
the
duty
of
his
Oath
obliged
,
to
speak
according
to
his
Heart
and
Conscience
,
in
all
things
concerning
the
Kings
service
;
so
that
if
he
had
forborn
to
speak
what
he
conceived
,
for
the
benefit
and
advantage
of
the
King
and
People
(
as
he
conceived
this
to
be
)
he
had
been
perjured
towards
God
Almighty
,
and
now
it
seems
by
the
speaking
of
them
,
he
is
in
danger
to
be
a
Traitor
.
If
that
necessity
be
put
upon
him
,
he
thanks
God
,
by
his
Blessing
he
hath
learned
not
to
stand
in
fear
of
him
that
can
kill
the
Body
;
but
he
must
stand
in
fear
of
him
that
can
cast
Body
and
Soul
into
Eternal
pain
.
And
if
that
be
the
question
,
That
he
must
be
a
Traitor
to
Man
,
or
perjured
to
God
,
he
will
be
faithful
to
his
Creator
;
and
whatsoever
shall
befall
him
from
a
popular
rage
,
or
his
own
weakness
,
he
must
leave
it
to
God
Almighty
,
and
to
their
Lordships
Honor
and
Justice
.
Nothing
is
more
common
,
than
for
a
Counsellor
to
be
of
one
opinion
when
he
comes
out
of
his
Chamber
,
and
to
have
that
opinion
he
delivers
,
presently
after
confuted
and
cleared
by
the
Wisdom
and
Prudence
of
his
fellow-Counsellors
,
of
better
understanding
than
himself
.
And
in
this
case
(
when
opinions
are
thus
delivered
,
and
when
there
are
alterations
of
these
opinions
,
upon
the
very
debate
)
that
an
opinion
thus
propounded
,
should
rise
in
judgment
,
to
convince
a
man
of
High
Treason
,
it
is
very
hard
;
nay
,
it
is
to
be
thought
,
that
this
was
the
very
case
in
this
particular
.
The
opinion
was
,
according
to
his
Heart
and
Conscience
given
,
and
for
any
thing
appears
to
their
Lordships
,
something
was
said
at
that
Board
by
others
,
wiser
than
himself
,
that
altered
him
in
that
opinion
;
for
there
was
never
any
thing
moved
by
him
,
to
reinforce
that
proposition
,
he
rested
quiet
with
it
,
he
offered
it
not
again
;
there
was
never
any
thing
done
in
pursuance
of
that
advice
,
either
by
himself
,
or
any
body
else
,
which
shews
he
did
not
press
it
,
but
was
rather
perswaded
by
better
reason
,
that
it
was
fit
to
be
let
alone
.
An
opinion
may
make
an
Heretick
,
but
he
never
heard
before
,
that
Opinion
should
make
a
Traitor
.
And
though
opinions
may
make
an
Heretick
,
yet
they
must
be
held
pertinaciously
,
and
against
the
light
of
a
mans
own
conscience
;
here
no
pertinacy
appears
,
no
contestation
,
nothing
done
against
the
light
of
his
Heart
and
Conscience
,
nothing
of
Obstinacy
,
Frowardness
,
and
Perverseness
;
but
simply
(
simply
indeed
in
all
respects
)
he
did
in
the
duty
of
his
place
,
deliver
his
opinion
modestly
and
fairly
,
and
when
he
had
done
there
,
he
left
it
,
and
persued
it
no
further
:
so
that
such
an
Opinion
as
this
,
would
not
have
made
an
Heretique
,
much
less
a
Traitor
.
In
the
last
place
,
he
humbly
beseeches
their
Lordships
not
to
make
themselves
so
unhappy
,
as
to
disable
themselves
and
their
Children
,
from
undergoing
the
great
Charge
and
Trust
of
the
Common-wealth
.
Their
Lordships
have
it
from
their
Fathers
,
they
are
born
to
great
thoughts
,
and
are
nursed
up
for
the
great
and
weighty
imployments
of
the
Kingdom
;
and
God
forbid
that
any
but
themselves
,
Caeteris
paribus
,
should
have
this
great
Trust
,
that
their
Birth
and
Breeding
,
and
Ranks
procure
for
them
,
under
the
Kings
Goodness
.
But
let
this
be
admitted
,
That
a
Counsellor
delivering
his
opinion
under
an
oath
of
Secresie
and
Faithfulness
at
Council-Table
Candidè
&
Caste
with
others
,
shall
upon
his
mistaking
,
or
not
knowing
of
the
Law
,
be
brought
into
question
,
and
every
word
that
passeth
from
him
,
out
of
a
sincere
and
noble
intention
,
shall
be
drawn
against
him
,
for
the
attainting
and
convicting
himself
,
his
Children
,
and
Posterity
;
under
favour
,
after
this
shall
be
so
,
he
doth
not
know
any
wise
and
noble
person
of
fortune
,
that
will
upon
such
perilous
and
unsafe
terms
,
adventure
to
be
a
Counsellor
to
the
King
:
and
therefore
if
their
Lordships
put
these
hard
strains
,
and
tortures
upon
those
that
are
the
Counsellors
of
State
to
His
Majesty
,
when
they
speak
nothing
but
according
to
their
Hearts
and
Consciences
,
(
for
we
that
are
not
of
the
profession
of
the
Law
,
are
not
bound
to
speak
the
Law
,
we
can
tell
what
in
our
Hearts
and
Consciences
we
conceive
Honourable
and
Just
,
but
what
's
legal
,
is
another
mans
business
.
)
This
shall
disable
their
Lordships
from
those
great
Imployments
,
to
which
their
Birth
and
Thoughts
do
breed
them
,
and
make
them
more
uncapable
than
any
other
inferior
Subjects
:
And
therefore
he
beseeches
their
Lordships
to
look
on
him
so
,
that
his
misfortune
may
not
bring
an
inconvenience
upon
themselves
.
And
so
he
besought
their
Lordships
to
pardon
what
he
had
said
,
with
a
great
deal
of
disorder
,
and
if
their
Lordships
take
him
into
consideration
,
they
will
find
that
nothing
hath
appeared
in
him
,
but
what
is
Honest
,
Just
,
and
Faithful
to
King
and
People
;
though
they
were
not
so
advised
and
discreet
,
and
well
weighed
as
they
ought
to
be
,
yet
he
hoped
their
Lordships
are
so
Honourable
and
Good
,
as
not
to
lay
their
charge
to
him
as
High
Treason
.
To
the
24th
Article
,
he
said
he
made
no
Answer
,
there
being
nothing
spoken
to
it
;
And
so
he
concluded
his
Defence
to
these
Articles
.
Mr.
Whitlock
did
thereunto
Reply
in
substance
as
followeth
.
That
their
Lordships
have
heard
with
a
great
deal
of
patience
,
this
My
Lord
is
pleased
to
make
it
his
suit
,
that
their
Lordships
will
not
be
guided
by
enforcement
of
words
against
him
,
but
by
the
words
themselves
;
and
that
Mr.
Whitlock
desired
likewise
,
presuming
that
their
Lordships
will
not
be
guided
by
my
Lord
of
Straffords
interpretation
of
these
words
to
another
sence
,
than
the
words
bear
,
but
judge
according
to
the
clear
understanding
,
and
common
signification
of
them
,
further
than
which
he
will
not
strain
them
.
Whereas
my
Lord
excuses
his
words
,
that
the
Demands
by
the
Scotch
in
their
Parliament
,
were
a
sufficient
ground
of
War
,
because
he
gave
no
other
opinion
than
the
rest
of
the
Council
then
did
;
their
Lordships
may
be
pleased
to
observe
,
That
my
Lord
Traquair
testifies
,
that
some
of
the
Council
wereof
another
opinion
at
that
time
,
and
that
these
words
were
spoken
before
the
reason
of
those
Demands
were
given
;
and
that
there
was
a
clear
difference
betwixt
my
Lord
of
Straffords
advice
,
and
the
advice
of
the
rest
:
It
is
evident
by
the
opinion
delivered
by
him
long
before
that
time
in
sentencing
of
Mr.
Stuart
in
Ireland
,
where
,
after
the
pacification
,
he
was
pleased
to
call
the
Scots
Rebels
and
Traitors
,
and
that
he
would
root
them
out
Stock
and
Branch
that
took
not
the
Oath
;
And
he
said
in
his
Answer
,
That
when
he
came
out
of
Ireland
into
England
,
he
found
the
affairs
of
Scotland
so
distempered
,
that
he
thought
fit
to
reduce
the
Kings
Subjects
there
by
force
.
His
Lordship
says
,
That
if
the
Demands
struck
at
the
root
of
Government
,
then
it
was
fit
to
say
,
they
should
be
reduced
by
force
;
But
the
words
were
spoken
before
the
reasons
of
the
Demands
were
known
,
and
before
he
could
know
how
they
could
be
warranted
by
the
Laws
of
that
Kingdom
;
and
it
is
part
of
the
Charge
of
the
House
of
Commons
,
That
he
said
They
struck
at
the
root
of
Government
,
which
it
appears
they
did
not
;
for
those
very
Demands
,
against
which
my
Lord
of
Strafford
delivered
his
opinion
,
are
since
enacted
by
the
Parliament
of
Scotland
,
and
confirmed
by
His
Majesties
Royal
Authority
in
the
Treaty
,
which
is
very
well
known
to
divers
of
their
Lordships
sitting
here
.
My
Lord
sayes
,
It
was
first
resolved
a
War
should
be
had
;
and
then
,
for
him
to
debate
,
Whether
an
Offensive
or
Defensive
War
,
is
no
Crime
:
but
,
that
receives
a
clear
Answer
;
for
,
it
was
his
Resolution
,
his
Advice
,
That
there
should
be
a
War
,
and
an
Offensive
War
;
which
shewes
his
Design
against
the
Kingdom
of
Scotland
.
My
Lord
labours
to
prove
,
That
the
seising
of
the
Scotch
Ships
was
not
by
his
Warrant
,
but
by
Warrants
otherwise
procured
.
That
was
not
insisted
on
in
the
Charge
,
and
therefore
they
will
not
insist
upon
it
in
the
Reply
,
there
is
enough
besides
.
My
Lord
is
further
pleased
to
say
,
That
there
is
no
substantial
or
concluding
proofe
of
his
intent
,
that
the
Parliament
should
be
only
called
,
to
try
whether
there
would
be
supply
given
or
no
;
and
,
that
is
only
deposed
by
my
Lord
Primate
,
a
single
Testimony
:
But
,
my
Lord
Primate
concurs
with
others
,
in
the
same
sence
and
meaning
.
To
my
Lord
Conwayes
Testimony
,
my
Lord
sayes
,
That
,
for
the
King
to
help
Himself
,
is
a
Natural
Motion
,
and
proper
to
every
one
:
But
,
the
other
words
of
my
Lord
Conwayes
Testimony
,
That
the
King
might
help
and
supply
Himself
,
though
it
were
against
the
will
of
His
Subjects
,
must
be
understood
,
not
of
a
Natural
,
but
a
violent
motion
,
and
it
appears
to
be
my
Lord
of
Straffords
Design
to
have
it
so
.
He
comes
to
the
Testimony
of
my
Lord
Treasurer
,
and
sayes
,
That
doth
not
at
all
touch
him
,
that
he
promised
to
assist
the
King
in
any
other
way
,
in
case
the
Parliament
did
not
succeed
.
But
,
this
proves
his
intent
,
That
if
the
Parliament
were
dissolved
(
as
he
was
willing
it
should
,
as
it
will
afterwards
appear
)
he
would
assist
the
King
in
any
other
way
whatsoever
:
He
took
a
good
Pattern
,
Stare
super
vias
antiquas
,
and
we
shall
prove
that
too
;
but
,
this
was
not
via
antiqua
of
Parliaments
,
to
propose
Supplies
in
the
first
place
,
and
to
put
off
consideration
of
grievances
,
to
urge
nothing
but
to
give
to
the
King
;
and
,
before
a
Resolution
,
whether
they
would
give
or
not
,
to
informe
against
the
Parliament
by
Misinformation
.
My
Lord
mentions
the
Declaration
of
the
House
of
Commons
in
Ireland
,
concerning
the
giving
of
Four
Subsidies
for
the
Kings
supply
of
the
War
with
Scotland
,
which
is
in
the
Charge
,
but
was
not
insisted
upon
;
But
,
by
shewing
this
,
my
Lord
of
Strafford
hath
procured
that
which
is
likewise
in
the
Charge
,
That
the
Parliament
of
Ireland
did
engage
themselves
in
the
War
against
Scotland
,
and
by
the
Preamble
of
his
Answer
,
This
was
in
my
Lord
of
Straffords
Knowledge
,
and
may
be
easily
proved
to
be
by
his
Procurement
,
being
the
Chief
Governor
there
.
He
sayes
,
That
had
he
ever
entertained
such
thought
,
as
the
words
proved
,
import
,
he
should
give
Judgment
against
himself
:
But
,
as
no
mans
thoughts
can
be
proved
but
by
his
words
and
actions
,
so
the
words
proved
do
manifest
,
that
his
thoughts
were
no
other
,
and
shew
clearly
his
intention
,
to
bring
in
an
Army
on
us
to
reduce
this
Kingdom
.
My
Lord
calls
Sir
Robert
Kings
Testimony
a
Report
on
a
Report
;
and
,
sayes
the
like
of
the
Testimony
of
my
Lord
Ranalagh
,
which
shall
be
answered
,
when
he
comes
to
lay
the
whole
matter
together
,
according
to
the
course
of
opening
the
Articles
.
Diverse
Witnesses
his
Lordship
produces
,
to
prove
,
that
the
8000
Foot
raised
in
Ireland
,
were
designed
for
Scotland
,
and
particularly
for
the
Town
of
Aire
,
which
is
very
improbable
;
for
that
Town
(
as
was
informed
,
and
will
be
proved
)
was
,
at
that
time
,
very
well
fortified
;
and
the
Coasts
thereof
,
and
the
Haven
so
barred
,
and
narrow
,
that
one
of
my
Lord
of
Straffords
own
Witnesses
says
,
there
could
be
no
probability
of
Landing
an
Army
there
:
The
like
may
be
said
of
the
Frith
of
Dunbarton
,
that
was
Fortified
long
before
.
And
,
if
their
Lordships
repair
to
some
part
of
my
Lord
of
Straffords
Answer
,
where
he
sayes
,
they
were
to
be
landed
in
some
places
near
the
Country
of
my
Lord
of
Argile
,
to
divert
him
:
These
places
are
so
far
from
his
Country
,
and
such
Armes
of
the
Sea
,
and
unpassable
Mountains
are
interposed
,
that
they
could
not
be
landed
there
with
any
intention
to
go
to
Argyles
Country
.
But
,
admit
there
were
a
primary
intention
of
this
Army
in
some
part
of
Scotland
,
the
Witnesses
speak
onely
to
what
was
intended
before
the
Army
was
raised
;
But
,
when
the
Army
was
on
foot
,
my
Lord
of
Straffords
intention
might
be
changed
,
and
it
seems
it
was
;
for
he
laboured
to
perswade
His
Majesty
,
to
make
use
of
it
to
reduce
this
Kingdom
.
He
sayes
,
The
Testimony
touching
Sir
George
Wentworths
words
is
single
,
and
spoken
by
his
Brother
,
and
could
not
reach
him
;
but
,
though
one
Witness
testifies
the
words
,
yet
it
may
be
made
appear
to
their
Lordships
,
that
presently
after
the
words
spoken
,
Sir
Tho.
Barrington
related
them
to
other
Gentlemen
,
who
are
ready
to
testifie
,
that
he
so
related
them
.
But
,
their
Lordships
seeming
satisfied
in
that
point
,
directed
him
to
proceed
.
Next
my
Lord
Discourses
of
my
Lord
of
Bristols
Testimony
,
and
the
differences
of
opinion
between
them
,
touching
the
summoning
of
a
Parliament
.
But
,
my
Lord
of
Bristol
proves
the
following
words
,
That
the
King
was
not
to
suffer
himself
to
be
mastered
by
the
frowardness
of
His
People
,
&c.
and
,
to
these
,
no
Answer
is
given
.
To
which
,
Mr.
Whitlock
said
,
he
would
further
answer
in
the
General
Reply
;
And
so
for
the
words
proved
by
my
Lord
of
Newbrough
,
my
Lord
of
Holland
,
and
diverse
other
Noble
Lords
of
this
House
.
My
Lord
of
Strafford
was
pleased
to
mention
the
Statute
of
1
E.
6.
ca.
12.
where
,
to
compass
by
Preaching
,
or
saying
,
to
deprive
the
King
is
not
for
the
first
offence
Treason
,
though
words
of
a
more
transcendent
and
high
nature
;
and
hence
he
inferr'd
,
that
the
words
charged
on
him
are
not
Treason
.
But
that
Statute
is
onely
of
Treasons
spoken
of
the
King
,
but
not
of
Words
and
Counsels
,
that
advise
the
thing
to
be
done
;
And
,
there
is
no
Question
,
but
at
this
day
,
for
any
man
to
Advise
and
Counsel
the
Destruction
of
the
King
,
is
High-Treason
,
notwithstanding
that
Statute
.
These
words
charged
on
my
Lord
,
are
a
Declaration
of
his
intention
,
to
subvert
the
Laws
and
Government
of
the
Kingdom
,
and
,
the
use
made
of
the
words
,
is
not
,
that
they
are
in
themselves
Treason
,
but
as
they
prove
that
intention
.
But
,
this
is
the
work
of
another
time
,
being
matter
of
Law
,
and
therefore
Mr.
Whitlock
said
,
he
would
say
no
more
to
it
now
,
neither
doth
it
require
his
Answer
,
nor
is
it
at
all
to
this
business
.
My
Lord
did
much
insist
on
it
,
that
there
was
no
mention
by
any
of
the
Lords
that
were
of
the
Committee
for
the
Scotch
Affairs
,
concerning
the
words
of
bringing
the
Army
out
of
Ireland
,
to
reduce
this
Kingdom
,
diverse
of
their
Lordships
being
to
that
point
examined
:
But
,
Mr.
Treasurer
Swears
in
the
Affirmative
,
he
heard
the
words
spoken
;
and
,
when
they
come
to
sum
up
the
rest
of
these
words
,
and
applying
them
to
this
,
shew
the
dependance
they
have
one
upon
another
,
their
Lordships
will
see
plainly
,
that
must
be
his
intention
,
and
that
there
could
be
no
other
interpretation
of
his
words
:
It
is
possible
,
for
some
that
were
at
the
Council
,
not
to
hear
the
words
,
and
yet
that
disproves
not
a
Witness
,
that
sayes
in
the
Affirmative
,
he
did
hear
the
words
.
And
,
though
some
of
my
Lords
do
not
remember
some
other
passages
,
as
,
That
His
Majesty
was
loose
,
and
absolved
from
all
Rules
of
Government
,
yet
that
is
proved
by
two
Witnesses
;
and
,
though
the
rest
remember
them
not
,
yet
that
stands
clearly
proved
.
Other
things
,
which
some
of
their
Lordships
did
not
remember
,
were
proved
by
three
Witnesses
:
Whence
it
may
be
deduced
,
that
,
what
Mr.
Treasurer
deposes
is
to
be
believed
,
though
some
of
my
Lords
that
were
present
did
not
remember
it
.
By
making
a
sum
and
Collection
of
the
words
,
and
comparing
one
with
another
,
it
will
appear
very
clear
,
that
my
Lord
of
Straffords
intention
was
,
to
bring
in
that
Army
to
reduce
this
Kingdom
.
And
first
,
their
Lordships
will
remember
the
words
that
passed
betwixt
Sir
George
Rateliffe
,
and
Sir
Robert
King
;
and
,
the
Relation
between
my
Lord
of
Strafford
and
Sir
George
Ratcliffe
;
And
,
before
my
Lord
of
Strafford
came
out
of
Ireland
,
he
gave
direction
to
Sir
George
Ratcliffe
;
and
afterwards
,
on
a
Discourse
,
Sir
Robert
saying
,
how
my
Lord
of
Strafford
,
and
how
the
said
Sir
George
Ratcliffe
had
least
cause
to
desire
a
War
;
Sir
George
replyed
,
We
are
ingaged
(
not
himself
onely
)
but
We
(
speaking
of
my
Lord
of
Strafford
)
are
ingaged
in
a
War
:
and
,
Sir
George
sayes
further
,
that
the
King
hath
30000
Men
,
and
400000
l.
in
his
Purse
,
and
a
Sword
by
His
Side
,
and
if
he
wanted
Money
,
who
would
pity
Him
?
which
cannot
be
intended
but
by
raising
of
Money
on
the
Subjects
of
England
.
But
besides
,
their
Lordships
may
remember
the
expression
of
my
Lord
Ranalaugh
,
and
Sir
Robert
King
,
that
these
Forces
were
intended
to
be
used
for
raising
Moneys
here
;
and
,
that
my
Lord
of
Strafford
offers
to
sell
his
Land
in
Ireland
.
Besides
,
his
Brother
said
,
the
Commonwealth
is
sick
of
Peace
,
and
would
not
be
well
till
it
was
Conquer'd
again
,
which
must
imply
Force
,
and
an
Army
to
do
it
.
It
is
a
Proof
of
my
Lord
of
Straffords
intention
,
that
a
Parliament
should
be
summon'd
to
give
Supply
,
and
,
if
not
,
that
then
it
should
be
Dissolved
,
and
other
Courses
should
be
taken
;
My
Lord
Primates
Deposition
is
,
that
,
in
case
of
necessity
,
His
Majesty
might
use
His
Prerogative
,
might
levy
what
he
needed
,
only
first
it
was
fit
to
try
the
Parliament
,
and
,
if
that
succeeded
not
,
then
to
use
his
Prerogative
as
he
pleases
.
My
Lord
Conway
proves
the
same
Intention
;
my
Lord
of
Strafford
saying
to
him
,
That
if
the
Parliament
supplied
not
the
King
,
His
Majesty
And
Mr.
Treasurer
proves
,
that
my
Lord
would
be
ready
to
serve
the
King
any
other
way
;
that
is
,
by
Force
,
by
Armes
,
or
any
way
whatsoever
.
Their
Lordships
may
remember
his
words
to
His
Majesty
,
That
the
Parliament
had
denyed
to
supply
Him
;
that
they
had
forsaken
Him
;
which
was
onely
to
incense
His
Majesty
against
Parliaments
.
He
told
my
Lord
of
Bristol
,
in
that
Discourse
with
him
,
that
His
Majesty
was
not
to
suffer
Himself
to
be
Mastered
with
the
frowardness
and
undutifulness
of
His
People
:
and
,
if
His
Majesty
was
not
to
suffer
Himself
to
be
Mastered
by
them
,
but
to
Master
them
,
it
cannot
be
,
but
by
strength
of
others
.
My
Lord
of
Holland
proves
more
fully
(
and
my
Lord
of
Newbrough
concurs
with
him
)
that
His
Majesty
had
an
Advantage
,
to
supply
Himself
other
wayes
,
because
the
Parliament
had
denyed
to
supply
Him
:
And
there
be
no
other
wayes
(
save
Parliament-wayes
)
but
extraordinary
,
and
illegal
wayes
.
My
Lord
of
Strafford
hath
much
laboured
,
to
answer
and
qualifie
the
last
words
,
but
he
comes
short
of
it
;
And
those
words
are
as
fearful
,
and
of
as
high
a
nature
,
as
can
be
expressed
by
a
Subject
,
and
by
a
Counsellor
to
his
Soveraign
.
The
first
part
of
the
said
last
words
,
are
clearly
proved
by
the
Testimony
of
my
Lord
of
Northumberland
and
Mr.
Treasurer
,
That
the
King
had
tryed
His
People
,
and
was
Absolved
from
all
Rules
of
Government
:
That
He
was
to
do
all
that
Power
would
admit
,
that
he
had
tryed
all
wayes
and
was
refused
,
and
should
be
acquitted
before
God
and
men
.
The
latter
part
Mr.
Treasurer
onely
reaches
to
,
that
His
Majesty
had
an
Army
in
Ireland
,
which
He
might
imploy
to
reduce
this
Kingdom
:
and
comparing
these
words
with
the
former
,
if
the
King
be
absolved
from
all
Rules
of
Government
,
Which
way
can
that
Power
be
used
,
but
by
bringing
in
an
Army
,
the
latter
words
being
dependant
and
consequent
to
the
former
?
and
,
if
they
be
compared
together
,
and
sum'd
up
,
their
Lordships
will
be
satisfied
,
that
this
was
the
intention
of
my
Lord
of
Strafford
,
to
bring
an
Army
out
of
Ireland
into
this
Kingdom
to
reduce
it
,
and
that
his
purpose
was
,
by
a
strong
hand
,
to
compel
the
Subjects
of
the
Kingdom
,
to
submit
to
an
Arbitrary
Power
,
and
whatsoever
should
be
imposed
on
them
.
And
whereas
my
Lord
makes
it
a
great
part
of
his
excuse
,
that
nothing
was
executed
,
upon
this
Counsel
,
we
must
give
humble
thanks
to
His
Majesty
,
for
if
his
Counsel
might
have
taken
place
,
no
doubt
but
that
had
been
done
,
which
was
laboured
and
advised
to
be
done
;
But
a
Gracious
Sovereign
would
not
take
hold
on
those
Counsels
,
but
rejected
them
,
as
to
that
,
though
so
much
was
done
on
other
Counsels
,
and
Misinformations
of
my
Lord
of
Strafford
,
as
my
Lord
of
Strafford
will
never
be
able
to
justifie
.
That
nothing
is
done
,
is
no
excuse
to
him
,
It
is
an
Obligation
to
the
Kings
Subjects
,
the
more
to
Love
and
Honor
him
;
But
,
it
shews
clearly
,
my
Lord
of
Straffords
intention
,
if
it
might
have
taken
place
,
to
have
changed
the
Lawes
,
to
have
brought
an
Army
upon
us
,
and
,
by
them
,
Compel
us
to
submit
to
an
Arbitrary
Power
.
And
,
so
Mr.
Whitlock
concluded
,
that
he
should
trouble
their
Lordships
no
further
at
this
time
,
having
answered
most
of
the
things
my
Lord
of
Strafford
hath
insisted
on
,
and
if
he
hath
forgotten
them
,
he
hopes
he
shall
be
holpen
by
some
of
his
Colleagues
;
But
,
he
supposes
,
it
appeares
clearly
,
that
my
Lord
of
Straffords
intentions
were
,
to
subvert
the
Laws
,
to
set
a
Division
betwixt
the
King
and
His
People
;
and
,
though
His
Lordship
is
pleased
to
make
something
slight
of
it
,
as
not
to
be
matter
of
Treason
;
yet
,
this
compared
with
his
other
Actions
,
declaring
his
Intention
and
Designs
,
it
proves
it
not
onely
to
be
Crimen
laesae
Majestatis
,
but
also
Reipublicae
.
Mr.
Maynard
seconded
Mr.
Whitlock
and
said
,
That
something
he
should
if
the
Demands
were
unreasonable
,
then
a
War
was
fit
.
But
,
in
two
Propositions
he
was
a
lone
;
First
,
That
before
the
Reasons
were
heard
,
the
unreasonable
Demands
of
Subjects
in
Parliament
,
were
a
sufficient
ground
for
the
King
,
to
put
Himself
into
a
Posture
of
War
;
And
Secondly
,
That
these
Demands
were
not
matter
of
Religion
,
but
struck
at
the
Root
of
Government
.
And
,
when
he
Answers
that
Point
,
he
takes
it
for
granted
,
That
if
he
sayes
they
struck
at
the
Root
of
Government
,
the
Resolution
was
just
.
In
his
Defence
,
he
insists
upon
two
things
,
matter
of
Excuse
,
and
matter
of
weakning
of
the
Testimonies
produced
.
For
the
matter
of
Excuse
,
of
what
he
said
to
the
King
in
private
,
it
was
testified
onely
by
one
,
who
was
then
present
,
and
at
other
times
in
Council
,
viz.
That
there
would
be
no
happiness
till
there
was
a
good
Agreement
betwixt
King
and
People
.
Whence
Mr.
Maynard
observed
,
That
they
think
not
,
that
all
he
spake
is
nought
;
but
,
they
produce
Proofes
,
that
he
did
speak
nought
;
they
think
him
not
so
unwise
upon
all
occasions
,
to
speak
words
of
so
high
a
Consequence
:
He
hath
taken
another
course
to
weaken
their
Testimonies
;
and
,
nothing
is
so
strong
,
but
(
if
that
course
be
allowed
that
he
uses
)
it
will
take
off
the
strength
of
it
.
Mr.
Maynard
said
,
He
hath
heard
of
breaking
a
thing
to
pieces
,
by
taking
to
pieces
,
and
if
my
Lord
of
Strafford
shall
take
every
parcel
of
the
proof
,
and
say
this
is
a
single
Testimony
,
This
is
matter
of
discourse
;
This
I
speak
at
my
Table
;
This
in
my
Chamber
;
taking
them
asunder
,
he
may
answer
them
asunder
:
But
if
he
hath
in
his
Chamber
,
and
at
Counsel
,
and
in
Bed
,
and
on
all
occasions
presumed
to
run
so
high
on
the
Liberty
of
the
Subject
,
and
then
think
,
that
because
he
speaks
sometimes
good
words
,
all
must
be
paistered
up
;
he
must
give
us
leave
to
differ
from
him
in
that
.
The
Witnesses
say
he
spake
the
words
Candidè
&
Castè
,
some
speak
to
the
occasion
,
most
say
they
were
spoken
at
several
times
,
both
before
and
after
the
Parliament
,
and
if
they
must
be
applyed
only
to
what
is
lawful
,
what
need
these
Adverbs
to
make
it
good
?
Truly
he
may
say
it
was
done
Cautè
,
it
was
not
done
Castè
in
this
Cause
.
For
that
my
Lord
hath
said
,
divers
Witnesses
were
by
,
and
heard
not
the
words
deposed
by
Mr.
Treasurer
,
What
Argument
is
this
?
That
when
divers
are
by
,
that
which
divers
do
not
remember
is
not
true
?
My
Lord
confesses
himself
sometimes
,
that
Witnesses
do
not
remember
all
things
,
therefore
it
may
be
true
,
that
something
may
be
spoken
,
which
Witnesses
remember
not
,
else
he
confesses
against
himself
which
is
not
true
.
There
be
other
things
wherein
the
Witnesses
do
concurr
,
and
that
my
Lord
speaks
not
to
,
though
he
speaks
to
that
which
my
Lord
of
Northumberland
and
the
rest
do
not
remember
:
and
therefore
it
is
no
argument
to
say
,
some
were
by
and
heard
not
what
was
spoken
.
The
sum
of
the
Case
will
come
to
this
,
There
was
a
Parliament
sitting
,
he
a
little
before
casts
out
words
,
about
raising
Money
,
where
he
must
have
Adverbs
to
make
it
good
;
he
must
raise
Money
in
an
extraordinary
way
,
the
Parliament
is
broken
,
and
a
necessity
is
made
,
and
Soldiers
must
be
brought
in
,
to
make
good
these
ways
:
now
take
these
asunder
,
and
my
Lord
of
Strafford
will
make
it
a
good
Action
;
But
as
Mr.
Maynard
shewed
,
they
conceive
all
my
Lord
of
Strafford
hath
done
,
ended
in
that
design
;
he
began
it
before
he
came
over
;
and
though
they
believe
His
Majesty
designed
it
for
Scotland
,
they
speak
not
what
His
Majesty
meant
,
but
what
my
Lord
of
Strafford
counselled
,
that
is
the
thing
he
is
charged
with
.
And
whereas
his
friends
,
and
those
nearest
him
,
spoke
of
this
Fire
that
hath
burst
out
,
he
sayes
,
this
concerns
him
not
;
Indeed
he
is
very
unhappy
,
if
his
Brother
,
or
bosome
friend
must
be
the
man
that
must
accuse
him
.
But
Noscitur
ex
Comite
qui
non
cognoscitur
ex
se.
It
comes
out
of
his
own
mouth
,
and
his
friends
expressions
.
When
Sir
George
Ratcliffe
is
asked
how
Money
will
be
had
?
He
Answered
,
We
will
make
peace
with
the
Scots
,
and
that
is
the
worst
of
evils
.
Surely
,
he
that
thought
a
Peace
betwixt
the
two
Nations
the
worst
of
evils
,
deserves
not
the
applause
that
hath
been
given
him
in
this
place
;
And
if
that
comes
to
pass
,
this
must
have
relation
to
that
of
which
he
spake
,
which
is
the
levying
of
Money
by
force
,
the
King
hath
30000
Men
,
and
400000
l
in
his
Purse
,
and
a
Sword
by
his
side
,
and
if
he
wants
Money
,
who
would
pity
him
?
Lastly
,
My
Lord
of
Strafford
came
to
speak
of
their
Lordships
priviledge
,
that
if
words
spoken
in
Council
should
be
pressed
,
it
would
bring
a
disability
on
their
Noble
Lordships
,
to
enter
into
those
imployments
;
but
,
that
can
be
no
excuse
,
to
say
,
that
he
must
take
notice
of
things
honourable
;
and
,
for
every
thing
that
a
Man
speaks
at
Council
,
he
must
not
be
brought
into
Question
.
It
is
not
every
thing
,
nor
every
thing
that
is
illegal
,
that
is
brought
into
Question
;
But
,
if
he
advise
to
bring
an
Army
on
us
,
to
Master
all
we
have
,
and
he
must
not
be
questioned
,
Where
then
are
their
Lordships
Priviledges
?
and
,
Who
knows
how
soon
there
may
be
no
difference
betwixt
a
Peer
and
another
?
In
all
this
Defence
,
my
Lord
of
Strafford
hath
not
offered
any
Defence
for
the
Scandal
which
he
put
upon
the
last
Parliament
;
which
,
to
the
last
breath
,
to
the
last
minute
of
their
Continuance
,
did
advise
and
consult
of
the
Supply
of
His
Majesty
:
yet
,
he
calls
this
,
a
denying
of
the
King
;
a
forsaking
of
the
King
;
an
undutiful
stubborness
;
and
,
what
else
his
high
Speech
and
Eloquence
pleases
,
to
misconstrue
their
Actions
with
.
To
that
Stat.
1
E.
6.
Mr.
Maynard
said
,
He
shall
not
need
to
give
any
The
Treason
is
not
in
his
words
,
but
in
his
wicked
Counsels
:
For
(
under
favor
)
if
it
be
true
that
he
spake
them
,
they
may
be
called
wicked
;
and
,
that
it
is
true
,
they
have
offered
proof
,
and
so
he
left
it
to
their
Lordships
.
Mr.
Glyn
desired
to
add
a
word
,
it
concerning
the
Kingdom
and
Peers
;
But
,
this
dayes
work
is
to
prove
,
That
he
ascended
the
Throne
,
and
,
by
his
ill
Counsels
,
the
Venome
he
had
hatcht
in
his
own
heart
,
he
endeavored
to
infuse
into
the
Kings
Person
,
to
make
Him
of
the
same
opinion
with
himself
;
and
that
is
to
endeavor
to
corrupt
the
Fountain
;
But
,
God
be
thanked
he
hath
met
with
a
Gracious
King
,
upon
whom
he
cannot
prevaile
.
The
words
laid
to
his
Charge
,
are
very
many
;
That
he
should
tell
the
King
,
he
was
Absolved
from
all
Rules
of
Government
,
and
,
that
he
had
an
Army
in
Ireland
,
which
he
might
employ
to
reduce
this
Kingdom
:
The
latter
part
of
the
words
he
hath
endeavoured
to
answer
,
and
the
former
part
proved
by
positive
Witnesses
,
which
he
hath
not
given
answer
to
.
For
the
latter
,
that
concerns
the
Irish
Army
,
Mr.
Glynn
said
,
He
shall
not
need
to
put
their
Lordships
in
mind
of
any
thing
said
;
but
whereas
my
Lord
sayes
,
They
are
proved
by
one
Witness
only
,
if
your
Lordships
revise
their
Notes
,
they
shall
find
them
prov'd
by
many
Witnesses
.
When
he
was
not
accused
by
the
Commons
,
he
tells
Sir
William
Pennyman
at
York
,
he
did
intend
to
bring
the
Army
into
England
,
but
there
was
Vox
populi
,
and
that
's
a
horrid
Witness
.
My
Lord
Cottington
,
one
of
the
Honourable
persons
present
,
when
the
words
were
spoken
,
testifies
to
their
Lordships
,
That
he
remembers
my
Lord
of
Strafford
told
the
King
,
That
after
things
were
setled
,
he
was
bound
to
repair
the
property
of
the
Subject
,
and
this
,
under
favour
,
proves
something
;
for
if
some
Counsel
and
advice
were
not
given
,
that
there
should
be
an
invasion
on
the
property
,
what
should
engage
him
to
tell
the
King
,
he
should
restore
it
?
Here
my
Lord
Cottington
explained
himself
,
saying
,
That
his
meaning
Mr.
Glynn
proeceded
,
that
if
their
Lordships
please
to
look
on
my
Lord
of
Your
Lordships
remember
the
words
of
Sir
George
Wentworth
,
(
which
Mr.
Glynn
said
he
will
not
repeat
)
and
when
my
Lord
was
fixed
by
the
words
of
his
Brother
,
he
said
,
That
tho
he
be
my
Brother
,
I
do
not
use
to
communicate
my
Counsels
to
him
,
and
that
I
am
on
my
oath
to
conceal
;
yet
this
great
Counsel
he
did
impart
to
Mr.
Slingsby
for
his
own
purpose
,
and
to
Sir
William
Pennyman
.
And
so
having
spoken
to
the
latter
part
of
the
words
,
(
the
reducing
of
the
Subjects
of
England
by
the
Irish
Army
)
to
shew
that
it
stands
not
only
on
a
single
proof
,
but
if
the
whole
be
recollected
together
,
there
be
many
things
concurring
to
the
positive
proof
thereof
.
Mr.
Glynn
put
their
Lordships
in
mind
of
the
other
words
,
to
which
two
great
Witnesses
concurr
,
and
no
Answer
at
all
is
given
,
viz.
That
the
Parliament
denyed
Supply
,
and
the
King
is
loose
,
and
absolved
from
all
rules
of
Government
;
put
the
other
words
out
of
doors
(
as
they
are
not
)
if
the
King
be
loose
from
all
rules
of
Government
,
is
he
not
loose
to
doe
what
he
will
?
And
Mr.
Glynn
added
,
That
he
must
needs
give
Answer
to
something
,
that
fell
from
my
Lord
,
concerning
other
words
,
that
they
were
words
of
Discourse
,
and
what
he
speaks
at
his
Bed
,
or
his
Table
,
or
in
private
Discourse
,
he
thinks
they
should
not
be
brought
against
him
.
But
Mr.
Glynn
besought
their
Lordships
to
remember
,
that
if
my
Lord
speaks
the
words
as
a
Privy
Counsellor
speaking
to
the
King
,
concerning
the
Subjects
property
,
compare
these
words
with
the
other
Extermination
,
and
then
see
what
the
Case
is
.
The
last
thing
in
his
Defence
,
is
as
high
as
the
Charge
it self
.
He
is
charged
,
That
being
a
Privy
Counsellor
,
and
entrusted
by
the
King
,
and
a
man
of
such
Eminence
,
he
should
indeavour
to
infuse
into
the
Kings
Sacred
Person
,
such
dangerous
Counsels
,
tending
to
the
destruction
of
the
Law
and
Government
,
and
consequently
of
King
and
Subject
;
And
in
the
close
,
my
Lord
of
Strafford
put
their
Lordships
in
mind
,
what
a
dangerous
thing
it
is
for
one
of
the
Kings
Counsel
,
to
be
charged
for
Words
spoken
at
Council-Table
,
to
speak
this
in
such
a
Presence
before
the
Peers
,
and
Commons
of
the
Realm
;
that
a
Privy
Counsellor
,
who
ought
to
be
clear
and
candid
,
is
not
to
be
questioned
,
though
he
infuse
dangerous
Counsels
.
That
it
is
justification
of
his
own
Act
,
and
so
great
,
that
he
knows
not
how
my
Lord
could
say
greater
;
and
so
he
said
,
he
hath
no
more
to
say
,
their
Lordships
had
heard
the
Proofs
and
Defence
,
and
comparing
them
together
,
he
doubts
not
but
their
Lordships
are
satisfied
,
that
the
Commons
had
just
cause
to
do
what
they
have
done
.
My
L
of
Strafford
desired
to
answer
one
thing
,
the
Gentleman
that
spake
last
,
said
,
touching
his
revealing
the
Kings
Counsels
to
Mr.
Slingsby
and
others
;
he
would
be
loth
to
be
charged
with
breaking
his
Duty
to
God
and
the
King
,
but
where
he
hath
Power
and
Liberty
;
for
as
concerning
the
imployment
of
that
Army
,
the
King
left
it
wholly
to
him
,
to
acquaint
whom
he
thought
fit
,
for
the
bettering
of
the
service
.
But
the
thing
that
makes
him
rise
,
is
,
to
represent
to
their
Lordships
,
that
he
hath
been
there
constantly
in
a
great
deal
of
weakness
and
infirmity
,
since
7
or
8
of
the
clock
,
and
now
it
is
5.
That
his
Speech
and
Voice
are
spent
,
and
it
is
not
possible
for
him
to
come
here
to
morrow
;
and
therefore
he
most
humbly
besought
their
Lordships
,
to
give
him
the
respit
of
a
day
,
to
restore
his
litle
strength
it
shall
please
God
to
lend
him
,
for
he
is
not
able
to
speak
or
stand
.
Which
the
Committee
for
the
Commons
House
said
,
they
should
not
oppose
,
if
it
stand
with
their
Lordships
pleasure
.
Mr.
Pym
did
only
add
this
,
That
if
their
Lordships
please
to
observe
And
so
the
House
was
Adjourned
,
and
appointed
to
meet
again
on
Wednesday
next
.
THE
Five
and
Twentieth
Article
.
The
Charge
.
25
THat
not
long
after
the
Dissolution
of
the
said
last
Parliament
,
in
the
months
of
May
and
June
)
he
the
Earl
of
Strafford
,
did
advise
the
King
to
go
on
vigorously
in
levying
the
Ship-Money
,
and
did
procure
the
Sheriffs
of
several
Counties
to
be
sent
for
,
for
not
levying
the
Ship-Money
,
divers
of
which
were
threatened
by
him
,
to
be
sued
in
the
Star-Chamber
,
and
afterwards
by
his
Advice
,
they
were
sued
in
the
Star-Chamber
,
for
not
levying
the
same
,
and
divers
of
His
Majesties
loving
Subjects
were
sent
for
and
imprisoned
by
his
advice
,
for
that
and
other
illegal
payments
.
And
a
great
Loan
of
One
hundred
thousand
pounds
was
demanded
of
the
City
of
London
,
and
the
Lord
Mayor
,
and
Sheriffs
,
and
Aldermen
of
the
said
City
,
were
often
sent
for
by
his
Advice
to
the
Council-Table
,
to
give
an
account
of
their
proceedings
in
raising
of
Ship-Money
,
and
furthering
of
that
Loan
,
and
were
required
to
certify
the
Names
of
such
Inhabitants
of
the
City
,
as
were
fit
to
lend
,
which
they
with
much
humility
refusing
to
doe
,
he
the
said
Earl
of
Strafford
did
use
these
,
and
the
like
speeches
,
viz.
That
they
deserved
to
be
put
to
Fine
and
Ransome
,
and
that
no
good
would
be
done
with
them
,
till
an
example
were
made
of
them
,
and
that
they
were
laid
by
the
heels
,
and
some
of
the
Aldermen
hanged
up
.
April
7.
1641.
Mr.
Maynard
proceeded
to
make
good
the
Charge
of
the
Commons
of
England
,
against
the
Earl
of
Strafford
,
touching
High
Treason
,
and
said
,
They
had
already
brought
it
so
high
,
as
they
must
needs
acknowledge
they
cannot
goe
higher
;
a
Design
being
laid
to
introduce
an
Arbitrary
Government
,
and
Counsels
given
to
maintain
that
,
and
to
introduce
it
by
force
.
They
can
goe
no
higher
,
unless
those
Counsels
had
unhappily
succeeded
;
but
though
those
Counsels
take
not
effect
,
yet
the
Principles
whereby
those
Counsels
were
given
,
appear
still
to
have
remained
.
AND
whereas
my
Lord
of
Strafford
having
these
things
proved
against
him
by
his
Speeches
,
Opinions
,
and
Counsels
,
pretends
there
was
no
such
thing
done
,
as
if
the
goodness
of
others
,
would
excuse
the
badness
of
his
Counsels
;
they
shall
shew
what
he
did
do
in
the
succeeding
Articles
:
And
in
the
25th
he
proceeds
,
First
,
to
advise
His
Majesty
to
go
on
vigorously
with
the
Ship-Money
,
he
procured
the
Sheriffs
to
be
sent
for
,
and
sued
in
the
Star-Chamber
;
he
sent
for
the
Mayor
and
Aldermen
,
about
the
loan
of
100000
l.
and
the
furtherance
of
Ship-money
;
and
were
told
by
him
,
That
they
deserved
to
be
put
to
Fine
and
Ransome
,
&c.
To
prove
the
25th
Article
.
The
Lord
Treasurer
of
England
being
Interrogated
,
What
Advice
my
His
Lordship
Answered
,
That
he
remembers
my
Lord
of
Strafford
did
advise
,
that
they
should
go
vigorously
and
effectually
on
with
the
getting
of
Ship-Money
;
he
takes
the
time
to
be
,
when
as
the
Ship-Money
came
in
very
slowly
,
and
they
were
enforced
to
take
out
of
these
Moneys
that
were
provided
,
for
the
furnishing
of
the
Army
,
divers
great
sums
to
set
out
a
Fleet
,
which
else
would
have
staied
still
;
and
my
Lord
of
Strafford
took
no
tice
,
That
if
it
were
not
repaied
,
the
Army
would
be
destitute
and
unfurnished
,
and
therefore
advised
as
formerly
,
That
the
Ship-Money
might
go
on
vigorously
,
and
the
other
Money
be
repaid
again
,
for
the
use
for
which
it
was
appointed
,
and
it
was
after
the
breach
of
the
last
Parliament
.
Tho.
Wiseman
Sworn
and
Interrogated
,
what
he
heard
my
Lord
of
Strafford
He
Answered
,
That
for
the
time
he
cannot
very
well
remember
,
and
touching
the
Loan
,
he
is
able
to
say
little
;
But
about
the
Ship-Money
,
he
doth
well
Remember
,
that
my
Lord
should
say
,
they
Being
asked
whether
there
were
not
words
of
laying
by
the
heels
,
and
what
the
words
were
?
He
Answered
,
He
should
not
fear
to
do
it
,
My
Lord
of
Strafford
did
say
(
Whether
on
the
Loan
or
Ship-Money
,
he
is
not
able
to
remember
)
You
should
doe
well
to
be
layed
by
the
heels
;
you
shall
have
no
good
of
this
man
till
he
be
laid
by
the
heels
,
and
he
(
the
Examinant
)
supposes
it
was
meant
of
my
Lord
Mayor
,
who
was
then
present
,
(
as
he
remembers
)
and
my
Lord
was
there
,
and
to
his
best
remembrance
,
His
Majesty
was
present
.
Earl
of
Barkshire
being
Sworn
and
Interrogated
,
What
my
Lord
of
Strafford
counselled
the
King
,
touching
the
said
matter
of
Loan
?
His
Lordship
Answered
,
That
he
remembers
His
Majesty
desired
to
borrow
a
sum
of
Money
,
and
to
give
good
security
for
it
,
and
Interest
per
cent
.
on
the
sum
.
That
the
Aldermen
were
sent
for
,
and
commanded
to
give
in
to
the
King
,
the
Names
of
those
Men
,
that
were
most
able
within
their
several
Wards
,
which
they
excusing
themselves
from
doing
;
my
Lord
of
Strafford
said
:
Gentlemen
,
in
my
opinion
,
you
may
be
lyable
to
Fine
and
Ransome
,
for
refusing
the
Kings
Command
on
this
occasion
,
for
not
certifying
the
Names
;
and
this
is
the
effect
of
what
he
spake
.
Sir
Henry
Garaway
being
Sworn
,
and
Interrogated
,
What
my
Lord
of
Strafford
said
to
the
Aldermen
,
about
the
Ship-Money
and
Loan-Money
?
He
Answered
,
That
as
he
was
Mayor
of
London
in
the
last
year
,
he
was
oftentimes
commanded
to
attend
the
Council-Table
,
with
Lord
Mayor
of
London
.
the
Sheriffs
of
London
;
when
they
came
about
the
Ship-Money
,
there
came
no
body
(
as
he
conceives
)
but
they
and
himself
;
but
when
they
came
concerning
the
Loan
,
the
whole
Court
of
Aldermen
came
together
.
Concerning
the
Ship-Money
,
he
confesses
he
found
a
great
difficulty
of
it
;
he
could
not
tell
which
way
to
turn
himself
to
levy
the
Money
,
to
give
the
King
satisfaction
;
He
acquainted
His
Majesty
,
That
there
were
these
difficulties
in
it
,
That
of
two
years
proceeding
,
not
one
halfe
of
the
City
of
London
had
paid
,
and
therefore
the
willing
men
that
had
paid
the
Money
,
thought
it
unequal
some
should
pay
,
and
some
go
free
.
And
Secondly
,
he
said
it
was
the
opinion
of
the
City
of
London
,
That
a
Writ
for
Ship-Money
,
and
a
Writ
for
a
Parliament
did
not
agree
well
together
,
and
for
these
reasons
he
found
it
very
difficult
:
they
were
called
up
,
and
hastened
both
in
the
Assessment
of
Collection
,
and
in
respect
they
found
every
man
adverse
to
it
;
the
business
had
not
that
progress
,
nor
speedy
execution
it
might
otherwise
have
had
,
and
as
it
had
in
former
times
.
And
when
he
had
told
His
Majesty
this
,
it
was
ill
taken
,
that
he
should
deal
so
plainly
,
because
he
did
discover
himself
clearly
and
freely
,
what
was
the
fruit
of
the
business
And
it
pleased
my
Lord
of
Strafford
,
then
in
the
presence
of
the
King
,
to
speak
,
Sir
,
you
will
never
do
good
on
this
man
,
till
you
have
made
him
an
example
,
he
is
too
Diffident
(
or
to
this
purpose
)
unless
you
commit
him
,
you
shall
do
no
good
upon
him
;
This
concerning
the
Ship-Money
.
Concerning
the
Loan-Money
,
when
they
came
with
the
Aldermen
together
,
he
(
the
Examinant
)
desired
he
might
be
call'd
in
singly
,
because
he
was
very
loath
(
knowing
the
humour
of
the
Court
of
Aldermen
,
how
they
stood
affected
)
that
they
should
give
the
King
a
negative
Answer
at
the
Board
,
and
it
pleased
His
Majesty
to
call
him
(
the
Examinant
)
in
singly
,
and
he
told
His
Majesty
in
his
hearing
at
that
time
,
That
there
was
no
good
to
be
done
,
for
amongst
all
the
Aldermen
,
he
could
not
yet
consent
to
raise
above
6
or
7000
pound
at
the
most
.
And
then
they
were
to
bring
in
out
of
every
of
the
several
Wards
,
the
Names
of
all
the
able
men
of
the
City
of
London
,
that
could
lend
Money
;
wherein
it
was
required
they
should
set
it
down
,
what
every
man
was
fit
to
lend
.
This
they
altogether
declined
,
for
we
thought
it
not
fit
we
should
rate
mens
purses
,
and
he
(
the
Examinant
himself
)
presented
the
Size-Cinque
,
the
Quater-tres
men
,
and
the
Deux-ace
men
,
according
to
their
qualities
,
but
set
a
rate
on
men
we
did
not
,
and
desired
His
Majesty
we
might
be
spared
.
Hereupon
my
Lord
of
Strafford
at
that
time
,
burst
out
into
these
words
,
Sir
,
You
will
never
do
good
to
these
Citizens
of
London
,
till
you
have
made
examples
of
some
of
the
Aldermen
;
This
to
his
best
remembrance
he
said
,
Unless
you
hang
up
some
of
them
,
you
will
doe
no
good
upon
them
.
This
is
the
substance
of
what
he
heard
.
Being
asked
whether
this
was
immediately
after
the
breach
of
the
Parliament
?
He
Answered
,
That
he
cannot
confine
himself
in
time
;
he
desired
to
be
spared
in
that
,
but
he
was
several
times
at
the
Council-Table
;
but
it
was
after
the
breaking
of
the
Parliament
.
My
Lord
of
Strafford
observing
,
that
Alderman
Garaway
spake
it
only
He
Answered
,
That
it
is
a
great
while
ago
,
and
he
did
hear
the
words
,
Being
asked
by
my
Lord
of
Strafford
,
whether
he
himself
spake
them
?
He
Answered
,
Yes
my
Lord
,
your
Lordship
did
speak
them
.
My
Lord
desiring
leave
to
recollect
himself
a
little
,
said
,
he
will
speak
with
as
much
truth
,
albeit
,
not
with
so
much
confidence
as
this
Gentleman
.
And
after
a
little
respite
,
he
began
his
Defence
as
followeth
.
The
Defendant
must
still
insist
on
this
ground
,
which
hitherto
he
hath
That
there
is
nothing
in
this
Article
,
that
can
possibly
convince
him
of
High-Treason
,
admit
it
all
proved
,
as
it
is
laid
down
in
the
Charge
;
he
hath
very
little
to
Answer
,
for
there
is
little
proved
,
the
greatest
part
is
offered
on
a
single
Testimony
,
which
as
he
hath
heretofore
mentioned
,
he
humbly
conceives
,
by
the
Laws
of
the
Land
,
cannot
be
charged
upon
him
in
case
of
Treason
;
for
nothing
can
be
charged
upon
him
in
case
of
Treason
,
without
two
lawful
Witnesses
.
For
the
advice
my
Lord
Treasurer
says
he
gave
in
case
of
levying
Ship-Money
,
surely
he
advised
no
other
ways
,
than
as
had
been
formerly
used
3
or
4
years
before
his
coming
into
the
Kingdom
;
so
that
if
it
be
an
error
,
he
was
led
into
it
by
the
practice
of
former
times
,
and
of
wiser
men
than
himself
.
Besides
,
there
was
then
,
as
he
conceives
,
a
Judgement
given
in
the
Exchequer-Chamber
,
and
he
hath
learnt
always
in
his
own
practice
,
by
reason
of
his
own
weakness
of
judgement
,
never
to
be
wiser
than
his
Teachers
,
or
to
pretend
to
know
more
in
other
mens
professions
,
than
they
know
themselves
.
And
therefore
there
being
a
Judgement
given
in
point
of
Law
by
the
Judges
,
it
was
not
for
him
to
dispute
what
they
had
done
,
but
with
all
humility
,
to
submit
it
to
better
judgements
than
his
own
,
so
that
to
advise
such
a
thing
(
as
it
then
stood
)
he
hopes
will
be
excusable
and
pardonable
in
him
,
albeit
he
doth
not
justify
himself
in
it
,
in
respect
of
something
he
hath
heard
and
learnt
,
since
that
time
,
and
taught
him
likewise
by
wiser
men
than
himself
.
And
as
he
then
followed
that
which
was
delivered
by
the
Judges
,
so
he
shall
for
the
future
,
follow
what
he
hath
learnt
by
others
,
that
ought
to
be
believed
,
and
by
him
credited
before
himself
:
But
in
the
mean
time
he
conceives
it
a
pardonable
fault
,
and
shall
never
be
drawn
up
,
or
put
into
the
Scale
against
him
as
Treason
.
To
the
other
words
,
testified
to
be
spoken
by
him
at
the
Council-Table
,
He
Answers
,
That
he
might
hold
the
Aldermen
lyable
or
subject
to
Fine
and
Ransome
,
in
case
they
did
not
submit
to
the
Kings
Demands
(
for
so
on
the
matter
,
my
Lord
of
Berkshire
repeats
the
words
)
truly
such
hath
been
,
and
shall
be
his
ingenuity
in
all
things
concerning
this
business
,
that
these
words
he
hath
already
acknowledged
and
confest
to
be
by
him
spoken
;
and
he
confessed
now
he
did
say
,
That
in
his
opinion
,
in
a
Case
of
that
great
necessity
,
and
imminent
danger
,
which
he
conceived
the
Kingdom
to
be
in
,
their
refusal
might
perchance
,
make
them
lyable
to
Fine
and
Ransome
;
but
the
words
,
as
he
remembers
them
,
were
appliable
not
to
that
particular
,
but
to
another
.
For
he
says
,
and
he
says
truly
,
the
words
were
spoken
to
hasten
and
speed
my
Lord
Mayor
in
the
services
that
were
commanded
him
;
not
out
of
any
intention
or
purpose
,
to
do
him
hurt
by
further
moving
,
or
prosecuting
any
thing
against
him
.
He
confesses
,
he
wishes
he
had
not
spoken
them
,
but
being
spoken
,
and
spoken
to
that
end
and
purpose
,
as
high
a
thing
as
this
might
have
been
passed
over
,
and
not
charged
on
him
as
a
crime
,
but
rather
as
an
extravagant
saying
,
which
God
forbid
a
man
should
be
Arraigned
for
in
this
kind
,
as
he
is
,
and
a
little
excess
of
Speech
,
he
trusts
by
their
Lordships
Favour
and
Goodness
,
may
be
excused
,
if
not
pardoned
,
at
least
so
much
pardoned
,
as
it
shall
not
be
laid
to
him
as
Treason
,
when
it
is
but
a
hasty
word
,
and
nothing
follows
upon
it
.
For
the
other
words
which
my
Lord
Mayor
sayes
,
that
he
the
Earl
of
Strafford
should
say
to
His
Majesty
;
Sir
,
there
will
be
no
good
done
with
the
Citizens
of
London
;
till
you
have
hanged
some
of
them
up
;
which
at
first
he
said
,
was
to
his
best
remembrance
,
and
upon
recollection
,
he
says
directly
and
absolutely
;
for
my
Lord
said
,
he
must
not
make
it
weaker
against
himself
than
it
is
;
and
he
wishes
that
rule
might
be
kept
on
both
sides
,
which
is
to
repeat
the
Evidence
to
their
Lordships
clearly
and
plainly
as
it
is
;
which
duty
he
said
,
he
had
Religiously
observed
,
since
the
beginning
of
the
Cause
,
and
will
perform
to
the
last
,
not
misrecyting
any
thing
for
his
advantage
or
disadvantage
;
This
being
howsoever
his
comfort
and
joy
,
that
their
Lordships
are
so
wise
,
as
not
to
hearken
to
what
is
repeated
of
the
Evidence
,
but
to
the
Evidence
it self
,
as
it
is
plainly
and
clearly
represented
,
and
that
will
not
deceive
them
:
and
therefore
my
Lord
said
,
to
the
best
of
his
remembrance
(
and
the
Witnesses
said
,
no
more
at
the
first
)
he
spake
them
not
,
but
he
thinks
they
were
spoken
in
so
good
company
,
before
their
Lordships
of
the
Council-Board
,
that
it
cannot
but
be
remembred
,
by
some
of
their
Lordships
,
if
the
words
had
been
spoken
,
and
by
His
Majesty
,
to
whom
it
is
said
they
were
directed
.
But
being
an
equal
Testimony
(
however
in
this
condition
,
and
misfortune
,
and
affliction
,
it
may
be
between
this
Gentleman
and
himself
)
he
thinks
that
before
these
troubles
befell
him
,
he
was
as
equally
to
be
believed
as
the
other
;
and
therefore
all
the
difference
is
,
one
sayes
it
,
the
other
denies
it
.
My
Lord
added
,
That
he
denyed
it
in
his
Answer
,
and
he
denies
it
at
the
Bar
,
and
in
truth
,
to
his
best
remembrance
,
he
never
spake
the
words
;
and
it
is
a
thing
of
no
great
moment
,
being
a
hasty
word
,
and
at
the
most
very
excusable
,
especially
to
a
free
spoken
man
,
as
he
is
,
and
he
smarts
for
it
,
which
hath
further
engaged
him
,
perhaps
than
wiser
man
would
have
been
,
that
hath
much
worse
thoughts
than
ever
he
had
,
but
he
hoped
it
will
be
pardoned
,
and
not
amount
to
make
good
the
Charge
against
him
,
but
that
their
Lordships
Honor
and
Justice
will
excuse
it
,
rather
than
punish
it
,
and
so
his
Lordship
said
,
he
would
say
no
more
to
it
.
Mr.
Maynard
made
Reply
thereunto
,
in
substance
as
followeth
.
The
Committee
shall
need
to
to
say
little
to
this
Answer
of
my
Lord
of
Strafford
,
for
whereas
he
sayes
nothing
of
High
Treason
is
proved
,
their
Lordships
will
be
pleased
to
remember
,
how
oft
this
hath
been
answered
;
for
if
their
Lordships
will
look
back
,
to
what
they
have
proved
from
the
beginning
:
They
charge
not
this
as
a
particular
Treason
,
but
having
charged
him
with
a
design
to
subvert
the
fundamental
Laws
;
it
appears
he
threatened
it
,
That
the
Kings
little
finger
should
be
heavier
than
the
loins
of
the
Law
;
They
have
shewed
what
he
did
in
Ireland
,
how
he
did
not
only
threaten
,
but
gave
sentence
of
death
on
one
for
words
,
how
there
he
hanged
another
;
it
appears
what
a
Jurisdiction
he
erected
against
Law
,
and
wayes
were
taken
to
maintain
them
;
how
Soldiers
were
forced
on
mens
Houses
against
their
Wills
;
and
what
Insolency
they
committed
,
and
that
must
not
be
questioned
when
it
is
propounded
;
When
he
comes
into
England
,
their
Lordships
hear
what
Counsels
he
gives
,
which
compared
with
the
Plots
he
laid
,
there
is
reason
to
think
,
that
these
words
proceeding
from
my
Lord
of
Strafford
,
that
men
should
be
Fined
and
Ransomed
,
Hanged
up
,
and
laid
by
the
Heels
,
comes
not
out
of
suddain
passion
,
but
rise
from
those
Principles
and
Resolutions
that
were
in
him
,
to
do
all
things
according
to
his
Will
and
Pleasure
,
against
Law
.
They
beseech
their
Lordships
,
these
may
not
pass
as
hasty
words
,
when
they
appear
to
be
suitable
and
conformable
to
Actions
and
Counsels
preceding
for
many
years
,
and
not
yet
laid
down
by
him
,
for
ought
can
be
discerned
.
The
singleness
of
the
Testimony
hath
been
often
Objected
,
and
as
often
Answered
,
but
this
is
no
single
Testimony
;
My
Lord
Treasure
speaks
of
his
Advice
to
go
on
vigorously
with
Ship-Money
;
Others
prove
Fine
and
Ransome
,
and
Hanging
up
,
Threatened
,
which
have
all
concurred
to
the
general
Charge
,
being
several
circumstances
proved
by
several
Witnesses
.
But
whereas
my
Lord
thinks
to
excuse
himself
,
because
there
was
a
Judgement
in
the
Exchequer-Chamber
;
God
be
thanked
,
it
appears
to
be
a
Judgement
against
Law
;
and
my
Lord
of
Strafford
spake
these
words
after
the
King
offered
to
lay
down
the
Ship-Money
,
for
it
was
after
the
Parliament
;
But
there
was
never
any
Judgement
,
that
a
man
might
be
hanged
in
such
a
case
,
nor
be
Fined
and
Ransomed
for
not
certifying
in
matter
of
Loan
;
my
Lord
of
Strafford
knows
as
well
as
any
man
,
that
it
is
against
Law
,
himself
having
had
a
great
hand
in
the
Petition
of
Right
.
Mr.
Glyn
desired
he
might
observe
one
thing
,
that
fell
from
my
Lord
of
Treading
on
his
Toe
,
he
prosecuted
so
far
as
to
life
,
and
yet
they
were
spoken
as
accidentally
as
these
,
and
not
of
less
consequence
,
and
nothing
came
of
them
;
and
yet
he
procured
a
sentence
of
death
against
the
Speaker
,
but
here
he
extenuates
it
,
and
must
not
be
charged
with
words
.
And
so
the
25th
Article
was
concluded
.
THE
Six
and
Twentieth
Article
.
The
Charge
,
26.
THat
the
said
Earl
by
his
wicked
Counsels
,
having
brought
To
seize
upon
the
Bullion
,
and
the
Money
in
the
Mint
.
And
to
imbase
His
Majesties
Coyn
with
the
mixtures
of
Brass
.
And
accordingly
he
procured
One
hundred
and
30000
l.
which
was
then
in
the
Mint
,
and
belonging
to
divers
Merchants
,
Strangers
,
and
others
to
be
seized
on
,
and
stayed
to
His
Majesties
use
.
And
when
divers
Merchants
of
London
,
owners
of
the
said
Bullion
and
Money
,
came
to
his
House
,
to
let
him
under
stand
the
great
mischief
that
course
would
produce
here
,
and
in
other
parts
,
and
what
prejudice
it
would
be
to
the
Kingdom
,
by
discrediting
the
Mint
,
and
hindring
the
importation
of
Bullion
:
he
the
said
Earl
told
them
,
that
the
City
of
London
dealt
undutifully
and
unthankfully
with
His
Majesty
;
and
that
they
were
more
ready
to
help
the
Rebels
,
than
to
help
His
Majesty
:
And
that
if
any
hurt
came
to
them
,
they
may
thank
themselves
;
and
that
it
was
the
course
of
other
Princes
,
to
make
use
of
such
Moneys
to
serve
their
occasions
.
And
when
in
the
same
month
of
July
,
the
Officers
of
His
Majesties
Mint
came
to
him
,
and
gave
him
divers
reasons
against
the
imbasing
the
said
Money
;
he
told
them
that
the
French
King
did
use
to
send
Commissaries
of
Horse
,
with
Commission
to
search
into
mens
Estates
,
and
to
peruse
their
Accounts
,
that
so
they
may
know
what
to
levy
of
them
by
force
,
which
they
did
accordingly
levy
;
and
turning
to
the
Lord
Cottington
,
then
present
,
said
,
That
this
was
a
point
worthy
of
his
Lordships
consideration
,
meaning
this
course
of
the
French
King
,
to
raise
Moneys
by
force
,
was
a
point
worthy
of
his
Lordships
Consideration
,
MR.
Maynard
proceeded
to
open
the
26th
Article
,
and
observed
,
That
they
had
shewed
formerly
,
how
my
Lord
of
Strafford
had
laboured
a
Disaffection
betwixt
His
Majesty
and
His
People
:
Now
they
come
to
shew
,
That
His
Majesty
being
put
to
extreame
Charges
,
by
the
Advice
of
my
Lord
of
Strafford
;
my
Lord
adds
his
advice
,
for
seising
Money
in
the
Mint
,
and
for
that
of
the
base
Coyn
,
or
Black
Money
;
And
,
that
when
some
attended
my
Lord
of
Strafford
about
it
,
to
shew
to
him
the
danger
and
ill
consequence
,
that
might
arise
from
it
,
my
Lord
of
Strafford
tells
them
,
The
City
had
dealt
undutifully
and
unthankfully
with
His
Majesty
,
and
were
more
ready
to
help
the
Rebels
than
His
Majesty
;
and
,
they
may
thank
themselves
;
and
,
it
was
the
Course
of
other
Princes
,
to
make
use
of
such
Monies
.
And
,
when
the
Master
of
the
Mynts
gave
Reasons
against
it
,
my
Lord
said
,
The
French
King
uses
to
send
Commissaries
to
mens
Shops
,
and
to
look
into
the
Accompts
and
Books
of
men
,
to
see
and
peruse
their
Estates
,
that
they
might
raise
and
levy
it
by
force
:
And
,
turning
to
a
Noble
Lord
by
him
,
he
said
,
That
was
a
point
worthy
of
his
Lordships
Consideration
.
To
prove
the
words
spoken
,
about
seising
the
Money
in
the
Mint
,
Robert
Edwards
was
Sworn
,
and
Examined
,
What
he
heard
my
Lord
of
He
Answered
,
That
he
went
to
his
Lordship
about
the
danger
,
that
the
Company
of
Merchant-Adventurers
were
in
,
in
regard
their
Estates
were
beyond
Sea
,
giving
his
Lordship
to
understand
the
danger
,
in
regard
so
much
Money
was
taken
out
of
the
Tower
,
being
,
as
he
remembers
,
on
Saturday
night
.
They
went
on
Monday
morning
,
and
desired
my
Lord
to
speak
to
His
Majesty
,
that
the
money
might
be
restored
again
,
that
their
Means
might
not
be
seized
;
for
,
some
strangers
had
threatned
,
they
would
signifie
to
their
Principal
,
how
their
Money
was
taken
from
them
,
and
would
seek
for
a
recompence
again
,
by
the
Means
they
had
beyond
Sea
:
And
,
my
Lord
made
Answer
again
to
him
,
and
diverse
others
that
were
there
,
That
if
they
fared
amiss
,
they
might
thank
themselves
,
for
if
they
went
on
in
that
manner
,
they
were
like
to
find
it
themselves
;
and
that
they
should
have
the
damage
of
it
,
if
they
did
look
to
it
no
better
.
And
withal
he
said
,
That
though
they
think
it
is
a
strange
business
here
,
yet
beyond
Sea
it
is
not
so
,
but
on
Command
men
have
their
Goods
taken
.
This
was
the
substance
,
as
he
remembers
,
of
what
he
said
to
them
.
Being
Asked
,
What
my
Lord
of
Strafford
said
,
touching
the
City
of
London
?
He
Answered
,
That
he
said
,
They
did
deal
very
unthankfully
and
undutifully
,
for
there
was
but
14000
l.
for
Ship-money
that
was
His
Majesties
due
,
and
they
denyed
the
payment
of
that
;
and
did
more
to
maintain
the
Rebels
,
than
they
did
to
maintain
His
Majesty
.
Being
bid
repeat
his
words
.
He
said
,
That
they
came
at
first
to
be
humble
Suitors
to
his
Lordship
,
to
be
a
meanes
to
His
Majesty
,
that
the
Money
taken
from
the
Tower
,
might
be
restored
again
;
for
,
the
Merchants
Adventurers
Estates
beyond
Sea
,
were
in
great
danger
,
in
regard
there
were
some
strangers
threatned
,
to
write
to
their
Principals
,
to
stay
their
Estates
there
,
for
the
Money
stayed
in
the
Tower
:
Whereupon
my
Lord
made
Answer
,
That
if
they
did
speed
amiss
,
they
might
thank
themselves
,
for
they
are
more
ready
to
hold
with
Rebels
,
then
they
were
to
give
His
Majesty
His
due
,
which
was
14000
l.
for
Ship-money
.
Being
Asked
(
on
my
Lord
of
Straffords
motion
)
Where
he
spake
them
?
and
,
Whether
he
was
not
then
Sick
?
He
Answered
,
It
was
in
his
Chamber
:
and
my
Lord
did
sit
in
his
Chair
,
and
he
(
the
Examinant
)
stood
hard
by
him
,
with
four
or
five
more
,
and
he
conceives
my
Lord
was
sick
at
that
time
.
Being
Asked
,
on
like
motion
,
Whether
he
did
not
tell
them
he
was
sick
,
and
could
not
go
to
the
King
at
that
time
?
He
Answered
,
That
he
remembers
not
that
my
Lord
said
,
he
could
not
go
to
the
King
;
but
,
he
said
,
he
knew
nothing
of
it
till
that
morning
,
to
his
(
the
Examinants
)
remembrance
.
Anthony
Palmer
Sworn
,
and
Interrogated
,
What
my
Lord
of
Strafford
He
Answered
,
That
my
Lord
of
Strafford
had
some
Discourse
with
him
,
and
the
rest
of
his
fellow
Officers
,
concerning
base
Money
;
and
,
upon
the
Questioning
of
it
,
they
gave
him
their
Reasons
against
it
,
and
the
insufficiency
of
it
to
do
any
thing
,
and
said
so
much
,
as
they
conceived
my
Lord
was
disswaded
from
going
any
further
in
it
:
Upon
this
,
he
afterwards
shewed
them
a
Letter
,
drawn
out
of
his
Pocket
,
which
,
as
he
said
,
was
sent
him
out
of
France
,
and
in
the
French
Tongue
;
and
,
because
he
(
the
Examinant
)
did
not
understand
the
French
tongue
,
he
read
it
in
English
to
this
effect
,
so
far
as
the
best
of
his
memory
will
hold
;
That
the
King
of
France
,
or
the
French
King
,
had
appointed
certain
Officers
of
his
,
to
go
and
take
view
of
mens
Books
of
Accompt
and
Estates
,
by
that
means
to
see
what
they
were
worth
,
and
to
know
what
the
King
might
demand
of
them
;
and
,
if
they
were
not
willing
to
pay
it
,
there
would
be
a
force
upon
them
to
pay
it
.
This
,
to
the
best
of
his
Remembrance
,
is
that
my
Lord
did
deliver
.
Being
Asked
,
Whether
my
Lord
of
Strafford
did
not
speak
words
to
this
effect
,
That
if
His
Majesty
should
do
so
,
he
should
have
the
Examples
of
others
,
or
to
that
purpose
?
He
Answered
,
Something
he
set
forth
to
this
effect
,
but
the
very
words
he
cannot
express
,
but
it
was
to
that
purpose
;
That
he
had
received
Letters
,
that
the
King
of
France
had
sent
Officers
,
that
took
view
of
Mens
Books
and
Accompts
,
to
raise
to
himself
some
Moneys
(
if
they
were
not
willing
)
by
constraint
,
and
withal
some
other
Speeches
did
fall
from
him
to
this
purpose
,
but
,
the
very
words
he
cannot
speak
,
that
it
was
an
Example
,
or
might
be
an
Example
,
to
do
the
like
in
England
.
Being
Asked
(
on
my
Lord
of
Straffords
motion
)
Where
this
was
spoken
?
He
Answered
,
It
was
in
my
Lords
own
house
in
Leister-fields
,
he
thinks
,
and
there
were
present
three
more
,
Sir
William
Parkhurst
,
Mr.
Gogan
,
and
himself
,
and
my
Lord
Cottington
was
also
there
.
Henry
Gogan
Sworn
and
Interrogated
,
What
he
heard
my
Lord
of
Strafford
say
,
when
he
attended
him
,
about
the
abusing
of
the
Coyn
?
He
Answered
,
That
after
the
Coyning
of
the
Base
Money
was
thought
on
,
there
were
Queries
made
,
and
they
were
to
give
an
Answer
the
next
day
about
the
making
of
it
;
That
was
,
about
the
Expedition
,
and
what
it
would
cost
,
and
two
other
Particulars
,
the
Paper
Sir
William
Parkhurst
hath
.
But
,
some
of
them
spoke
against
the
making
of
the
Money
,
Mr.
Palmer
and
the
rest
shewed
the
inconvenience
of
it
;
and
then
my
Lord
pull'd
out
a
Letter
in
French
,
and
read
it
in
English
,
to
this
purpose
;
That
the
King
of
France
raised
money
by
force
,
sending
Commissaries
of
Horse
to
look
into
their
Books
and
Estates
,
and
levy
money
accordingly
;
and
,
did
turn
about
to
my
Lord
Cottington
,
and
said
,
My
Lord
,
this
is
worthy
your
consideration
or
hearing
,
or
words
to
that
purpose
.
Being
Asked
(
on
my
Lord
of
Straffords
motion
)
Where
it
was
spoken
?
He
Answered
,
It
was
spoken
at
my
Lords
House
in
the
Fields
,
in
the
presence
of
Sir
William
Parkhurst
,
Lord
Cottington
,
Mr.
Palmer
,
and
himself
.
Sir
William
Parkhurst
being
Sworn
,
and
Interrogated
,
What
my
Lord
of
Strafford
said
,
when
he
and
the
rest
attended
him
about
the
Copper
Money
?
He
Answered
,
That
they
were
sent
for
;
and
,
the
first
Question
they
were
asked
,
was
,
What
sorts
of
Money
were
made
in
Queen
Elizabeths
time
of
Copper
,
for
the
Kingdom
of
Ireland
?
they
told
him
what
they
were
,
and
that
they
could
produce
the
Indentures
and
Circumstances
of
making
those
Monyes
;
and
they
had
diverse
Discourses
of
the
matter
of
Money
,
and
it
was
resolved
into
certain
Queries
that
they
should
consider
of
,
which
he
the
Examinant
was
never
formerly
examined
of
,
and
the
Papers
are
not
here
,
neither
was
he
warned
hither
to
day
.
And
,
in
the
discourse
of
these
Moneys
,
my
Lord
of
Strafford
did
produce
a
Letter
written
in
French
,
as
newes
lately
received
from
thence
,
and
,
doubting
whether
they
understood
French
or
no
,
he
Englished
it
,
in
these
kinds
of
words
,
or
thus
much
in
substance
,
That
the
French
King
had
lately
sent
certain
Commissaries
,
or
Commissioners
,
into
diverse
parts
of
France
,
there
to
take
and
peruse
the
Accompts
of
Merchants
,
and
the
Books
of
Mens
Estates
,
whereby
they
might
know
what
Estates
they
had
,
and
this
is
the
substance
of
what
he
can
say
,
and
further
he
heard
him
not
say
.
Being
Asked
(
on
my
Lord
of
Straffords
motion
)
Who
was
there
present
?
He
Answered
,
My
Lord
of
Strafford
,
my
Lord
Cottington
,
Mr.
Palmer
,
Mr.
Gogan
,
and
himself
.
Being
Asked
,
on
the
like
motion
,
Whether
he
heard
my
Lord
of
Strafford
offer
to
my
Lord
Cottington
,
That
this
was
worthy
his
consideration
or
notice
?
He
Answered
,
That
he
did
not
hear
it
.
Being
Asked
,
Whether
he
said
,
That
if
the
King
should
do
so
,
he
should
follow
the
Example
of
other
Princes
?
He
Answered
,
No.
Sir
Ralph
Freeman
being
Asked
,
What
words
my
Lord
of
Strafford
spake
concerning
Copper
Money
,
If
it
were
refused
to
be
taken
?
He
Answered
,
That
he
was
not
there
at
the
first
meeting
,
but
at
the
private
Council
,
His
Majesty
being
present
,
there
was
a
Debate
about
Paying
Copper-Money
,
and
he
(
the
Examinant
)
Answering
,
That
they
would
not
work
,
if
they
were
paid
in
Copper
Money
:
My
Lord
of
Strafford
replied
,
You
know
what
course
to
take
with
them
,
you
may
send
them
to
the
House
of
Correction
;
This
is
all
he
heard
.
Mr.
Maynard
desired
Tho.
Skinners
Examination
might
be
read
,
as
to
the
matter
which
Mr.
Stewart
was
examined
to
,
he
being
seen
at
Westminster
My
Lord
of
Strafford
desired
,
they
might
reserve
the
advantage
of
him
,
and
he
would
give
way
to
it
.
Mr.
Maynard
answered
,
That
when
he
sayes
a
Witness
may
be
kept
away
,
it
is
not
that
he
is
kept
away
,
for
he
is
here
;
but
,
if
a
Witness
hath
been
examined
,
and
doth
not
come
,
his
Examinations
may
be
read
,
for
it
is
George
Henley
being
Sworn
,
and
Interrogated
,
Whether
he
saw
Skinner
this
morning
at
Westminster
?
He
Answered
,
He
saw
him
in
the
Pallace-yard
,
and
he
told
him
the
My
Lord
of
Strafford
desiring
that
liberty
for
him
to
Cross-examine
him
might
be
reserved
,
and
that
being
granted
,
the
Examinations
were
read
.
The
Examination
of
Tho.
Skinner
Gent.
taken
the
8th
.
Ian.
1641.
To
the
98
Interrogatory
he
saith
,
That
he
attended
Mr.
Edwards
and
other
Merchants-Adventurers
to
the
Lord-Lieutenant
,
a
little
after
the
stay
of
the
Money
and
Bullion
in
the
Mynt
,
and
the
said
Merchants
represented
divers
inconveniences
to
his
Lordship
which
might
arise
from
the
stay
thereof
;
and
alleadged
,
That
it
would
occasion
a
seisure
of
the
English
Merchants
beyond
the
Seas
.
Whereupon
his
Lordship
said
,
He
did
not
know
of
the
seisure
until
that
morning
;
But
,
if
any
Inconvenience
happen
,
they
may
thank
themselves
:
and
his
Lordship
further
said
,
that
though
this
act
might
seem
strange
in
England
,
it
was
no
newes
in
other
Countries
;
Where
Princes
made
use
of
such
means
to
serve
their
occasions
;
and
his
Lordship
did
very
much
tax
and
blame
the
City
of
London
,
saying
,
They
dealt
unworthily
with
His
Majesty
,
in
refusing
to
pay
the
14000
l.
of
Ship-money
,
which
was
His
due
;
and
that
they
were
more
ready
to
hold
with
Rebels
than
with
His
Majesty
;
and
,
that
they
dealt
unthankfully
with
His
Majesty
,
in
not
relieving
him
in
His
great
Necessities
.
And
so
Mr.
Maynard
concluded
this
Article
,
the
words
charged
being
proved
,
and
my
Lord
of
Straffords
Answer
was
expected
.
After
a
small
time
given
him
to
recollect
his
Notes
,
my
Lord
of
Strafford
made
his
Defence
,
in
substance
as
followeth
,
That
he
is
to
give
his
Defence
to
the
26th
Article
,
the
first
part
whereof
First
,
To
seize
on
the
Bullion
and
money
in
the
mint
.
Secondly
,
To
debase
the
Coyn
with
mixture
of
Brass
.
That
he
hath
,
in
his
Answer
,
denied
either
the
Counselling
,
or
the
approving
of
these
Projects
,
as
they
call
them
;
and
,
for
that
part
,
which
indeed
would
be
the
principal
thing
in
the
Charge
,
if
it
were
proved
,
there
is
no
offer
of
any
proof
at
all
,
that
is
,
concerning
his
Approving
,
Counselling
,
or
devising
those
Projects
.
To
this
he
Answereth
,
It
will
appear
in
their
own
proof
,
he
(
the
Defendant
did
not
Counsel
the
seising
of
the
money
,
for
Mr.
Edwards
acknowledges
,
when
they
came
to
acquaint
him
with
the
business
,
he
professed
he
knew
nothing
of
it
;
Nor
did
he
,
being
then
sick
,
and
unfit
for
this
matter
.
And
,
Mr.
Skinner
sayes
,
He
(
my
Lord
of
Strafford
)
told
them
,
That
he
knew
nothing
of
the
seizure
of
that
money
;
So
that
there
is
no
Proof
against
him
:
and
,
the
Proof
brought
,
Acquits
him
,
as
to
that
.
For
the
debasing
of
the
Coyn
,
Mr.
Palmer
sayes
,
That
he
and
the
rest
of
the
Officers
giving
Reasons
against
it
,
he
(
my
Lord
of
Strafford
)
gave
it
over
;
He
remembers
very
well
,
there
was
some
speech
about
the
Copper
Coyn
;
and
,
that
Information
was
to
be
given
,
what
Queen
Elizabeth
had
done
in
the
like
case
:
And
,
he
remembers
too
,
that
it
was
given
over
:
Also
,
that
he
was
one
of
the
Committee
,
to
take
Information
of
the
Reasons
for
it
,
and
against
it
;
and
,
to
report
:
and
,
further
then
that
,
he
medled
not
with
it
.
For
the
rest
of
the
Charge
,
in
telling
the
City
,
They
dealt
undutifully
with
His
Majesty
,
&c.
he
conceives
the
Proofs
are
full
in
the
Point
,
and
fuller
then
any
thing
of
the
Charge
since
the
Trial
began
.
And
,
it
is
true
,
he
did
not
at
that
time
think
the
City
had
dealt
thankfully
with
His
Majesty
,
they
having
received
so
many
Favours
from
him
,
and
He
residing
amongst
them
,
should
refuse
the
Loane
of
100000
l.
on
good
security
given
;
and
,
it
might
very
well
be
(
as
he
thinks
he
did
)
at
that
time
,
he
might
say
so
;
And
,
if
he
spake
it
out
of
overmuch
sence
towards
His
Majesty
,
and
His
Service
,
surely
he
doth
not
conceive
it
to
be
any
great
Crime
,
to
say
,
They
dealt
undutifully
with
the
King
:
But
,
whatsoever
it
was
,
he
is
sure
he
is
ready
to
amend
it
,
and
to
be
of
another
Opinion
;
For
,
he
remembers
very
well
,
and
,
he
thinks
many
of
their
Lordships
will
call
it
to
mind
,
that
when
upon
the
return
of
diverse
Noble
Persons
to
York
,
he
understood
that
the
City
of
London
had
lent
the
King
200000
l.
he
then
said
,
That
he
was
glad
for
his
part
,
extreamly
glad
of
it
;
and
,
all
that
was
past
formerly
,
was
now
fully
satisfied
,
as
to
him
,
and
he
should
be
ready
to
serve
them
with
his
Life
for
it
,
as
long
as
he
lived
;
And
this
he
spake
in
the
Great
Council
of
the
Peers
at
York
,
and
that
he
would
be
as
ready
to
serve
the
City
of
London
,
as
any
poor
Gentleman
in
the
Kingdom
,
and
so
he
sayes
again
,
he
will
:
and
if
at
that
time
,
or
other
time
,
he
was
so
sensible
of
the
Service
of
His
Master
,
as
not
to
think
it
well
done
of
them
,
to
refuse
so
small
a
Curtesie
,
and
exprest
something
that
might
have
been
spared
:
Men
oftentimes
offend
with
the
Tongue
,
when
they
offend
not
with
the
heart
;
And
,
he
hopes
this
can
be
no
such
Bloody
Crime
,
it
arguing
him
rather
to
be
innocent
from
doing
any
great
evil
,
when
words
are
so
often
charged
on
him
,
rather
than
doing
.
But
,
there
are
some
things
not
proved
,
that
perhaps
will
be
mentioned
,
because
they
be
singly
spoken
of
,
but
not
doubly
proved
.
The
next
Charge
is
a
Letter
,
that
he
should
shew
,
about
the
King
of
France
appointing
Officers
to
take
Accompts
,
and
to
view
mens
Books
,
and
that
it
might
be
an
Example
for
us
here
.
Which
words
he
doth
absolutely
deny
.
He
never
spake
them
.
He
never
thought
them
:
And
Mr.
Palmer
only
speaks
it
;
But
sayes
,
the
very
words
he
cannot
express
:
and
,
if
he
cannot
(
the
Defendant
)
appeales
to
their
Lordships
,
whether
he
should
be
Condemned
for
words
which
cannot
be
exprest
?
and
he
hopes
it
will
be
of
very
little
force
with
their
Lordships
,
when
it
is
so
uncertainly
delivered
.
But
,
however
,
it
is
a
single
Testimony
,
none
of
the
other
Witnesses
testifying
the
words
,
as
he
conceives
.
Sir
William
Parkhurst
denies
expresly
,
that
he
heard
them
.
Mr.
Gogan
is
a
single
Testimony
,
in
saying
,
what
my
Lord
of
Strafford
should
say
to
my
Lord
Cottington
,
That
they
might
be
worthy
of
his
Lordships
consideration
;
And
Sir
William
Parkhurst
denies
that
he
heard
them
.
But
,
it
will
be
necessary
for
him
,
to
let
their
Lordships
know
clearly
and
plainly
,
what
this
great
matter
was
concerning
the
French
Letter
,
for
he
trusts
my
Lord
Cottington
would
remember
it
,
and
my
Lord
Treasurer
too
,
if
need
were
;
but
this
is
no
way
in
his
Charge
,
and
therefore
he
shall
not
insist
in
the
proof
of
it
.
His
Lordship
having
the
honor
to
be
of
the
Foraign
Committee
,
my
Lord
of
Leicester
was
pleased
to
send
weekly
Letters
,
to
divers
of
their
Lordships
,
and
,
among
the
rest
,
he
received
one
,
being
in
the
nature
of
a
Gazette
:
In
which
Letter
,
nothing
was
mentioned
of
Commissaries
of
Horse
;
but
,
it
was
mentioned
,
that
the
Cardinal
had
given
direction
to
certain
Commissioners
,
to
go
into
the
Houses
of
divers
Merchants
,
not
over
the
Kingdom
,
but
at
Paris
,
and
Inform
themselves
by
their
Books
of
Accompt
,
what
Estates
they
had
,
that
they
might
demand
Supply
.
This
Letter
,
he
sayes
,
he
Read
,
with
this
Clause
,
You
may
see
what
is
done
in
other
places
;
but
,
God
be
thanked
you
have
so
pious
and
gracious
a
King
,
that
he
thinks
on
none
of
these
things
;
he
read
it
to
them
as
a
Gazette
,
a
foolish
idle
Letter
,
and
no
more
.
My
Lord
Cottington
being
Interrogated
touching
the
Letter
,
&c.
He
professes
that
he
knew
nothing
of
such
a
Letter
,
but
because
he
William
Parkhurst
,
and
Mr.
Palmer
,
and
some
others
,
and
they
told
him
,
that
when
my
Lord
was
Reading
the
Letter
,
he
was
Writing
in
another
Room
;
and
asking
,
Why
it
was
said
he
was
present
?
they
told
him
then
,
That
they
thought
Gogan
had
said
so
,
when
there
was
no
such
matter
;
For
,
he
having
seen
his
name
in
the
Printed
Book
,
he
hath
been
careful
to
inform
himself
,
what
kind
of
Letter
it
was
,
for
he
profest
to
their
Lordships
,
he
remembred
not
the
Letter
,
nor
the
discourse
,
and
asking
Sir
William
Parkhurst
and
the
rest
,
why
it
was
said
,
such
words
were
spoken
to
him
by
my
Lord
of
Strafford
?
they
say
,
they
had
been
examined
upon
it
,
and
had
denyed
it
.
For
Sir
Ralph
Freeman's
Deposition
,
that
my
Lord
of
Strafford
should
say
,
That
if
the
poor
men
that
work
on
the
Money
should
refuse
to
work
,
they
might
be
sent
to
the
House
of
Correction
;
That
he
conceives
he
might
say
without
offence
,
but
it
is
no
part
of
his
Charge
.
My
Lord
Cottington
being
asked
(
on
Mr.
Glyns
motion
)
whether
he
had
heard
of
such
a
Letter
?
He
professed
,
to
his
remembrance
he
never
heard
of
the
Letter
.
Whence
Mr.
Maynard
inferred
,
there
be
others
that
speak
to
that
,
And
so
my
Lord
of
Strafford
concluded
,
that
he
had
told
their
Lordships
clearly
and
plainly
what
is
proved
,
what
the
things
were
,
and
as
they
were
;
and
he
trusts
nothing
is
in
his
Actions
,
but
such
as
may
admit
of
a
noble
and
favourable
construction
:
and
so
there
is
no
more
for
him
to
Answer
to
this
Article
,
but
only
to
say
,
That
under
the
favour
of
these
Gentlemen
,
nothing
can
incline
one
way
or
other
,
to
be
an
accusation
of
High-Treason
.
To
which
Mr.
Maynard
made
a
Reply
in
substance
as
followeth
.
That
he
should
not
hold
their
Lordships
long
in
Reply
to
this
;
My
William
Parkhurst
doth
not
remember
it
.
Mr.
Whitlock
added
,
That
my
Lord
of
Strafford
is
pleased
to
mention
a
But
my
Lord
of
Strafford
desired
,
he
might
not
be
mistaken
,
he
being
very
tender
to
have
it
laid
on
him
,
that
he
should
in
any
thing
speak
untruth
,
or
contradict
himself
.
Their
Lordships
know
,
the
Letters
sent
familiarly
every
week
from
my
Lord
of
Leicesters
Secretary
,
as
News
to
the
forreign
Committee
,
are
only
in
the
nature
of
a
Gazette
,
and
so
he
intended
to
open
it
.
Mr.
Strowd
added
,
there
is
something
in
the
Tract
of
this
Article
that
But
when
he
goes
to
the
Ear
of
a
pious
Prince
,
and
insinuates
that
we
know
not
of
,
and
brings
a
desolation
on
a
Kingdom
,
who
shall
repell
such
Language
,
when
force
may
repell
Forces
?
And
surely
had
he
plotted
and
devised
against
His
Majesty
,
by
any
one
(
which
God
forbid
he
should
,
or
that
His
Majesty
should
be
in
that
danger
)
the
pretence
of
a
Prince
might
have
daunted
a
Traitor
,
that
he
could
not
have
done
the
work
;
yet
had
he
done
it
(
which
God
forbid
)
a
Prince
,
may
dye
with
fair
reputation
to
posterity
;
but
when
he
shall
inspire
a
Prince
in
his
ear
,
and
provoke
tyrannical
Carriage
to
His
Subjects
,
he
may
abuse
a
good
Prince
,
but
how
he
may
leave
him
to
posterity
,
I
leave
to
your
Lordships
.
But
my
Lord
stays
not
singly
in
Counsel
and
Advice
,
but
something
was
done
upon
it
.
I
appeal
to
your
Lordships
,
when
proof
shall
be
brought
in
the
case
;
and
First
,
consider
the
misery
that
England
is
now
in
,
what
could
have
been
done
more
to
have
made
us
miserable
,
but
absolute
desolation
?
The
Aldermen
were
committed
that
very
day
,
and
though
it
cannot
be
proved
,
he
gave
the
immediate
Counsel
,
yet
he
gave
the
Counsel
that
hath
been
proved
,
and
that
day
four
of
them
were
committed
;
and
this
the
Aldermen
are
ready
to
prove
.
Sir
Henry
Garaway
Interrogated
,
Whether
any
of
the
Aldermen
were
committed
?
He
Answered
,
That
he
shall
not
need
to
Answer
that
;
for
my
Lord
So
Mr.
Glyn
desired
their
Lordships
,
to
observe
the
words
proved
against
him
,
That
no
good
will
be
done
on
them
,
till
they
were
laid
by
the
heels
,
which
my
Lord
sayes
,
produced
no
effect
;
yet
that
very
day
And
Mr.
Strowde
concluded
,
That
my
Lord
of
Straffords
Words
and
And
so
the
26th
Article
was
concluded
.
THE
Seven
and
Twentieth
Article
.
The
Charge
,
26
THat
in
or
about
the
month
of
August
last
,
he
was
made
Lieutenant-General
MR.
Maynard
proceeded
to
the
27
the
Article
;
That
the
The
state
of
their
proofs
will
stand
thus
;
There
were
three
Levies
;
First
,
a
months
Contribution
,
and
that
was
for
the
general
;
The
Second
,
a
Contribution
for
a
fornight
,
and
that
was
for
two
particular
Regiments
or
Companies
;
A
Third
,
for
a
month
more
,
so
it
was
for
ten
weeks
in
the
whole
.
My
Lord
of
Strafford
pretends
two
things
in
his
Answer
for
his
excuse
.
First
,
That
it
was
upon
a
Petition
from
the
Country
;
To
that
we
say
this
,
The
Country
did
petition
His
Majesty
,
offering
their
endeavour
,
in
that
Petition
they
likewise
desire
a
Parliament
for
redress
of
grievances
,
with
which
Petition
some
principal
Gentlemen
of
the
Countrey
,
attended
my
Lord
of
Strafford
,
desiring
his
assistance
;
He
likes
well
the
clause
concerning
the
Petitioners
endeavours
,
but
not
that
touching
the
Parliament
;
and
therefore
he
would
not
deliver
it
:
though
he
said
,
it
would
fall
out
,
there
would
be
a
Parliament
,
His
Majesty
having
resolved
it
,
but
he
likes
not
that
they
should
Petition
it
.
They
refusing
to
retract
from
their
Petition
,
he
doth
in
the
name
of
some
of
his
Lordships
Friends
,
and
Dependants
,
and
Recusants
,
prefer
another
Petition
,
but
it
was
when
the
Gentlemen
of
the
Countrey
were
gone
,
and
so
there
was
no
consent
of
the
Countrey
.
The
other
thing
he
pretends
is
,
That
the
Lords
of
the
great
Council
,
had
consented
to
that
Imposition
,
which
we
say
is
not
true
,
there
was
no
such
Consent
or
Direction
;
yet
this
he
said
,
both
in
the
Countrey
,
and
in
his
Answer
,
and
their
Lordships
best
know
,
that
the
Lords
of
the
Great
Council
did
not
give
that
direction
,
The
first
thing
offered
,
was
the
Petition
first
intended
,
which
Sir
Hugh
Cholmley
,
and
Sir
Philip
Stapleton
affirming
on
oath
,
to
be
the
true
Petition
,
their
Hands
being
to
it
amongst
others
,
was
read
,
being
in
effect
.
The
Humble
Petition
of
the
Gentlemen
of
the
County
YORK
.
WHEREAS
Your
Majesty
imparted
to
us
the
danger
,
by
the
incursions
of
the
Scots
,
and
the
necessity
of
continuing
the
Trained-Bands
of
this
County
in
entertainment
for
two
Months
,
and
raising
Money
so
long
,
and
did
Royally
assure
us
,
That
the
Wardships
of
such
as
dyed
in
this
Imployment
,
should
be
freed
,
and
one
third
part
of
the
Trained-Bands
should
be
abated
,
for
which
we
acknowledge
our
bounden
thankfulness
,
in
ready
obedience
of
Your
Majesties
Command
,
we
have
represented
to
Your
Majesty
our
present
Condition
,
and
in
the
entrance
of
the
business
,
we
found
a
great
impediment
and
discouragement
,
by
certain
Warrants
produced
for
levying
Money
,
towards
this
new
service
,
wherein
in
the
first
place
,
we
cannot
omit
to
let
your
Majesty
know
,
the
great
grief
we
have
,
in
that
the
County
is
there
charged
with
disaffection
and
backwardness
therein
,
which
as
we
are
confident
,
we
never
were
guilty
of
,
so
we
were
in
good
hope
,
your
Majesty
had
received
no
such
Impression
of
us
.
And
in
the
next
place
,
we
find
our selves
much
grieved
,
that
the
execution
of
such
Warrants
,
which
we
conceive
illegal
,
should
be
concluded
and
urged
on
peril
of
life
;
notwithstanding
the
strictness
of
which
Warrants
,
we
find
divers
parts
of
the
County
have
not
been
able
to
pay
the
Money
demanded
,
and
from
thence
,
and
the
attestation
of
divers
Gentlemen
,
we
are
assured
the
scarcity
of
Money
is
such
,
that
it
is
diabled
from
satisfying
your
expectation
therein
;
And
that
Your
Majesty
may
know
it
is
no
pretence
,
but
a
real
poverty
;
we
are
bold
to
represent
the
Charges
,
viz.
of
-
Ship-Money
.
-
Vast
expences
the
last
year
in
Military
affairs
.
-
The
Billeting
and
Insolency
of
Soldiers
this
Summer
,
part
of
the
time
on
the
credit
of
the
County
.
-
Decay
of
Trade
.
-
Stop
of
Markets
.
Charge
of
Carriages
,
especially
in
Harvest
,
by
which
means
,
not
only
the
common
people
,
but
most
of
the
Gentry
,
by
the
failing
of
Rents
,
are
much
impoverished
:
And
therefore
we
petition
Your
Majesty
,
You
will
accept
our
endeavour
,
to
prevail
with
the
Countrey
to
raise
so
much
Money
,
as
will
pay
the
County
one
whole
month
,
from
their
first
rising
,
within
which
time
,
(
as
is
generally
reported
)
Your
Majesty
hath
Commanded
the
attendance
of
the
Peers
,
to
consult
for
the
safety
of
the
Kingdom
,
and
pray
the
Trained-Bands
may
be
continued
in
the
Villages
,
where
they
are
Quartered
,
except
Your
occasions
otherwise
require
it
;
and
in
the
interim
,
for
the
redress
of
these
Grievances
,
and
security
of
Your
Kingdom
,
Your
Majesty
will
please
,
to
Declare
Your
Pleasure
for
summoning
the
High
Court
of
Parliament
,
&c.
To
prove
that
my
Lord
of
Strafford
refused
to
deliver
this
Petition
,
and
that
another
was
framed
,
to
which
the
Countrey
consented
not
.
Sir
Hugh
Cholmley
was
Sworn
and
Interrogated
,
whether
this
Petition
Hugh
Cholmeley
Witness
.
was
shewed
my
Lord
of
Strafford
,
and
whether
he
was
not
unwilling
to
deliver
it
,
and
why
?
He
Answered
,
That
this
Petition
was
shewed
to
my
Lord
of
Strafford
,
in
the
name
of
the
Gentlemen
that
had
subscribed
it
,
and
it
was
delivered
to
him
by
my
Lord
Wharton
,
and
of
those
Gentlemen
that
subscribed
their
Hands
,
many
were
gone
out
of
Town
,
and
desired
that
those
that
staid
in
Town
,
might
attend
my
Lord
Wharton
,
and
intreat
him
to
deliver
it
to
my
Lord
of
Strafford
,
and
when
it
was
delivered
,
my
Lord
of
Strafford
took
only
exception
(
at
least
he
the
Examinant
)
is
sure
that
was
the
chief
exception
)
because
they
petitioned
for
a
Parliament
;
and
said
,
that
leaving
out
that
Clause
,
he
would
joyn
with
him
in
the
Petition
.
Being
asked
what
he
knew
of
another
Petition
framed
afterwards
?
He
Answered
,
That
at
that
time
no
other
Petition
was
framed
,
by
the
Gentry
of
the
Countrey
,
this
Petition
being
rejected
;
for
my
Lord
of
Strafford
went
and
delivered
some
message
to
the
King
(
he
thinks
for
the
maintaining
of
the
Trained-Bands
a
month
)
and
many
of
them
that
did
subscribe
to
the
Petition
not
consenting
to
it
,
met
together
,
intending
to
make
a
Petition
and
Protestation
against
it
,
and
did
so
;
intending
to
deliver
it
to
His
Majesty
,
but
it
was
not
delivered
.
Being
asked
what
Moneys
were
levied
,
by
whose
Warrants
,
and
for
what
time
?
He
Answered
,
That
he
can
say
nothing
to
the
levying
of
Money
,
but
in
general
,
he
thinks
Money
was
levied
.
Sir
Henry
Cholmley
Sworn
and
Interrogated
,
what
my
Lord
of
Strafford
Henry
Cholmley
Witness
.
said
concerning
Money
?
He
Answered
,
That
he
had
the
Honor
to
be
one
of
the
Colonels
of
the
Trained-Bands
,
and
received
Command
from
my
Lord
of
Strafford
,
being
Lieutenant-General
of
the
Army
,
to
give
account
in
what
state
his
(
the
Examinants
)
Regiment
stood
?
of
what
strength
it
was
,
and
how
provided
of
Money
?
That
he
repaired
to
his
Lordship
,
and
told
him
,
That
notwithstanding
the
Warrants
sent
out
,
they
came
not
to
him
,
and
unless
he
had
Money
shortly
,
the
Regiment
would
disband
;
That
his
Lordship
answered
him
,
he
would
send
a
Levy
on
the
Goods
of
those
that
refused
.
Being
asked
(
on
my
Lord
of
Straffords
motion
)
whether
he
did
so
send
?
He
Answered
,
No
;
that
he
knows
of
.
Sir
Iohn
Hotham
Sworn
and
Interrogated
,
what
he
knew
touching
the
Petition
,
and
my
Lord
of
Straffords
rejecting
it
?
He
Answered
,
That
concerning
the
Petition
,
it
is
true
,
that
being
to
But
when
they
came
there
,
my
Lord
refused
,
and
made
doubt
of
delivering
the
Petition
,
unless
they
would
put
out
the
clause
,
concerning
the
Parliament
,
and
some
thought
it
fit
to
preferr
it
without
it
.
Some
of
the
Gentlemen
that
had
petitioned
,
went
out
,
and
delivered
in
something
to
the
King
,
but
what
it
was
he
knows
not
.
And
for
levying
of
the
Money
,
he
can
say
nothing
to
it
;
Warrants
were
sent
out
by
the
Vice-President
,
but
how
far
my
Lord
was
interested
in
it
,
he
can
say
nothing
at
all
.
Sir
Philip
Stapleton
Sworn
and
Interrogated
,
as
to
the
delivering
of
the
Petition
.
He
Answered
,
that
for
the
Petition
,
he
can
say
his
Countrey-men
Lord
Wharton
being
Sworn
and
Examined
to
the
point
of
the
Petition
?
His
Lordship
Answered
,
That
this
was
unexpected
to
him
,
for
he
Sir
William
Pennyman
being
Sworn
and
Interrogated
,
Whether
a
Warrant
now
shewed
him
,
was
not
under
His
Hand
and
Seal
?
He
confessed
it
was
his
Hand
and
Seal
.
And
that
being
desired
to
be
read
,
Sir
William
Pennyman
offered
to
their
Lordships
,
that
he
presumes
he
comes
to
be
a
Witness
against
my
Lord
of
Strafford
,
not
himself
,
and
referred
it
to
their
Lordships
,
whether
he
should
answer
any
thing
against
himself
,
this
having
an
oblique
aspect
on
himself
;
but
if
their
Lordships
will
require
him
,
he
will
submit
.
But
Mr.
Maynard
upon
opening
of
the
matter
,
shewing
that
they
urge
It
was
read
,
being
to
this
effect
.
To
the
Constable
of
Sergeant-Major
Yaworthe's
Company
.
WHereas
the
Lord-Lieutenant-General
of
His
Majesties
Army
,
by
His
Majesties
Command
,
sent
forth
Warrants
to
the
Constable
of
this
Weapontake
of
Longborough
,
for
Collecting
and
Paying
the
Soldiers
of
my
Regiment
,
Six
weeks
pay
,
to
be
delivered
from
my
hands
,
which
is
not
yet
received
from
,
&c.
These
are
therefore
once
more
in
His
Majesties
Name
,
to
Will
and
Require
you
forthwith
,
to
pay
,
or
cause
to
be
paid
to
the
said
Sergeant-Major
,
the
several
Rates
and
Proportions
,
both
of
the
First
and
Second
Contribution
,
Assessed
on
your-Town
,
&c.
And
if
any
person
or
persons
shall
refuse
so
to
do
,
you
are
instantly
on
receit
hereof
,
to
bring
him
or
them
,
&c.
to
serve
in
their
own
persons
,
for
the
defence
of
this
County
,
as
the
necessity
of
this
Cause
requires
;
And
hereof
,
&c.
fail
not
19
Octob.
1640.
Sir
William
Pennyman
being
Asked
,
Whether
the
Warrant
was
grounded
on
a
former
Command
of
my
Lord
of
Strafford
?
He
Answered
,
That
he
cannot
directly
speak
to
that
,
he
will
not
charge
his
memory
with
it
;
for
,
he
thinks
,
the
first
Warrant
was
issued
by
the
Vice-President
,
and
,
whether
any
was
issued
by
my
Lord
of
Straffords
direction
,
he
cannot
Answer
precisely
,
but
he
conceives
there
was
;
and
,
he
hath
a
confused
notion
in
his
head
,
but
he
cannot
particularly
and
distinctly
remember
it
.
Being
Asked
,
Whether
he
knew
any
Deputy-Lieutenants
were
drawn
to
issue
a
Warrant
,
to
levy
money
on
the
Country
on
this
ground
,
that
the
Lords
of
the
Great
Council
had
consented
to
it
?
He
Answered
,
That
he
conceives
they
were
summoned
thither
together
,
and
on
this
occasion
;
when
the
Trayned-Bands
were
disbanded
,
it
was
thought
fit
the
Frontier-Regiments
,
viz.
his
(
the
Examinants
)
and
Sir
Thomas
Danbies
,
should
be
continued
,
but
he
(
the
Examinant
)
Conceiving
it
unreasonable
and
unequal
,
that
they
should
continue
at
their
own
Charge
,
and
the
rest
not
tributary
to
them
;
and
,
at
least
,
they
not
being
ordered
to
march
successively
to
relieve
them
;
he
(
the
Examinant
)
complained
thereof
to
my
Lord
of
Strafford
,
they
were
thereupon
sent
for
,
and
an
Order
was
made
,
to
which
he
(
the
Examinant
)
refers
himself
.
Being
asked
,
Whether
it
was
not
to
this
effect
,
Whether
those
that
would
not
pay
their
Money
,
should
serve
in
Person
?
He
Answered
,
Sure
he
believes
it
was
,
for
his
Warrant
is
a
relative
Warrant
to
that
other
.
Being
Asked
,
On
what
Grounds
the
Deputy
Lieutenants
were
induced
,
to
make
such
an
Order
?
and
,
Whether
it
was
not
on
an
Allegation
,
that
the
Lords
of
the
Great
Council
had
Consented
,
or
Commanded
,
it
should
be
done
?
He
Answered
,
That
he
presumes
it
is
matter
of
Record
,
if
a
man
may
say
so
,
for
the
Warrant
will
speak
:
But
,
he
presumes
there
was
some
such
thing
spoken
by
my
Lord
of
Strafford
,
that
he
had
acquainted
His
Majesty
with
it
,
or
the
Greatest
Counsel
,
or
to
that
effect
,
and
that
induced
them
to
put
that
into
the
Preamble
of
the
Order
.
Being
prest
to
speak
his
knowledge
,
He
Answered
,
That
truely
he
verily
believes
it
was
so
.
Being
prest
again
to
speak
his
knowledge
positively
.
He
Answered
,
That
he
doth
very
Confidently
and
assuredly
believe
it
is
so
,
but
he
doth
not
particularly
remember
it
,
for
it
is
a
great
while
since
he
saw
that
Warrant
:
but
,
it
is
matter
of
Record
,
and
if
he
sees
a
Copy
of
the
Warrant
,
he
shall
let
their
Lordships
know
,
whether
it
be
a
true
Copy
.
Being
prest
further
to
Answer
,
Upon
what
ground
it
was
made
?
And
,
whether
upon
an
Allegation
of
a
Consent
,
of
the
Lords
of
the
great
Council
?
He
Answered
,
That
he
cannot
further
Answer
than
before
:
he
doth
very
confidently
believe
it
to
be
so
;
for
,
he
doth
remember
,
my
Lord
of
Strafford
told
them
,
he
had
acquainted
the
Kings
Majesty
,
or
the
Lords
of
the
Great
Council
,
which
induced
them
to
put
them
into
the
preamble
of
the
Order
.
Being
yet
urged
to
answer
Categorically
.
He
Answered
,
That
he
verily
believes
my
Lord
did
so
;
and
that
under
favour
reaches
almost
to
a
knowledge
,
the
thing
is
so
notorious
,
that
the
thing
it self
may
be
known
.
Being
required
to
speak
his
knowledge
,
Whether
my
Lord
of
Strafford
told
them
,
the
Lords
had
Commanded
,
or
Consented
to
it
?
He
Answered
,
When
that
was
spoken
of
,
he
was
out
of
the
Room
,
and
it
was
drawn
by
Mr.
Rockley
a
Deputy
Lieutenant
;
but
,
Mr.
Rockley
told
him
my
Lord
did
say
so
.
Being
yet
again
prest
to
a
positive
Answer
(
Mr.
Maynard
observing
to
their
Lordships
,
That
when
a
Gentleman
is
brought
upon
his
Oath
in
a
Cause
of
this
Consequence
,
this
Dalliance
is
not
to
be
admitted
.
)
He
Answered
,
That
he
Answer'd
as
clearly
as
can
be
,
And
the
Gentlemen
will
not
press
him
beyond
his
knowledge
;
He
sayes
,
he
doth
confidently
believe
it
,
but
,
under
favour
he
was
not
at
that
time
in
the
Room
,
but
Mr.
Rockley
told
him
,
My
Lord
of
Strafford
had
acquainted
the
King
and
the
Great
Council
.
Mr.
Maynard
observing
,
That
now
he
speaks
less
then
before
;
and
desired
he
might
be
Interrogated
,
Whether
at
that
time
,
or
at
any
other
time
,
my
Lord
of
Strafford
told
him
,
The
Lords
of
the
Great
Council
had
assented
to
this
Levy
.
Which
being
proposed
;
He
Answered
,
He
doth
confidently
believe
my
Lord
did
it
;
It
may
be
proved
by
a
great
many
others
;
but
he
is
confident
of
this
,
as
of
any
thing
in
the
World
,
that
my
Lord
did
tell
them
,
when
they
went
to
draw
the
Warrant
,
That
my
Lord
had
acquainted
the
Lords
of
the
Great
Council
,
and
His
Majesty
,
and
that
he
did
it
by
their
Consent
;
and
,
therefore
they
put
it
into
the
Preamble
of
their
Order
.
Sir
Hen.
Griffin
Sworn
and
Interrogated
,
Whether
my
Lord
of
Strafford
said
,
The
Lords
of
the
Great
Council
had
consented
to
the
levying
of
Money
?
He
Answered
,
He
heard
my
Lord
say
so
indeed
(
or
else
they
had
not
William
Pennyman
,
and
Sir
Tho.
Danbies
Regiments
.
Being
Interrogated
,
In
what
manner
the
Money
was
to
be
Levyed
?
He
Answered
,
That
he
doth
not
know
in
what
manner
.
Being
Asked
(
on
my
Lord
of
Clares
Motion
)
What
he
meant
by
this
Direction
?
He
Answered
,
That
there
was
an
Order
made
from
all
them
that
were
Deputy-Lieutenants
,
and
my
Lord
of
Strafford
as
one
;
and
this
is
the
Order
concerning
the
levying
of
Money
for
the
two
Regiments
.
Being
Asked
(
on
Mr.
Glyns
Motion
)
Whether
my
Lord
of
Strafford
He
Answered
,
That
to
his
best
Remembrance
,
my
Lord
did
say
so
,
he
must
confess
.
Being
Asked
,
Whether
in
case
any
refused
to
pay
this
money
,
they
were
not
to
be
compelled
to
serve
in
person
?
He
Answered
,
There
was
such
a
Clause
in
the
Order
,
to
his
best
Remembrance
.
Mr.
Robert
Strickland
Sworn
,
and
Interrogated
,
Whether
my
Lord
of
He
Answered
,
Yes
.
It
cannot
be
deny'd
:
He
(
the
Examinant
)
gave
a
Copy
of
that
Order
,
when
the
last
Commissioners
were
at
Rippon
;
and
he
saw
a
Gentleman
even
now
behind
him
,
that
had
a
Copy
of
the
Order
and
Warrant
,
and
it
is
declared
,
that
it
was
done
by
the
Great
Council
of
the
Peers
.
Sir
Iohn
Burroughes
Sworn
and
Interrogated
,
Whether
he
knew
of
any
such
Warrant
,
or
Order
,
for
levying
money
for
those
two
Regiments
?
He
humbly
intreated
,
That
he
might
have
their
Lordships
direction
,
before
he
Answered
the
Question
;
for
,
their
Lordships
know
very
well
,
that
,
by
His
Majesties
Command
,
he
was
appointed
to
be
Clerk
or
Register
of
the
Great
Council
:
Moreover
,
he
conceives
,
That
(
by
his
duty
,
all
Orders
and
Resolutions
of
the
House
,
especially
those
that
concerned
third
Parties
,
without
asking
leave
)
he
was
to
deliver
to
the
parties
,
if
they
required
them
:
But
,
for
such
Debates
and
Arguments
,
as
were
used
in
the
Great
Council
,
to
and
again
,
between
their
Lordships
,
he
humbly
intreated
their
Lordships
Direction
,
Whether
he
should
publish
any
thing
of
them
or
no
?
And
,
upon
their
Lordships
Order
,
he
shall
clearly
,
and
with
all
integrity
,
deliver
the
truth
.
Being
permitted
by
their
Lordships
,
to
speak
to
the
Questions
propounded
.
He
proceeded
,
and
said
,
That
he
hath
very
good
cause
to
remember
,
that
upon
the
20th
of
October
,
he
went
to
my
Lords
Commissioners
for
the
Scotch
Treaty
at
Ripon
,
and
,
upon
that
day
,
there
were
two
prime
Gentlemen
of
those
parts
,
that
came
and
attended
the
Lords
,
he
thinks
,
about
business
of
their
own
,
and
,
he
supposes
,
only
to
tender
their
service
to
their
Lordships
;
That
,
amongst
some
other
Discourses
betwixt
the
Lords
and
them
,
they
mentioned
some
such
Order
as
this
was
,
concerning
the
relieving
of
the
two
Regiments
,
that
were
for
the
Guard
of
Richmondshire
,
and
some
other
of
those
parts
,
made
,
as
they
said
,
by
the
Great
Council
of
the
Peers
;
and
thereupon
,
that
themselves
,
my
Lord
of
Strafford
,
and
the
rest
of
the
Deputy-Lieutenants
,
had
granted
out
Warrants
,
for
the
Assessing
of
Money
for
the
relieving
of
those
Regiments
;
Those
that
heard
it
were
startled
at
the
Order
,
being
said
to
be
an
Order
of
the
Great
Council
;
and
commanded
him
(
the
Examinant
)
to
inform
them
,
Whether
he
knew
of
any
such
Order
?
he
told
them
,
He
remembers
not
any
such
Order
,
and
was
confident
he
never
drew
up
any
,
because
he
never
heard
any
mention
of
those
two
Regiments
in
the
Great
Council
.
Their
Lordships
asking
him
,
whether
he
was
sure
of
it
?
he
told
their
Lordships
he
would
look
on
his
Notes
,
and
faithfully
inform
them
how
the
case
stood
,
he
did
so
,
and
came
back
to
their
Lordships
,
and
told
them
he
found
nothing
in
his
Notes
of
these
Regiments
;
and
while
he
was
there
,
he
was
confident
no
Order
was
drawn
up
;
It
is
true
,
(
he
told
their
Lordships
)
some
Order
might
be
drawn
up
,
when
he
was
absent
,
for
he
was
first
at
Ripon
,
and
at
York
he
was
oftentimes
employed
in
the
Committee
to
write
Letters
and
Orders
,
and
what
was
done
in
his
absence
,
he
could
give
no
answer
to
;
but
confident
he
was
,
no
Order
was
made
before
the
20th
of
October
by
him
,
or
in
his
hearing
or
knowledge
.
Hereupon
the
Lords
desired
those
two
Gentlemen
,
to
give
them
Copies
of
the
Warrants
they
had
sent
out
,
And
that
he
(
the
Examinant
)
should
take
their
Testimony
,
which
he
did
;
this
was
the
Twentieth
or
Twenty
seventh
of
October
,
which
was
the
last
day
of
the
Great
Council
of
the
Peers
.
My
Lord
of
Strafford
in
Council
then
did
take
notice
,
that
some
such
thing
had
been
done
at
Ripon
,
and
then
said
to
my
Lord
,
that
he
did
conceive
he
had
the
Kings
Order
,
and
their
Lordships
Approbation
,
for
the
issuing
out
of
this
Warrant
.
But
,
since
,
he
conceived
their
Lordships
disliked
it
,
he
had
taken
Copies
of
it
,
he
was
very
willing
to
withdraw
these
Warrants
;
And
,
on
Debate
,
there
was
nothing
more
done
;
For
his
part
,
he
never
drew
up
an
Order
,
nor
was
he
commanded
to
draw
it
up
.
Being
Asked
(
on
my
Lord
of
Straffords
Motion
)
Whether
on
that
last
day
,
His
Majesty
was
not
pleased
to
say
in
the
Council
,
That
what
the
Earl
of
Strafford
did
in
that
Affair
,
was
with
His
consent
?
He
Answered
,
It
is
true
,
He
did
give
his
consent
to
it
,
and
commanded
him
to
go
on
with
it
;
when
he
(
the
Earl
of
Strafford
)
desired
,
if
any
thing
were
amiss
in
it
,
he
might
call
back
his
Warrant
again
,
and
that
he
might
easily
do
it
,
and
no
hurt
would
come
of
it
;
and
,
whether
His
Majesty
did
thereupon
affirm
,
that
my
Lord
of
Strafford
had
formerly
acquainted
Him
with
it
,
and
He
Commanded
him
to
go
on
?
He
Answered
,
That
it
is
very
true
,
My
Lord
Deputy
appealed
to
the
King
,
Whether
he
had
not
His
Majesties
Approbation
and
Order
for
it
?
and
,
the
King
said
,
He
did
acquaint
Him
with
it
before
the
Lords
;
But
not
(
to
his
Knowledge
)
that
He
commanded
him
to
proceed
.
Being
Asked
(
on
my
Lord
of
Essex
motion
)
Whether
some
of
the
Lords
did
not
take
exception
at
the
Warrant
,
and
likewise
thought
fit
,
it
should
be
called
in
again
?
He
Answered
,
That
the
Vote
generally
of
the
Lords
was
against
the
Warrant
;
but
,
he
remembers
not
any
thing
said
for
the
recalling
of
it
;
but
,
they
absolutely
declined
the
making
of
any
such
Warrant
.
Being
Asked
(
on
my
Lord
of
Straffords
motion
)
Whether
it
was
Voted
or
no
?
He
Answered
,
That
it
was
spoken
to
by
several
of
my
Lords
,
but
all
declined
it
.
Being
Asked
,
Whether
he
had
the
Warrant
,
or
a
true
Copy
of
it
?
He
Answered
,
He
hath
a
Copy
of
that
which
was
delivered
him
,
by
the
two
Gentlemen
that
were
then
at
Ripon
,
and
their
hands
are
to
it
,
to
attest
it
;
and
,
he
saw
them
set
their
hands
to
it
himself
.
Being
bid
to
name
the
two
Gentlemen
.
He
said
,
They
were
Mr.
Robert
Strickland
,
and
Mr.
Mallard
,
Who
did
affirm
,
That
,
to
the
best
of
their
remembrance
,
this
is
a
true
Copy
of
the
Warrant
,
sent
out
to
the
several
Divisions
.
To
prove
Execution
by
force
,
Mr.
Henry
Cholmeley
Interrogated
,
What
he
heard
the
Earl
of
Strafford
say
,
touching
the
Vice-Presidents
issuing
of
Warrants
?
He
Answered
,
That
shortly
after
my
Lord
of
Straffords
coming
to
William
Dowsen
Sworn
,
and
Interrogated
,
How
he
hath
known
those
moneys
for
the
Trained-Bands
,
levyed
?
He
Answered
,
(
His
Answer
being
commanded
by
the
Clark
,
the
Witnesses
William
Pennyman
,
came
with
Four
Musketiers
to
the
Lordship
of
Egton
,
and
sent
them
for
Assessors
,
and
when
the
Assessors
came
,
they
were
importuned
to
have
them
Assess
(
for
they
had
been
unwilling
to
Assess
)
and
,
if
they
would
not
,
they
should
answer
it
before
my
Lord
General
,
and
then
they
consented
to
Assess
;
and
he
shewed
a
Warrant
from
Sir
William
Pennyman
,
and
gave
it
to
the
Constable
for
the
Collection
of
the
Money
.
Being
Asked
,
Whether
he
threatned
,
That
he
should
serve
in
person
,
if
he
did
not
pay
?
He
Answered
,
Yes
,
by
Serjeant-Major
Yaworth
,
and
so
he
served
under
Sir
William
Pennymans
Regiment
.
Being
Asked
(
on
my
Lord
of
Straffords
motion
)
Whether
he
saw
any
Warrant
of
his
?
He
Answered
,
No.
Being
Asked
,
Whether
the
Four
Musketiers
did
not
go
along
with
the
Constable
,
from
place
to
place
to
levy
the
money
?
He
Answered
,
Two
Musketiers
went
with
every
Constable
to
levy
it
.
William
Pierson
Sworn
,
and
Interrogated
,
Whether
Four
Musketiers
,
or
Soldiers
,
did
not
come
to
Collect
this
Money
?
He
Answered
,
Yes
.
And
he
saw
them
in
the
Town
,
go
altogether
Being
Interrogated
,
By
what
Warrant
?
He
Answered
,
That
he
did
see
a
Warrant
that
was
receiv'd
from
Captain
Yaiworth
,
under
Sir
William
Pennymans
hand
,
and
he
saw
his
name
at
it
.
Sir
William
Ingram
Sworn
,
and
Interrogated
,
What
he
hath
heard
my
Lord
of
Strafford
say
,
touching
this
business
of
levying
Money
?
and
,
What
condition
they
were
in
that
deny'd
to
pay
it
?
He
Answered
,
That
soon
after
the
Trained-Bands
were
Commanded
Sir
Harry
Griffin
being
Interrogated
,
Whether
my
Lord
of
Strafford
sent
not
Messengers
to
them
,
that
refused
to
pay
this
Money
Assessed
?
He
Answered
,
That
indeed
he
doth
not
know
of
any
thing
concerning
William
Pennyman
,
and
Sir
Thomas
Danby
;
but
,
for
his
own
,
he
can
speak
,
That
about
the
latter
end
of
August
last
,
he
was
commanded
by
the
Sergeant
Mayor-General
of
the
Trained-Bands
,
to
advance
his
Regiment
;
and
,
assoon
as
they
were
advanced
,
there
issued
forth
assessments
for
a
whole
Monthes
pay
,
for
his
whole
Regiment
;
and
,
on
this
Warrant
he
received
300
l.
or
thereabouts
,
but
more
they
would
not
,
nor
could
not
pay
;
whereupon
he
went
to
my
Lord
of
Strafford
,
and
told
him
,
He
could
not
keep
his
Companies
together
without
Money
;
and
my
Lord
bid
him
go
back
to
his
Regiment
,
and
he
would
take
a
Course
,
and
my
Lord
did
grant
forth
his
Warrant
,
and
on
that
was
pleased
to
send
a
Messenger
(
as
he
thinks
)
to
the
Constable
,
to
whom
it
was
directed
,
and
the
Messengers
went
from
Constable
to
Constable
,
and
all
was
paid
.
Being
asked
(
on
my
Lord
of
Straffords
motion
)
whether
it
were
paid
voluntarily
?
He
Answered
,
They
were
for
ought
he
knows
.
Sir
Hugh
Cholmley
being
Interrogated
(
on
Mr.
Maynards
motion
)
of
what
Quality
those
persons
were
,
that
staid
with
my
Lord
of
Strafford
,
and
joyned
in
the
latter
Petition
?
and
,
Whether
many
of
them
were
not
Recusants
?
He
Answered
,
That
there
were
some
of
them
Gentlemen
of
very
good
And
so
Mr.
Maynard
said
,
they
should
leave
this
Article
a
while
,
in
expectation
My
Lord
of
Strafford
,
after
some
time
granted
him
to
recollect
his
Notes
,
made
his
Defence
in
substance
as
follows
.
And
First
,
he
desired
leave
to
read
the
Charge
,
and
their
Lordships
He
read
the
27th
Article
.
That
in
or
about
the
moneth
of
August
last
,
&c.
His
Lordship
craved
liberty
to
dissent
from
that
worthy
Gentleman
that
spoke
last
,
who
in
his
opinion
,
is
very
much
mistaken
,
who
was
pleased
to
say
,
That
all
was
fully
proved
;
for
he
conceives
,
little
or
nothing
is
proved
as
to
him
.
That
he
might
give
their
Lordships
the
clear
satisfaction
,
he
desired
to
go
on
in
their
own
Order
;
and
as
the
Proofs
were
offered
,
he
shall
offer
his
Answers
.
The
First
thing
spoken
of
,
is
a
Petition
drawn
up
by
certain
Gentlemen
,
whereby
they
did
offer
a
months
pay
to
the
Trained-Bands
,
which
Petition
was
shewed
the
Defendant
,
and
was
refused
by
him
to
be
delivered
,
and
the
Reason
assigned
is
,
because
in
the
latter
part
there
is
contained
a
Petition
for
calling
of
a
Parliament
,
and
that
is
laid
to
him
as
a
Crime
,
but
where
it
is
,
he
doth
not
find
,
and
when
he
doth
,
he
shall
answer
and
acknowledge
it
.
He
acknowledged
there
was
such
a
Petition
,
and
that
it
was
shewed
to
him
,
and
having
not
been
acquainted
with
it
formerly
,
he
remembers
very
well
,
he
desired
to
be
excused
from
medling
with
it
;
for
having
the
Honor
at
that
time
to
be
the
Kings
Lieutenant
of
the
County
;
besides
that
,
he
was
Lieutenant-General
of
the
Army
,
and
having
some
poor
share
there
,
though
not
so
great
as
other
men
,
he
thought
it
very
strange
,
that
when
the
King
had
appointed
them
on
Tuesday
to
meet
together
,
and
advise
how
his
service
might
be
complyed
with
,
they
should
at
a
private
meeting
after
Supper
,
resolve
of
this
Petition
,
and
never
make
him
so
much
as
acquainted
with
it
;
And
where
he
was
made
so
great
a
stranger
in
the
beginning
of
the
business
,
he
appeals
to
their
Lordships
whether
he
had
reason
to
be
over
officious
,
to
serve
them
in
the
conclusion
.
He
acknowledges
the
Petition
was
delivered
him
,
and
on
the
reading
of
it
,
when
he
heard
that
clause
,
of
moving
the
King
for
a
Parliament
,
he
disadvised
it
,
and
desired
to
be
excused
concerning
it
,
not
so
fitting
at
that
time
,
nor
for
them
on
such
an
occasion
:
and
therefore
it
might
be
left
out
,
or
a
course
taken
to
deliver
it
by
some
other
hand
than
his
;
and
he
trusts
it
is
no
offence
,
for
which
he
is
any
way
punishable
,
to
reserve
that
Christian
Liberty
in
his
own
opinion
,
that
he
sees
cause
for
,
when
it
may
be
done
without
breach
of
any
Law
penal
,
or
good
manners
,
his
Liberty
being
as
free
then
to
himself
,
as
to
them
.
But
it
was
not
out
of
any
unwillingness
the
Parliament
should
be
called
;
upon
which
they
should
pinch
him
;
and
make
their
Lordships
and
the
Gentlemen
think
him
averse
from
Parliaments
,
for
he
did
tell
them
at
that
time
,
he
was
confident
there
would
be
a
Parliament
;
and
that
on
the
coming
together
of
the
Great
Council
of
the
Peers
,
he
did
conceive
His
Majesty
would
be
pleased
to
call
a
Parliament
;
and
that
their
Petition
would
neither
further
nor
hinder
it
,
and
therefore
it
might
be
forborn
,
and
the
King
left
in
his
Acts
of
Grace
to
his
People
,
that
he
might
have
all
the
Honor
of
it
to
himself
;
and
that
it
should
rise
out
of
his
Own
Goodness
,
and
Royal
Breast
,
not
as
advised
to
it
on
the
desire
of
any
body
else
;
and
therefore
he
thought
not
fit
that
that
should
be
put
into
the
Petition
,
not
out
of
a
desire
to
avoid
Parliaments
;
for
it
is
well
enough
known
,
(
and
if
need
were
)
he
could
justify
himself
in
it
,
that
no
poor
servant
the
King
had
,
was
more
forward
,
nor
ready
,
nor
willing
to
advise
the
calling
of
this
Parliament
,
than
he
was
:
but
he
shall
ever
conceive
it
fit
in
this
case
,
to
reserve
the
Honor
of
the
Kings
Grace
and
Favour
,
as
much
as
may
be
to
himself
,
and
not
direct
it
to
any
other
hand
whatsoever
,
and
did
then
(
as
always
)
as
much
as
he
could
,
apply
the
thanks
of
the
People
to
the
King
his
Master
,
and
assume
nothing
to
himself
.
But
this
he
conceives
no
crime
,
and
therefore
he
shall
not
need
to
trouble
their
Lordships
with
proof
of
it
,
there
being
20
Gentlemen
in
the
room
(
he
dares
say
)
that
will
justifie
him
in
this
particular
.
They
come
then
and
speak
of
a
second
message
,
to
have
been
delivered
by
him
to
His
Majesty
at
York
;
hereby
he
is
charged
to
have
imposed
a
Tax
without
lawful
Warrant
;
he
humbly
affirms
,
and
trusts
,
he
shall
manifestly
prove
it
,
that
the
thing
was
yielded
to
by
their
own
universal
Assent
,
and
that
it
was
levied
by
their
own
voluntary
Will
;
and
that
there
was
nothing
of
force
from
the
beginning
to
the
ending
of
the
business
;
for
if
he
had
dealt
in
that
manner
,
he
had
been
much
to
blame
,
tho
as
he
stood
then
qualified
,
he
thinks
himself
not
punishable
for
it
.
On
Debate
of
the
business
,
not
above
three
or
four
dissented
,
tho
there
were
Two
hundred
present
,
they
were
perswaded
and
convinced
,
it
was
just
and
necessary
to
contribute
,
and
most
of
them
that
did
dissent
,
have
been
examined
before
their
Lordships
;
but
they
did
absolutely
and
totally
lay
aside
their
Petition
,
and
gave
him
Commission
only
in
words
,
to
signify
to
His
Majesty
,
that
they
were
most
willing
and
ready
to
contribute
the
pay
of
a
Month
,
for
maintainance
of
the
Trained-Bands
,
and
that
he
did
faithfully
deliver
.
And
whereas
it
is
said
they
are
Papists
,
he
shall
name
persons
as
free
from
that
Tax
,
as
any
men
in
the
Shire
,
who
did
give
their
consent
,
and
he
named
divers
of
them
.
To
prove
that
he
did
nothing
by
force
,
but
by
unanimous
consent
of
all
.
Sir
Paul
Neal
was
first
called
,
and
being
Interrogated
,
Whether
the
Petition
Signed
by
the
Lord
Wharton
,
and
the
rest
,
was
not
by
the
major
of
the
Gentlemen
there
declined
and
laid
aside
?
He
Answered
,
That
he
was
amongst
divers
others
,
present
at
this
meeting
Being
asked
,
what
number
there
was
of
the
company
,
that
were
willing
to
wave
the
Petition
?
He
Answered
,
That
the
Hall
was
very
full
;
he
cannot
give
account
of
a
certain
number
,
nor
knew
the
subscription
of
the
Petition
,
for
till
now
he
remembers
not
,
that
ever
he
heard
the
particular
names
read
;
but
there
was
,
he
thinks
200
Gentlemen
of
several
ranks
.
Being
asked
whether
it
was
not
the
voluntary
consent
of
them
all
,
that
a
months
entertainment
should
be
allowed
the
Trained
Bands
?
He
Answered
,
That
he
conceives
the
consent
was
given
no
fuller
nor
larger
,
but
just
the
same
as
in
the
Petition
,
saving
that
one
clause
.
Which
Mr.
Maynard
observed
,
went
not
further
than
to
promise
an
endeavor
.
Sir
Paul
Neal
being
Interrogated
,
whether
the
Money
was
not
voluntarily
paid
all
over
the
Countrey
,
for
the
months
entertainment
,
with
force
or
violence
?
He
Answered
,
he
can
give
no
answer
to
that
,
having
nothing
to
do
in
the
Countrey
as
Deputy-Lieutenant
,
or
Officer
,
and
other
than
he
heard
by
discourse
,
he
cannot
speak
of
his
knowledge
,
Being
asked
(
on
Mr.
Glyns
motion
)
Whether
the
major
part
of
them
that
Signed
the
Petition
,
did
wave
it
?
He
Answered
,
That
he
conceives
he
gave
an
Answer
to
that
before
,
for
he
remembers
not
,
that
till
this
day
,
he
ever
knew
the
names
of
the
Gentlemen
that
subscribed
it
,
but
only
an
attestation
,
that
about
100
had
subscribed
,
and
whether
the
major
part
of
those
were
present
,
he
doth
not
know
.
Being
asked
(
on
my
Lord
of
Straffords
motion
)
Whether
he
did
not
know
divers
of
them
that
Signed
the
Petition
,
declared
themselves
for
the
waving
of
it
?
He
Answered
,
He
did
not
know
who
had
Signed
it
,
and
who
not
,
saving
only
some
Gentlemen
speaking
in
the
debate
,
did
declare
,
that
they
in
particular
had
Signed
it
,
and
did
recede
from
it
.
Being
asked
what
he
meant
when
he
said
,
that
not
above
halfe
a
score
went
to
the
negative
of
the
Message
?
He
Answered
,
That
he
meant
it
of
them
that
were
in
the
Hall
.
Sir
Edward
Osborne
was
called
to
be
a
Witness
for
my
Lord
of
Strafford
,
but
Mr.
Maynard
excepted
against
his
being
examined
,
as
being
one
of
them
that
sent
out
the
Warrant
,
for
paying
Money
on
pain
of
death
,
and
as
Sir
William
Pennyman
would
have
declined
answering
any
thing
of
his
own
Act
,
as
concerning
himself
,
so
it
was
desired
this
Gentleman
might
not
be
examined
to
the
justification
of
himself
by
saying
,
the
Money
was
levied
by
consent
.
But
Sir
Edward
alledged
to
their
Lordships
,
That
there
is
particular
complaint
in
the
Petion
against
his
Warrant
,
and
therefore
it
was
issued
long
before
the
Petition
presented
.
After
some
further
debate
,
the
Examination
of
him
was
resolved
upon
.
Sir
Edward
Osborne
being
Interrogated
,
Whether
the
major
part
of
them
that
subscribed
the
Petition
,
and
were
present
at
the
second
meeting
,
did
not
decline
the
Petition
?
He
Answered
,
That
he
cannot
say
the
major
part
of
them
that
subscribed
the
Petition
,
did
dissent
openly
in
the
Hall
,
for
he
thinks
many
of
them
were
gone
out
of
Town
,
but
he
is
sure
,
the
Being
asked
,
Whether
many
that
had
subscribed
the
Petition
,
did
not
declare
they
would
not
wave
it
,
and
go
the
other
way
?
He
Answered
,
There
were
some
that
did
indeed
,
but
he
doth
not
know
how
many
,
Sir
Edward
Robinson
in
particular
,
and
gave
his
reasons
for
it
,
Sir
Richard
Hutton
and
some
others
.
Being
asked
,
how
many
Gentlemen
he
thinks
were
present
at
that
meeting
?
He
Answered
,
The
Hall
was
very
full
,
and
there
were
Gentlemen
,
Freeholders
and
others
,
to
the
number
of
300
,
as
near
as
he
could
imagine
.
Being
asked
,
Whether
that
was
not
the
place
and
time
appointed
by
the
King
,
for
the
Countrey
to
meet
and
Treat
about
the
business
?
He
Answered
,
Yes
,
it
was
so
,
by
His
Majesties
special
Command
,
the
day
before
.
Being
asked
,
whether
my
Lord
of
Strafford
did
not
go
to
the
Mannor
,
and
many
Gentlemen
with
him
,
and
delivered
their
Message
to
the
King
faithfully
and
justly
,
as
he
had
in
Commission
to
do
,
and
no
otherwise
?
He
Answered
,
That
according
to
their
desire
to
his
Lordship
,
he
went
presently
to
the
Mannor
;
and
they
all
attended
him
,
but
he
could
not
hear
the
Message
delivered
,
the
croud
was
so
great
.
Being
asked
(
on
Mr.
Maynards
motion
)
whether
there
was
any
difference
between
the
Message
and
Petition
,
but
only
the
leaving
out
the
last
clause
touching
the
Parliament
?
He
Answered
,
Truly
No
,
but
the
principal
things
he
took
notice
of
,
was
a
Months
pay
.
Being
asked
(
on
Mr.
Palmers
motion
)
of
what
quality
they
were
that
were
in
the
Hall
,
whether
not
some
that
came
to
gaze
only
,
and
not
prosecute
the
matter
of
the
Petition
?
He
Answered
,
That
it
is
impossible
for
him
to
see
through
the
bodies
of
men
;
but
there
were
not
many
of
inferior
quality
that
he
knew
;
but
had
he
time
to
do
it
,
they
should
make
a
Catalogue
of
as
many
Gentlemen
and
Freeholders
,
as
set
their
Hand
to
the
Petition
:
but
he
cannot
see
in
such
a
room
as
this
,
whether
there
be
Serving-men
,
or
Aprentizes
in
a
croud
.
To
which
Mr.
Maynard
answered
,
much
less
can
he
hear
it
.
Sir
William
Pennyman
Interrogated
,
whether
the
Petition
deliver'd
by
my
Lord
Wharton
,
was
by
the
major
part
of
the
Gentlemen
that
met
,
according
to
the
Kings
appointment
,
at
the
place
proper
for
the
business
,
declined
?
And
whether
they
did
not
declare
their
consent
to
a
Months
pay
,
and
that
my
Lord
of
Strafford
should
deliver
the
Message
by
word
of
mouth
?
He
Answered
,
That
the
major
part
did
decline
the
delivery
of
the
Petition
,
Being
asked
,
whether
divers
that
Signed
it
,
did
not
decline
it
?
He
Answered
,
That
divers
that
set
their
Hands
to
the
Petition
did
retract
it
,
whereof
he
himself
was
one
,
and
divers
other
Members
of
the
House
,
whom
he
offered
to
name
,
if
their
Lordships
required
it
,
but
that
their
Lordships
did
not
think
fit
to
direct
.
Being
asked
,
Whether
my
Lord
of
Strafford
did
not
faithfully
and
rightfully
present
to
His
Majesty
,
the
Message
,
he
was
intrusted
with
?
He
Answered
,
That
he
was
one
of
them
that
went
with
my
Lord
,
but
was
in
the
same
condition
with
Sir
Edward
Osborne
,
for
the
crowd
was
so
great
that
he
could
not
come
to
hear
.
Where
my
Lord
of
Strafford
desired
their
Lordships
to
take
notice
,
that
Being
asked
(
on
Mr.
Maynards
motion
)
Whether
there
was
to
be
any
difference
,
between
what
was
to
be
delivered
to
the
King
,
and
that
contained
in
the
Petition
,
the
last
Clause
excepted
?
He
Answered
,
That
he
conceives
nothing
was
to
be
omitted
,
but
only
that
of
the
Parliament
.
Being
asked
(
on
the
Lord
Whartons
motion
)
Whether
he
and
another
He
Answered
,
That
he
did
,
and
they
did
come
,
and
it
was
purposely
,
Being
asked
,
whether
he
was
not
directed
to
acquaint
my
Lord
of
Strafford
with
the
Petition
,
and
whether
he
brought
back
word
about
the
time
of
attending
?
He
Answered
,
It
is
true
he
did
,
but
he
knows
not
whether
he
brought
it
on
a
Message
from
my
Lord
.
Being
urged
to
Answer
that
positively
,
Whether
he
brought
it
as
a
Message
from
my
Lord
.
He
Answered
,
That
it
may
very
well
be
he
did
,
he
thinks
he
did
;
but
he
added
,
in
effect
his
desire
was
to
know
,
what
the
Question
tended
to
.
Mr.
Maynard
thereupon
desired
of
their
Lordships
,
that
a
Witness
And
Mr.
Glyn
observed
,
that
my
Lord
of
Strafford
had
several
times
And
Mr.
Maynard
added
,
that
they
desire
only
that
the
Witness
may
But
my
Lord
of
Strafford
conceived
it
a
very
fitting
Question
for
the
Being
required
to
answer
positively
,
whether
he
brought
that
Message
from
my
Lord
of
Strafford
,
touching
the
time
of
delivering
the
Petiton
?
He
Answered
,
That
he
did
.
My
Lord
of
Strafford
here
offered
to
their
Lordships
,
that
he
conceives
this
Question
not
material
to
him
,
he
was
then
extream
sick
,
and
in
his
sick
Bed
,
when
he
should
send
this
Message
;
and
that
truly
,
he
was
never
in
such
height
of
incivility
towards
any
man
alive
of
a
far
meaner
Quality
than
my
Lord
Wharton
,
as
to
send
them
word
,
they
should
attend
him
at
such
an
hour
,
he
knows
what
belongs
to
my
Lord
Wharton
,
and
what
to
himself
,
much
better
,
than
to
send
for
,
or
expect
any
attendance
from
his
Lordship
.
Sir
William
Savill
being
Interrogated
,
whether
the
Petition
Signed
as
aforesaid
,
was
not
absolutely
by
the
major
part
of
them
in
the
Hall
declined
,
and
voted
,
that
it
should
not
be
delivered
?
He
Answered
,
That
he
was
there
,
and
by
the
major
part
of
the
Being
asked
,
Whether
there
were
not
divers
that
Signed
it
,
who
did
afterwards
retract
it
?
And
whether
himself
did
not
?
He
Answered
there
were
,
and
that
he
himself
Signed
the
former
Petition
,
and
then
it
came
to
be
disputed
before
them
,
whether
they
should
retract
it
or
no
?
he
was
against
the
retracting
of
it
,
and
many
delivered
Votes
against
it
,
under
10
he
believes
,
and
for
his
own
part
he
said
nothing
to
it
;
but
it
was
carried
so
clearly
by
the
opinion
of
them
present
,
that
he
went
along
with
a
great
number
of
Gentlemen
,
that
went
with
my
Lord
to
the
King
,
and
he
heard
my
Lord
faithfully
deliver
the
substance
of
the
Petition
in
every
thing
,
and
with
more
advantage
to
them
than
the
Petition
was
drawn
,
except
the
business
of
the
Parliament
.
Being
asked
,
whether
part
of
it
was
not
the
consent
to
a
months
pay
of
the
Trained
Bands
?
He
Answered
,
That
he
verily
believes
it
was
the
intention
of
them
all
,
that
a
months
pay
should
be
paid
to
the
Soldiers
of
the
Countrey
,
and
the
months
pay
was
paid
.
Being
asked
,
Whether
it
was
not
willingly
and
voluntarily
paid
in
every
place
without
constraint
,
to
his
knowledge
?
He
Answered
,
That
in
that
part
where
he
lived
,
no
body
denyed
whatsoever
was
asked
,
so
there
was
no
pressing
of
any
body
to
pay
a
penny
,
nor
complaint
of
any
body
for
want
of
Money
.
Sir
William
Pennyman
being
asked
to
the
said
last
point
?
He
Answered
,
That
it
was
with
a
agreat
deal
of
alacrity
and
cherfulness
,
and
he
heard
no
man
repine
at
it
,
then
nor
since
.
Sir
Edward
Osborne
Interrogated
to
that
Point
?
Answered
,
He
never
knew
of
any
forcible
course
to
make
men
pay
it
,
Sir
William
Savill
being
Interrogated
,
How
many
of
them
that
set
their
hands
to
the
Petition
,
did
Vote
against
it
?
He
Answered
,
That
there
were
of
them
that
set
their
hands
to
the
Francis
Worteley
,
Sir
Thomas
Danby
,
Sir
George
Wentworth
of
Wolley
(
as
he
thinks
)
and
Sir
Edward
Rhodes
.
Sir
Edward
Rhodes
Interrogated
,
Whether
the
Country
did
intrust
my
Lord
of
Strafford
,
to
deliver
a
Message
to
His
Majesty
,
declaring
their
consent
to
a
Moneths
pay
,
&c.
He
Answer'd
,
That
after
long
debate
,
Whether
the
Petition
should
Being
Asked
what
number
of
Gentlemen
were
in
the
Hall
?
and
,
Whether
that
was
not
the
place
appointed
for
the
County
,
to
Consult
about
the
business
?
He
Answered
,
That
he
thinks
that
there
was
300
at
the
least
,
of
the
one
and
the
other
;
and
for
the
place
and
time
,
it
was
both
the
place
and
time
,
and
that
was
an
Exception
my
Lord
of
Strafford
took
,
but
he
was
not
fairly
dealt
withal
,
that
in
regard
His
Majesty
gave
direction
,
that
at
such
a
time
,
and
such
a
place
,
my
Lord
President
(
by
that
name
His
Majesty
was
pleased
to
call
him
)
and
the
Gentlemen
of
the
Countrey
should
consider
the
business
;
my
Lord
thought
much
a
Petition
should
be
drawn
without
his
Consent
,
and
that
the
business
should
be
Concluded
before
the
time
,
and
from
the
place
of
debate
.
Being
Asked
,
How
many
dissented
from
this
Court
?
He
Answered
,
He
thinks
not
above
20
,
if
there
were
so
many
.
Being
Asked
,
Whether
diverse
that
signed
the
Petition
,
did
not
retract
it
?
and
,
amongst
the
rest
,
himself
?
He
Answered
,
Diverse
did
retract
it
;
and
,
himself
gave
his
voice
for
the
waving
of
it
:
but
,
he
cannot
say
he
retracted
it
,
for
his
hand
was
not
to
the
Petition
.
Being
Asked
,
Whether
my
Lord
of
Strafford
had
not
Commission
from
the
County
,
to
offer
a
full
moneths
pay
of
the
Trained-Bands
?
He
Answered
,
It
was
the
desire
of
the
Country
,
That
his
Lordship
would
be
pleased
to
entreat
His
Majesty
,
to
accept
of
a
moneths
pay
,
being
desired
by
the
King
.
Being
Asked
,
Whether
they
were
not
willing
to
pay
it
in
that
part
of
the
Country
,
where
he
lives
?
He
Answered
,
That
where
he
served
as
Deputy-Lieutenant
,
he
knows
not
of
one
man
that
Complained
,
or
shew'd
unwillingness
,
or
any
difference
,
but
only
in
the
proportion
between
man
and
man
.
Being
Asked
,
Whether
my
Lord
of
Strafford
did
not
faithfully
relate
the
Message
to
the
King
,
according
to
the
Commission
the
Country
gave
him
?
He
Answered
,
That
he
conceives
he
did
it
most
faithfully
,
and
with
great
advantage
to
the
Country
.
Sir
Tho.
Danby
being
Interrogated
to
the
matter
of
the
Petition
,
and
the
declining
of
it
;
the
Consenting
of
a
Moneths
pay
;
the
Cheerfulness
in
paying
of
it
.
He
Answered
.
That
the
Petition
was
delivered
.
That
the
Money
was
paid
with
a
great
deal
of
cheerfulness
.
That
they
were
content
to
come
to
a
Moneths
pay
.
That
he
heard
of
no
man
that
declared
to
deny
it
.
Being
Asked
(
on
Mr.
Maynards
motion
)
Whether
any
other
direction
was
given
for
the
Message
,
besides
the
Petition
,
the
last
clause
excepted
?
He
Answered
,
That
one
taken
off
,
my
Lord
was
to
deliver
the
Substance
of
the
Petition
.
Being
Asked
(
on
Mr.
Maynards
motion
)
Whether
there
were
not
two
Trained-Soldiers
hang'd
up
,
for
Mutyning
for
want
of
Pay
?
Mr.
Maynard
thence
observing
,
That
if
they
had
been
well
paid
,
there
He
Answered
,
That
he
cannot
Answer
to
that
without
some
prejudice
to
himself
;
he
being
question'd
for
hanging
men
by
Martial-Law
.
Sir
George
Wentworth
of
Wolley
being
Interrogated
,
Whether
he
was
not
present
at
the
Hall
,
where
the
Petition
was
spoke
of
?
and
,
Whether
a
moneths
pay
was
not
consented
to
?
He
Answered
,
He
was
present
,
and
the
Petition
was
declined
by
the
Major
number
;
there
was
a
great
number
in
the
Hall
,
and
my
Being
Asked
,
Whether
my
Lord
of
Strafford
had
authority
to
acquaint
the
King
,
There
should
be
a
Moneths
pay
?
He
Answered
,
Yes
:
and
,
the
place
of
Debating
was
the
Common-Hall
;
and
,
diverse
that
signed
the
former
Petition
,
did
retract
it
,
and
himself
was
one
of
them
.
Being
Asked
,
Whether
the
Money
was
not
paid
willingly
by
every
man
,
without
Force
and
Constraint
?
He
Answered
,
That
he
was
a
Collonel
,
and
it
was
paid
him
very
well
.
The
next
thing
my
Lord
of
Strafford
observed
,
was
,
concerning
a
Warrant
William
Pennyman
,
and
Sir
Tho.
Danby
.
If
in
any
thing
in
his
Answer
he
be
mistaken
,
he
had
rather
submit
it
than
dispute
it
;
and
,
if
it
please
their
Lordships
to
favour
him
so
far
,
he
will
,
as
near
as
he
can
,
tell
every
thing
that
passed
;
and
,
he
hopes
,
diverse
of
their
Lordships
will
remember
a
great
part
of
it
.
It
is
very
true
,
before
this
moneth
was
ended
,
(
he
is
sure
within
it
)
the
King
Licensed
all
the
Trained-Bands
to
go
home
again
,
save
the
two
Regiments
,
one
for
Richmondshire
,
and
the
other
for
Cleaveland
,
which
,
by
His
Majesties
express
Command
,
and
Council
of
War
,
were
required
,
one
to
remain
at
Yaram
,
the
other
in
Richmondshire
,
to
preserve
them
from
those
of
the
other
side
.
Sir
William
Pennyman
and
some
others
finding
,
that
by
this
means
these
Regiments
continuing
in
pay
,
fell
to
be
grievous
to
that
part
of
the
Hundred
;
Those
two
Hundreds
,
or
Weapontakes
acquainted
him
(
the
Earl
of
Strafford
)
with
it
,
out
of
no
particular
end
in
the
World
,
but
that
with
Equality
and
Justice
in
that
common
misfortune
,
they
might
all
bear
the
Common
Burden
.
Divers
of
their
Lordships
being
there
at
Rippon
,
he
did
humbly
present
to
the
King
,
before
the
Great
Council
of
my
Lords
at
Yorke
,
That
he
conceived
if
the
whole-Charge
of
those
two
Regiments
should
lie
on
those
two
Hundreds
,
it
would
impoverish
and
undoe
them
;
and
therefore
he
conceived
it
Justice
and
Reason
,
that
the
rest
of
the
County
should
contribute
towards
the
Charge
(
the
benefit
being
common
to
all
)
or
else
they
should
successively
relieve
those
Regiments
,
that
the
burden
of
all
might
lie
equal
on
all
.
This
was
his
intention
,
and
he
hopes
it
was
fair
,
and
if
not
as
it
ought
to
be
,
yet
it
was
done
with
a
very
good
heart
,
and
justly
intended
:
This
he
moving
at
that
time
,
His
Majesty
was
pleased
to
assent
to
it
,
and
lik'd
it
very
well
,
and
gave
direction
he
should
proceed
;
whereupon
he
said
,
Then
if
my
Lords
approve
of
it
,
he
shall
see
it
done
accordingly
.
There
were
diverse
of
the
Lords
then
said
yes
;
and
thereupon
he
took
it
for
granted
,
that
it
was
their
Consent
.
If
in
this
he
did
mistake
,
of
their
Lordships
,
he
humbly
craves
their
pardon
,
it
being
far
from
him
to
prejudice
any
man
living
in
that
relation
,
and
,
that
it
was
so
,
he
thinks
a
Noble
Peer
,
then
present
,
(
viz.
my
Lord
of
St.
Albanes
)
will
remember
,
that
diverse
on
the
Motion
did
say
,
yes
;
and
thereupon
he
took
it
to
be
a
thing
granted
.
And
,
that
as
my
Lord
of
St.
Albanes
,
who
being
gone
home
indisposed
in
his
health
,
my
Lord
of
Strafford
desired
he
might
reserve
himself
the
benefit
of
his
Examination
,
if
he
shall
see
cause
,
though
he
hopes
there
will
be
no
need
of
it
.
After
this
,
he
understanding
that
some
of
their
Lordships
at
Rippon
were
not
satisfied
,
because
the
Great
Council
was
named
for
the
Author
of
the
Warrant
;
the
very
last
day
the
Great
Council
sate
at
Yorke
(
their
Lordships
being
then
come
back
from
Rippon
)
he
moved
it
to
the
King
,
and
gave
the
same
Relation
there
,
that
he
makes
here
before
their
Lordships
,
desiring
to
know
their
pleasure
,
whether
the
Warrant
should
be
recalled
or
no
?
for
he
could
then
easily
do
it
:
Nothing
being
done
upon
it
.
Under
favour
,
some
of
their
Lordships
said
,
The
Great
Council
had
no
power
to
levy
Money
;
To
which
he
Answered
,
That
the
Warrant
was
not
to
levy
Money
,
but
that
the
parties
concerned
should
do
their
duties
themselves
,
or
otherwise
pay
the
Money
.
At
that
time
it
pleased
His
Majesty
to
Command
him
to
go
on
;
and
,
after
the
King
had
spoken
,
no
man
spake
to
the
contrary
,
and
so
the
Warrant
was
not
recalled
;
but
,
the
Moneys
were
paid
voluntarily
,
no
force
or
constraint
being
put
upon
any
,
but
they
took
it
as
a
great
benefit
that
they
had
that
favour
,
as
for
his
part
he
conceived
it
was
:
And
,
all
himself
got
by
it
,
was
,
That
,
by
this
means
himself
,
and
all
his
Tenants
,
and
those
that
had
relation
to
him
,
came
to
pay
their
proportionable
shares
,
which
otherwise
should
not
have
paid
a
Farthing
,
(
for
they
were
at
a
great
distance
in
the
West-riding
)
and
they
paid
it
voluntarily
,
and
willingly
;
and
,
when
he
spake
with
the
Deputy-Lieutenants
,
they
all
conceived
it
a
benefit
,
and
advantage
to
the
Country
;
and
,
it
was
done
with
their
Consent
,
and
a
great
Ease
,
and
a
Burden
to
no
man
,
So
he
acknowledges
such
a
Warrant
was
granted
,
but
nothing
of
force
or
constraint
,
Mr.
Ro.
Strickland
Interrogated
,
Whether
he
conceived
not
this
a
He
Answered
,
That
it
was
very
well
paid
for
any
thing
he
knows
,
but
the
most
part
of
it
,
if
it
was
paid
,
was
paid
after
he
came
to
London
.
But
,
he
conceives
,
that
if
those
Regiments
must
stand
,
or
the
other
March
up
to
their
Reliefe
,
it
was
for
the
ease
of
the
Country
,
and
so
he
conceived
then
,
otherwise
he
should
not
have
subscribed
the
Warrant
:
and
,
it
had
laid
heavy
on
those
Divisions
,
where
the
two
Regiments
of
Sir
William
Pennyman
,
and
Sir
Thomas
Danby
lay
,
who
had
been
undone
by
it
;
It
was
done
meerly
for
their
Relief
,
without
any
ill
intent
whatsoever
.
Sir
Edward
Osborne
Interrogated
,
What
he
thinks
of
the
Course
?
He
Answered
,
The
Question
being
propounded
by
my
Lord
Lieutenant
to
the
Deputy
Lieutenants
,
Whether
two
Regiments
that
lived
on
the
place
,
the
Frontier
of
the
North-Riding
,
should
be
paid
by
the
Countries
Contributing
,
or
their
Charge
,
or
the
Country
to
send
their
Regiments
for
relief
of
these
two
;
they
conceived
it
was
a
mighty
ease
and
benefit
to
the
Country
to
pay
the
two
Regiments
,
and
the
rest
of
the
Trained-Bands
continue
;
For
,
some
of
them
must
March
70
miles
in
way
,
and
70
miles
backwards
,
and
,
some
of
them
that
lay
there
,
never
stirred
out
of
their
own
Towns
:
and
therefore
they
were
of
opinion
,
It
was
a
marvellous
ease
.
Being
Asked
,
Whether
this
Fortnights
Pay
was
voluntarily
paid
in
the
Parts
where
he
lived
?
and
,
Whether
Force
was
used
?
He
Answered
,
He
lived
at
York
altogether
,
and
cannot
tell
:
But
,
some
Officers
asking
,
What
they
should
do
for
the
Moneys
that
are
behind
for
relief
of
the
two
Regiments
?
my
Lord
Answered
,
That
which
will
be
willingly
and
freely
paid
,
you
must
take
it
;
that
which
will
not
,
you
must
let
it
alone
:
and
,
this
was
four
or
five
dayes
before
my
Lord
of
Strafford
came
from
York
.
Sir
William
Pennyman
being
Interrogated
,
touching
the
Convenience
and
He
Answered
,
That
he
conceives
it
very
easie
and
advantagious
,
for
else
some
of
the
Regiments
must
have
marched
70
miles
,
and
it
would
have
taken
up
a
great
part
of
the
Charge
,
in
the
very
March
.
My
Lord
of
Strafford
added
,
That
he
would
prove
it
by
all
the
Deputy
Edward
Osborne
,
that
they
should
pay
Money
on
peril
of
their
Lives
;
He
denies
that
he
signed
any
such
Warrant
;
and
,
he
is
sure
there
is
none
under
his
hand
:
If
they
have
it
to
show
,
he
desires
they
would
shew
it
;
if
they
do
not
,
then
their
Lordships
Judgments
will
acquit
him
of
it
.
The
other
is
Sergeant
Major
Yowards
Warrant
,
and
a
fellow
that
tells
a
Tale
of
Muskiteers
,
and
sayes
,
there
was
a
Warrant
of
his
;
But
,
he
sayes
,
he
made
no
such
Warrant
;
he
gave
no
direction
for
it
;
neither
is
there
any
such
Warrant
shown
;
and
,
he
trusts
,
that
will
acquit
him
of
that
too
:
And
,
if
there
be
any
thing
of
Crime
in
the
business
,
it
must
be
,
that
they
have
been
constrained
by
force
,
to
pay
the
Moneys
;
for
,
if
it
be
voluntarily
offered
to
take
or
leave
,
this
can
be
no
Crime
;
and
,
that
there
was
any
force
,
or
any
Warrant
issued
by
him
,
he
denies
:
And
,
by
this
time
,
he
thinks
he
hath
cleared
himself
against
all
the
matters
charged
in
this
Article
.
But
,
he
conceives
,
he
hath
done
nothing
,
but
that
he
had
Commission
and
power
to
do
,
though
he
never
had
acquainted
the
Great
Council
with
it
under
favour
:
It
is
true
,
he
was
alwayes
desirous
,
to
have
the
assistance
of
Men
wiser
than
himself
;
and
,
when
there
was
means
or
opportunity
to
gain
it
,
he
took
it
:
But
,
if
he
had
been
in
Yorkshire
all
alone
,
having
the
Power
and
Commission
he
then
had
(
though
His
Majesty
and
their
Lordships
had
not
been
there
)
he
conceives
he
might
have
Justified
the
doing
of
as
much
,
as
he
hath
done
in
this
Parliament
;
his
Commission
under
the
Seal
of
my
Lord
Admiral
being
in
effect
,
FOr
the
better
Execution
of
this
our
Commission
,
we
do
further
give
and
grant
to
you
full
Power
and
Authority
,
from
time
to
time
,
and
at
all
times
at
your
discretion
,
to
command
,
and
require
of
and
from
all
our
Lieutenants
,
and
Deputy-Lieutenants
in
our
several
Counties
of
this
our
Realm
and
Dominion
of
Wales
,
and
of
and
from
every
,
or
any
of
them
,
to
send
to
you
,
or
such
place
as
you
shall
appoint
,
such
number
of
able
Men
for
the
War
,
as
well
Horsemen
as
Footmen
,
in
the
said
Counties
respectively
,
or
otherwise
,
sufficiently
Armed
and
Furnished
,
as
you
in
your
discretion
shall
appoint
and
require
.
And
,
he
did
not
send
them
to
pay
any
Money
,
but
to
relieve
by
turnes
,
Regiment
after
Regiment
;
and
,
if
they
found
it
for
their
ease
,
they
might
be
at
the
Charge
,
else
do
the
Duty
required
,
which
,
by
the
Common
Allegiance
,
every
man
is
bound
to
do
.
Say
then
he
had
committed
an
Error
,
he
had
rather
confess
than
justifie
it
,
as
long
as
it
is
not
brought
to
him
as
a
Crime
.
But
,
there
is
another
clause
,
according
to
the
Statute
of
11
H.
7.
viz.
ANd
further
,
our
pleasure
is
,
and
we
do
give
and
grant
for
us
,
our
heirs
and
successors
,
that
whatsoever
you
,
or
any
other
person
,
or
persons
of
what
degree
soever
,
by
your
Commission
,
Warrant
,
or
Command
shall
do
,
by
vertue
of
this
our
Commission
,
or
Letters
Patents
,
or
according
to
the
Instructions
aforesaid
,
or
the
purport
of
this
our
Commission
,
touching
the
Execution
of
the
premises
,
both
you
,
and
the
said
persons
,
in
shewing
forth
these
our
Letters-patents
,
or
the
Constat
,
or
Inrollment
thereof
,
shall
be
discharged
and
acquitted
against
us
,
our
heires
and
successors
,
and
freed
from
all
Impeachment
,
and
other
molestation
for
the
same
.
He
did
this
without
sinister
ends
,
or
by-respects
;
and
therefore
if
he
did
any
way
err
,
by
His
Majesties
own
gracious
clause
,
he
is
to
be
excused
;
And
,
it
is
pursuing
to
the
Statute
of
11
H.
7.
c.
1.
where
the
Preamble
is
very
observable
.
THe
King
,
our
Soveraign
Lord
,
recalling
to
his
Remembrance
the
Duty
and
Allegiance
of
His
Subjects
,
and
that
they
,
by
reason
of
the
same
,
are
bound
to
serve
the
King
for
the
time
to
come
in
His
Wars
,
against
every
Rebellion
,
and
Power
,
and
Might
,
&c.
and
whatsoever
falls
against
the
mind
of
the
Prince
;
and
,
that
it
is
against
all
Law
,
Reason
and
Conscience
,
that
attending
His
Person
,
or
being
in
other
places
of
His
Command
,
any
should
lose
or
forfeit
for
doing
their
true
Service
and
Obedience
.
Be
it
therefore
Enacted
,
&c.
That
from
henceforth
,
no
manner
of
Person
,
or
persons
whatsoever
,
that
attends
the
King
in
His
Person
,
and
do
Him
true
Allegiance
in
His
Person
,
or
be
in
other
places
in
His
Wars
,
for
the
said
Deed
,
or
true
Duty
,
he
and
they
shall
be
any
way
convicted
,
and
Attainted
of
Treason
,
nor
of
any
other
Offence
by
any
Process
of
Law
,
whereby
he
shall
forfeit
Lands
,
Goods
,
Tenements
,
&c.
and
shall
be
for
that
Deed
and
Service
utterly
discharged
of
any
Vexation
,
&c.
So
that
he
conceives
he
hath
done
nothing
,
but
what
may
receive
a
fair
and
equal
interpretation
;
what
he
hath
done
,
he
hath
done
very
candidly
,
and
clearly
,
for
the
good
of
His
Masters
Service
,
and
preservation
of
the
Country
;
and
he
hath
done
nothing
violently
,
or
deliberately
,
to
force
Men
to
do
things
,
that
may
any
way
trench
on
the
Propriety
or
Liberty
of
the
Subject
:
and
,
whatsoever
evil
he
may
have
committed
in
this
,
he
hopes
,
by
the
Act
of
Parliament
,
and
by
the
words
of
the
Commission
read
,
he
shall
stand
before
their
Lordships
(
in
point
of
Justice
,
and
Noble
Compassion
to
a
Man
that
may
erre
)
Acquitted
from
any
part
of
that
Charge
,
that
may
accuse
him
of
High
Treason
.
Onely
one
thing
he
hath
omitted
,
and
that
is
the
Testimony
of
Sir
William
Ingram
,
where
he
Charges
me
with
saying
,
The
refusers
to
pay
the
Money
are
in
little
better
condition
,
than
guilty
of
High
Treason
.
But
he
is
a
single
Testimony
;
and
he
sayes
,
That
clearly
underfavour
it
is
no
mean
offence
for
any
Man
,
to
deny
the
Common
Allegiance
due
to
the
King
,
for
Defence
of
His
Wars
:
But
,
the
words
are
testified
to
be
spoken
only
to
one
Man
,
and
he
is
not
Accomptable
to
him
,
nor
to
their
Lordships
,
for
that
,
he
being
but
a
single
Testimony
.
Mr.
Maynard
began
to
Reply
to
the
said
Defence
in
substance
,
That
whereas
my
Lord
sayes
,
They
have
urged
much
that
,
which
was
not
Charged
;
his
Lordship
hath
Answered
,
that
which
was
not
Objected
as
a
Charge
:
for
,
the
greatest
part
of
the
time
he
hath
spent
in
examining
so
many
Witnesses
,
is
,
to
shew
on
what
grounds
the
first
Petition
was
deserted
,
and
a
Message
put
on
his
Lordship
to
deliver
to
the
King
:
The
Petition
was
not
offered
to
him
as
a
matter
of
Charge
,
but
it
is
charged
upon
him
,
that
he
procured
to
levy
and
impole
Money
upon
the
Country
by
force
,
without
a
legal
Warrant
,
and
,
by
way
of
excuse
,
in
his
Answer
,
he
sets
forth
,
that
the
Country
did
yield
to
it
by
their
Unanimous
consent
.
To
that
purpose
it
was
objected
to
him
,
Not
that
the
delivery
of
the
Message
was
a
Crime
(
and
therefore
he
might
have
spared
this
labour
to
Answer
it
,
as
to
that
purpose
)
But
,
as
himself
states
the
Case
,
he
hath
much
encreased
,
rather
then
diminished
his
Fault
;
for
,
he
said
,
There
was
a
Consent
;
yet
,
it
appears
,
there
were
but
109
principal
Gentlemen
parties
in
the
first
Petition
,
and
he
encounters
these
to
200
met
together
;
the
greater
part
of
whom
consenting
,
and
100
of
them
that
had
subscribed
,
and
about
5
dissenting
,
they
resolve
of
a
Message
to
be
delivered
touching
consent
;
But
,
they
have
proved
,
not
only
a
Leavy
for
the
first
moneth
,
but
much
more
;
though
when
the
Gentry
met
together
,
and
consented
to
a
Petition
,
it
is
no
desertion
of
that
Petition
,
because
10
of
109
deserted
,
especially
when
they
had
a
Message
from
my
Lord
to
meet
about
it
,
and
,
relying
upon
it
,
went
into
the
Country
:
besides
,
200
Gentlemen
Freeholders
,
and
others
,
could
not
lay
a
Charge
on
the
rest
of
the
Country
,
nor
bind
them
that
had
dissented
before
,
and
whose
consent
was
not
involved
;
and
,
it
is
no
legal
way
to
raise
Money
by
Warrant
,
much
less
by
Force
.
For
the
Money
levyed
after
the
Moneth
expired
,
my
Lord
hath
offered
no
Colour
to
their
Lordships
;
for
first
,
the
ground
whereupon
he
raised
it
,
was
contrary
to
that
which
was
the
truth
,
viz.
the
Consent
of
the
Lords
of
the
Great
Council
;
whereas
it
appear'd
,
and
shall
appear
further
,
there
was
no
such
Consent
.
My
Lord
of
Strafford
would
next
justifie
it
by
a
Commission
,
but
that
doth
only
require
people
,
according
to
their
Allegiance
,
to
give
attendance
;
and
,
this
is
turned
into
a
matter
of
laying
of
Money
:
for
,
the
first
point
of
the
Warrant
is
,
to
pay
the
Money
Assessed
,
and
,
if
they
will
not
,
they
shall
attend
,
so
that
what
is
matter
of
service
is
turned
out
of
its
Course
,
and
this
is
a
high
abuse
of
his
power
,
which
makes
that
matter
of
Money
,
which
should
be
matter
of
Service
;
and
,
by
this
meanes
,
awes
men
to
pay
money
.
The
Country
,
on
demand
of
His
Majesty
,
did
consent
to
a
Moneths
pay
,
but
,
my
Lord
,
without
their
consent
,
extends
it
beyond
,
and
pretends
an
Order
(
to
say
no
more
of
it
)
when
there
was
no
such
thing
,
to
draw
some
Deputy-Lieutenants
together
,
and
,
when
they
are
drawn
,
to
make
an
Order
,
this
must
be
his
Justification
of
that
which
is
unduely
done
:
And
,
this
is
far
from
the
mitigation
of
an
Offence
.
To
do
an
unjust
Act
is
one
thing
,
but
,
it
is
a
great
aggravation
when
it
is
drawn
by
pretence
of
an
authority
which
never
was
.
On
27
October
,
the
self
same
day
Sir
Iohn
Burroughs
spake
of
notice
taken
by
their
Lordships
,
disclayming
the
Order
for
a
Warrant
;
And
then
my
Lord
acknowledged
it
to
be
an
Error
;
and
,
it
is
doubtful
,
whether
he
would
have
acknowleged
it
to
be
so
,
if
it
had
not
been
proved
so
.
My
Lords
Commission
speaks
not
of
Money
,
and
the
Statute
makes
not
to
this
Case
,
it
being
only
,
That
when
men
are
on
their
Allegiance
,
doing
the
King
faithful
service
,
they
should
not
be
attainted
of
High-Treason
for
doing
their
duty
;
And
,
the
Interpretation
his
Lordship
puts
on
it
,
is
,
that
the
duty
of
the
Subject
cannot
be
done
to
the
King
,
without
levying
money
in
an
unlawful
way
;
if
the
levying
of
Money
,
or
the
Imposing
of
Charges
be
matter
of
duty
,
then
he
gives
a
Justification
of
the
Charge
:
And
,
whereas
he
sayes
,
though
he
had
not
had
command
from
His
Majesty
,
nor
Order
from
the
Council
of
Peers
,
he
had
power
enough
to
do
that
which
he
did
;
it
is
to
be
observed
,
that
my
Lord
did
not
require
men
first
to
serve
,
but
first
to
pay
money
;
and
if
they
paid
not
,
then
he
Menaces
them
,
that
they
should
serve
,
as
appears
by
Sir
William
Pennymans
Warrant
,
and
therefore
the
Warrant
might
be
observed
,
which
Sir
William
Pennyman
justifies
so
unwillingly
,
though
in
other
things
he
be
very
forward
;
and
for
a
man
to
be
required
to
pay
Money
,
and
if
he
will
not
pay
it
,
then
to
perform
service
,
is
hard
;
for
now
he
comes
not
on
the
Kings
service
,
but
on
the
displeasure
of
them
that
require
Money
from
him
,
and
that
's
a
bad
discouragement
to
them
that
serve
.
And
whereas
my
Lord
sayes
,
nothing
is
proved
,
or
but
by
single
proof
,
their
Lordships
may
be
pleased
to
remember
,
what
is
proved
by
Sir
Henry
Griffin
,
That
my
Lord
said
,
That
Money
should
be
levied
,
and
he
would
take
a
course
for
it
,
and
the
same
Gentlemen
deposes
,
that
the
Warrant
or
Order
was
under
my
Lord
Straffords
hand
,
which
was
the
Warrant
for
them
to
pay
Money
.
It
is
likewise
proved
by
Sir
William
Ingram
,
that
he
said
the
private
men
must
maintain
after
1
d.
per
day
,
and
gave
out
his
Command
to
the
Constables
,
and
he
would
have
all
men
know
,
that
those
that
refused
it
,
were
in
a
little
better
condition
than
High
Treason
,
so
that
to
the
first
part
,
there
is
more
than
a
single
Testimony
.
The
latter
part
shall
be
proved
by
an
other
.
Mr.
Henry
Cholmley
being
Interrogated
,
What
he
heard
my
Lord
of
Strafford
speak
,
concerning
Treason
,
in
case
men
pay
not
that
Money
,
or
to
that
effect
?
He
Answered
,
That
he
heard
not
any
thing
at
all
of
Treason
.
Cconcerning
High
Treason
)
and
they
might
be
severely
punished
in
the
Star-Chamhamber
.
And
,
their
Lordships
may
remember
Mr.
Cholmeleys
former
Testimony
,
that
the
Vice-President
might
,
or
shall
send
forth
Warrants
to
levy
Money
;
And
therefore
these
Gentlemens
Testimonies
stand
without
impeachment
of
that
point
.
My
Lord
sayes
,
Moneys
were
not
levyed
by
force
;
yet
it
was
proved
,
that
for
these
two
Regiments
Money
was
levyed
by
force
;
for
,
Four
Soldiers
came
to
the
Town
,
and
went
with
the
Constables
.
But
,
he
sayes
,
it
concerns
not
him
,
for
no
Warrant
of
his
was
shown
.
Their
Lordships
will
not
expect
,
that
my
Lord
of
Strafford
should
give
particular
Warrants
to
every
Officer
;
his
Direction
is
proved
in
general
;
his
Commands
are
conveyed
and
distributed
by
particular
Ministers
;
The
Captains
look
for
Commands
from
them
that
are
above
them
;
and
they
from
the
Lieutenant-General
:
And
,
Sir
William
Pennyman
conceives
,
the
Warrant
made
out
by
the
Vice-President
,
was
by
a
Warrant
from
my
Lord
of
Strafford
,
or
he
had
my
Lord
of
Straffords
Command
.
So
that
,
take
that
which
is
under
Hand
and
Seal
;
take
what
Sir
William
Pennyman
,
take
what
Mr.
Cholmeley
hath
spoken
,
it
cannot
be
otherwise
,
but
it
was
done
by
my
Lord
of
Straffords
Command
,
and
that
is
sure
without
legal
Authority
:
and
so
Mr.
Maynard
conceived
they
had
made
a
full
proof
of
this
Article
.
For
that
which
concernes
the
Great
Council
,
he
desired
my
Lords
Answer
might
be
read
;
where
he
sayes
expresly
,
It
was
done
by
order
of
the
Lords
of
the
Great
Council
;
And
,
Mr.
Maynard
humbly
prayed
,
that
some
of
the
Lords
of
the
Great
Council
,
might
declare
the
Truth
in
that
Case
.
But
,
my
Lord
of
Strafford
Answered
,
That
he
confessed
it
here
at
the
Mr.
Glyn
added
,
That
they
put
their
Lordships
in
mind
of
it
,
that
it
Mr.
Whitlock
observed
,
That
my
Lord
of
Strafford
had
made
Justification
He
said
,
the
other
day
,
That
in
case
of
necessity
,
the
King
was
loose
and
absolved
,
from
all
Rules
of
Government
;
and
that
then
Money
might
be
levied
by
Force
;
and
,
that
their
Lordships
very
well
remembers
what
that
necessity
was
,
indeed
no
necessity
at
all
.
But
,
whatsoever
the
necessity
is
,
they
know
no
such
Tenent
as
my
Lord
of
Strafford
publishes
:
But
,
it
is
expresly
against
the
Fundamental
Lawes
of
the
Kingdom
,
and
a
meer
Course
for
his
bringing
in
an
Arbitrary
Power
.
His
Lordship
said
,
That
as
he
stood
qualified
,
he
might
justifie
as
much
as
he
hath
done
;
Which
words
are
little
less
than
the
offence
wherewith
he
is
charged
,
and
prove
the
Charge
.
For
him
to
say
,
That
as
he
was
then
qualified
,
because
he
was
Lieutenant
General
of
the
Army
,
he
might
send
his
Warrants
to
Tax
the
Kings
Subjects
without
Parliament
,
is
,
to
take
on
him
the
Power
of
a
Parliament
;
for
,
under
favour
,
no
such
Tax
can
be
made
without
assent
in
Parliament
:
So
that
what
my
Lord
of
Strafford
hath
declared
as
a
ground
of
his
Defence
,
is
a
good
ground
of
his
Condemnation
.
My
Lord
of
Strafford
did
here
desire
liberty
to
speak
to
the
Testimony
of
Mr.
Cholmley
,
which
is
new
matter
;
and
,
he
besought
their
Lordships
William
Ingram
,
That
the
Money
should
be
paid
,
and
he
that
paid
not
the
Money
,
should
be
in
little
better
condition
,
then
High
Treason
;
But
,
he
that
denies
his
Allegiance
to
the
King
,
to
go
with
Him
in
His
Wars
,
in
Defence
of
the
Realm
,
is
little
better
than
guilty
of
Treason
,
or
is
Fineable
in
the
Star-Chamber
:
But
,
because
these
are
tender
Points
,
and
he
little
understands
them
,
and
they
take
hold
of
all
that
falls
from
him
,
he
shall
say
no
more
,
but
that
the
Testimony
of
the
one
and
the
other
,
are
two
several
things
.
And
,
his
Lordship
proceeded
to
speak
something
touching
Sir
William
Ingrams
Testimony
,
which
Mr.
Glyn
interposed
,
and
said
,
That
s
no
new
matter
,
but
it
only
arises
out
of
his
Answer
,
and
therefore
he
desired
no
more
might
be
said
to
that
.
He
proceeded
to
other
matters
contained
in
the
Reply
,
and
offered
to
their
Lordships
,
That
it
had
been
said
,
he
did
publiquely
justify
at
the
Bar
,
that
he
had
power
to
lay
Taxes
,
and
to
force
payment
;
but
he
said
,
under
favour
,
no
such
thing
;
but
that
he
having
the
Kings
Commission
and
Power
to
call
in
such
,
as
he
should
think
fit
to
serve
the
King
,
for
defence
of
the
Realm
,
and
this
being
pursuant
to
the
Act
of
Parliament
of
11
H.
7.
he
said
,
he
might
justify
(
as
he
conceives
)
the
calling
of
the
Regiments
to
relieve
by
turns
one
another
,
as
there
should
be
occasion
;
but
to
say
,
he
had
power
to
Tax
what
he
pleased
,
God
forbid
,
he
should
say
or
think
such
a
thing
.
He
is
not
the
wisest
man
in
the
world
,
yet
not
so
ignorant
,
but
to
know
that
the
one
were
a
great
breach
,
on
the
fundamental
propriety
and
liberty
of
the
Subject
;
but
to
call
men
to
perform
their
Duty
for
preservation
of
the
King
and
Kingdom
,
he
conceives
to
be
a
quite
different
thing
.
His
Lordship
proceeded
to
speak
to
some
part
of
the
Reply
,
concerning
his
sending
forth
of
Warrants
to
levy
by
force
.
Which
being
excepted
against
,
as
new
mattermy
Lord
of
Strafford
answer'd
That
if
he
speaks
new
matter
,
it
is
sufficient
punishment
to
him
.
My
Lord
of
Strafford
proceeded
,
That
he
is
charged
to
be
the
procurer
of
Sir
William
Pennymans
sending
a
Warrant
to
levy
by
force
,
whereas
,
he
said
,
the
Warrant
was
issued
by
him
and
the
Deputy-Lieutenants
.
But
that
being
denyed
and
apprehended
to
be
new
matter
.
Mr.
Whitlock
desired
to
Reply
to
my
Lord
of
Strafford's
Answer
,
to
Mr.
Maynard
added
,
That
they
are
here
for
the
King
and
Common-wealth
,
Edward
Osborne
.
Whence
Mr.
Maynard
observed
,
That
there
is
Imprisonment
;
Levying
of
Money
;
charging
upon
pain
of
Life
;
levying
of
Goods
:
nothing
can
be
put
upon
the
Subject
,
but
it
hath
been
offered
in
this
Case
.
Mr.
Glyn
Summ'd
up
their
Proofs
,
saying
,
Since
my
Lord
of
Strafford
will
have
another
Reply
,
they
have
produced
their
Proofs
,
That
he
Sir
William
Pennyman
proves
,
that
Warrants
were
issued
,
and
in
such
sort
as
mentions
a
coertion
;
They
have
in
pursuance
proved
it
to
be
levied
by
four
Musquetiers
,
if
he
gave
direction
,
another
gave
execution
,
and
the
parties
Body
must
be
carried
away
,
if
he
pays
not
;
which
is
a
levying
of
War
against
the
Kings
Subjects
:
and
Gogan
5
R.
2.
was
accused
of
Treason
,
for
forceing
a
man
to
enter
into
Bond
,
which
is
not
so
much
as
to
force
those
payments
on
the
Kings
Subjects
.
They
produced
Sir
Edward
Osborns
Warrant
attested
by
Mr.
Cholmley
to
be
the
Original
Warrant
that
he
had
from
Mr.
Vice-President
,
to
send
for
the
levying
of
the
Money
.
To
the
&c.
WHereas
His
Majesty
is
informed
,
that
the
Regiment
under
Command
of
Col.
Cholmley
is
set
forth
with
little
Money
,
which
expresses
great
disaffection
to
His
Majesties
service
,
and
wilful
neglect
of
your
own
,
and
the
whole
Kingdoms
safety
;
the
Scotch
Army
having
taken
Newcastle
,
and
being
on
their
march
towards
these
parts
:
These
are
therefore
to
Will
and
require
you
in
His
Majesties
Name
,
and
by
His
special
Command
,
to
raise
,
and
cause
to
be
raised
by
the
Port
Constable
,
or
otherwise
as
you
shall
think
best
,
the
sum
of
20s
.
8d
.
at
least
for
each
common
Soldiers
belonging
to
such
Towns
or
Parishes
,
and
to
send
the
same
immediately
to
York
,
to
be
delivered
to
the
Colonel
,
for
Pay
and
Supply
of
the
said
Soldiers
,
and
likewise
to
charge
and
command
all
and
every
person
and
persons
,
who
find
private
Arms
,
or
contribute
thereunto
,
forthwith
to
send
the
like
sum
at
least
to
York
,
to
be
disposed
as
aforesaid
;
And
in
case
any
of
them
refuse
to
contribute
,
you
are
required
by
like
Command
,
to
certify
me
the
Names
of
such
refusers
,
that
a
Messenger
may
be
sent
to
bring
them
hither
to
serve
in
person
,
and
be
severely
punished
,
according
to
the
Quality
of
so
high
an
offence
,
seeing
the
safety
of
His
Majesties
Person
,
and
the
safety
of
the
Kingdom
depends
on
this
;
Fail
not
in
the
speedy
execution
thereof
,
as
you
will
answer
to
the
contrary
,
on
peril
of
your
life
.
Dated
the
last
of
August
1640.
Mr.
Maynard
desired
their
Lordships
to
observe
the
former
Deposition
And
so
they
concluded
the
27th
Article
.
Mr.
Glyn
did
offer
to
their
Lordships
,
that
there
is
the
28th
Article
remaining
,
wherein
,
whether
shall
proceed
or
no
,
they
have
not
yet
resolved
.
But
they
desired
another
day
to
be
heard
,
they
having
something
more
to
say
.
And
so
the
Court
was
Adjourned
,
and
the
next
day
was
appointed
,
a
Etight
of
the
clock
.
A
SUMMARY
OF
THE
EVIDENCE
Of
my
Lord
of
STRAFFORD
.
April
12.
THis
Day
being
appointed
,
for
the
Summing
up
of
the
Evidence
formerly
given
on
both
sides
,
in
the
Cause
concerning
my
Lord
of
Strafford
;
The
Right
Honourable
the
Lord
Steward
spake
in
substance
as
followeth
.
My
Lord
of
Strafford
,
I
am
Commanded
by
my
Lords
to
let
you
know
,
that
they
do
expect
your
Lordship
will
go
on
in
the
Order
set
,
to
sum
up
your
Lordships
Evidence
;
and
,
those
Gentlemen
of
the
House
of
Commons
will
likewise
sum
up
theirs
,
for
the
Close
of
Proofes
in
Matter
of
Fact
;
and
,
that
your
Lordship
do
it
with
all
Clearness
and
Succinctness
,
avoiding
any
thing
that
may
give
Impediment
,
to
the
Clear
and
Fair
Proceeding
of
the
Cause
,
which
,
for
matter
of
Fact
,
is
come
to
a
Period
.
My
Lord
of
Strafford
humbly
desired
,
That
he
might
clearly
understand
what
was
expected
in
that
case
,
and
then
he
would
perfectly
obey
my
Lords
in
all
things
;
adding
,
that
he
Conceives
their
Lordships
intention
is
,
that
they
shall
go
upon
what
hath
been
alleadged
before
their
Lordships
,
without
any
new
matter
to
be
further
alleadged
on
either
side
.
Whereunto
my
Lord
Steward
replyed
,
That
if
there
be
any
new
matter
,
God
forbid
but
they
might
alledge
it
.
And
,
my
Lord
Strafford
thereupon
Answered
,
That
he
will
offer
no
New
Matter
,
unless
it
should
arise
from
the
other
side
;
professing
himself
ready
to
be
disposed
of
,
in
all
Acts
of
Obedience
to
their
Lordships
.
And
then
his
Lordship
proceeded
to
Recollect
his
Evidence
in
Substance
,
as
followeth
.
May
it
please
your
Lordships
,
it
falls
to
my
turn
,
by
your
Lordships
leave
and
favour
,
to
presume
to
put
you
in
mind
,
and
to
represent
to
you
,
the
Proofes
,
as
they
have
been
offered
,
which
I
shall
do
to
the
best
of
my
Memory
,
with
a
great
deale
of
Clearness
.
I
shall
desire
to
represent
them
neither
better
nor
worse
,
then
they
are
in
themselves
,
and
,
I
wish
,
the
like
Rule
may
be
observed
on
the
other
side
;
For
,
in
the
proceeding
of
this
Cause
,
I
heard
them
alleadge
,
that
,
as
they
conceived
,
divers
Articles
were
fully
proved
;
Whence
I
conceive
,
there
was
nothing
fully
Proved
.
My
Lords
,
my
Memory
is
weak
,
my
health
hath
been
impayred
,
and
I
have
not
had
such
quiet
thoughts
,
as
I
desired
to
have
had
,
in
a
business
of
so
great
and
weighty
importance
to
me
:
And
therefore
I
shall
most
humbly
beseech
your
Lordships
,
that
by
your
Wisdom
,
your
Justice
and
Goodness
,
I
may
be
so
much
bound
to
you
,
as
to
have
my
Infirmities
supplyed
by
your
better
Abilities
,
better
Judgments
,
and
better
Memories
.
My
Lords
,
The
Charge
I
am
to
Answer
,
is
a
Charge
of
High-Treason
;
and
,
that
which
makes
it
the
most
grievous
of
all
,
it
is
an
Impeachment
of
Treason
from
the
Honourable
House
of
Commons
:
Were
not
that
in
the
Case
,
my
Lords
,
it
would
not
press
so
heavy
and
sore
upon
me
,
as
now
it
doth
,
having
the
Authority
and
Power
of
their
Names
upon
it
;
Otherwise
,
my
Lords
,
the
Innocency
,
and
the
Clearness
of
my
own
heart
from
so
Foul
a
Crime
,
is
such
,
that
I
must
with
Modesty
say
,
if
I
had
no
other
sin
to
answer
for
,
it
would
be
easily
borne
.
My
Lords
,
as
I
went
along
Article
by
Article
,
These
Gentlemen
were
pleased
to
say
,
They
were
no
Treasons
in
themselves
,
but
Conducing
to
the
Proof
of
Treason
:
and
,
most
of
the
Articles
being
gone
over
,
they
come
to
the
Point
at
last
.
And
hence
,
my
Lords
,
I
have
all
along
watched
,
to
see
if
that
I
could
find
that
Poysoned
Arrow
,
that
should
Invenome
all
the
rest
;
that
Deadly
Cup
of
Wine
,
that
should
intoxicate
a
few
alledged
Inconveniences
,
and
Misdemeanors
,
to
run
them
up
to
High
Treason
.
My
Lords
,
I
confess
it
seems
very
strange
to
me
,
that
there
being
a
special
difference
between
Misdemeanors
,
and
between
Felonies
and
Treasons
;
How
is
it
possible
that
ever
Misdemeanors
should
make
Felonies
,
or
a
hundred
Felonies
make
a
Treason
?
Or
,
that
Misdemeanors
should
be
made
Accessaryes
to
Treason
,
where
there
is
not
a
Principal
in
the
Case
?
No
Treason
,
I
hope
,
shall
be
found
in
me
,
nor
in
any
thing
I
hear
to
be
charged
,
under
favour
,
and
not
waved
.
They
say
well
,
That
if
a
man
be
taken
threatning
of
a
man
to
kill
him
,
Conspiring
his
death
,
and
with
a
Bloody
Knife
in
his
hand
,
these
be
great
Arguments
to
convince
a
man
of
Murder
.
But
then
,
under
favour
,
the
man
must
be
killed
;
for
,
if
the
man
be
not
killed
,
the
murder
is
nothing
.
So
,
all
these
things
that
they
would
make
conduce
to
Treason
,
unless
something
be
Treasonable
,
under
favour
,
they
cannot
be
applyed
to
Treason
.
My
Lords
,
I
have
learnt
that
in
this
Case
,
which
I
did
not
know
before
,
that
there
be
Treasons
of
two
kinds
;
there
be
Statute-Treasons
,
there
be
Treasons
at
Common-Law
,
or
Treasons
Constructive
and
Arbitrary
.
My
Lords
,
These
Constructive
Treasons
have
been
strangers
in
this
Common-wealth
a
great
while
,
and
,
I
trust
,
shall
be
still
,
by
your
Lordships
Wisdom
and
Justice
:
But
,
as
for
Treasons
in
the
Statute
,
I
do
,
with
all
gladness
and
humility
acknowledge
your
Lordships
to
be
my
Judges
,
and
none
but
you
,
under
favour
,
can
be
my
Judges
:
His
Majesty
is
above
it
,
the
King
Condemns
no
Man
:
the
great
operation
of
His
Scepter
is
Mercy
;
His
Justice
is
dispensed
by
His
Ministry
;
so
He
is
no
Judge
in
the
Case
(
with
Reverence
be
it
spoken
:
)
and
likewise
no
Commoner
can
be
Judge
in
the
Case
of
Life
and
Death
,
under
favour
,
in
regard
he
is
of
another
Body
:
So
that
,
my
Lords
,
I
do
acknowledge
entirely
,
you
are
my
Judges
,
and
do
,
with
all
chearfulness
in
the
World
,
submit
my self
unto
you
;
thinking
,
that
I
have
great
cause
to
give
God
thanks
,
that
I
have
you
for
my
Judges
,
and
,
God
be
praised
it
is
so
;
and
,
Celebrated
be
the
Wisdom
of
our
Ancestors
that
have
so
ordained
it
.
My
Lords
,
I
shall
observe
these
Rules
;
First
,
I
shall
(
as
I
hope
)
clear
my self
of
Statute
Treason
,
and
then
shall
come
to
Constructive
Treason
,
or
Treason
at
the
Common-Law
.
The
first
point
they
Charge
me
withal
of
Treason
,
is
upon
the
Fifteenth
Article
;
Wherein
neverthess
,
before
I
come
to
Answer
the
Particulars
,
I
must
humbly
inform
your
Lordships
,
that
,
in
that
Article
,
two
of
the
most
material
Charges
are
waved
in
the
first
part
;
that
piece
of
the
Charge
that
sounds
so
high
,
concerning
a
Miscarriage
in
me
,
in
Levying
Money
upon
the
Towns
of
Baltemore
,
Bandenbridge
,
Talow
,
of
that
I
hear
nothing
,
and
I
shall
mention
it
only
thus
farr
,
humbly
to
remember
your
Lordships
,
that
,
in
that
particular
,
I
trust
I
have
spoken
nothing
,
that
I
should
merit
less
belief
of
your
Lordships
:
For
my
part
,
it
is
far
from
me
,
to
put
you
upon
any
prejudice
,
by
any
means
whatsoever
;
I
look
onely
to
the
preserving
of
my self
,
if
it
may
be
without
prejudice
and
hurt
to
any
living
Soul
.
Then
they
likewise
wave
another
piece
of
the
Charge
,
and
that
is
,
that
I
should
,
by
force
of
Armes
,
dispossess
divers
persons
in
the
Territory
of
Idengh
;
and
well
they
may
,
for
,
in
truth
,
there
is
nothing
at
all
of
it
that
I
am
to
Answer
,
it
being
wholly
done
by
the
Order
of
Chancery
,
and
I
having
no
more
to
do
with
it
,
then
any
man
that
hears
it
:
the
Matter
that
stayes
with
me
in
this
Article
,
is
,
the
alleadged
Warrant
to
Mr.
Savill
Sergeant
at
Armes
,
and
the
Execution
of
it
,
for
that
I
shall
humbly
beseech
your
Lordships
,
I
may
mind
you
,
with
all
humility
,
that
that
Warrant
is
not
shewed
;
and
,
I
do
think
,
that
my
Lords
the
Judges
do
,
in
the
Tryals
before
them
,
observe
,
that
Deeds
are
to
prove
themselves
in
ordinary
Tryals
betwixt
Men
and
Men
;
Now
,
how
much
more
in
a
Tryal
for
life
,
and
,
which
is
more
than
that
(
though
my
Misfortune
will
have
me
to
own
it
)
in
the
Tryal
of
a
Peer
?
The
Witnesses
,
my
Lords
,
say
,
They
have
seen
such
a
Warrant
;
But
,
no
Witnesse
sayes
,
he
knowes
it
,
and
will
Swear
it
to
be
my
Hand
and
Seal
;
or
,
that
I
set
my
Hand
or
Seal
to
it
;
for
,
it
may
be
Counterfeited
,
for
any
thing
they
know
.
For
,
Mr.
Savill
,
upon
Oath
,
I
thought
(
under
Favour
)
he
ought
not
to
be
admitted
against
me
;
for
,
he
Swears
directly
to
justifie
himself
:
for
if
there
be
no
such
Warrant
,
he
is
answerable
for
the
Fact
,
not
I.
But
,
my
Lords
,
admit
there
were
such
a
Warrant
,
I
humbly
conceive
,
I
gave
your
Lordships
a
very
clear
and
full
Answer
to
it
;
I
shewed
you
(
and
proved
it
,
as
I
conceive
)
that
the
Sessing
of
Soldiers
hath
been
a
Coercive
means
used
in
Ireland
alwayes
,
to
enforce
obedience
to
the
Kings
Authority
;
I
proved
it
to
have
been
used
,
to
fetch
in
the
Kings
Rents
of
all
kinds
,
Contributions
,
Compositions
,
and
Exchequer
Rents
;
I
proved
it
to
have
been
used
,
to
bring
in
Offenders
and
Rebels
,
and
(
as
my
Lord
Ranalagh
deposes
)
for
any
Unjustifiable
Act.
Sir
Arthur
Terringham
,
for
a
small
Debt
,
which
appears
not
to
be
the
Kings
Debt
;
My
Lords
,
nothing
at
all
is
proved
against
it
,
but
Negatively
,
the
Witnesses
say
,
they
did
not
know
such
a
thing
,
they
had
not
heard
the
like
;
and
,
I
think
,
none
of
your
Lordships
had
,
before
this
Cause
;
and
yet
that
thing
might
be
too
.
And
,
my
Lords
,
I
beseech
your
Lordships
,
How
should
it
be
not
Treason
,
to
Assess
Soldiers
for
the
Kings
Debts
,
and
yet
the
Assessing
of
Soldiers
,
on
the
Contempt
of
the
Kings
Authority
,
should
be
Treason
?
for
certainly
the
Kings
Authority
is
of
far
more
Dignity
,
and
more
respect
is
to
be
had
to
it
,
then
the
getting
of
a
few
poor
Debts
;
and
,
why
it
should
be
Treason
in
one
Case
,
and
not
in
another
,
methinks
it
is
very
strange
.
My
Lords
,
in
the
next
place
I
conceive
,
that
not
in
any
Construction
this
can
be
said
to
be
a
Levying
of
War
against
the
King
and
His
People
,
being
but
the
Imployment
of
two
or
three
Soldiers
,
to
procure
obedience
to
His
Majesties
Government
:
because
(
as
I
conceive
likewise
)
I
had
Commission
to
make
War
as
I
saw
Cause
,
for
punishing
the
Rebels
,
and
securing
the
Publick
Peace
;
and
therefore
,
How
can
I
be
charged
with
that
I
have
power
to
do
?
The
worst
that
can
be
made
of
it
,
is
,
an
absurd
execution
of
a
Power
;
but
,
to
make
it
Treason
,
when
I
had
Commission
and
Liberty
so
to
do
,
methinks
that
is
very
hard
:
And
,
it
was
no
absurd
execution
of
a
Power
,
under
favour
neither
,
when
I
had
the
Precedent
of
all
the
former
Deputies
and
Lieutenants
in
the
Case
.
My
Lords
,
it
was
never
Complained
of
all
the
while
I
was
there
,
for
ought
appears
to
your
Lordships
;
so
,
that
it
seems
there
was
no
great
Innovation
,
nor
Inconvenience
,
for
,
if
there
were
,
I
should
have
heard
of
it
.
But
,
the
Statute
11
E.
1.
ca.
7.
sets
a
penalty
upon
any
Subject
,
that
shall
Assess
without
the
Deputies
Authority
.
Now
I
do
most
humbly
beseech
your
Lordships
,
that
you
would
be
pleased
to
remember
that
,
and
let
me
know
how
it
should
be
but
Penal
in
a
Common
person
to
do
it
,
and
yet
Treason
in
a
Deputy
?
My
Lords
,
I
shall
likewise
humbly
mind
your
Lordships
for
the
Statute
,
or
rather
two
Statutes
,
as
I
take
it
,
whereby
I
conceive
this
Statute
that
made
a
Treason
in
Ireland
was
repealed
;
But
,
howsoever
,
the
practice
in
all
time
hath
gone
quite
contrary
to
that
Statute
,
and
the
best
Interpretation
of
Law
is
the
Practice
of
Law
;
and
therefore
the
Practice
having
been
otherwise
,
it
is
an
Argument
very
strong
and
prevalent
,
that
the
Deputy
,
as
Chief
Governor
,
was
never
intended
to
be
Concluded
within
that
Act
,
nor
never
to
be
brought
in
by
General
Words
onely
.
And
,
that
this
should
be
a
Levying
of
War
against
the
King
,
within
the
Statute
of
25
E.
3.
in
England
,
surely
I
conceive
it
cannot
be
;
for
,
the
Burning
of
Towns
,
the
Taking
of
Forts
,
Killing
and
Slaying
,
that
I
conceive
to
be
a
Levying
of
War
;
but
,
this
is
a
strange
Levying
of
War
,
with
two
or
three
Soldiers
to
rest
in
Peace
and
Quietness
,
eating
on
Contemners
onely
(
and
not
Killing
and
Slaying
)
and
all
to
procure
Obedience
to
the
King
,
not
in
Disobedience
to
His
Command
.
If
to
lie
upon
them
and
eate
,
be
High-Treason
,
in
this
Case
,
What
shall
become
of
a
great
Company
of
good
Fellowes
,
that
at
this
time
eate
at
the
Charge
of
the
Country
?
No
,
my
Lords
;
This
,
in
the
Case
of
a
private
Man
,
had
been
but
a
Forcible
Entry
,
or
a
Ryot
at
the
most
,
if
a
man
had
done
the
same
thing
Mr.
Savil
did
of
his
own
Authority
,
without
the
Deputy
,
it
had
been
but
a
Force
and
Ryot
;
and
,
How
shall
this
be
in
my
Case
High
Treason
?
The
next
Charge
,
in
that
Case
,
is
,
concerning
a
Warrant
to
one
Piggot
,
another
Sergeant
at
Armes
,
and
the
great
and
crying
Miscarriages
and
Misimployments
of
such
a
War
;
if
there
had
been
any
,
it
was
when
I
(
as
your
Lordships
may
please
to
remember
)
was
out
of
Ireland
,
and
that
was
the
Case
of
Bern
,
a
very
Foule
Misdemeanor
,
as
it
proved
.
But
,
my
Lords
,
I
being
out
of
the
Kingdom
,
and
no
such
Warrant
shown
,
I
conceive
I
am
absolutely
dismissed
as
unto
that
,
and
have
nothing
to
Answer
for
it
:
there
was
nothing
done
while
I
was
in
the
Kingdom
:
there
is
no
Warrant
of
mine
shown
:
therefore
,
I
conceive
,
I
stand
clear
of
that
likewise
.
But
admit
there
were
such
a
Warrant
,
the
Answer
goes
to
that
as
to
the
test
;
and
certainly
,
I
hope
,
will
fully
acquit
me
of
this
Fifteenth
Article
,
as
Treason
;
And
so
I
must
,
in
humility
,
submit
to
your
Lordships
wiser
and
better
Judgments
.
The
next
Statute
Treason
,
is
an
Intendment
,
or
Design
,
or
what
you
will
have
it
,
for
bringing
over
the
Irish
Army
into
this
Kingdom
,
to
reduce
it
,
or
to
do
I
know
not
what
,
nor
I
think
no
body
else
,
for
there
is
no
such
thing
.
But
,
my
Lords
,
for
proofe
in
this
Case
,
you
have
two
offered
there
,
and
no
more
,
under
favour
,
at
all
:
the
first
proof
is
,
the
Fears
and
Doubts
of
my
Lord
Ranalaugh
,
that
tells
you
,
he
Fears
such
a
thing
,
and
Doubts
such
a
thing
.
My
Lords
,
if
Fears
and
Doubts
may
be
sufficient
to
Condemn
me
for
Treason
,
By
my
Faith
,
I
fear
,
and
doubt
very
much
,
these
Fears
and
Doubts
might
Accuse
me
,
and
Condemn
me
of
Treason
more
then
once
a
Year
;
But
,
my
Lords
,
his
Fears
and
Doubts
,
he
may
keep
to
himself
,
I
hope
they
shall
not
be
brought
any
way
to
the
prejudice
of
me
;
I
am
,
I
thank
God
,
both
confident
and
knowing
,
there
is
no
such
thing
.
The
next
is
the
Testimony
of
Mr.
Treasurer
Vane
;
and
,
the
Words
Mr.
Treasurer
doth
Witness
against
me
in
that
particular
,
are
,
as
I
conceive
,
these
;
that
I
should
say
to
His
Majesty
,
in
an
Argument
concerning
an
Offensive
or
Defensive
War
with
Scotland
;
Your
Majesty
hath
tryed
all
wayes
,
and
are
refused
,
and
,
in
this
extream
necessity
,
for
the
safety
of
the
Kingdom
,
and
Your
People
,
You
may
imploy
the
Irish
Army
to
reduce
this
Kingdom
.
My
Lords
,
To
this
I
say
,
that
(
under
favour
)
Mr.
Treasurer
was
in
this
(
methoughts
)
a
little
Dubious
;
he
was
something
doubtful
;
for
,
at
the
first
,
he
told
your
Lordships
,
he
would
deal
plainly
and
clearly
with
you
;
that
he
knew
before
whom
he
spoke
:
and
then
,
my
Lords
,
it
was
but
to
the
best
of
his
Remembrance
,
that
these
,
and
these
words
were
spoken
.
At
the
last
,
my
Lords
,
being
put
to
it
more
,
he
was
pleased
to
say
,
that
these
were
positively
the
words
,
or
something
to
that
effect
:
So
,
my
Lords
,
here
is
but
a
dubious
and
uncertain
Witness
,
under
favour
,
and
these
Professions
of
his
speaking
clearly
and
plainly
,
and
of
his
Consideration
before
whom
he
was
(
which
are
something
unusual
Clauses
to
Men
,
that
come
to
Swear
upon
Oath
)
make
me
conceive
him
something
Dubious
in
this
point
.
Secondly
,
My
Lords
,
he
is
a
Single
Witness
,
and
not
onely
so
,
but
,
under
favour
,
disavowed
by
all
the
rest
that
were
present
at
the
Council
;
my
Lord
of
Northumberland
remembred
no
such
thing
;
my
Lord
Marquiss
of
Hamilton
remembred
no
such
thing
;
my
Lord
Treasurer
remembred
no
such
thing
;
my
Lord
Cottington
is
very
well
assured
he
said
no
such
thing
,
for
if
he
had
he
should
have
taken
offence
at
it
himself
,
which
he
never
did
.
My
Lords
,
in
the
Third
place
,
He
is
pleased
to
mention
,
That
it
was
in
a
Debate
,
Whether
an
Offensive
or
Defensive
War
?
and
,
that
then
I
should
say
,
The
King
had
an
Army
in
Ireland
,
&c.
My
Lords
,
It
falls
out
in
time
,
to
be
as
I
conceive
,
to
be
about
the
5th
of
May
last
,
not
many
dayes
sooner
or
later
,
the
Army
of
Ireland
was
not
raised
till
Iune
following
.
So
it
seems
,
I
should
tell
the
King
a
great
untruth
;
that
he
had
an
Army
in
Ireland
,
which
he
might
imploy
for
His
Service
,
before
that
Army
was
raised
;
for
,
it
is
a
notorious
thing
,
and
any
of
that
Country
knows
,
that
the
Army
was
not
raised
till
the
Fifteenth
of
Iune
,
as
I
remember
.
Lastly
,
In
farther
taking
away
of
this
Testimony
,
I
have
proved
it
,
by
a
great
many
Witnesses
,
beyond
all
exception
,
that
there
was
never
any
such
intendment
of
the
bringing
this
Army
into
England
;
nay
,
that
the
Design
was
quite
otherwise
;
and
this
hath
been
apparently
cleared
before
your
Lordships
,
By
the
Testimony
of
my
Lord
of
Northumberland
,
Marquess
of
Hamilton
,
Sir
Thomas
Lucas
,
and
Mr.
Slingsby
;
And
might
have
been
further
justify'd
,
by
the
Testimony
of
my
Lord
of
Ormond
President
of
Munster
,
and
Sir
Iohn
Burlace
,
Master
of
the
Ordnance
in
Ireland
,
if
they
had
been
here
to
have
been
produced
:
So
that
all
these
laid
together
,
the
strong
and
clear
proof
on
my
part
,
the
producing
of
a
single
Witness
which
,
by
the
Proviso
of
1
Edw.
6.
cannot
rise
in
Judgment
against
any
man
for
High-Treason
.
I
trust
,
all
these
laid
together
,
I
shall
appear
to
your
Lordships
clear
and
free
from
these
two
points
,
whereupon
they
enforce
me
to
be
within
the
compass
of
Treason
by
the
Statute
alleadged
.
The
Third
Treason
that
is
laid
to
my
Charge
,
is
upon
the
27th
Article
,
where
Four
Musquettiers
being
sent
to
Egton
,
by
Sergeant
Major
Yawerth
,
to
call
for
their
Eight
pence
a
day
,
is
prest
upon
me
,
as
a
Levying
of
War
upon
the
King
and
His
People
,
and
to
be
High-Treason
upon
the
Statute
of
25
E.
3.
These
be
wonderful
Wars
,
if
we
have
no
greater
Wars
then
such
,
as
four
men
are
able
to
raise
,
by
the
Grace
of
God
we
shall
not
sleep
very
unquietly
.
But
,
How
do
they
prove
this
to
be
done
by
me
?
they
produce
to
your
Lordships
the
Warrant
of
Sir
William
Pennyman
;
but
,
had
no
Warrant
at
all
of
mine
to
shew
.
Sir
William
Pennyman
doth
not
alledge
any
Warrant
of
mine
to
that
purpose
;
he
speaks
of
a
General
Warrant
,
wherein
I
and
the
Deputy-Lieutenants
joyne
,
for
the
paying
of
the
Fortnights
pay
,
as
they
call
it
,
and
that
is
very
true
;
but
,
that
I
should
give
Warrant
to
Levy
by
Soldiers
,
no
such
thing
is
proved
;
no
such
thing
is
shewed
;
no
such
thing
is
alleadged
by
Sir
William
Pennyman
,
that
best
knew
it
;
and
,
should
do
it
in
his
own
Justification
,
if
there
were
such
a
thing
:
but
,
on
the
other
side
,
I
must
humbly
beseech
your
Lordships
,
to
mind
you
what
a
clear
and
full
proofe
I
made
thereof
to
you
,
till
you
were
weary
,
though
,
I
think
,
I
could
have
continued
it
a
year
longer
if
need
had
been
,
that
there
was
nothing
done
by
me
in
the
Levying
of
the
first
Months
pay
,
or
the
second
Fortnights
pay
,
but
with
full
consent
of
the
Country
,
nothing
being
of
Constraint
,
nothing
being
of
force
put
upon
them
.
The
Second
point
was
a
Warrant
shewed
to
your
Lordships
,
or
at
least
pretended
from
Sir
Edward
Osborne
the
Vice-President
,
wherein
he
charges
them
to
obey
and
persue
the
substance
and
direction
of
his
Warrant
,
on
pain
of
Death
,
and
this
must
likewise
be
laid
to
me
:
My
Lords
,
I
confess
I
have
faults
enough
,
more
then
a
good
many
,
though
I
trust
neither
so
crying
nor
grievous
,
as
some
would
pretend
them
to
be
;
but
,
Faults
I
have
,
more
then
too
many
,
I
need
not
take
nor
add
to
my self
other
Mens
;
but
,
whether
this
be
a
Fault
or
no
,
I
cannot
undertake
to
Judge
.
But
certainly
,
I
am
in
no
Fault
:
for
,
I
was
at
—
when
this
Warrant
issued
from
Mr.
Vice-President
;
and
,
I
dare
say
,
he
is
a
Gentleman
so
worthy
and
noble
,
and
so
great
a
Lover
of
Truth
,
that
let
him
be
examined
upon
Oath
,
if
he
shall
not
absolutely
clear
me
from
Privity
or
Direction
of
it
,
I
so
much
rely
on
him
,
that
I
will
be
thought
Guilty
before
your
Lordships
for
this
Charge
:
Now
,
my
Lords
,
having
gone
over
all
that
first
part
,
which
I
thought
fit
to
apply
my self
to
,
and
that
is
Statute-Treason
,
There
is
no
Statute-Treasons
in
the
whole
Charge
,
nor
colour
or
pretence
thereof
,
save
onely
that
of
Newcastle
which
was
waved
.
In
these
,
my
Lords
,
I
hope
I
am
clear
before
your
Lordships
;
and
,
sure
I
am
,
they
give
me
little
disquiet
,
for
,
in
good
faith
,
I
am
clear
in
my
own
poor
Judgment
.
Then
comes
in
the
second
Condition
of
Treason
in
the
charge
,
and
that
is
Constructive-Treason
;
and
,
it
is
laid
down
in
the
first
Article
of
the
General
Charge
.
For
,
my
Lords
,
I
must
tell
you
,
the
First
Articles
exhibited
,
are
Grounds
and
Foundations
whereupon
the
rest
are
gathered
,
and
to
which
they
resort
and
apply
themselves
severally
.
I
do
conceive
my self
,
in
a
manner
,
by
themselves
,
clear
of
seven
of
these
,
for
,
they
have
,
in
a
manner
,
relinquished
Five
of
them
;
So
that
the
First
Article
is
the
main
Article
whereupon
I
must
be
touched
,
and
that
is
laid
in
the
Charge
thus
.
That
I
have
Trayterously
endeavoured
,
to
subvert
the
Fundamental
Lawes
and
Government
of
the
Realmes
of
England
and
Ireland
;
and
have
,
by
Trayterous
Words
,
Councils
,
and
Actions
,
declared
the
same
;
and
have
advised
His
Majesty
to
Compel
His
Subjects
,
to
submit
thereunto
by
force
.
My
Lords
,
I
must
confess
I
have
many
times
with
my self
considered
with
wonder
,
at
the
Wisdom
of
our
Ancestors
,
that
set
the
Pillars
of
this
Monarchy
with
that
singular
Judgment
and
Providence
,
that
I
have
ever
observed
,
that
so
oft
as
either
the
Prerogative
of
the
Crown
,
or
Liberty
of
the
Subject
,
Ecclesiastical
or
Temporal
powers
exceed
those
modest
bounds
set
and
appointed
for
them
,
by
the
sobriety
and
moderation
of
former
times
,
the
exercise
of
it
over-turn'd
to
the
Prejudice
and
to
the
Detriment
of
the
Publick
Weale
;
all
the
Strings
of
this
Government
and
Monarchy
have
been
so
perfectly
tuned
through
the
skill
and
attention
of
our
Fore-Fathers
,
that
if
you
wind
any
of
them
any
thing
higher
,
or
let
them
lower
,
you
shall
infallible
interrupt
the
sweet
accord
,
that
ought
to
be
entertained
of
King
and
People
.
With
this
Opinion
I
had
the
honour
to
sit
many
years
in
the
Commons
House
;
and
,
this
Opinion
I
have
carry'd
along
with
me
exactly
and
intirely
for
Fourteen
years
in
the
Kings
Service
;
ever
Resolving
in
my
heart
Stare
super
vias
antiquas
,
to
prove
,
with
equal
care
,
the
Prerogative
of
the
Crown
,
and
the
Liberty
of
the
Subject
,
to
Introduce
the
Laws
of
England
into
Ireland
,
ever
setting
before
my self
a
Joynt
and
Individual
well-being
of
King
and
People
(
for
either
they
must
be
both
or
neither
)
which
made
my
Misfortune
the
greater
to
be
now
in
my
Gray
Haires
charged
,
as
an
under-worker
against
that
Government
,
a
Subverter
of
that
Law
I
most
affected
,
and
a
Contriver
against
that
Religion
,
to
the
truth
whereof
I
would
Witness
by
the
Sealing
of
it
with
my
Blood
.
My
Lords
,
As
to
the
latter
part
,
concerning
my
Religion
,
they
have
quitted
me
;
and
I
have
nothing
to
answer
to
that
,
because
it
is
waved
;
and
,
I
trust
,
my
Lords
,
I
shall
clear
my self
in
the
first
part
,
concerning
my
being
a
Subverter
of
the
Fundamental
Laws
,
that
I
shall
stand
clear
to
your
Lordships
Judgments
in
that
Case
.
My
Lords
,
This
Subversion
must
be
by
words
,
by
Councils
,
and
by
Actions
in
Ireland
and
in
England
,
My
Lords
,
I
shall
first
give
you
an
Accompt
of
the
words
,
wherewithall
I
am
Charged
forth
of
Ireland
;
and
,
the
first
words
are
in
the
third
Article
,
where
I
am
Charged
to
have
said
,
That
Ireland
is
a
Conquered
Nation
,
and
that
the
King
may
do
with
them
as
he
pleaseth
:
And
,
to
the
City
of
Dublin
,
That
their
Charters
are
nothing
worth
,
and
bind
the
King
no
farther
than
he
pleaseth
.
These
are
the
words
Charged
.
My
Lords
,
methinks
it
is
very
strange
,
under
favour
,
that
this
can
be
made
an
Inducement
to
prove
this
Charge
,
because
I
said
,
That
Ireland
is
a
Conquer'd
Nation
,
therefore
I
endeavour
to
subvert
the
Fundamental
Laws
when
I
speak
the
Truth
,
for
certainly
it
is
very
true
,
it
was
so
.
My
Lords
,
under
favour
,
I
remember
very
well
,
there
was
as
much
said
here
at
this
Bar
,
since
we
began
;
and
yet
I
dare
well
Swear
,
and
acquit
him
that
spake
it
,
from
intending
to
Subvert
the
Lawes
.
For
,
my
Lords
,
you
were
told
,
and
told
truely
,
That
Ireland
was
a
Conquered
Nation
,
and
that
it
was
Subordinate
to
England
(
and
,
God
forbid
that
it
should
be
otherwise
)
and
that
they
have
received
Lawes
from
the
Conqueror
.
My
Lords
,
the
words
testified
by
my
Lord
Gormonstone
and
Kilmalock
to
be
spoken
,
are
not
the
words
wherewith
I
am
charged
,
and
so
,
under
favour
,
I
conceive
,
cannot
be
brought
to
my
prejudice
,
as
to
this
Tryal
,
and
they
are
words
that
are
denied
by
me
.
For
my
words
concerning
their
Charters
,
your
Lordships
remember
very
well
,
I
doubt
not
,
wherefore
I
said
they
were
void
,
For
their
misuse
of
them
,
and
that
I
told
them
so
,
not
with
the
intent
to
overthrow
their
Patents
,
or
Charters
,
but
to
make
them
more
conformable
to
those
things
,
that
the
State
thought
fit
,
for
encrease
of
Religion
and
Trade
,
and
encouraging
and
bringing
English
into
that
Town
;
And
,
that
it
was
meant
so
,
and
no
otherwise
;
Whatsoever
was
said
,
it
appeares
by
this
,
their
Charters
were
never
touched
nor
infringed
,
nor
medled
withal
by
me
,
during
the
time
I
was
in
that
Kingdom
;
so
that
words
so
spoken
,
and
to
such
a
purpose
,
that
they
should
go
to
prove
such
a
Conclusion
,
I
conceive
there
is
great
difference
betwixt
those
Premises
,
and
that
Conclusion
.
The
next
Charge
for
words
in
Ireland
,
is
in
the
Fourth
Article
,
where
I
am
Charged
to
have
said
,
That
I
would
neither
have
Law
,
nor
Lawyers
Dispute
or
Question
my
Orders
:
and
,
that
I
would
make
the
Earl
of
Cork
,
and
all
Ireland
know
,
that
as
long
as
I
had
the
Government
there
,
any
Act
of
State
should
be
as
binding
to
the
Subjects
of
that
Kingdom
,
as
an
Act
of
Parliament
.
My
Lords
,
I
humbly
beseech
your
Lordships
to
give
me
leave
to
say
for
my self
,
that
these
words
of
the
Charge
are
onely
Sworn
by
my
Lord
of
Corke
,
and
no
man
else
:
and
,
his
Lordship
appeared
a
little
mistaken
the
other
day
in
one
point
,
on
the
Reading
of
an
Order
of
the
Council-Board
,
for
so
it
appears
,
as
I
conceive
;
so
that
for
one
single
Witness
,
and
he
the
Party
Aggrieved
by
these
words
,
to
be
the
Man
that
must
convince
me
,
I
conceive
your
Lordships
will
not
think
that
to
stand
with
the
ordinary
Rules
of
proceeding
.
For
the
rest
,
to
say
Acts
of
State
in
Ireland
should
be
Binding
,
so
long
as
they
are
not
contrary
to
Law
,
I
confess
I
then
conceived
it
had
been
no
Offence
,
for
I
thought
them
to
be
as
binding
,
being
not
contrary
to
Law
;
but
,
the
Elder
we
grow
,
the
wiser
we
may
grow
,
if
God
give
us
the
Grace
,
and
Attentions
;
and
,
so
I
trust
I
shall
,
by
these
Gentlemen
,
that
have
taught
me
to
forbear
those
kind
of
Speeches
hereafter
.
My
Lords
,
These
are
all
the
Words
charged
against
me
for
Ireland
,
saving
onely
some
things
that
I
shall
come
to
anon
,
that
is
Charged
upon
me
in
one
of
the
latter
Articles
,
concerning
Scotland
;
I
say
,
my
Lords
,
these
are
all
the
Words
that
have
slipped
from
me
in
Seven
years
time
,
having
been
well
watched
,
and
observed
,
as
your
Lordships
may
perswade
your selves
I
have
been
;
But
,
in
Seven
years
time
,
I
say
,
these
are
all
the
words
brought
to
my
Charge
:
and
,
in
truth
,
I
conceive
,
a
wiser
Man
than
my self
might
be
forgiven
for
one
Error
,
or
slip
of
his
Tongue
of
that
Nature
in
a
years
time
,
seeing
it
is
in
no
greater
measure
,
God
be
praised
,
than
these
are
.
My
Lords
,
these
being
the
words
that
passed
from
me
in
Ireland
,
there
are
other
words
that
are
charged
upon
me
,
to
have
been
spoken
in
England
;
but
if
your
Lordships
will
give
me
leave
(
though
perhaps
in
no
very
good
method
)
I
shall
not
fail
to
touch
first
or
last
,
the
words
in
every
Article
.
The
next
Article
then
that
I
am
charged
withal
for
words
,
is
the
second
Article
,
and
these
are
the
words
that
I
should
say
,
concerning
the
Finger
and
the
Loins
.
My
Lords
,
I
may
alledge
much
new
matter
,
but
I
will
observe
your
Lordships
Order
punctually
,
by
the
Grace
of
God
,
for
what
I
may
say
in
that
case
,
if
it
might
be
admitted
,
I
keep
it
to
my self
;
but
the
truth
is
,
they
that
do
prove
the
words
to
be
thus
,
That
I
would
make
the
little
finger
of
the
Law
,
heavier
than
the
Kings
Loins
;
they
do
not
tell
you
the
occasion
of
the
Speech
,
or
what
went
before
,
or
what
after
;
for
my
Lords
,
if
they
had
told
the
occasion
(
which
methinks
they
should
,
as
well
have
remembred
as
the
words
)
it
would
plainly
and
clearly
have
appeared
to
your
Lordships
,
that
Sir
William
Pennymans
Testimony
was
most
true
,
for
the
occasion
was
such
,
that
to
have
said
those
words
,
had
been
to
have
spoken
against
that
to
which
I
intended
the
discourse
;
but
speaking
them
as
I
said
,
it
makes
very
strong
for
that
purpose
,
to
which
I
directed
them
;
which
was
to
appease
the
Countrey
,
and
quiet
the
Discontents
;
for
having
been
double
charged
with
the
Knight-money
,
and
therefore
it
was
not
properly
threatening
them
,
further
to
have
provoked
them
.
My
Lords
,
you
have
Sir
Will
.
Pennymans
testimony
,
that
it
was
so
,
and
my
profession
;
who
(
under
favour
)
will
not
speak
an
untruth
to
save
my
life
;
I
protest
before
God
,
that
I
say
,
I
verily
believe
,
or
else
I
will
never
speak
it
indeed
,
and
there
it
is
they
have
proved
it
to
have
been
said
one
way
,
we
another
way
,
we
give
the
occasion
of
our
Speech
,
and
disavow
theirs
,
and
so
we
must
leave
it
;
and
howsoever
,
these
words
so
spoken
,
can
never
be
drawn
(
as
I
humbly
conceive
)
as
premises
to
prove
their
conclusions
,
that
therefore
I
am
guilty
of
High
Treason
,
they
have
made
me
guilty
of
a
foolish
Word
,
and
that
I
confess
,
and
if
they
please
,
I
will
confess
it
all
the
day
long
;
for
I
have
been
foolish
all
the
days
of
my
life
,
and
I
hope
hereafter
I
shall
look
unto
my
ways
,
that
I
offend
not
with
my
Tongue
,
for
if
I
cannot
rule
it
abroad
,
I
will
rule
it
within
doors
else
I
will
never
stirr
abroad
,
but
bound
it
so
to
my
own
business
and
affairs
,
that
I
trust
I
shall
give
no
offence
.
The
next
Article
that
chargeth
me
with
words
,
is
the
22
Article
,
and
these
be
words
spoke
in
England
;
The
first
part
of
them
,
which
concerns
the
bringing
in
of
the
Irish
Army
,
I
have
spoken
to
already
;
but
in
the
conclusion
there
are
other
words
,
and
shortly
,
the
said
Earl
of
Strafford
returned
to
England
,
and
to
sundry
persons
declared
his
opinion
to
be
,
That
His
Majesty
should
first
try
the
Parliament
here
,
and
if
that
did
not
supply
him
according
to
his
occasions
,
he
might
then
use
his
Prerogative
as
he
pleased
,
to
levy
what
he
needed
,
and
that
he
should
be
acquitted
both
of
God
and
Man
,
if
he
took
some
other
courses
to
supply
himself
,
though
it
were
against
the
will
of
his
Subjects
.
My
Lords
,
as
unto
this
,
I
conceive
the
Charge
is
not
proved
by
any
Witness
,
that
hath
been
here
produced
against
me
;
and
in
truth
my
Lords
,
I
must
needs
say
this
,
under
favour
(
if
it
be
an
error
in
my
Judgement
,
I
must
humbly
crave
your
Lordships
pardon
)
through
the
whole
Cause
I
have
not
seen
a
weaker
proof
,
and
if
I
had
had
time
to
have
gotten
my
Witnesses
out
of
Ireland
,
I
hope
that
should
be
proved
,
and
so
clearly
,
as
nothing
could
be
proved
more
;
but
I
must
stand
or
fall
to
what
I
have
proved
,
and
so
I
do
my
Lords
;
the
proof
they
offer
for
this
(
as
I
conceive
)
is
the
Testimony
of
my
Lord
Primate
,
and
his
Testimony
is
,
That
in
some
discourse
betwixt
us
two
,
touching
Levying
upon
the
Subject
in
case
of
imminent
necessity
,
he
found
me
of
opinion
,
that
the
King
might
use
his
Prerogative
as
he
pleased
.
My
Lords
,
this
is
(
under
favour
)
a
single
Testimony
,
it
is
of
a
discourse
between
him
and
me
,
and
there
is
not
any
other
that
witnesses
any
thing
concerning
it
,
so
that
(
under
favour
My
Lords
)
I
conceive
this
will
not
be
sufficient
to
bring
me
any
ways
in
danger
of
Treason
,
being
but
a
single
Testimony
;
and
my
Lords
,
it
is
to
be
thought
,
and
to
be
believed
(
and
it
were
a
great
offence
for
any
man
to
think
otherwise
)
that
in
this
case
any
thing
can
please
the
King
(
he
is
so
Gracious
and
Good
)
but
what
shall
be
Just
and
Lawful
,
and
then
there
is
no
doubt
,
but
so
far
as
with
Justice
and
Lawfulness
,
he
may
use
his
Prerogative
in
case
of
imminent
danger
,
when
ordinary
means
will
not
be
admitted
.
At
most
,
he
saith
it
was
but
an
opinion
,
and
opinions
may
make
an
Heretick
,
but
they
shall
not
,
I
trust
,
make
a
Traitor
.
The
next
is
the
Testimony
of
my
Lord
Conway
,
and
the
words
that
his
Lordship
testifies
are
these
;
That
in
case
the
King
would
not
be
otherwise
supplyed
by
Subsidies
,
he
might
seek
means
to
help
himself
,
though
it
were
against
the
will
of
his
Subjects
.
Truly
,
my
Lords
,
if
I
should
acknowledge
these
words
,
I
do
not
see
how
they
can
be
any
way
Capital
in
my
case
;
but
this
again
is
but
a
single
Testimony
,
and
there
is
no
other
that
says
it
but
himself
,
and
if
there
be
a
good
sense
given
to
them
,
certainly
the
words
may
very
well
bear
it
,
for
I
think
it
is
a
very
natural
motion
for
any
man
to
preserve
himself
,
though
it
be
to
the
disliking
of
another
;
and
why
a
King
should
not
do
it
as
well
as
a
Subject
,
it
is
such
a
prerogative
of
Kings
,
as
I
never
yet
heard
of
;
for
I
thought
,
though
they
had
been
Gods
on
earth
,
yet
they
are
men
,
and
have
affections
as
men
,
and
should
preserve
themselves
,
being
not
only
accountable
for
themselves
,
to
God
Almighty
,
but
also
for
their
Subjects
,
whose
Good
and
Benefit
is
wrapt
up
and
involved
in
theirs
,
and
therefore
the
King
ought
more
to
regard
his
own
preservation
,
than
the
Common-wealth
.
The
Third
is
,
That
Mr.
Treasurer
says
,
that
to
his
best
remembrance
I
did
say
,
That
if
the
Parliament
should
not
succeed
,
I
would
be
ready
to
assist
His
Majesty
any
other
way
;
God
forbid
this
should
be
any
offence
for
to
say
so
,
either
in
him
or
me
;
for
I
will
swear
,
if
it
please
you
,
that
he
said
so
as
well
as
I
,
therefore
God
forbid
,
it
should
endanger
either
of
us
both
;
for
my
Lords
,
to
say
I
will
serve
the
King
any
other
way
,
it
is
no
other
than
what
became
a
good
and
faithful
servant
to
do
,
always
provided
,
the
way
be
good
and
lawful
,
which
in
this
case
,
is
always
to
be
admitted
among
persons
of
Honor
and
persons
of
Trust
;
and
therefore
admitting
it
not
any
other
way
,
it
was
just
,
and
lawful
,
and
commendable
in
Mr.
Treasurer
and
me
;
for
I
vow
to
your
Lordships
,
we
both
said
it
,
and
he
as
fully
as
I.
But
my
Lords
,
all
these
come
very
far
short
,
to
prove
the
words
of
the
Charge
,
and
this
(
under
favour
)
is
all
the
proof
as
I
have
taken
,
that
I
should
say
these
words
before
the
Parliament
.
The
next
words
I
am
charged
withal
,
are
in
the
23
Article
,
and
those
,
my
Lords
are
,
that
having
tryed
the
affections
of
his
people
,
His
Majesty
was
loose
and
absolved
from
all
Rules
of
Goverment
,
and
was
to
do
every
thing
that
Power
would
admit
,
and
that
His
Majesty
had
tryed
all
wayes
,
and
was
refused
,
and
should
be
acquitted
both
of
God
and
man
:
For
the
latter
part
that
concerns
the
reducing
of
this
Kingdom
by
the
Irish
Army
,
I
have
answered
already
,
and
therefore
shall
not
need
to
repeat
it
My
Lords
,
mine
Answer
(
under
favour
)
to
those
words
,
with
your
Lordships
Noble
permission
,
must
be
thus
,
That
they
are
no
way
proved
in
the
most
material
part
of
them
,
by
any
Testimony
that
hath
been
offered
,
I
shall
,
as
near
as
I
can
,
repeat
the
proofs
that
were
offered
on
this
point
(
for
these
Articles
were
brought
in
four
or
five
together
,
)
but
I
shall
apply
the
proofs
severally
and
distinctly
.
The
Testimony
first
given
,
was
the
Testimony
of
the
Lord
of
Bristol
,
wherein
his
Lordship
says
,
That
in
a
discourse
,
there
was
difference
betwixt
his
Lordship
and
me
,
in
some
Tenents
of
ours
.
To
which
I
answered
the
other
day
;
that
in
discourse
we
speak
not
always
the
things
we
think
,
but
many
times
to
gain
from
other
mens
arguments
,
to
strengthen
me
in
my
opinion
,
I
will
seem
to
be
of
the
contrary
;
This
is
ordinary
and
familiar
in
all
conversation
,
and
very
honest
and
just
,
so
that
albeit
we
seem
to
differ
as
we
held
it
severally
,
yet
if
the
pulse
of
our
hearts
had
been
touched
close
,
both
his
and
mine
,
perhaps
we
should
have
found
it
one
and
the
same
;
Besides
,
his
Lordship
said
,
I
disliked
not
the
discourse
,
we
speaking
of
another
Parliament
;
only
I
said
,
it
was
not
convenient
at
that
time
,
and
that
the
present
dangers
would
not
admit
a
remedy
of
so
long
consideration
;
and
that
the
King
must
provide
for
the
Common-wealth
,
Et
salus
populi
suprema
lex
.
And
truly
my
Lords
,
I
think
that
it
is
very
hard
,
any
man
should
upon
such
a
discourse
,
have
his
words
turned
upon
him
,
and
made
use
of
to
condemn
him
for
High
Treason
.
My
Lords
,
I
know
you
are
so
just
that
you
would
judge
me
,
as
you
would
be
judged
your selves
,
and
whether
any
man
that
hears
me
,
would
be
content
,
to
have
every
word
that
falls
in
discourse
betwixt
man
and
man
,
to
be
so
severely
interpreted
,
I
leave
to
every
mans
Breast
,
what
he
finds
in
the
closet
of
his
own
Heart
:
and
desire
to
be
judged
according
to
that
.
My
Lord
went
further
,
and
says
,
I
should
say
that
the
King
was
not
to
be
mastered
by
the
frowardness
,
or
disaffection
of
some
particular
men
,
and
conceives
it
be
meant
of
the
Parliament
.
My
Lords
,
I
say
(
under
favour
)
these
words
are
not
within
the
Charge
,
and
therefore
I
am
not
to
be
accountable
for
them
;
besides
,
it
is
a
single
Testimony
,
and
by
the
proviso
of
that
Statute
,
cannot
be
made
use
of
,
to
the
end
and
purpose
for
which
they
bring
them
.
My
Lords
,
the
next
Testimony
offered
for
proving
this
Charge
,
is
the
Testimony
of
my
Lord
of
Newburgh
,
and
he
sayes
,
That
at
the
Council-Board
,
or
in
the
Gallery
I
did
say
,
that
seeing
the
Parliament
had
not
supplied
the
King
,
His
Majesty
might
take
other
courses
for
the
defence
of
the
Kingdom
.
Truly
my
Lords
(
under
favour
)
who
doubts
but
he
might
,
for
my
part
,
I
see
not
where
the
offence
is
;
for
another
man
to
have
said
thus
,
for
if
another
man
will
not
help
me
,
may
not
I
therefore
help
my self
?
(
under
favour
)
I
conceive
there
is
no
great
weight
nor
crime
in
these
words
,
but
in
these
likewise
he
stands
a
single
Testimony
,
there
is
no
man
that
joyns
with
him
in
it
;
and
there
is
this
in
the
whole
Cause
,
concerning
the
words
,
that
I
think
there
is
not
any
one
thing
wherein
two
concurr
.
The
next
Testimony
is
that
of
the
Earl
of
Holland
,
and
he
sayes
,
That
at
the
Council-Board
I
said
,
The
Parliament
having
denyed
the
King
,
he
had
advantage
to
supply
himself
other
ways
;
Truly
,
my
Lords
,
I
say
still
other
wayes
,
being
lawful
wayes
,
and
just
wayes
,
and
such
wayes
as
the
goodness
of
the
King
can
only
walk
in
,
and
in
no
other
can
he
walk
.
And
therefore
I
conceive
,
they
be
far
from
bringing
it
to
so
high
a
guilt
as
Treason
;
and
this
likewise
his
Lordship
expresses
as
the
rest
do
,
singly
on
his
own
word
,
as
he
conceives
them
,
and
not
on
the
particular
word
of
any
other
person
,
which
is
I
say
,
the
case
of
every
one
that
speaks
in
the
business
;
and
therefore
there
being
so
great
a
difference
in
the
Report
and
Conceiving
of
things
,
it
is
very
hard
my
words
should
be
taken
to
my
destruction
,
when
no
Man
agrees
what
they
were
.
My
Lord
of
Northumberland
is
the
next
,
and
he
sayes
,
I
should
say
at
a
Committee
for
the
Scotish
affairs
,
That
in
case
of
necessity
,
and
for
defence
and
safety
of
the
Kingdom
,
every
thing
must
be
done
for
the
preservation
of
the
King
and
his
People
.
And
this
is
the
Testimony
of
my
Lord
in
that
point
;
if
I
take
any
thing
short
,
it
is
against
my
Will
,
I
give
you
my
Notes
as
far
as
I
have
them
,
and
further
I
cannot
remember
them
.
But
my
Lords
,
I
say
this
brings
it
to
that
,
which
is
indeed
,
the
great
part
of
my
Defence
in
this
case
:
There
is
another
agreed
in
this
too
,
and
it
is
Mr
Treasurer
,
who
sayes
,
that
in
Argument
for
Offensive
or
Defensive
War
,
I
should
say
,
That
having
tried
all
ways
,
and
being
refused
,
the
King
might
in
extream
necessity
,
provide
for
the
safety
of
himself
and
his
People
;
I
say
this
brings
it
to
that
,
which
is
principally
for
my
Defence
that
must
qualify
,
if
not
absolutely
free
me
from
any
blame
;
and
that
is
that
which
did
proceed
and
follow
after
.
My
Lords
(
under
favour
)
I
have
heard
some
discourse
of
great
weight
,
and
of
great
Authority
;
and
that
is
certain
,
the
Arguments
that
were
used
in
the
case
of
Ship-Money
,
by
those
that
Argued
against
the
King
in
that
Case
,
say
as
much
,
and
will
undertake
,
if
any
man
read
those
Arguments
,
he
shall
find
as
much
said
there
,
as
I
said
at
Council-Board
;
for
there
you
shall
hear
,
that
there
be
certain
Times
and
Seasons
,
when
Propriety
ceases
,
as
in
the
case
of
Burning
,
where
a
Man
pulls
down
the
next
House
,
to
preserve
the
whole
street
from
being
set
on
fire
.
In
the
case
of
building
Forts
on
any
mans
Land
,
where
it
is
for
the
publique
defence
of
the
Kingdom
,
in
both
these
Cases
,
Propriety
doth
cease
:
nay
,
he
says
that
in
War
,
Inter
Arma
silent
Leges
.
Now
my
Lords
,
these
are
as
highly
said
,
as
any
thing
you
have
heard
by
me
,
and
yet
certainly
is
no
subverting
of
the
Fundamental
Laws
for
all
that
;
and
therefore
,
if
a
man
must
be
judged
,
he
must
not
be
judged
by
pieces
,
but
by
all
together
.
My
Lords
,
Whatsoever
I
said
at
Council-Board
,
was
led
in
by
this
Case
,
what
a
King
should
do
,
in
case
of
a
Foreign
Invasion
of
an
Enemy
,
when
the
ordinary
wayes
and
means
of
levying
Money
would
not
come
in
seasonably
to
prevent
mischief
,
for
what
a
King
may
do
,
in
case
of
absolute
necessity
;
certainly
in
these
cases
,
the
ordinary
Rules
do
not
take
place
;
as
this
was
the
Case
that
let
in
the
Discourse
,
so
I
most
humbly
beseech
your
Lordships
(
for
it
is
fully
proved
)
to
remember
what
was
the
conclusion
of
that
Discourse
;
which
was
,
That
after
the
present
occasion
provided
for
,
the
King
was
obliged
in
Honor
and
Justice
to
vindicate
and
free
the
Liberty
of
the
Subject
from
all
prejudice
,
and
harm
it
might
sustain
in
that
extraordinary
occasion
,
and
that
this
was
to
be
done
by
a
Parliament
,
and
no
other
way
but
a
Parliament
:
and
the
King
and
his
People
could
never
be
happy
,
till
the
Prerogative
of
the
Crown
,
and
the
Liberty
of
the
Subject
were
so
bounded
and
known
,
that
they
might
goe
hand
in
hand
together
,
mutually
to
the
assistance
of
one
another
.
My
Lords
,
give
me
that
which
precedes
,
and
that
which
follows
,
(
both
being
proved
to
be
the
Case
in
these
words
in
the
Charge
)
I
think
,
considering
these
two
,
I
should
be
far
from
having
committed
any
great
crime
or
offence
,
in
saying
these
words
.
But
I
say
as
I
said
before
,
I
shall
be
more
wary
for
the
time
hereafter
,
if
it
please
God
to
give
me
that
Grace
and
Life
,
which
I
submit
to
him
,
and
shall
readily
and
willingly
resign
to
his
good
Will
and
Pleasure
;
I
conceive
therefore
,
that
as
these
words
are
accompanied
,
they
be
not
words
that
do
amount
to
Treason
,
and
are
so
qualifyed
,
and
so
weakly
proved
,
that
I
trust
they
shall
not
stick
with
your
Lordships
.
The
next
words
that
I
am
charged
withal
in
England
,
be
on
the
25th
Article
,
and
that
is
,
that
I
should
say
,
that
the
Aldermen
that
would
not
give
in
the
names
of
the
able
men
of
the
City
,
deserved
to
be
put
to
Fine
and
Ransome
,
and
that
no
good
would
be
done
with
them
,
till
an
example
were
made
of
them
,
and
they
were
laid
by
the
heels
,
and
some
of
the
Aldermen
hanged
up
.
In
the
first
part
of
the
Article
,
there
is
something
,
concerning
my
advice
for
raising
the
Money
,
but
it
is
not
proved
that
I
did
any
thing
therein
,
but
as
others
did
,
and
as
in
former
years
had
been
done
,
before
my
coming
into
the
Kingdom
:
For
the
words
,
that
they
deserved
Fine
and
Ransome
,
I
confess
them
in
my
Answer
,
just
in
the
same
manner
as
my
Lord
of
Berkshire
was
pleased
to
testify
them
the
other
day
,
that
is
,
That
if
they
should
not
do
the
thing
desired
,
they
might
in
my
opinion
,
be
liable
to
Fine
and
Ransome
.
And
my
Lords
,
admit
I
were
mistaken
in
my
opinion
,
shall
it
be
a
Treason
to
be
mistaken
?
I
say
in
my
opinion
,
they
might
be
lyable
to
Fine
and
Ransome
;
but
what
is
this
to
Treason
?
Under
favour
,
nothing
at
all
as
I
conceive
.
For
the
other
part
,
that
it
would
never
be
well
,
till
some
of
the
Aldermen
be
hanged
;
it
proves
to
be
testified
by
Mr.
Alderman
Garroway
,
and
he
owns
it
only
for
himself
;
for
it
was
not
that
some
of
the
Aldermen
should
be
hanged
,
but
he
said
at
the
Bar
,
till
he
himself
were
hanged
.
My
Lords
,
This
is
a
single
Testimony
,
and
these
words
,
as
he
says
,
were
by
me
spoken
to
the
King
at
the
Council-Board
,
That
it
would
never
be
well
till
some
of
them
were
hanged
,
meaning
himself
;
truly
my
Lords
,
I
thank
God
I
never
spake
such
unmannerly
Language
all
the
dayes
of
my
life
,
I
have
had
more
regard
to
my
words
than
to
say
such
things
to
my
Master
;
and
your
Lordships
must
needs
be
many
of
you
by
,
and
I
am
very
confident
,
there
is
not
one
among
you
,
that
can
remember
any
such
words
were
spoke
;
for
in
good
faith
,
I
did
not
speak
them
;
And
my
Lords
,
before
this
misfortune
did
befall
me
,
I
should
with
modesty
have
thought
my self
a
person
on
equal
terms
,
to
have
been
believed
as
well
as
Mr.
Garraway
,
and
I
speak
it
with
as
great
confidence
as
he
,
that
I
never
spake
the
words
.
My
Lords
,
The
next
is
the
26th
Article
,
and
that
is
,
that
I
should
say
the
City
of
London
dealt
undutifully
with
the
King
,
and
they
were
more
ready
to
help
the
Rebels
,
than
to
help
His
Majesty
;
and
if
any
hurt
came
to
them
,
they
might
thank
themselves
.
My
Lords
,
I
am
in
the
first
part
of
this
Article
,
charged
to
have
counselled
and
approved
two
dangerous
and
wicked
Projects
,
the
one
concerning
the
stay
of
the
Bullion
in
the
Tower
,
the
other
concernin
Copper-coyn
,
and
no
proof
hath
been
offered
,
that
I
either
compelled
,
or
approved
either
of
those
two
Projects
.
And
my
Lords
,
it
is
proved
to
your
Lordships
,
that
when
the
Merchants
came
,
I
told
them
,
I
knew
nothing
of
the
business
as
to
the
Bullion
,
neither
indeed
,
did
I
ever
know
there
was
any
Bullion
,
nor
any
thing
of
that
nature
in
the
Tower
.
But
for
the
words
,
I
conceive
it
had
been
no
Treason
for
me
to
think
at
that
time
,
that
the
Londoners
had
dealt
unthankfully
with
His
Majesty
,
I
thought
I
might
have
said
it
freely
,
without
danger
of
such
a
thought
,
as
might
conduce
to
the
convicting
me
of
Treason
.
But
whatsoever
I
then
thought
,
or
on
what
grounds
soever
,
it
may
be
remembred
,
that
then
I
alledged
,
and
now
I
speak
it
,
when
news
was
brought
to
York
,
that
the
City
had
sent
the
King
Two
hundred
thousand
pounds
,
I
took
notice
,
that
notwithstanding
all
I
had
thought
formerly
,
they
had
now
made
such
recompence
,
and
so
cleared
their
Faith
and
Duty
to
the
King
,
that
I
should
be
their
servant
,
and
lay
my
hand
under
their
feet
,
as
those
that
heard
me
are
able
to
speak
;
for
though
at
first
I
said
they
had
dealt
unthanfully
with
the
King
,
yet
afterwards
I
was
ready
and
willing
upon
all
occasions
,
to
testify
the
contrary
of
them
,
and
to
profess
that
I
was
ready
to
serve
them
upon
all
occasions
,
just
,
and
honest
,
and
honourable
.
As
for
my
saying
,
that
they
were
readier
to
help
the
Rebels
than
the
King
.
In
truth
I
am
a
man
that
cannot
justify
a
thing
I
do
not
approve
,
I
must
needs
say
,
it
was
an
unadvised
Speech
;
and
,
I
wish
I
had
not
spoke
it
:
it
seems
I
did
speak
it
;
for
I
have
reason
to
believe
honest
men
when
they
Swear
,
though
,
in
truth
,
I
remember
it
not
:
but
,
I
have
no
reason
or
cause
to
think
,
they
would
take
an
Oath
otherwise
then
truth
.
I
have
no
exception
to
the
Men
,
and
therefore
,
upon
their
words
,
I
must
Credit
them
,
before
my
own
memory
;
but
,
it
was
an
Unadvised
Speech
,
and
he
is
a
wise
man
,
and
much
wiser
then
my self
,
that
some
time
offends
not
with
his
Tongue
.
And
,
in
truth
,
my
Lords
,
though
there
be
no
Treason
in
it
,
they
are
the
most
unwarranted
words
that
appeare
in
the
whole
Proofe
made
against
me
.
In
the
26th
there
are
some
words
,
that
I
should
speak
to
my
Lord
Cottington
,
concerning
a
Foolish
Pamphlet
,
or
Gazette
,
which
I
then
had
in
my
hand
;
and
,
it
is
such
a
Toy
in
it self
,
and
all
the
Circumstances
of
it
,
that
I
hold
it
not
worth
the
mentioning
,
but
only
that
I
would
not
forget
any
thing
in
the
Proofes
,
as
near
as
I
could
,
and
the
Proofe
is
uncertain
,
for
onely
one
Man
sayes
it
,
and
,
the
very
words
he
cannot
express
:
Now
,
he
that
shall
Swear
,
when
he
cannot
express
the
Words
,
his
Testimony
is
but
of
small
value
;
and
,
he
is
but
a
Single
Proofe
at
best
to
disprove
what
is
deposed
by
Sir
William
Parkhurst
,
who
sayes
,
he
was
by
,
yet
heard
not
the
Words
;
And
,
Cogam
sayes
,
he
remembers
not
the
words
:
and
so
,
upon
the
matter
,
there
are
two
against
one
;
and
,
the
whole
being
so
uncertain
,
I
conceive
it
is
of
very
little
moment
in
your
Lordships
Judgments
.
My
Lords
,
These
are
as
near
as
I
can
gather
,
all
that
are
charged
as
unto
words
,
spoken
either
in
England
or
Ireland
Councils
,
other
then
these
I
am
not
charged
withall
,
and
so
there
remains
nothing
but
my
Actions
;
and
,
if
I
can
free
them
as
well
,
as
I
have
freed
the
Words
,
I
conceive
then
,
under
favour
,
I
have
fully
Answered
all
,
that
hath
been
objected
against
me
.
My
Lords
,
The
first
of
these
is
the
Fifth
Article
in
the
Case
of
Sentence
of
the
Council
of
War
,
against
my
Lord
Mountnorris
,
and
the
Sentence
of
the
Council
of
War
against
Denwit
.
For
that
of
my
Lord
Mountnorris
,
I
have
shewed
plainly
and
clearly
to
your
Lordships
,
that
I
was
no
Judge
in
the
Cause
,
but
a
Party
,
and
therefore
not
Responsible
for
any
Judgment
given
against
his
Lordship
.
I
gave
no
Vote
,
and
so
consequently
am
not
to
Answer
for
any
Guilt
,
if
there
were
any
;
which
,
under
favour
,
I
conceive
,
since
all
Martial
Law
is
Adjudged
to
be
against
the
Law
,
I
may
be
of
another
Opinion
;
but
,
formerly
conceiving
that
that
might
have
stood
with
the
Law
,
I
might
say
something
more
for
the
Justification
of
it
,
then
now
I
do
,
but
hower
I
was
no
Party
.
They
say
,
he
was
a
Peer
,
and
it
is
very
true
;
but
,
as
he
was
a
Peer
,
so
he
was
a
Captain
of
the
Army
;
and
,
in
this
Case
,
we
consider
Men
as
Members
of
the
Army
,
not
as
Peers
:
And
,
if
a
Peer
will
not
submit
himself
to
an
Officer
of
the
Army
,
he
must
submit
himself
to
the
Order
of
the
Army
.
Besides
,
I
say
it
was
intended
only
as
a
Discipline
to
him
,
the
better
to
remember
him
to
govern
his
Tongue
afterwards
towards
other
Men
;
and
,
that
there
was
no
more
Prejudice
fell
upon
him
by
it
,
but
two
or
three
days
Imprisonment
,
so
there
was
no
great
Animosity
in
the
business
:
besides
,
it
appeared
to
your
Lordships
,
that
two
or
three
dayes
after
we
writ
to
the
King
,
and
obtained
his
Pardon
;
so
that
I
conceive
,
the
Inconvenience
was
not
very
great
to
him
,
nor
the
Proceedings
such
,
as
should
make
it
unpardonable
,
or
Criminal
in
them
that
gave
Sentence
upon
him
,
whereof
I
was
none
.
For
that
other
,
concerning
Denwitt
,
your
Lordships
may
remember
,
he
was
found
Guilty
of
Stealing
a
Quarter
of
Beef
,
and
for
Running
from
his
Collours
,
and
was
formerly
Burnt
in
the
Hand
;
for
that
he
should
be
Proceeded
against
another
way
:
But
,
falling
out
at
that
time
,
when
Five
hundred
Men
were
going
over
to
Carlisle
,
and
they
being
unwilling
to
be
put
to
Sea
,
we
were
inforced
to
those
proceedings
for
the
preventing
of
further
Mischief
.
And
,
there
is
another
thing
;
that
the
Martial-Law
hath
been
alway
in
Force
,
and
executed
in
all
times
in
Ireland
,
and
never
so
sparingly
as
in
my
time
;
for
,
this
is
the
only
Man
that
suffered
all
the
time
I
had
the
Honour
of
the
Government
:
And
,
I
dare
Appeal
to
them
that
know
the
Country
,
Whether
,
in
former
times
,
many
Men
have
not
been
committed
,
and
Executed
,
by
Martial-Law
,
by
the
Deputies
Warrant
,
that
were
not
Thieves
and
Rebels
,
but
such
as
went
up
and
down
the
Country
?
if
they
could
not
give
Account
of
themselves
,
the
Provost-Martial
,
by
direction
of
the
Deputies
,
using
,
in
such
Case
,
to
Hang
them
up
.
I
dare
say
there
are
Hundreds
of
Examples
in
this
kind
;
so
that
as
to
that
,
I
do
not
Justifie
it
;
But
,
I
say
,
it
is
a
Pardonable
Fault
;
and
,
that
others
are
of
Course
Pardoned
for
it
;
And
,
I
trust
,
that
what
falls
of
Course
,
shall
not
be
laid
upon
me
as
High-Treason
;
or
conducing
to
it
.
The
next
is
the
Sixth
Article
;
and
that
is
in
the
Case
of
Richard
Rollston
;
and
,
therein
,
I
am
said
to
have
Subverted
the
Fundamental
Laws
,
by
executing
a
Power
,
and
a
Jurisdiction
,
which
was
not
Warranted
by
Law
,
upon
a
Paper
Petition
,
putting
out
of
Possession
of
his
Freehold
and
Inheritance
my
Lord
Mountnorris
.
My
Lords
,
That
Sentence
will
appear
to
your
Lordships
to
be
no
more
,
then
the
relieving
a
Poor
Man
in
case
of
Equity
;
and
,
it
is
proved
to
you
to
be
a
Power
,
that
hath
been
formerly
practised
by
the
Deputies
;
and
,
I
humbly
conceive
the
Decree
is
just
:
So
that
,
my
Lords
,
I
must
Confess
,
it
is
something
strange
to
me
,
That
,
having
the
Kings
Letter
to
Warrant
me
in
the
Course
of
Proceedings
,
and
having
the
Power
of
former
Deputies
in
like
Case
,
and
doing
no
more
therein
then
the
Lord
Chancellor
,
by
the
very
self-same
Law
,
should
do
in
other
places
:
And
,
that
which
should
be
—
done
,
by
the
Chancellor
,
should
be
Innocent
and
Just
,
yet
become
High-Treason
when
done
by
me
,
is
a
thing
I
understand
not
.
The
next
is
the
Case
of
Tonnres
;
and
,
that
is
waved
by
them
;
and
well
may
it
be
;
for
,
it
was
in
a
Case
of
Plantation
;
there
was
no
Possession
altered
,
and
it
is
fully
within
the
Book
of
the
Kings
Instructions
.
The
next
is
in
the
Case
of
Sir
Iohn
Gifford
against
the
Lord
Viscount
Loftus
,
which
they
have
Waved
;
and
,
well
they
may
;
for
it
was
grounded
on
a
Letter
from
the
King
,
Commanding
it
to
be
heard
by
the
Deputy
and
Council
,
which
is
clearly
within
the
Instructions
,
and
hath
been
since
heard
by
the
King
and
Council-Board
,
and
by
them
Confirmed
for
a
Just
Decree
.
The
next
is
the
Case
of
my
Lord
of
Kildare
;
and
,
that
they
may
well
Wave
too
;
the
Proceedings
being
grounded
upon
a
Letter
from
His
Majesty
,
and
nothing
done
but
in
persuance
of
an
Award
between
the
Lord
Digbyes
House
,
and
that
House
of
Kildare
made
by
King
Iames.
The
next
is
the
Lady
Hibbots
Case
;
and
that
was
Relief
given
to
Poor
Men
,
circumvented
by
Practice
,
to
the
Prejudice
of
himself
.
My
Lords
,
I
had
Power
to
hear
that
Cause
,
and
all
Causes
of
that
Nature
,
by
the
King's
Letter
,
and
according
to
the
Practice
of
former
Deputies
:
And
,
I
conceive
,
it
will
appear
,
when
it
comes
to
be
heard
,
to
be
a
just
and
fair
Decree
,
I
do
not
any
way
question
that
,
though
I
remember
little
of
the
business
.
But
,
at
the
worst
,
this
is
but
an
over-exercising
of
a
Jurisdiction
;
and
,
that
it
should
be
High-Treason
in
a
Judge
to
exceed
his
Jurisdiction
,
I
must
confess
I
never
heard
it
.
I
told
your
Lordships
the
other
day
,
Bono
Iudici
est
Amplior
Iurisdictio
.
But
,
that
it
should
be
High-Treason
to
enlarge
Jurisdiction
,
is
a
perilous
Point
;
and
,
if
it
be
so
,
it
befits
your
Lordships
,
and
all
Judges
,
to
be
well
certained
what
you
may
do
,
least
by
going
too
far
,
you
fall
into
great
Inconveniences
.
But
,
my
Lords
,
I
say
(
under
favour
)
that
all
these
,
if
they
had
been
done
without
any
manner
of
Authority
,
had
not
been
a
Subversion
,
but
rather
a
diversion
of
the
Law
:
it
could
not
be
properly
said
,
to
be
the
subverting
of
the
Fundamental
Lawes
,
though
it
might
be
a
diverting
,
and
so
long
as
I
keep
the
Rule
of
the
Law
,
and
do
the
same
things
that
another
man
does
,
in
a
more
legal
way
,
I
mean
in
a
more
warrantable
place
;
I
say
,
my
doing
of
the
same
thing
in
an
improper
place
,
is
not
a
Subversion
,
but
a
diversion
of
the
Law
:
If
you
will
bring
in
the
Thames
about
Lambeth
,
to
come
in
again
below
the
Bridge
,
the
River
is
the
same
,
though
the
Course
be
diverted
to
another
place
:
So
the
Fundamental
Law
is
the
same
,
though
the
Course
be
diverted
to
another
place
;
I
say
,
the
Fundamental
Law
is
the
same
,
onely
it
is
carry'd
in
another
Pipe
:
And
,
Shall
this
be
said
to
be
a
Subverting
?
Under
favour
,
as
the
River
is
the
same
,
so
the
Law
is
the
same
;
it
is
not
a
subversion
,
but
a
diversion
.
Nor
doth
it
skill
where
Justice
be
done
(
I
mean
so
far
as
it
concerns
the
Subjects
Interest
)
for
,
so
long
as
he
hath
Justice
speedily
,
and
with
least
Charge
,
his
end
is
complyed
with
,
and
it
concernes
not
himself
,
whether
he
hath
it
in
the
Kings
Bench
,
or
Common-Pleas
;
so
he
hath
it
speedily
,
and
with
the
least
Charge
:
And
therefore
,
as
long
as
the
Lawes
are
the
same
,
though
Executed
by
several
Persons
,
and
in
several
places
,
I
cannot
conceive
it
to
be
a
subversion
:
And
,
I
shall
humbly
beseech
your
Lordships
,
to
take
care
,
that
while
these
straynes
are
put
upon
me
,
to
make
this
Personal
Charge
against
me
,
ye
do
not
through
my
Sides
,
Wound
the
Crown
of
England
,
by
taking
that
Power
from
the
Deputy
,
which
must
of
necessity
be
lodged
in
him
,
if
you
will
have
that
Kingdom
depend
upon
the
Crown
of
England
,
which
I
hold
,
in
all
Wisdom
and
Judgment
,
ought
to
be
cared
for
:
Therefore
,
I
beseech
you
,
prejudice
not
the
Deputy
,
to
the
Disabling
him
from
serving
the
Crown
hereafter
,
by
Beating
down
me
,
who
am
this
day
to
Answer
before
you
;
For
,
if
you
take
away
the
Power
of
the
Deputy
,
you
shall
not
have
that
Kingdom
long
depend
upon
this
Crown
;
for
,
it
rests
under
God
and
His
Majesty
,
and
must
principally
rest
upon
the
care
of
him
that
is
intrusted
with
that
Charge
:
And
,
therefore
,
give
me
leave
,
on
the
behalfe
of
the
Crown
of
England
,
to
beseech
you
to
be
wary
of
lessening
the
Deputies
Power
too
much
;
for
,
if
you
do
,
I
fear
you
will
find
it
a
great
Disservice
to
the
Crown
.
My
Lords
,
the
next
thing
I
am
Charged
with
is
the
9th
Article
;
That
is
,
a
Warrant
of
Assistance
to
the
Bishop
of
Down
and
Connor
,
and
,
for
that
,
your
Lordships
see
there
was
but
one
of
them
,
and
have
heard
it
proved
,
that
before
my
time
such
Warrants
were
frequent
indeed
,
no
man
was
denyed
them
:
But
,
my
Lords
,
it
must
likewise
be
remembred
,
that
of
my
own
accord
,
I
did
recall
it
,
before
I
was
ever
questioned
for
it
;
and
,
it
is
very
hard
,
if
he
that
mends
his
Faults
,
should
be
afterward
punished
for
it
;
for
,
it
is
a
Degree
of
Repentance
,
and
,
it
is
hard
,
that
a
man
should
be
finally
Condemned
after
Repentance
:
and
therefore
,
my
Lords
,
I
trust
,
seeing
there
was
but
one
of
them
,
seeing
I
did
my self
recall
it
,
so
willingly
,
as
soon
as
I
found
the
Inconvenience
,
I
hope
that
will
be
easier
remitted
to
me
.
The
next
is
the
10th
Article
,
that
concernes
the
Customes
,
and
that
is
rather
to
be
looked
on
as
a
Fraud
,
then
as
a
Treason
,
as
I
conceive
it
,
there
is
no
Treason
in
the
business
sure
:
But
,
I
have
proved
,
the
Bargain
was
honestly
made
;
That
there
was
more
offered
for
it
by
me
then
any
other
;
That
I
had
it
upon
no
other
Termes
,
then
it
was
formerly
let
to
others
;
That
I
was
constrain'd
to
it
whether
I
would
or
no
;
And
then
,
my
Lords
,
if
the
Bargain
,
by
the
Increase
of
that
Kingdom
,
proove
a
good
and
profitable
Bargain
;
it
is
a
very
hard
Case
,
that
if
it
be
increased
through
the
Kings
Wisdom
and
Goodness
,
and
the
Kingdoms
Growth
,
Trade
and
Traffick
,
that
this
should
be
turned
upon
me
,
as
an
Argument
,
to
make
me
Guilty
of
Treason
.
I
never
found
a
good
Bargain
should
be
so
charged
,
so
long
as
it
was
honest
and
fair
.
But
,
whereas
they
press
,
That
I
have
gained
Three
Hundred
Thousand
Pounds
Estate
by
it
;
it
is
a
very
strange
mistake
:
For
,
the
King
has
out
of
it
His
Rent
of
15
or
16
Thousand
Pounds
a
year
,
and
Five
entire
parts
of
Eight
clear
to
Himself
;
and
therefore
it
was
a
strange
Calculation
,
and
much
mistaken
by
them
that
gave
the
Information
of
it
to
the
Gentlemen
.
For
the
Book
of
Rates
it
was
none
of
mine
,
but
was
agreed
on
before
my
time
;
I
had
nothing
to
do
with
it
,
and
therefore
have
nothing
to
Answer
for
it
:
And
,
when
it
shall
come
to
be
proved
,
it
will
appear
,
that
the
Rates
were
set
fairly
and
justly
,
and
equal
betwixt
King
and
People
,
according
to
the
Law
,
whatsoever
hath
been
said
to
the
contrary
.
The
next
is
the
11th
Article
,
concerning
Pipe-Staves
,
and
that
is
by
them
waved
;
and
well
they
may
,
for
the
plain
truth
is
,
if
it
had
been
proceeded
in
,
it
would
have
appeared
,
that
there
is
come
Fifteen
hundred
pounds
gain
to
the
King
,
and
Four
hundred
pounds
loss
to
my self
,
and
preserving
of
Woods
,
and
that
is
all
that
would
be
made
from
that
Article
.
The
next
is
the
business
of
the
Tobacco
,
which
is
not
applyable
to
Treason
in
any
kind
;
but
because
I
would
be
clear
in
every
Mans
Judgment
that
hears
me
,
I
beseech
your
Lordships
to
call
to
mind
,
it
was
the
Petition
of
the
Commons-House
of
Ireland
,
that
the
Grant
of
Impost
on
the
Tobacco
should
be
taken
in
,
and
converted
to
the
Kings
use
;
so
that
whatsoever
was
done
,
was
persuing
their
intention
and
desire
.
That
there
was
no
way
but
this
,
to
make
benefit
and
profit
of
it
,
is
most
manifestly
shewed
,
that
there
was
a
Proclamation
in
England
of
the
like
nature
,
and
a
Command
of
the
King
to
proceed
in
it
accordingly
;
and
an
Act
of
Parliament
Transmitted
here
,
for
Passing
it
to
the
Crown
,
according
to
the
intention
of
the
Commons-House
;
and
,
for
the
greatness
of
the
Bargain
,
no
Proofe
hath
been
offered
to
your
Lordships
,
but
only
the
Estimate
of
a
Merchant
;
and
,
how
far
your
Lordships
will
be
guided
by
the
Estimate
of
a
Merchant
I
known
not
;
but
,
I
have
had
Trial
of
some
of
them
,
and
their
Estimates
never
hold
;
for
,
they
have
alwayes
told
me
,
I
shall
gain
much
,
and
when
I
came
to
the
point
,
I
gained
nothing
:
and
if
Sir
George
Ratcliffe
should
be
Sworn
to
the
Point
,
he
should
say
confidently
,
that
we
are
Fourscore
and
six
thousand
out
of
Purse
,
and
;
when
he
came
out
of
Ireland
,
but
Fourscore
thousand
pounds
received
;
and
this
is
the
Profit
Estimated
by
the
great
Merchants
,
at
a
Hundred
and
Forty
thousand
pounds
a
year
:
But
,
at
the
worst
,
it
is
but
a
Monopoly
,
and
a
Monopoly
of
the
best
condition
,
because
it
was
begun
by
a
Parliament
.
I
have
seen
many
Monopolies
question'd
in
Parliament
,
and
many
overthrown
in
Parliament
,
but
,
I
never
heard
a
Monopoly
charged
for
a
Treason
.
My
Lords
,
The
next
is
the
13th
Article
,
and
that
is
concerning
the
Flax
business
;
For
that
,
my
Lords
,
if
I
had
thought
it
any
way
concerning
me
,
I
could
have
cleared
it
in
a
very
great
measure
;
But
,
I
had
no
private
Interest
in
the
business
,
much
less
of
private
profit
;
but
onely
an
endeavour
and
desire
,
to
bring
in
the
Trade
of
Linnen-Cloth
to
that
Kingdom
,
which
would
be
much
advantage
to
both
Kingdoms
,
and
no
prejudice
to
this
Kingdom
,
which
a
Woollen
Trade
would
have
been
,
if
set
up
these
.
And
,
the
Prolcamation
,
when
it
was
found
not
so
well
liking
to
the
People
,
was
called
in
of
our
own
accord
,
before
it
was
question'd
,
and
so
laid
aside
,
and
given
over
.
For
any
matter
of
private
Benefit
,
you
have
no
Witness
but
Crokay
,
a
Fellow
brought
out
of
Prison
;
Here
is
but
a
single
Witness
,
and
a
sorry
one
;
a
Fellow
,
who
,
by
misbehaving
and
misusing
the
trust
committed
to
him
,
was
turned
out
;
and
,
upon
the
turning
of
him
out
,
the
Proclamation
was
absolutely
called
in
:
and
,
now
he
comes
to
be
a
Witness
,
being
himself
the
onely
offended
in
the
Cause
.
But
,
I
beseech
your
Lordships
,
to
think
,
I
have
not
lived
with
so
mean
a
heart
in
the
World
,
that
I
should
look
to
gain
Four
Nobles
more
or
less
,
upon
a
Cart
Load
of
Flax
;
It
is
very
well
known
my
thoughts
have
carryed
me
free
enough
from
gaining
so
poor
and
petty
a
matter
,
as
that
is
.
I
know
nothing
in
the
World
of
it
,
no
more
than
the
man
in
the
Moon
;
but
,
when
it
comes
to
be
heard
,
your
Lordships
will
find
me
extreame
pure
in
that
;
for
,
I
thank
God
I
have
clear
hands
I
assure
you
.
The
14th
is
waved
by
them
,
concerning
an
Unlawful
Oath
given
to
Masters
and
Officers
of
Ships
;
and
,
it
might
very
well
be
waved
;
for
,
I
conceive
it
to
be
Warranted
by
the
Law
:
Sure
I
am
,
it
is
both
the
Practice
of
England
and
Ireland
,
and
hath
alwayes
,
and
at
all
times
,
been
practised
and
used
,
and
is
onely
for
the
preventing
of
Fraud
and
Deceipt
in
Merchants
,
by
not
paying
the
Kings
Duties
and
Customes
.
The
15th
is
Answered
already
I
hope
.
The
16th
doth
Charge
upon
me
certain
Propositions
I
made
,
before
I
went
into
Ireland
:
And
,
in
good
Faith
,
my
Lords
,
you
may
see
,
how
short-sighted
men
may
be
to
their
own
Actions
;
for
,
I
did
very
well
believe
,
I
should
never
have
reaped
any
thing
from
those
Propositions
but
Thanks
;
I
am
sure
they
were
well
received
then
,
when
they
were
offered
to
His
Majesty
and
the
Council
;
and
,
I
must
truely
Confess
,
I
never
thought
they
should
be
objected
against
me
as
a
Fault
.
My
Lords
,
The
Proposition
was
,
That
no
Man
should
be
allowed
to
Complain
of
Injustice
or
Oppression
in
Ireland
,
unless
he
first
addressed
himself
to
the
Deputy
:
My
Lords
,
there
was
no
Original
Intent
,
but
onely
to
prevent
Clamours
,
and
Unjust
Vexations
of
the
Kings
Ministers
there
;
that
,
after
men
had
received
Judgment
of
the
Kings
Courts
,
they
might
not
presently
come
,
and
,
by
Clamours
,
call
over
a
Chief
Justice
,
or
a
Chancellor
,
or
President
,
to
Answer
here
,
and
be
at
charge
of
five
or
six
hundred
pounds
,
unless
they
acquaint
the
Deputy
with
it
,
that
they
might
be
righted
in
the
place
;
and
,
this
is
Charged
against
me
as
a
great
Crime
.
Truely
,
my
Lords
,
I
shall
Confess
,
and
Amend
any
thing
,
and
trust
other
Judgments
rather
than
mine
own
;
but
,
I
see
not
how
this
can
Charge
me
,
as
intending
to
subvert
the
Laws
of
the
Land
,
but
rather
to
preserve
them
.
The
other
concernes
a
Proclamation
,
That
none
shall
depart
the
Kingdom
without
License
.
My
Lords
,
for
that
I
have
shewed
,
that
no
man
out
of
that
Kingdom
,
can
come
without
License
,
but
upon
very
great
Penalties
.
I
have
shewed
likewise
,
it
was
the
desire
of
their
own
Agents
some
15
or
16
years
since
,
That
there
might
be
such
a
Restraint
,
and
none
might
come
over
without
License
.
I
have
shewed
you
likewise
,
the
Instructions
to
my
Lord
of
Faulkland
,
by
which
he
was
Commanded
,
in
persuance
of
that
Desire
,
that
none
should
come
over
without
his
License
:
I
have
shewed
the
express
Command
of
His
Majesty
to
me
,
to
have
it
so
.
I
have
shewed
you
likewise
the
Reasons
of
State
,
why
it
should
be
so
,
to
prevent
that
practice
and
Intelligence
,
which
might
otherwise
arise
betwixt
them
of
that
Nation
,
serving
under
Tir-Connell
and
O
Neale
;
and
likewise
to
prevent
the
going
over
,
and
transplanting
the
Prime
Nobility
and
Gentry
to
Seminaries
,
and
other
such
places
,
there
to
be
brought
up
:
and
therefore
,
in
reason
of
State
,
it
is
a
Restraint
,
and
ought
so
to
be
.
But
,
having
these
grounds
of
Law
,
Warrant
,
Practice
,
Former
Instruction
and
all
,
Why
this
should
be
brought
to
me
in
particular
Charge
,
to
Convince
me
of
endeavouring
the
Subversion
of
the
Laws
,
I
must
submit
to
your
Lordships
.
My
Lords
,
There
is
,
in
the
latter
part
of
this
,
another
Charge
,
concerning
the
Sentenceing
of
one
Parry
,
who
was
Sentenced
(
as
I
conceive
)
very
Justly
;
and
,
I
have
no
more
to
answer
for
in
that
Sentence
,
then
any
of
the
rest
,
having
but
a
single
Voice
;
and
,
that
I
should
answer
for
all
,
I
confess
is
something
hard
.
But
,
there
is
no
manner
of
Testimony
in
the
World
in
this
,
save
the
Testimony
of
Parry
himself
:
Now
,
if
Parry
,
the
Man
offended
,
his
Testimony
shall
be
taken
against
the
Judge
,
I
know
no
Man
can
be
safe
,
and
other
Testimony
is
not
offered
:
and
therefore
I
trust
that
that
will
easily
fall
off
of
it self
.
The
17th
is
likewise
waved
;
and
is
,
in
Truth
,
of
no
great
Consequence
,
one
way
or
other
,
and
therefore
I
shall
give
no
other
Answer
to
it
;
It
was
well
waved
,
and
had
been
as
well
left
out
,
having
no
great
matter
in
it
.
The
18th
is
likewise
waved
,
but
it
is
that
which
sticks
very
heavy
upon
me
;
and
,
wherein
I
find
my self
as
much
afflicted
,
as
in
any
one
part
of
the
Charge
:
For
,
my
Lords
,
here
I
am
Charged
up
and
down
,
to
endeavour
to
draw
upon
my self
a
Dependance
of
the
Papists
,
in
both
Kingdomes
of
Ireland
and
England
;
and
,
that
I
have
,
during
the
time
of
my
Government
,
restored
diverse
Mass-Houses
in
Dublin
and
elsewhere
,
that
have
been
by
Precedent
Deputies
taken
away
.
I
am
likewise
Charged
to
have
drawn
to
my self
a
Dependence
of
the
Irish
Army
,
Eight
Thousand
,
all
Papists
;
and
likewise
to
have
miscarried
my self
in
a
Commission
intrusted
with
me
,
before
my
going
into
Ireland
,
concerning
Compositions
for
Recusants
.
This
is
a
very
heavy
and
grievous
Charge
,
and
hath
raised
a
great
deal
of
Ill
Opinion
against
me
in
the
World
,
to
be
a
Fafourer
and
Contriver
with
Papists
,
and
I
know
not
whom
,
against
the
Religion
I
profess
,
a
Greater
and
Fouler
Crime
there
cannot
be
against
God
or
Man
;
and
yet
this
goes
in
Print
all
over
the
World
:
and
,
when
it
comes
to
the
Point
,
here
is
no
Proof
,
nor
any
part
of
the
Charge
made
good
.
And
,
therefore
,
since
it
is
not
made
good
by
the
Charge
,
I
humbly
desire
I
may
be
vindicated
in
your
Lordships
Noble
Opinions
,
and
the
Opinions
of
all
that
hear
me
,
that
I
am
,
in
my
Religion
,
what
I
ought
to
be
;
and
,
that
which
I
will
Dye
in
,
and
Maintain
against
all
the
World
:
And
,
I
am
so
far
from
Contriving
any
thing
to
the
hinderance
of
it
,
that
,
if
God
give
me
life
,
I
will
serve
it
,
and
prevent
any
inconvenience
to
it
:
and
,
my
Religion
and
Duty
to
God
is
so
Dear
,
and
precious
to
me
,
that
there
is
nothing
in
this
World
,
but
I
shall
lay
it
down
,
as
Straw
and
Stubble
,
under
my
feet
,
and
trample
upon
it
,
rather
,
then
in
any
kind
,
forfeit
that
:
but
,
in
the
mean
time
,
I
suffer
,
and
must
be
content
.
My
Lords
,
The
next
is
the
19th
Article
;
and
,
that
was
,
for
framing
a
New
and
Unusual
Oath
,
which
the
Scots
did
take
in
Ireland
,
to
give
Pledges
of
their
Allegiance
to
the
King
;
I
have
shewed
you
for
that
,
that
the
Oath
was
framed
by
the
Kings
express
Command
in
Ianuary
,
before
the
Oath
was
given
,
which
was
,
I
think
,
in
May.
And
,
I
did
then
humbly
conceive
it
lawful
for
me
so
to
do
,
being
onely
to
take
from
them
a
Pledge
of
their
Allegiance
to
the
King
.
I
confess
,
I
conceived
such
an
Oath
might
have
been
lawfully
Administred
to
the
People
;
and
shewed
,
that
the
same
Oath
was
Administred
here
in
England
,
to
those
of
that
Nation
,
I
shewed
that
it
was
taken
in
Ireland
voluntarily
:
And
,
I
humbly
represent
to
your
Lordships
the
time
when
this
Oath
was
required
,
when
the
King
and
both
the
Armies
were
in
the
Field
,
lodged
not
far
from
one
another
:
And
,
whereas
it
is
said
,
it
should
oblige
the
Clergy
in
Ecclesiastical
Matters
;
if
your
Lordships
call
to
mind
,
the
very
Oath
it self
cleares
that
Point
,
requiring
onely
a
Temporal
Obedience
and
Allegiance
,
in
a
time
of
that
Danger
and
Distraction
,
given
by
the
Kings
own
Command
,
and
to
no
other
purpose
.
And
,
my
Lords
,
the
Proofes
are
nothing
at
all
on
the
matter
;
Sir
Iames
Mountgomery
tells
you
a
Tale
,
not
much
Material
;
nor
Mr.
Maxwell
,
nor
Sir
Iohn
Clotworthy
;
there
is
nothing
at
all
in
it
concerning
Treason
.
Stewarts
Sentence
remains
onely
to
be
Answered
in
this
Article
;
for
that
,
I
conceive
it
was
Justly
and
Fairly
given
,
as
I
then
conceived
.
I
was
one
of
the
rest
,
and
nothing
was
intended
by
that
Decree
,
but
his
Reformation
;
and
,
when
he
had
pleased
to
have
taken
the
Oath
,
he
might
have
been
released
of
the
Sentence
,
and
sent
home
again
quietly
.
The
next
is
the
20th
Article
;
Wherein
I
am
Charged
to
be
a
Provoker
,
and
Incendiary
of
a
War
against
His
Majesties
Subjects
of
the
Scotch
Nation
;
and
,
that
I
should
say
of
them
,
They
were
Rebels
and
Traitors
:
and
,
being
about
to
come
into
England
,
that
I
should
say
,
I
would
root
out
of
the
Kingdom
the
Scotish
Nation
Root
and
Branch
.
My
Lords
,
I
shall
need
no
more
to
say
in
this
,
for
my
being
an
Incendiary
;
I
think
,
by
the
Proofe
,
it
hath
been
clearly
made
appear
to
your
Lordships
,
that
I
gave
no
Opinion
,
but
such
as
others
did
in
the
like
Case
.
It
is
proved
by
my
Lord
Traquair
,
and
my
Lord
Treasurer
,
and
might
have
been
proved
by
many
more
,
if
it
had
been
needful
.
For
the
Words
,
that
I
should
say
,
The
Rooting
out
the
Scots
Root
and
Branch
,
They
are
onely
testify'd
by
one
single
Witness
;
Salmon
the
School-Master
Swears
it
,
and
no
man
else
but
he
;
and
,
I
hope
,
my
Lords
,
that
when
your
Lordships
do
call
to
mind
,
how
he
is
Crost
by
his
Fellow
Witness
Iohn
Loftus
,
your
Lordships
will
be
satisfied
;
he
Swears
I
will
persecute
them
to
the
Blood
,
and
Root
them
out
Root
and
Branch
,
and
,
I
cannot
tell
what
:
But
,
Iohn
Loftus
said
indeed
,
that
I
said
,
I
hope
that
such
of
the
Scotish
Nation
,
as
would
not
submit
to
the
Ecclesiastical
Government
,
I
would
root
out
stock
and
branch
:
a
wonderful
difference
between
these
two
.
But
,
my
Lords
,
it
was
testified
by
Mr.
Secretary
Manwaring
then
present
,
that
I
neither
spoke
the
one
nor
the
other
,
but
as
in
my
Answer
I
did
truely
and
faithfully
deliver
it
;
I
said
,
that
unless
they
would
take
that
Oath
of
Allegiance
,
and
secure
the
King
of
their
Allegiance
in
that
point
,
I
hope
I
should
not
see
any
of
them
stay
in
that
Kingdom
,
that
refused
it
:
and
,
there
is
no
Proofe
in
the
World
but
the
School-Master
;
and
,
I
hope
,
your
Lordships
will
not
take
him
to
be
a
good
and
valid
proof
to
convince
me
in
this
Case
,
being
a
person
of
no
greater
Quality
,
and
crossed
by
his
fellow
Witness
:
For
my self
,
I
do
absolutely
say
,
I
was
so
far
from
wishing
ill
to
that
Nation
,
or
any
Dissension
or
Division
between
them
,
that
I
never
desired
other
in
my
heart
and
soul
,
but
a
firm
Peace
through
the
Kings
Dominions
:
My
Counsels
tended
to
that
;
and
,
if
I
might
seem
to
begin
in
a
contrary
way
,
yet
the
last
resort
was
,
to
bring
all
to
quietness
,
and
so
,
that
it
should
be
without
Blood
.
And
,
I
dare
say
,
there
be
them
that
heard
me
say
it
many
a
time
in
the
Kings
Council
,
That
the
King
should
be
in
nothing
so
much
sparing
and
tender
,
as
to
draw
any
Blood
in
that
Quarrel
;
I
dare
say
,
many
that
heard
it
will
Justifie
me
in
it
:
And
,
if
your
Lordships
will
give
me
leave
,
I
do
think
I
have
something
that
might
procure
your
Lordships
beliefe
that
it
was
so
;
for
,
at
that
time
,
my
Fortune
(
though
now
by
Misfortune
it
be
mean
enough
)
was
such
,
as
I
needed
not
desire
to
shuffle
the
Cards
,
and
deale
a
new
;
and
,
especially
,
when
nothing
was
to
be
got
but
Blows
:
and
,
that
I
trust
will
be
an
Argument
to
your
Lordships
,
that
nothing
was
desired
by
me
so
much
as
Peace
;
and
that
under
Gods
goodness
,
and
the
Protection
and
Benefit
of
His
Majesties
Scepter
,
I
might
enjoy
the
little
Estate
my
Ancestors
left
me
;
for
,
it
is
certainly
true
,
whatever
the
World
may
think
to
the
contrary
,
it
is
very
little
better
from
what
my
Father
left
me
;
something
it
is
,
and
the
most
part
of
the
Improvement
of
it
was
,
before
I
came
to
serve
the
King
;
and
yet
I
have
had
more
from
the
King
then
I
deserved
in
all
kinds
,
and
all
the
whole
service
of
my
Life
,
were
it
never
so
many
years
,
could
not
Merit
,
nor
Deserve
from
Him
,
the
Hundred
part
of
what
I
had
from
His
Favour
.
My
Lords
,
Mr.
Treasurer
Vane
sayes
,
I
was
in
the
Argument
for
an
Offensive
,
and
he
for
a
Defensive
War
,
for
a
War
both
of
us
:
And
,
I
beseech
your
Lordships
,
How
should
it
be
more
Treasonable
for
me
,
to
be
for
an
Offensive
,
then
for
him
to
be
for
a
Defensive
War
?
for
a
War
there
must
be
,
and
the
difference
was
not
great
:
and
,
for
a
Counsellor
to
deliver
his
Opinion
,
and
have
that
turned
upon
him
as
Capital
,
to
sweep
from
the
World
himself
and
his
Posterity
,
is
a
very
hard
Case
,
to
say
no
more
of
it
.
The
next
Article
is
the
21th
;
wherein
I
am
Charged
to
be
an
Enemy
to
Parliaments
;
a
Breaker
of
Parliaments
;
and
did
,
by
that
means
,
sow
ill
Affections
betwixt
the
King
and
His
People
.
My
Lords
,
This
is
more
fully
Charged
in
a
Subsequent
Article
then
this
;
for
,
this
is
but
onely
for
breaking
of
the
last
Parliament
,
that
I
should
advise
it
to
be
called
,
with
an
intent
to
break
it
,
which
is
very
unlikely
;
for
,
that
nothing
in
the
World
could
be
of
so
happy
effect
to
me
,
as
the
success
of
that
Meeting
;
and
yet
I
must
destroy
,
and
disadvantage
my self
in
that
,
then
which
,
nothing
could
be
of
more
advantage
then
the
success
of
that
Parliament
.
The
22th
Article
is
Answered
already
;
and
,
the
23th
likewise
.
In
the
24th
Article
comes
in
that
of
the
Parliament
more
fully
;
and
there
I
am
Charged
Falsly
,
and
Treacherously
,
and
Malitiously
,
to
have
declared
before
His
Majesties
Privy-Council
,
That
the
Parliament
of
England
had
forsaken
the
King
,
and
given
Him
the
Advantage
to
Supply
Himself
otherwayes
;
and
having
so
Malitiously
Slandered
the
said
House
of
Commons
,
that
I
did
,
with
the
Advice
of
the
Archbishop
of
Canterbury
,
and
the
Lord
Finch
,
Publish
a
False
and
Trayterous
Book
,
called
,
His
Majesties
Declaration
of
the
Causes
of
Dissolving
the
last
Parliament
,
&c.
This
goes
very
heavy
upon
me
in
the
World
,
that
I
should
be
a
breaker
of
Parliaments
;
a
Counsellor
against
Parliaments
.
My
Lords
,
there
is
nothing
proved
of
it
;
and
,
I
hope
I
shall
be
cleared
by
your
Lordships
,
and
these
noble
Gentlemen
,
and
all
the
World
,
that
I
had
no
such
thing
in
my
heart
.
For
the
Point
of
the
Declaration
,
I
was
at
that
time
Sick
in
my
Bed
,
and
could
do
nothing
in
it
,
and
therefore
I
trust
I
shall
be
acquitted
as
to
that
:
As
to
the
Breaking
of
the
Parliament
,
or
any
ill-will
to
Parliaments
,
I
have
ever
honour'd
them
;
and
,
far
be
it
from
me
to
wish
,
that
they
may
not
be
frequent
,
for
the
good
of
the
King
and
Kingdom
;
but
,
as
oft
as
you
shall
have
it
urged
,
and
prest
against
me
,
that
I
should
be
an
endeavourer
to
Subvert
the
Fundamental
Laws
of
the
Land
in
this
kind
,
I
beseech
your
Lordships
,
call
to
mind
what
hath
been
proved
,
that
at
all
Publick
Debates
,
at
Council
,
and
Privately
apart
,
I
have
humbly
represented
to
His
Majesty
,
from
time
to
time
,
that
Parliaments
are
the
Onely
Way
to
Settle
Himself
in
Quietness
in
the
Kingdom
,
and
to
acquire
Prosperity
and
Happiness
to
Himself
and
His
People
:
And
,
when
you
shall
hear
them
press
upon
me
,
that
I
have
endeavoured
to
Subvert
the
Fundamental
Lawes
of
the
Land
,
I
beseech
your
Lordships
to
call
to
mind
,
how
frequently
and
servently
I
have
advised
the
King
,
to
call
for
Parliaments
,
which
,
under
God
,
is
the
great
Protection
,
and
Defence
of
the
Fundamental
Lawes
of
the
Kingdom
.
To
the
25th
I
have
Answered
already
,
and
to
the
26th
likewise
.
The
next
is
the
27th
;
and
,
for
that
,
I
can
say
no
more
,
then
that
your
Lordships
have
heard
the
Proofes
for
the
Levying
of
Money
;
it
hath
been
cleared
to
your
Lordships
,
that
nothing
was
done
by
me
,
but
by
Consent
of
the
Country
,
with
their
Unanimous
good
liking
,
and
for
their
benefit
and
advantage
:
Being
done
so
,
and
for
so
good
ends
,
as
I
trust
that
shall
not
be
enforced
against
me
;
and
,
it
is
very
strange
to
me
why
it
should
be
expected
,
that
if
two
Armies
be
in
the
Field
,
one
against
the
other
(
as
there
was
at
York
)
that
they
should
be
Govern'd
with
as
much
quietness
,
as
an
Atturney
walking
with
his
Writs
at
his
Girdle
,
betwixt
the
Kings
Bench
and
the
Common-Pleas
.
For
,
Armies
cannot
be
Govern'd
without
some
Latitude
in
this
kind
:
Inter
arma
Silent
Leges
:
rightly
applyed
,
there
is
truth
in
that
.
But
,
I
did
nothing
in
the
Business
,
I
did
nothing
by
Compulsion
,
but
by
the
voluntary
liking
of
the
Parties
themselves
:
and
therefore
,
I
conceive
,
that
shall
not
be
Charged
upon
me
as
Treason
.
There
remains
now
the
28th
Article
;
and
,
that
is
the
onely
Bloody
Article
,
if
it
had
been
,
or
could
be
made
good
,
that
is
in
the
whole
Charge
;
for
,
there
I
am
Charged
,
out
of
ill
and
wicked
purposes
(
and
,
indeed
,
What
can
be
worse
than
Treason
)
to
have
Betrayed
Newcastle
into
the
power
of
the
Scotch
Army
;
and
likewise
,
to
have
betrayed
the
Kings
Army
at
Newburn
,
to
a
dishonourable
Retreat
.
My
Lords
,
if
either
of
these
had
been
true
,
I
should
have
saved
your
Lordships
the
labour
.
I
would
have
given
Judgment
against
my self
,
that
had
been
certain
:
But
,
my
Lords
,
never
was
any
Man
more
Innocent
,
therefore
they
may
very
well
wave
it
.
Have
I
been
all
this
while
Charged
as
an
Incendiary
?
and
,
Am
I
now
come
in
the
Conclusion
to
be
charged
as
a
Confederate
?
it
is
wonderful
strange
!
certainly
your
Articles
fight
one
against
another
in
this
;
for
,
How
can
I
be
an
Incendiary
in
one
part
,
and
a
Conspirator
with
them
that
Charged
me
,
to
be
an
Incendiary
in
the
other
part
?
In
good
Faith
,
I
have
not
been
very
kindly
dealt
withal
by
my
Confederates
,
if
they
be
Confederates
,
to
Charge
me
as
an
Incendiary
,
that
did
them
that
Service
and
Help
,
as
to
deliver
into
their
hands
a
Town
of
such
Consequence
as
that
is
.
No
,
my
Lords
,
I
wish
all
happiness
to
the
Nation
;
but
,
I
can
never
wish
so
to
it
,
as
that
they
should
take
one
of
the
Kings
Towns
in
England
,
if
I
could
have
helped
it
.
My
Lords
,
it
was
lost
before
I
had
the
Charge
of
the
Army
,
I
had
nothing
to
do
in
the
business
,
nor
am
I
to
give
any
Accompt
of
it
,
nor
is
any
thing
proved
.
And
,
as
to
the
Defeate
at
Newburn
,
you
yet
fight
one
Article
with
another
,
methinks
in
that
too
;
for
,
I
am
charged
to
be
the
Man
,
that
delivered
up
Newcastle
,
and
yet
,
all
the
World
knows
,
that
nothing
could
save
it
from
being
lost
,
but
the
taking
away
from
the
Scots
the
Passages
at
that
time
:
So
,
that
I
should
use
all
means
to
prevent
Men
from
doing
that
,
which
I
meant
to
do
for
them
,
is
very
strange
to
me
.
Here
is
no
Probability
,
and
certainly
little
truth
in
the
whole
business
,
as
concerning
my
Confederating
with
the
Scots
,
either
for
the
one
or
the
other
.
And
so
,
my
Lords
,
I
am
come
to
the
end
of
these
28
Articles
,
that
were
for
my
further
Impeachment
;
I
have
gone
over
them
all
:
and
,
out
of
these
now
there
remains
,
that
other
Second
Treason
,
that
I
should
be
guilty
of
endeavouring
,
to
Subvert
the
Fundamental
Lawes
of
the
Land
,
in
the
first
of
those
Seven
Articles
.
My
Lords
,
That
those
should
now
be
Treason
together
,
that
are
not
Treason
in
any
one
part
,
and
Accumulatively
to
come
upon
me
in
that
kind
;
and
,
where
one
will
not
do
it
of
it self
,
yet
woven
up
with
others
,
it
shall
do
it
;
Under
favour
,
my
Lords
,
I
do
not
conceive
,
that
there
is
either
Statute-Law
,
or
Common-Law
,
that
hath
declared
this
,
endeavouring
to
Subvert
the
Fundamental
Lawes
,
to
be
High
Treason
.
I
say
,
neither
Statute-Law
,
nor
Common-Law
Written
,
that
I
could
hear
of
;
and
,
I
have
been
as
diligent
to
enquire
of
it
as
I
could
be
:
And
,
your
Lordships
will
believe
I
had
reason
so
to
do
.
And
,
sure
it
is
a
very
hard
thing
,
I
should
here
be
question'd
for
my
Life
and
Honor
,
upon
a
Law
that
is
not
Extant
,
that
Cannot
be
Shewed
.
There
is
a
Rule
that
I
have
read
out
of
my
Lord
Cook
,
Non
apparentibus
&
non
existentibus
eadem
est
Ratio
.
Iesu
!
My
Lords
,
Where
hath
this
Fire
lay'n
all
this
while
,
so
many
hundred
years
together
,
that
no
Smoak
should
appear
till
it
burst
out
now
,
to
consume
me
and
my
Children
?
Hard
it
is
,
and
extream
hard
,
in
my
Opinion
,
that
a
Punishment
should
Precede
the
Promulgation
of
a
Law
;
that
I
should
be
Punished
by
a
Law
Subsequent
to
the
Act
done
.
I
most
humbly
beseech
your
Lordships
,
take
that
into
Consideration
;
for
,
certainly
it
were
better
a
great
deale
to
live
under
no
Law
,
but
the
Will
of
Man
,
and
Conform
our selves
in
Humane
Wisdom
,
as
well
as
we
could
;
and
,
to
Comply
with
that
Will
,
then
to
live
under
the
Protection
of
a
Law
,
as
we
think
,
and
then
a
Law
should
be
made
to
punish
us
,
for
a
Crime
precedent
to
the
Law
:
then
I
conceive
no
Man
living
could
be
safe
,
if
that
should
be
admitted
.
My
Lords
,
it
is
hard
in
another
respect
,
that
there
should
be
no
Tokens
set
upon
this
Offence
,
by
which
we
may
know
it
;
no
manner
of
Token
given
;
no
Admonition
by
which
we
might
be
aware
of
it
.
If
I
pass
down
the
Thames
in
a
Boat
,
and
run
and
Split
my self
upon
an
Anchor
,
if
there
be
not
a
Buoy
to
give
me
warning
,
the
Party
shall
give
me
Damages
;
but
,
if
it
be
Marked
out
,
then
it
is
at
my
own
peril
.
Now
,
my
Lords
,
Where
is
the
Mark
set
upon
this
Crime
?
Where
is
the
Token
by
which
I
should
discover
?
if
it
be
not
Marked
,
if
it
lie
under-Water
,
and
not
above
,
there
is
no
Humane
Providence
can
prevent
the
Destruction
of
a
Man
Presently
and
Instantly
.
Let
us
then
lay
aside
all
that
is
Humane
Wisdom
,
let
us
rely
onely
upon
Divine
Revelation
;
for
,
certainly
,
nothing
else
can
preserve
us
,
if
you
will
Condemn
us
before
you
tell
us
where
the
Fault
is
,
that
we
may
avoid
it
.
My
Lords
,
may
your
Lordships
be
pleased
to
have
that
regard
to
the
Peerage
of
England
,
as
never
to
suffer
your selves
to
be
put
upon
those
Moot-points
,
upon
such
Constructions
,
and
Interpretations
,
and
Strictness
of
Law
,
as
these
are
,
when
the
Law
is
not
clear
nor
known
:
If
there
must
be
a
Tryal
of
Wits
,
I
do
most
humbly
beseech
your
Lordships
to
consider
,
that
the
Subject
may
be
of
something
else
,
then
of
your
Lives
and
your
Honors
.
My
Lords
,
We
find
,
that
in
the
Primitive
time
,
on
the
Sound
and
Plain
Doctrine
of
the
blessed
Apostles
,
they
brought
in
their
Books
of
Curious
Art
,
and
burnt
them
.
My
Lords
,
it
will
be
likewise
,
under
favour
(
as
I
humbly
conceive
)
Wisdom
and
Providence
in
your
Lordships
,
for
your selves
and
posterities
,
for
the
whole
Kingdom
,
to
cast
from
you
into
the
Fire
,
those
Bloody
and
Misterious
Volumes
,
of
Constructive
and
Arbitrary
Treasons
,
and
to
betake
your selves
to
the
Plain
Letter
of
the
Statute
,
that
tells
you
where
the
Crime
is
,
that
so
you
may
avoid
it
;
and
let
us
not
,
my
Lords
,
be
ambitious
to
be
more
Learned
in
those
Killing
Arts
,
then
our
Fore-fathers
were
before
us
.
My
Lords
,
It
is
now
full
Two
hundred
and
forty
years
since
any
Man
ever
was
Touch'd
,
to
this
Height
,
upon
this
Crime
,
before
my self
;
We
have
lived
,
my
Lords
,
happily
to
our selves
at
Home
,
we
have
lived
Gloriously
Abroad
to
the
World
;
let
us
be
content
with
that
which
our
Fathers
left
us
,
and
let
us
not
awake
those
Sleepy
Lyons
to
our
own
Destruction
,
by
Ratling
up
of
a
Company
of
Records
,
that
have
lay'n
for
so
many
Ages
by
the
Wall
,
Forgotten
,
or
Neglected
.
My
Lords
,
There
is
this
that
troubles
me
extreamly
,
least
it
should
be
my
Misfortune
to
all
the
rest
(
for
my
other
Sins
,
not
for
my
Treasons
)
that
my
Precedent
should
be
of
that
Disadvantage
(
as
this
will
be
,
I
fear
,
in
the
Consequence
of
it
)
upon
the
Whole
KINGDOM
.
My
Lords
,
I
beseech
you
therefore
,
that
you
will
be
pleased
seriously
to
consider
it
,
and
let
my
particular
Case
be
so
looked
upon
,
as
that
you
do
not
,
through
me
,
Wound
the
Interest
of
the
Common-Wealth
:
For
,
howsoever
those
Gentlemen
at
the
Bar
say
,
They
Speak
for
the
Common-Wealth
,
and
they
believe
so
;
yet
,
under
favour
,
in
this
particular
,
I
believe
I
Speak
for
the
Common-Wealth
too
;
and
,
that
the
Inconveniencies
and
Miseries
that
will
follow
upon
this
,
will
be
such
,
as
it
will
come
,
within
a
few
years
,
to
that
which
is
exprest
in
the
Statute
of
Henry
the
Fourth
,
it
will
be
of
such
a
Condition
,
that
no
Man
shall
know
what
to
do
,
or
what
to
say
.
Do
not
,
my
Lords
,
put
greater
Difficulty
upon
the
Ministers
of
State
,
then
that
with
Chearfulness
they
may
Serve
the
King
and
the
State
;
for
,
if
you
will
Examine
them
by
every
Grain
,
or
every
little
Weight
,
it
will
be
so
heavy
,
that
the
publick
Affaires
of
the
Kingdom
will
be
left
waste
,
and
no
man
will
meddle
with
them
,
that
hath
Wisdom
,
and
Honor
,
and
Fortune
to
lose
.
My
Lords
,
I
have
now
troubled
your
Lordships
a
great
deal
longer
,
then
I
should
have
done
;
were
it
not
for
the
Interest
of
those
PLEDGES
,
that
a
Saint
in
Heaven
left
me
,
I
would
be
loth
,
my
Lords
—
(
here
his
Weeping
stopt
him
)
what
I
forfeit
for
my self
it
is
nothing
;
but
,
I
confess
,
that
my
Indiscretion
should
Forfeit
for
them
,
it
wounds
me
very
deeply
.
You
will
be
pleased
to
pardon
my
Infirmity
;
something
I
should
have
said
;
but
,
I
see
I
shall
not
be
able
,
and
therefore
I
will
leave
it
.
And
now
,
my
Lords
,
for
my Self
,
I
thank
God
I
have
been
,
by
his
Good
Blessing
towards
me
,
taught
,
That
the
Afflictions
of
this
present
Life
,
are
not
to
be
compared
with
that
Eternal
.
Weight
of
Glory
,
that
shall
be
Revealed
for
us
hereafter
:
And
so
,
my
Lords
,
even
so
,
with
all
Humility
,
and
with
all
Tranquility
of
Mind
,
I
do
submit
my self
clearly
and
freely
to
your
Judgments
;
and
,
whether
that
Righteous
Judgment
shall
be
to
Life
,
or
to
Death
,
Te
Deum
Laudamus
,
Te
Dominum
Confitemur
.
THE
SPEECH
OR
DECLARATION
Of
John
Pym
,
Esq
MY
LORDS
,
MAny
dayes
have
been
spent
,
in
maintenance
of
the
impeachment
of
the
Earl
of
Strafford
,
by
the
House
of
Commons
,
whereby
he
stands
charged
with
High
Treason
;
and
your
Lordships
have
heard
his
Defence
with
patience
,
and
with
as
much
Favour
as
Justice
would
allow
.
We
have
passed
through
our
Evidence
,
and
the
result
of
all
this
is
,
that
it
remains
clearly
proved
,
That
the
Earl
of
Strafford
hath
endeavoured
by
his
Words
,
Actions
,
and
Counsels
,
to
subvert
the
Fundamental
Laws
of
England
and
Ireland
,
and
to
introduce
an
Arbitrary
and
Tyrannical
Government
.
This
is
the
envenomed
Arrow
for
which
he
inquired
,
in
the
beginning
of
his
replication
this
day
,
which
hath
infected
all
his
Blood
;
This
is
that
intoxicating
Cup
,
(
to
use
his
own
Metaphor
)
which
hath
tainted
his
Judgement
,
and
poisoned
his
Heart
:
from
hence
was
infused
that
specifical
difference
,
which
turned
his
Speeches
,
his
Actions
,
his
Counsels
,
into
Treason
;
not
cumulativè
,
as
he
exprest
it
,
as
if
many
misdemeanors
could
make
one
Treason
;
but
formally
and
essentially
.
It
is
the
end
that
doth
inform
Actions
,
and
doth
specificate
the
nature
of
them
,
making
not
only
criminal
,
but
even
indifferent
Words
and
Actions
to
be
Treason
,
being
done
and
spoken
with
a
Treasonable
intention
.
That
which
is
given
to
me
in
charge
,
is
to
shew
the
quality
of
the
offence
,
how
hainous
it
is
in
the
nature
,
how
mischievous
in
the
effect
of
it
,
which
will
best
appear
,
if
it
be
examined
by
that
Law
,
to
which
he
himself
appealed
,
that
Universal
,
that
Supream
Law
,
Salus
populi
:
This
is
the
Element
of
all
Laws
,
out
of
which
they
are
derived
,
the
end
of
all
Laws
,
to
which
they
are
designed
,
and
in
which
they
are
perfected
;
How
far
it
stands
in
opposition
to
this
Law
,
I
shall
endavour
to
shew
in
some
considerations
,
which
I
shall
present
to
your
Lordships
,
all
arising
out
of
the
evidence
which
hath
been
opened
.
The
First
is
this
,
It
is
an
offence
comprehending
all
other
offences
;
here
you
shall
find
several
Treasons
,
Murthers
,
Rapines
,
Oppressions
,
Perjuries
.
The
Earth
hath
a
Seminary
Virtue
,
whereby
it
doth
produce
all
Herbs
and
Plants
,
and
other
vegitables
:
There
is
in
this
Crime
a
Seminary
of
all
evils
hurtful
to
a
State
;
and
if
you
consider
the
reasons
of
it
,
it
must
needs
be
so
:
the
Law
is
that
which
puts
a
difference
betwixt
good
and
evil
,
betwixt
just
and
unjust
;
if
you
take
away
the
Law
,
all
things
will
fall
into
a
confusion
,
every
man
will
become
a
Law
to
himself
,
which
in
the
depraved
condition
of
humane
nature
,
must
needs
produce
many
great
enormities
,
Lust
will
become
a
Law
,
and
Envy
will
become
a
Law
,
Covetousness
and
Ambition
will
become
Laws
;
and
what
dictates
,
what
decisions
such
Laws
will
produce
,
may
easily
be
discerned
in
the
late
Government
of
Ireland
:
The
Law
hath
a
power
to
prevent
,
to
restrain
,
to
repair
evils
;
without
this
,
all
kind
of
mischief
and
distempers
will
break
in
upon
a
State
.
It
is
the
Law
that
doth
entitle
the
King
,
to
the
Allegiance
and
Service
of
his
People
;
it
entitles
the
People
to
the
Protection
and
Justice
of
the
King
.
It
is
God
alone
who
subsists
by
himself
,
all
other
things
subsist
in
a
mutual
dependence
,
and
relation
.
He
was
a
wise
man
that
said
,
that
the
King
subsisted
by
the
field
that
is
tilled
:
it
is
the
labour
of
the
people
that
supports
the
Crown
:
If
you
take
away
the
protection
of
the
King
,
the
vigor
and
cheerfulness
of
Allegiance
will
be
taken
away
,
though
the
obligation
remain
.
The
Law
is
the
boundary
,
the
measure
betwixt
the
Kings
Prerogative
,
and
the
Peoples
Liberty
;
whilst
these
move
in
their
own
Orbs
,
they
are
a
support
and
a
security
to
one
another
;
the
Prerogative
a
cover
and
defence
to
the
Liberty
of
the
People
,
and
the
people
by
their
Liberty
are
enabled
to
be
a
foundation
to
the
Prerogative
,
but
if
these
bounds
be
so
removed
,
that
they
enter
into
contestation
and
conflict
,
one
of
these
mischiefs
must
ensue
:
If
the
Prerogative
of
the
King
overwhelme
the
Liberty
of
the
People
,
it
will
be
turned
into
Tyranny
;
if
Liberty
undermine
the
Prerogative
,
it
will
grow
into
Anarchy
.
The
Law
is
the
safeguard
,
the
custody
of
all
private
Interest
,
your
Honors
,
your
Lives
,
your
Liberties
and
Estates
,
are
all
in
the
keeping
of
the
Law
;
without
this
,
every
man
hath
a
like
right
to
any
thing
,
and
this
is
the
condition
into
which
the
Irish
were
brought
by
the
Earl
of
Strafford
:
And
the
reason
which
he
gave
for
it
,
hath
more
mischief
in
it
,
than
the
thing
it self
,
they
were
a
conquered
Nation
.
There
cannot
be
a
word
more
pregnant
and
fruitful
in
Treason
,
than
that
word
is
.
There
are
few
Nations
in
the
world
,
that
have
not
been
conquered
,
and
no
doubt
but
the
Conqueror
may
give
what
Laws
he
pleases
to
those
that
are
conquered
:
but
if
the
succeeding
pacts
,
and
agreements
,
do
not
limit
and
restrain
that
Right
,
What
People
can
be
secure
?
England
hath
been
conconquered
,
and
Wales
hath
been
conquered
,
and
by
this
reason
,
will
be
in
little
better
case
than
Ireland
:
if
the
King
,
by
the
right
of
a
Conqueror
,
gives
Laws
to
his
People
;
shall
not
the
People
by
the
same
reason
,
be
restored
to
the
right
of
th
e
Conquered
,
to
recover
their
Liberty
if
they
can
?
What
can
be
more
hurtful
,
more
pernicious
to
both
,
than
such
propositions
as
these
?
And
in
these
particulars
is
determined
the
first
Consideration
.
The
Second
Consideration
is
this
;
This
Arbitrary
Power
is
dangerous
to
the
Kings
Person
,
and
dangerous
to
his
Crown
:
it
is
apt
to
cherish
Ambition
,
Usurpation
,
and
Oppression
in
great
Men
,
and
to
beget
Sedition
and
Discontent
in
the
People
;
and
both
these
have
been
,
and
in
reason
must
ever
be
,
causes
of
great
trouble
and
alteration
to
Princes
and
States
.
If
the
Histories
of
those
Eastern
Countreys
be
perused
,
where
Princes
order
their
affairs
according
to
the
mischievous
Principles
of
the
Earl
of
Strafford
,
loose
and
observed
from
all
rules
of
Government
,
they
will
be
found
to
be
frequent
in
Combustions
,
full
of
Massacres
,
and
of
the
tragical
ends
of
Princes
.
If
any
man
shall
look
into
our
own
stories
,
in
the
times
when
the
Laws
were
most
neglected
,
he
shall
find
them
full
of
commotions
,
of
civil
distempers
;
whereby
the
Kings
that
then
Reigned
,
were
always
kept
in
want
and
distress
;
the
People
consumed
with
Civil
Wars
;
and
by
such
wicked
Counsels
as
these
,
some
of
our
Princes
have
been
brought
to
such
miserable
ends
,
as
no
honest
heart
can
remember
,
without
horror
and
earnest
Prayer
,
that
it
may
never
be
so
again
.
The
Third
Consideration
is
this
,
The
Subversion
of
the
Laws
;
and
this
Arbitrary
Power
,
as
it
is
dangerous
to
the
Kings
Person
,
and
to
his
Crown
,
so
is
it
in
other
respects
,
very
prejudicial
to
His
Majesty
in
His
Honor
,
Profit
,
and
Greatness
;
and
yet
these
are
the
Gildings
and
Paintings
that
are
put
upon
such
Counsels
;
These
are
for
your
Honor
,
for
your
Service
;
whereas
in
truth
they
are
contrary
to
both
:
But
if
I
shall
take
off
this
varnish
,
I
hope
they
shall
then
appear
in
their
own
Native
deformity
;
and
therefore
I
desire
to
consider
them
by
these
Rules
.
It
cannot
be
for
the
Honor
of
the
King
,
that
His
Sacred
Authority
should
be
used
in
the
practise
of
Injustice
and
Opprssion
;
That
His
Name
should
be
applyed
to
patronize
such
horrid
crimes
,
as
have
been
represented
in
Evidence
against
the
Earl
of
Strafford
;
and
yet
how
frequently
,
how
presumptuously
his
Commands
,
his
Letters
,
have
been
vouched
throughout
the
course
of
this
Defence
?
Your
Lordships
have
heard
,
when
the
Judges
do
Justice
,
it
is
the
Kings
Justice
,
and
this
is
for
His
Honor
,
because
He
is
the
fountain
of
Justice
:
But
when
they
do
Injustice
,
the
offence
is
their
own
;
but
those
Officers
and
Ministers
of
the
King
,
who
are
most
officious
in
the
exercise
of
this
Arbitrary
Power
,
they
do
it
commonly
for
their
advantages
,
and
when
they
are
questioned
for
it
,
then
they
fly
to
the
Kings
Interest
,
to
His
Direction
:
And
truly
my
Lords
,
this
is
a
very
unequal
distribution
for
the
King
,
that
the
dishonor
of
evil
courses
should
be
cast
upon
him
,
and
they
to
have
the
advantage
.
The
prejudice
which
it
brings
to
him
in
regard
of
his
profit
,
is
no
less
apparent
,
it
deprives
him
of
the
most
beneficial
,
and
most
certain
Revenue
of
his
Crown
,
that
is
,
The
voluntary
Aids
and
Supplies
of
His
People
;
His
other
Revenues
,
consisting
of
goodly
Demeans
,
and
great
Mannors
,
have
by
Grants
been
alienated
from
the
Crown
,
and
are
now
exceedingly
diminished
and
impaired
:
But
this
Revenue
,
it
cannot
be
sold
,
it
cannot
be
burdened
with
any
Pensions
or
Annuities
,
but
comes
intirely
to
the
Crown
.
It
is
now
almost
Fifteen
years
since
His
Majesty
had
any
Assistance
from
His
People
;
and
,
these
illegal
wayes
of
supplying
the
King
were
never
prest
with
more
Violence
and
Art
,
then
they
have
been
in
this
time
;
and
yet
I
may
,
upon
very
good
grounds
,
affirm
,
That
in
the
last
Fifteen
years
of
Queen
Elizabeth
,
She
received
more
,
by
the
Bounty
and
Affection
of
Her
Subjects
,
then
hath
come
to
His
Majesties
Coffers
,
by
all
the
inordinate
and
rigorous
courses
which
have
been
taken
.
And
,
as
those
Supplies
were
more
beneficial
,
in
the
Receipt
of
them
,
so
were
they
like
in
the
use
and
imployment
of
them
.
Another
way
of
prejudice
to
His
Majesties
profit
,
is
this
:
Such
Arbitrary
Courses
Exhaust
the
people
,
and
disable
them
,
when
there
shall
be
occasion
,
to
give
such
plentiful
Supplies
,
as
otherwise
they
would
do
.
I
shall
need
no
other
proofe
of
this
,
then
the
Irish
Government
under
my
Lord
of
Strafford
,
where
the
Wealth
of
the
Kingdom
is
so
consumed
,
by
those
horrible
Exactions
and
Burdens
,
that
it
is
thought
,
the
Subsidies
lately
granted
,
will
amount
to
little
more
than
half
the
proportion
of
the
last
Subsidies
.
The
two
former
wayes
are
hurtful
to
the
Kings
profit
,
in
that
respect
which
they
call
Lucrum
Cessans
,
by
diminishing
his
Receipts
;
But
,
there
is
a
third
,
fuller
of
mischiet
;
and
,
it
is
in
that
respect
,
which
they
call
Damnum
emergens
,
by
increasing
his
Disbursements
:
such
irregular
and
exorbitant
attempts
upon
the
Liberties
of
the
People
,
are
apt
to
produce
such
miserable
Distractions
and
Distempers
,
as
will
put
the
King
and
Kingdomes
to
such
vast
Expences
and
Losses
in
a
short
time
,
as
will
not
be
recovered
in
many
years
:
We
need
not
go
far
to
seek
a
proof
of
this
,
these
two
last
years
will
be
a
sufficient
Evidence
,
within
which
time
I
assure
my self
,
it
may
be
proved
,
that
more
Treasure
hath
been
wasted
,
more
loss
sustained
by
His
Majesty
and
His
Subjects
,
then
was
spent
by
Queen
Elizabeth
in
all
the
War
of
Tyron
,
and
in
those
many
brave
Attempts
against
the
King
of
Spain
,
and
the
Royal
Assistance
which
she
gave
to
France
,
and
the
Low
Countries
,
during
all
Her
Reign
.
As
for
greatness
,
this
Arbitrary
Power
is
apt
to
hinder
and
impair
it
,
not
onely
at
home
,
but
abroad
.
A
Kingdom
is
a
Society
of
men
conjoyned
under
one
Government
,
for
the
Common
good
:
The
World
is
a
Society
of
Kingdomes
and
States
.
The
Kings
Greatness
consists
not
onely
in
His
Dominion
over
His
Subjects
at
home
,
but
in
the
Influence
which
he
hath
upon
States
abroad
;
That
He
should
be
great
even
among
Kings
,
and
by
His
Wisdom
and
Authority
,
so
to
incline
and
dispose
the
Affairs
of
other
States
and
Nations
,
and
those
great
events
which
fall
out
in
the
World
,
as
shall
be
for
the
good
of
Mankind
,
and
for
the
Peculiar
advantage
of
His
own
People
.
This
is
the
most
glorious
,
and
magnificent
greatness
,
to
be
able
to
relieve
distressed
Princes
,
to
support
his
own
Friends
and
Allies
,
to
prevent
the
Ambitious
Designs
of
other
Kings
;
and
,
how
much
this
Kingdom
hath
been
impaired
in
this
kind
,
by
the
late
mischievous
Counsels
,
your
Lordships
best
know
;
who
,
at
a
near
distance
,
and
with
a
more
clear
sight
,
do
apprehend
these
publick
and
great
affairs
,
then
I
can
do
.
Yet
thus
much
I
dare
boldly
say
,
that
if
His
Majesty
had
not
,
with
great
Wisdom
and
Goodness
,
forsaken
that
way
,
wherein
the
Earl
of
Strafford
had
put
Him
,
we
should
,
within
a
short
time
,
have
been
brought
into
that
miserable
condition
,
as
to
have
been
useless
to
our
Friends
,
contemptible
to
our
Enemies
,
and
uncapable
of
undertaking
any
great
Design
,
either
at
home
or
abroad
.
A
fourth
consideration
is
,
That
this
Arbitrary
and
Tyrannical
Power
,
which
the
Earl
of
Strafford
did
exercise
in
his
own
Person
,
and
to
which
he
did
advise
His
Majesty
,
is
inconsistent
with
the
Peace
,
the
Wealth
,
the
Prosperity
of
a
Nation
;
It
is
destructive
to
Justice
,
the
Mother
of
Peace
;
to
Industry
,
the
spring
of
Wealth
;
to
Valour
,
which
is
the
active
Virtue
,
whereby
the
prosperity
of
a
Nation
can
only
be
procured
confirmed
,
and
enlarged
.
It
s
not
only
apt
to
take
away
Peace
,
and
so
intangle
the
Nation
with
Wars
,
but
doth
corrupt
Peace
,
and
puts
such
a
malignity
into
it
,
as
produceth
the
effects
of
War
.
We
need
seek
no
other
proof
of
this
,
but
the
Earl
of
Straffords
Government
,
where
the
Irish
,
both
Nobility
and
others
,
had
as
little
security
of
their
Persons
or
Estates
in
this
peaceable
time
,
as
if
the
Kingdom
had
been
under
the
rage
and
fury
of
War
.
And
as
for
Industry
and
Valour
,
who
will
take
pains
for
that
,
which
when
he
hath
gotten
,
is
not
his
own
?
or
who
fight
for
that
wherein
he
hath
no
other
interest
,
but
such
as
is
subject
to
the
Will
of
another
?
The
antient
encouragement
to
men
,
that
were
to
defend
their
Countreys
,
was
this
,
That
they
were
to
hazard
their
Person
,
pro
Aris
&
focis
,
for
their
Religion
,
and
for
their
Houses
;
But
by
this
Arbitrary
way
which
was
practised
in
Ireland
,
and
counselled
here
;
no
man
had
any
certainty
,
either
of
Religion
,
or
of
his
House
,
or
any
thing
else
to
be
his
own
;
But
besides
this
,
such
Arbitrary
courses
have
an
ill
operation
upon
the
courage
of
a
Nation
,
by
embasing
the
hearts
of
the
People
:
A
servile
condition
does
for
the
most
part
beget
in
men
a
slavish
temper
and
disposition
.
Those
that
live
so
much
under
the
Whip
,
and
the
Pillory
,
and
such
servile
Engines
,
as
were
frequently
used
by
the
Earl
of
Strafford
,
they
may
have
the
dregs
of
valour
,
sullenness
and
stubborness
,
which
may
make
them
prone
to
mutinies
and
discontents
;
But
those
noble
and
gallant
affections
,
which
put
men
to
brave
designs
and
attempts
for
the
preservation
or
enlargement
of
a
Kingdom
,
they
are
hardly
capable
of
.
Shall
it
be
Treason
to
embase
the
Kings
Coin
,
though
but
a
piece
of
Twelve-pence
,
or
Six-pence
?
and
must
it
not
needs
be
the
effect
of
a
greater
Treason
,
to
embase
the
Spirits
of
his
Subjects
,
and
to
set
a
stamp
and
character
of
servitude
upon
them
,
whereby
they
shall
be
disabled
to
do
any
thing
,
for
the
service
of
the
King
and
Commonwealth
?
The
fifth
Consideration
is
this
,
that
the
exercise
of
this
Arbitrary
Government
in
times
of
suddain
danger
,
by
the
invasion
of
an
enemy
,
will
disable
His
Majesty
to
preserve
himselfe
and
His
Subjects
from
that
danger
.
This
is
the
only
pretence
by
which
the
Earl
of
Strafford
,
and
such
other
mischievous
Counsellors
,
would
induce
His
Majesty
to
make
use
of
it
;
and
if
it
be
unfit
for
such
an
occasion
,
I
know
nothing
that
can
be
alledged
in
maintainance
of
it
.
When
War
threatens
a
Kingdom
by
the
coming
of
a
Forreign
Enemy
,
it
is
no
time
then
to
discontent
the
people
,
to
make
them
weary
of
the
present
Government
,
and
more
inclinable
to
a
change
;
The
supplies
which
are
to
come
in
this
way
,
will
be
unready
,
uncertain
,
there
can
be
no
assurance
of
them
,
no
dependance
upon
them
,
either
for
time
or
proportion
:
And
if
some
Money
be
gotten
in
such
a
way
,
the
distractions
,
divisions
,
distempers
,
which
this
course
is
apt
to
produce
,
will
be
more
prejudicial
to
the
publique
safety
,
than
the
Supply
can
be
advantagious
to
it
,
and
of
this
we
have
had
sufficient
experience
the
last
Summer
.
The
Sixth
,
That
this
crime
of
subverting
the
Laws
,
and
introducing
an
Arbitrary
and
Tyrannical
Government
,
is
contrary
to
the
Pact
and
Covenant
betwixt
the
King
and
his
People
;
that
which
was
spoken
of
before
,
was
the
legal
union
of
Allegiance
and
Protection
;
this
is
a
personal
union
by
mutual
agreement
and
stipulation
,
confirmed
by
Oath
on
both
sides
:
The
King
and
his
People
are
obliged
to
one
another
in
the
nearest
relations
,
he
is
a
Father
and
a
Child
,
is
called
in
Law
pars
patris
:
He
is
the
Husband
of
the
Common-wealth
,
they
have
the
same
interests
,
they
ara
inseparable
in
their
condition
,
be
it
good
or
evil
;
he
is
the
Head
,
they
are
the
Body
;
there
is
such
an
incorporation
as
cannot
be
dissolved
,
without
the
destruction
of
both
.
When
Justice
Thorp
in
Edward
the
III.
time
,
was
by
the
Parliament
condemned
to
death
for
Bribery
,
the
reason
of
that
Judgement
is
given
,
because
he
had
broke
the
Kings
Oath
,
not
that
he
had
broke
his
own
Oath
,
but
he
had
broken
the
Kings
Oath
,
that
solemn
and
great
Obligation
,
which
is
the
security
of
the
whole
Kingdom
:
If
for
a
Judge
to
take
a
small
sum
,
in
a
private
Cause
,
was
adjudged
capital
,
how
much
greater
was
this
offence
,
whereby
the
Earl
of
Strafford
hath
broken
the
Kings
Oath
in
the
whole
course
of
his
Government
in
Ireland
,
to
the
prejudice
of
so
many
of
His
Majesties
Subjects
in
their
Lives
,
Liberties
,
and
Estates
,
and
to
the
danger
of
all
the
rest
?
The
Doctrine
of
the
Papists
Fides
non
est
servanda
cum
Haereticis
,
is
an
abominable
Doctrine
;
yet
that
other
Tenet
,
more
peculiar
to
the
Jesuits
,
is
more
pernicious
,
whereby
Subjects
are
discharged
from
their
Oath
of
Allegiance
to
their
Prince
,
whensoever
the
Pope
pleaseth
;
This
may
be
added
to
make
the
third
no
less
mischievous
and
destructive
to
humane
Society
,
than
either
of
the
rest
.
That
the
King
is
not
bound
by
that
Oath
which
he
hath
taken
,
to
observe
the
Laws
of
the
Kingdom
,
but
may
when
he
sees
cause
,
lay
Taxes
and
Burthens
upon
them
without
their
consent
,
contrary
to
the
Laws
and
Liberties
of
the
Kingdom
,
This
hath
been
Preached
and
published
by
divers
;
And
this
is
that
which
hath
been
practised
in
Ireland
by
the
Earl
of
Strafford
,
in
his
Government
there
,
and
endeavoured
to
be
brought
into
England
,
by
his
Counsel
here
.
The
Seventh
is
this
;
It
is
an
offence
that
is
contrary
to
the
end
of
Government
;
The
end
of
Government
was
to
prevent
oppressions
;
to
limit
and
restrain
the
excessive
power
and
violence
of
great
men
,
to
open
the
passages
of
Justice
,
with
indifferency
towards
all
;
This
Arbitrary
Power
is
apt
to
induce
and
encourage
all
kind
of
insolencies
.
Another
end
of
the
Government
,
is
to
preserve
men
in
their
Estates
,
to
secure
them
in
their
Lives
and
Liberties
;
but
if
this
design
had
taken
effect
,
and
could
have
been
setled
in
England
,
as
it
was
practised
in
Ireland
,
no
man
would
have
had
more
certainty
in
his
own
,
then
Power
would
have
allowed
him
;
but
these
two
have
been
spoken
of
before
;
there
are
two
behind
more
important
,
which
have
not
yet
been
touched
.
It
is
the
end
of
Government
,
that
Virtue
should
be
cherish'd
,
Vice
supprest
;
but
where
this
Arbitrary
and
unlimited
Power
is
set
up
,
a
way
is
open
,
not
only
for
the
security
,
but
for
the
advancement
and
encouragement
of
evil
;
such
men
as
are
apt
for
the
execution
and
maintenance
of
this
Power
,
are
only
capable
of
preferment
;
and
others
who
will
not
be
instruments
of
any
unjust
commmands
,
who
make
a
conscience
to
do
nothing
against
the
Laws
of
the
Kingdom
,
and
Liberties
of
the
Subject
,
are
not
only
not
passable
for
employment
,
but
subject
to
much
jealousie
and
danger
.
It
is
the
end
of
Government
,
that
all
Accidents
and
Events
,
all
Counsels
and
Designs
should
be
improved
to
the
publique
good
:
But
this
Arbitrary
Power
is
apt
to
dispose
all
,
to
the
maintainance
of
it self
.
The
wisdome
of
the
Council
Table
;
The
authority
of
the
Courts
of
Justice
;
The
industry
of
all
the
Officers
of
the
Crown
,
have
been
most
carefully
exercised
in
this
;
the
Learning
of
our
Divines
,
the
Jurisdiction
of
our
Bishops
have
been
moulded
and
disposed
to
the
same
effect
,
which
though
it
were
begun
before
the
Earl
of
Straffords
imployment
,
yet
it
hath
been
exeedingly
furthered
and
advanced
by
him
.
Under
this
colour
and
pretence
of
maintaining
the
King's
Power
and
Prerogative
,
many
dangerous
practises
against
the
peace
and
safety
of
the
Kingdom
,
have
been
undertaken
and
promoted
.
The
increase
of
Popery
,
and
the
favours
and
encouragement
of
Papists
have
been
,
and
still
are
a
great
grievance
and
danger
to
the
Kingdom
:
The
innovation
,
in
matters
of
Religion
,
the
Usurpations
of
the
Clergy
,
the
manifold
burthens
and
taxations
upon
the
people
,
have
been
a
great
cause
of
our
present
distempers
and
disorders
;
and
yet
those
who
have
been
chief
furtherers
and
actors
of
such
mischiefs
,
have
had
their
Credit
and
Authority
from
this
;
that
they
were
forward
to
maintain
this
power
.
The
Earl
of
Strafford
had
the
first
rise
of
his
Greatness
from
this
;
and
in
his
Apology
and
Defence
,
as
your
Lordships
have
heard
,
this
hath
had
a
main
part
.
The
Royal
Power
and
Majesty
of
Kings
is
most
Glorious
in
the
Prosperity
and
happiness
of
the
People
;
the
perfection
of
all
things
consists
in
the
end
,
for
which
they
were
ordained
,
God
only
in
his
own
end
,
all
other
things
,
have
a
further
end
beyond
themselves
,
in
attaining
whereof
,
their
own
happiness
consists
:
if
the
means
and
the
end
be
set
in
opposition
to
one
another
,
it
must
needs
cause
an
impotency
and
defect
of
both
.
The
Eighth
Consideration
,
is
the
vanity
and
absurdity
of
those
excuses
and
justifications
,
which
he
made
for
himself
,
whereof
divers
particulars
have
been
mentioned
in
the
course
of
this
Defence
.
1.
That
he
is
a
Counsellor
,
and
might
not
be
questioned
for
any
thing
which
he
advised
according
to
his
Conscience
;
The
ground
is
true
,
there
is
a
liberty
belongs
to
Counsellors
,
and
nothing
corrupts
Counsels
more
than
Fear
;
He
that
will
have
the
priviledge
of
a
Counsellor
,
must
keep
within
the
just
bounds
of
a
Counsellor
;
those
matters
are
the
proper
subjects
of
Counsel
,
which
in
their
times
and
occasions
,
may
be
good
or
beneficial
to
the
King
or
Common-wealth
;
But
such
Treasons
as
these
,
the
subversion
of
the
Laws
,
violation
of
Liberties
,
they
can
never
be
good
or
justifiable
by
any
circumstance
,
or
occasion
;
and
therefore
his
being
a
Counsellor
,
makes
his
fault
much
more
hainous
,
as
being
committed
against
a
greater
Trust
,
and
in
a
way
of
much
mischief
and
danger
,
least
His
Majesties
Conscience
and
Judgement
(
upon
which
,
the
whole
course
and
frame
of
His
Government
,
do
much
depend
)
should
be
poysoned
and
infected
with
such
wicked
Principles
and
Designes
:
And
this
he
hath
endeavoured
to
do
,
which
by
all
Laws
,
and
in
all
Times
hath
in
this
Kingdom
been
reckoned
a
crime
of
an
high
Nature
.
2.
He
labours
to
interest
your
Lordships
in
his
Cause
,
by
alleadging
,
it
may
be
dangerous
to
your selves
,
and
your
posterity
,
who
by
your
Birth
are
fittest
to
be
near
His
Majesty
,
in
places
of
Trust
and
Authority
,
if
you
should
be
subject
to
be
questioned
for
matters
delivered
in
Council
.
To
this
was
answered
,
That
it
was
hoped
their
Lordships
would
rather
labour
to
secure
themselves
,
and
their
posterity
,
in
the
exercise
of
their
Virtues
,
than
of
their
Vices
,
that
so
they
might
,
together
with
their
own
Honor
and
Greatness
,
preserve
the
Honor
and
Greatness
,
both
of
the
King
and
Kingdom
.
3.
Another
excuse
was
this
,
That
whatsoever
he
hath
spoken
,
was
out
of
good
intention
.
Sometimes
good
and
evil
,
truth
and
falshood
,
lye
so
near
together
,
that
they
are
hardly
to
be
distinguished
:
Matters
hurtful
and
dangerous
,
may
be
accompanied
with
such
circumstances
,
as
may
make
it
appear
useful
and
convenient
,
and
in
all
such
cases
,
good
intention
will
justify
evil
Counsel
;
But
where
the
matters
propounded
are
evil
in
their
own
nature
,
such
as
the
matters
are
,
wherewith
the
Earl
of
Strafford
is
charged
,
to
break
a
publique
Faith
,
to
subvert
Laws
and
Government
:
they
can
never
be
justied
by
any
intentions
,
how
good
soever
they
be
pretended
.
4.
He
alleadgeth
it
was
a
time
of
great
necessity
and
danger
,
when
such
Counsels
were
necessary
for
preservation
of
the
State
.
Necessity
hath
been
spoken
of
before
,
as
it
relates
to
the
Cause
;
now
it
is
considered
as
it
relates
to
the
Person
;
if
there
were
any
necessity
,
it
was
of
his
own
making
;
he
by
his
evil
Counsel
had
brought
the
King
into
a
necessity
,
and
by
no
rules
of
Justice
can
be
allowed
to
gain
this
advantage
by
his
own
fault
,
as
to
make
that
a
ground
of
his
justification
which
is
a
great
part
of
his
offence
.
5.
He
hath
often
insinuated
this
,
That
it
was
for
His
Majesties
service
,
in
maintainance
of
that
Sovereign
Power
,
with
which
he
is
intrusted
by
God
,
for
the
good
of
his
People
.
The
Answer
is
this
,
No
doubt
but
that
Sovereign
Power
wherewith
His
Majesty
is
intrusted
for
the
publique
good
,
hath
many
glorious
effects
,
the
better
to
inable
him
thereunto
;
But
without
doubt
,
this
is
none
of
them
,
That
by
his
own
Will
,
he
may
lay
any
Tax
or
Imposition
upon
His
people
,
without
their
consent
in
Parliament
.
This
hath
now
been
five
times
adjudged
by
both
Houses
,
in
the
case
of
the
Loans
,
in
condemning
Commissions
of
Excise
,
in
the
resolution
upon
the
saving
offered
to
be
saved
to
the
Petition
of
Right
,
in
the
sentence
against
Manwaring
,
and
now
Lutell
,
in
condemning
the
Shipmoney
;
And
if
the
Sovereign
Power
of
the
King
,
can
produce
no
such
effect
as
this
,
the
Allegation
of
it
is
an
aggravation
,
and
no
diminution
of
his
offence
,
because
thereby
he
doth
labour
to
interest
the
King
against
the
just
grievance
and
complaint
of
the
People
.
6.
This
Counsel
was
propounded
with
diverse
Limitations
and
Provisions
;
for
securing
and
repairing
the
Liberty
of
the
People
.
This
implies
a
contradiction
to
maintain
an
Arbitrary
and
Absolute
Power
,
and
yet
to
restrain
it
with
Limitations
and
Provisions
,
for
even
those
limitations
and
provisions
,
will
be
subject
to
the
same
absolute
power
,
and
to
be
dispensed
in
such
manner
,
and
at
such
time
,
as
it self
shall
determine
;
let
the
Grievances
and
Oppressions
be
never
so
heavy
,
the
Subject
is
left
without
all
remedy
,
but
at
His
Majesties
own
pleasure
.
7.
He
alleadgeth
,
They
were
but
Words
,
and
no
effect
followed
;
this
needs
no
Answer
:
but
,
that
the
Miserable
Distempers
into
which
he
hath
brought
all
the
three
Kingdomes
,
will
be
Evidence
sufficient
,
that
his
Wicked
Counsels
have
had
such
Mischievous
Effects
within
these
two
or
three
last
years
,
that
many
years
peace
will
hardly
repair
those
losses
,
and
other
great
Mischiefs
which
the
Common-Wealth
hath
sustained
.
8.
These
Excuses
have
been
collected
out
of
the
several
Parts
of
his
defence
,
perchance
some
others
are
omitted
,
which
I
doubt
not
have
been
Answered
by
some
of
my
Collegues
,
and
are
of
no
Importance
,
either
to
perplex
or
to
hinder
your
Lordships
Judgment
touching
the
hainousness
of
this
Crime
.
The
9th
consideration
is
this
,
That
if
this
be
Treason
,
in
the
Nature
of
it
,
it
doth
exceed
all
other
Treasons
in
this
,
That
in
the
Design
and
Endeavour
of
the
Author
,
it
was
to
be
a
constant
and
permanent
Treason
;
other
Treasons
are
Transient
,
as
being
confined
within
those
particular
Actions
and
Proportions
,
wherein
they
did
consist
,
and
those
being
past
,
the
Treason
ceaseth
.
The
Powder
Treason
was
full
of
horror
and
maglignity
,
yet
it
is
past
many
years
since
:
The
Murder
of
that
Magnanimous
and
Glorious
King
,
Henry
the
Fourth
of
France
,
was
a
great
and
horrid
Treason
;
and
so
were
those
manifold
Attempts
against
Queen
Elizabeth
of
blessed
Memory
;
but
,
they
are
long
since
past
;
the
Detestation
of
them
onely
remains
in
Histories
,
and
in
the
minds
of
men
,
and
will
ever
remain
:
But
,
this
Treason
,
if
it
had
taken
effect
,
was
to
be
a
standing
perpetual
Treason
,
which
would
have
been
in
continual
Act
,
not
determined
within
one
time
or
Age
,
but
transmitted
to
Posterity
,
even
from
one
generation
to
another
.
The
10th
Consideration
is
this
,
That
as
it
is
a
Crime
odious
in
the
Nature
of
it
,
so
it
is
odious
in
the
Judgment
and
Estimation
of
the
Law
:
To
alter
the
setled
Frame
and
Constitution
of
Government
,
is
Treason
in
any
state
.
The
Laws
,
whereby
all
other
parts
of
a
Kingdom
are
preserved
,
should
be
very
vain
and
defective
,
if
they
had
not
a
power
to
secure
and
preserve
themselves
.
The
Forfeitures
inflicted
for
Treason
,
by
our
Law
,
are
of
Life
,
Honor
and
Estate
,
even
all
that
can
be
forfeited
;
and
,
this
Prisoner
having
committed
so
many
Treasons
,
although
he
should
pay
all
these
Forfeitures
,
will
be
still
a
Debtor
to
the
Common-wealth
:
nothing
can
be
more
equal
,
then
that
he
should
perish
by
the
Justice
of
that
Law
,
which
he
would
have
Subverted
;
neither
will
this
be
a
new
way
of
Blood
,
There
are
Marks
enough
to
trace
this
Law
to
the
very
Original
of
this
Kingdom
:
and
if
it
hath
not
been
put
in
Execution
,
as
he
alleadgeth
,
this
240
years
,
it
was
not
for
want
of
Law
,
but
,
that
all
that
time
hath
not
bred
a
man
,
bold
enough
to
commit
such
Crimes
as
these
;
which
is
a
circumstance
,
much
aggravating
his
Offence
,
and
making
him
no
whit
less
liable
to
punishment
,
because
he
is
the
onely
Man
,
that
in
so
long
a
time
hath
ventured
upon
such
a
Treason
as
this
.
It
belongs
to
the
Charge
of
another
,
to
make
it
appear
to
your
Lordships
,
that
the
Crimes
and
Offences
proved
against
the
Earl
of
Strafford
,
are
High-Treason
by
the
Lawes
and
Statutes
of
this
Realme
,
whose
Learning
and
other
Abilities
are
much
better
for
that
Service
:
But
,
for
the
time
and
manner
of
performing
this
,
we
are
to
resort
to
the
Direction
of
the
House
of
Commons
,
having
in
this
,
which
is
already
done
,
dispatched
all
those
Instructions
which
we
have
received
;
and
,
concerning
further
Proceedings
,
for
clearing
all
Questions
and
Objections
in
Law
,
your
Lordships
will
hear
from
the
House
of
Commons
in
Convenient
time
.
THE
ARGUMENT
Of
Mr.
LANE
,
The
PRINCE'S
ATTORNY-GENERAL
,
On
the
Behalf
of
the
Earl
of
STRAFFORD
,
In
Point
of
Law
,
MY
Lords
,
I
shall
not
at
all
touch
the
Matter
of
Law
,
further
than
to
clear
your
Judgments
of
one
Statute
only
,
viz.
25
E.
3.
because
when
the
same
was
Alleadged
by
the
Lord
Strafford
,
in
his
own
Defence
,
that
not
being
Convict
of
the
Letter
thereof
,
he
could
not
be
Convict
of
Treason
:
Remember
the
Salvo
of
the
Statute
was
much
insisted
upon
,
by
those
from
the
House
of
Commons
,
as
much
Conducing
to
their
Ends.
My
Lords
,
I
will
first
speak
of
the
Statute
it self
,
and
then
of
it's
Salvo
or
Provision
.
The
Statute
is
,
That
if
any
Man
shall
Intend
the
Death
of
the
King
,
His
Queen
,
their
Children
;
kill
the
Chancellor
,
or
Judge
upon
the
Bench
,
Imbase
the
Kings
Coyn
,
or
Counterfeit
the
Broad-Seal
,
&c.
he
shall
be
Convict
,
and
Punisht
as
a
Traytor
:
That
the
Lord
Strafford
comes
not
within
the
Letter
of
this
Statute
,
is
not
so
much
as
once
alleadged
,
nor
indeed
it
cannot
be
with
any
Reason
;
All
that
can
be
said
is
,
That
by
Relation
,
or
by
Argument
(
a
Minore
ad
Majus
)
he
may
be
drawn
into
it
;
yet
,
that
this
cannot
be
,
I
humbly
offer
these
Considerations
.
First
.
This
is
a
Declarative
Law
,
and
such
are
not
to
be
taken
by
way
of
Consequence
,
Equity
,
or
Construction
,
but
by
the
Letter
only
;
otherwise
they
should
imply
a
Contradiction
to
themselves
,
and
be
no
more
Declarative
Laws
,
but
Lawes
of
Construction
,
or
Constitutive
.
Secondly
.
This
is
a
Penal
Law
,
and
such
(
if
our
Grounds
,
hitherto
unquestion'd
,
hold
good
)
can
admit
of
no
Constructions
,
or
Inferences
:
for
Penalties
are
to
perswade
the
Keeping
of
Known
Lawes
,
not
of
Lawes
Conjectural
,
Ambiguous
,
and
by
Consequence
(
which
perhaps
the
most
Learned
may
not
,
in
their
Disputes
,
question
,
much
less
the
Subject
(
who
is
not
obliged
to
Interpret
the
Statute
)
doubt
of
,
in
the
point
of
Obedience
;
yea
,
rather
,
without
any
doubt
,
he
is
rather
to
obey
the
Letter
of
the
Statute
,
and
conceive
(
and
that
truly
)
that
he
is
not
liable
to
the
Penalty
.
Thirdly
,
We
have
a
Notable
Law
,
13
Eliz.
cap.
2.
whereby
it
is
declared
,
That
the
Bringing
in
of
Bulls
from
Rome
,
to
stir
up
the
Subject
to
Mutiny
and
Rebellion
,
shall
be
punished
as
Treason
:
Now
,
if
by
Interpretation
,
or
by
Consequence
,
this
Sence
might
have
been
thrust
upon
the
Preceding
Statutes
,
the
making
of
this
had
been
superfluous
;
yea
,
the
Persons
then
charged
with
that
Crime
,
might
have
been
impeached
of
Treason
,
even
before
the
making
of
this
Act.
Anno
21
Edw.
3.
We
have
a
Statute
,
declaring
,
That
for
a
Servant
to
Kill
his
Master
,
is
an
Act
of
Treason
;
and
,
in
the
23th
year
of
the
same
King
,
a
Process
of
Treason
was
framed
against
a
Man
for
Killing
his
Father
,
grounded
upon
the
same
Argument
a
Minore
ad
Majus
:
But
,
it
was
found
,
and
the
Sentence
is
yet
in
Records
,
that
although
in
the
21th
year
of
Edward
the
Third
,
that
Argument
might
have
been
admitted
,
yet
in
the
27th
it
could
not
,
by
Reason
of
the
Declarative
Law
,
Intervening
in
the
25th
year
;
and
,
this
Case
comes
very
home
to
the
Point
in
Law
.
My
Lords
,
I
will
not
demand
,
What
kind
of
Offence
it
may
be
,
for
a
Man
to
Subvert
the
Fundamental
Laws
of
the
Kingdom
?
the
Crime
,
doubtless
,
is
Unnatural
and
Monstrous
,
and
the
Punishment
must
keep
the
same
Proportion
;
only
I
Presume
to
Offer
these
few
things
to
your
Lordships
Consideration
.
1.
That
one
,
or
more
Acts
of
Injustice
,
whether
Malitiously
or
Ignorantly
done
,
can
,
in
no
sence
of
Law
,
be
called
,
The
Subversion
of
the
Fundamental
Laws
;
if
so
,
as
many
Judges
(
perhaps
)
so
many
Traytors
;
't
is
very
Incident
to
Mans
Nature
to
erre
;
nor
doth
the
Lord
Strafford
plead
his
Innocency
in
Oversights
,
but
in
Treason
.
2.
I
do
Remember
the
Case
of
Iohn
de
la
Pole
Duke
of
Suffolk
;
this
Man
,
in
the
28th
of
Henry
the
Sixth
,
was
Charged
by
the
House
of
Commons
with
Articles
of
Treason
,
and
those
too
very
like
to
these
against
my
Lord
Strafford
.
-
I.
That
he
had
given
the
King
bad
Advices
.
-
II.
That
he
had
Embased
His
Coyn.
-
III.
That
he
had
Sessed
Men
of
War
.
-
IV.
That
he
had
given
out
Summary
Decrees
.
-
V.
That
he
had
Imposed
Taxes
.
-
VI.
That
he
had
Corrupted
the
Fountain
of
Justice
.
-
VII
.
That
he
had
perswaded
the
King
to
Unnecessary
War
,
and
the
giving
over
of
Anjou
in
France
.
And
,
for
all
these
,
though
he
was
charged
with
High
Treason
,
for
wronging
the
Right
of
the
Subject
,
and
Subverting
the
Fundamental
Lawes
of
the
Kingdom
,
yet
,
after
a
long
agitation
,
the
Matter
was
found
,
by
the
Lords
of
the
Parliament
,
not
to
Imply
Treason
,
but
only
Felony
:
Add
to
this
another
,
who
,
in
the
23d
of
Henry
the
Eighth
,
was
Charged
for
subverting
the
English
Laws
,
and
yet
no
Treason
charg'd
upon
him
.
Add
to
both
,
the
Charge
of
Richard
Larkes
,
Pleaded
at
the
Common-Pleas
,
who
was
Charged
with
Treason
,
for
Subverting
the
Law
,
but
Convicted
onely
of
Felony
:
By
which
you
may
see
,
my
Lords
,
what
to
this
time
hath
been
Subverting
the
Lawes
.
3.
It
is
very
considerable
,
That
the
Lord
Strafford
is
not
charged
to
have
Subverted
,
but
onely
to
have
Intended
to
Subvert
the
Fundamental
Lawes
;
and
this
,
I
conceive
,
if
there
were
no
more
,
might
keep
him
free
from
that
Statute
,
the
25th
of
Edward
the
Third
.
For
,
although
,
as
touching
the
King
,
His
Queen
and
Children
,
Intention
is
Treasonable
;
yet
,
in
all
other
things
there
mentioned
,
there
must
be
Action
besides
Intention
:
for
,
it
is
not
said
,
If
a
Man
do
intend
to
Kill
a
Chancellor
,
it
shall
be
Treason
,
but
if
he
doth
Kill
him
,
and
if
he
doth
actually
Counterfeit
the
Broad
Seal
:
And
,
although
a
Man
should
prepare
a
Furnace
,
make
ready
his
Stamp
,
melt
his
Bullion
,
yet
if
he
gives
not
the
Kings
Impression
upon
the
Coyn
,
all
his
Intentions
,
yea
,
his
Preparations
will
not
serve
to
make
up
a
Treason
.
Ye
see
therefore
my
Lords
,
that
the
Body
of
the
Statute
cannot
stick
against
the
Lord
Strafford
,
neither
in
Letter
nor
Consequence
,
this
is
not
,
that
must
not
be
:
All
that
can
be
said
,
is
,
That
the
Fact
may
be
Treason
by
the
Common
Law
.
For
my
part
,
I
profess
my
Ignorance
,
who
ever
thought
the
Common
Law
might
declare
,
but
never
make
a
Treason
;
it
might
be
presupposed
,
that
there
is
a
Statute
whereupon
to
build
a
Declaration
;
and
therefore
,
to
say
there
is
no
Statute
for
it
,
it
is
to
say
,
It
is
no
Treason
at
all
:
the
Statute
ever
makes
the
Treason
,
and
to
be
declared
Treason
,
either
by
Common
Law
,
or
by
Parliament
,
are
but
two
different
wayes
of
proceedings
,
and
must
both
resolve
into
one
Principle
;
nay
,
and
which
comes
home
to
the
Point
,
in
the
21
of
Edward
the
Third
;
To
kill
a
Man
,
employed
in
the
Kings
War
,
was
Treason
:
and
,
the
23d
,
to
kill
the
King's
Messenger
was
Treason
,
by
Declaration
of
the
Common
Law
,
but
alwayes
by
reason
of
the
Statute
;
yet
none
of
these
are
Treasons
,
but
Felonies
onely
,
because
of
the
intervening
Statute
of
the
25th
of
Edward
the
Third
;
such
hath
ever
been
thought
the
force
of
its
Letter
and
Declaration
:
and
so
I
will
leave
it
,
and
a
word
or
two
of
the
Salvo
,
which
is
this
,
That
because
all
particulars
could
not
be
enumerated
,
therefore
what
the
Parliament
should
declare
to
be
Treasonable
in
time
to
come
,
should
be
punished
as
a
Treason
.
And
,
according
to
this
Reservative
,
in
the
8th
year
of
King
Richard
the
Second
,
one
charged
before
the
Kings
Bench
,
was
afterwards
referred
to
the
Parliament
;
and
there
,
though
the
Fact
was
not
contained
in
the
Body
of
the
Statute
,
yet
because
of
the
Proviso
afore-mentioned
,
it
was
Adjudged
Treason
.
In
the
11th
year
of
the
same
King
,
the
Duke
of
Ireland
,
and
Nevill
Archbishop
of
York
,
were
Impeached
of
High-Treason
by
Gloucester
,
Arundel
,
and
Warwick
,
and
,
notwithstanding
the
Statute
,
were
convicted
thereof
by
the
Salvo
;
but
,
in
the
21
of
the
same
Richard
the
2d
the
Tide
turned
,
and
the
King
had
such
a
Hand
with
the
Parliament
,
that
the
Sentence
was
Recalled
,
and
those
Three
Noblemen
themselves
were
Adjudged
Traytors
;
again
in
the
1
of
Hen.
the
Fourth
His
Successor
,
that
Revocation
of
the
21
Richard
the
Second
was
Repealed
,
and
the
Sentence
of
the
11th
of
His
Reign
Established
:
Such
were
the
tossings
too
and
fro
of
Treason
,
and
all
because
of
that
uncertain
Proviso
.
Therefore
it
was
,
that
in
the
same
Parliament
,
the
1
Hen.
the
Fourth
,
a
Petition
was
preferred
by
the
Nobility
,
to
have
Treason
limited
within
some
Statute
;
Because
they
knew
not
what
to
speak
,
or
what
to
do
for
fear
thereof
:
And
,
in
Chap.
10.
an
Act
was
made
upon
this
Petition
,
That
the
Salvo
should
be
holden
Repealed
in
all
times
to
come
,
and
nothing
esteemed
Treason
,
but
what
was
Literally
contained
in
the
25th
of
Edward
the
Third
.
And
therefore
it
is
said
in
the
Records
,
That
there
was
Great
Joy
at
the
making
of
this
Act
;
in
that
the
Drawn
Sword
,
hanging
over
every
Mans
head
,
by
this
Slender
Thread
of
a
Consequence
or
Illation
,
was
removed
by
that
Act.
Add
to
this
,
that
in
the
First
of
Queen
Mary
,
Cap.
1.
the
same
is
Repeated
,
That
no
Man
shall
be
punished
in
Life
or
Estate
,
as
a
Traytor
,
but
for
the
Crime
contained
in
the
Statute
of
25
Edward
the
Third
,
without
the
least
mention
of
the
pretended
Salvo
.
The
Earl
of
Northumberlands
Case
comes
nigh
to
the
Point
,
he
was
charged
with
Treason
the
5th
of
Henry
the
Fourth
,
and
if
the
Statute
of
the
1
Henry
4th
,
Chap.
10.
whereby
this
Proviso
is
Repealed
,
had
not
intervened
,
no
doubt
he
had
been
Condemned
of
Treason
;
but
,
he
was
onely
Convict
of
Felony
,
and
that
because
he
could
not
be
drawn
within
the
Letter
of
the
Statute
of
the
25th
of
Edward
the
Third
.
And
,
I
dare
confidently
say
it
,
that
since
that
Act
was
made
,
the
1
Henry
the
Fourth
,
Chap.
10.
whereby
the
Proviso
is
Repealed
,
no
Man
hath
ever
been
declared
a
Traytor
,
either
by
King
or
Parliament
,
except
it
were
upon
that
,
or
some
other
Statute
Literally
and
Declaratively
taken
.
These
two
things
I
do
offer
to
your
Lordships
Considerations
,
That
the
Lord
Strafford
cannot
be
Impeached
of
Treason
,
by
the
Statute
of
25th
Edward
the
Third
;
and
,
that
the
Salvo
,
contained
in
the
same
,
stands
Repealed
,
almost
Two
hundred
years
agoe
.
And
this
is
all
,
I
conceive
,
to
be
necessary
for
that
Statute
,
which
was
Alledged
by
the
Lord
Strafford
,
in
his
Defence
,
for
matter
of
Law
.
The
Recorder
said
,
He
could
add
nothing
to
what
the
former
Councel
had
spoken
,
for
matter
of
Law
;
but
,
if
their
Lordships
would
state
unto
him
any
further
Questions
,
he
was
ready
to
give
his
Resolution
according
to
his
best
ability
.
Mr.
St.
JOHN'S
ARGUMENT
OF
LAW
;
CONCERNING
The
Bill
of
Attainder
,
April
29th
,
1641.
MY
Lords
,
The
Knights
,
Citizens
,
and
Burgesses
of
the
Commons
House
of
Parliament
,
have
passed
a
Bill
,
for
the
Attainting
of
Thomas
Earl
of
Strafford
of
High-Treason
.
The
Bill
hath
been
transmitted
from
them
to
your
Lordships
;
it
concerns
not
him
alone
,
but
your
Lordships
and
the
Commons
too
,
though
in
different
respects
.
It
concerns
his
Lordship
the
highest
that
can
be
in
the
Penal
Part
;
so
it
doth
,
on
the
other
side
,
as
highly
concern
your
Lordships
and
the
Commons
,
in
that
which
ought
to
be
the
tendrest
,
the
Judicatory
within
that
,
that
Judge
not
them
who
Judge
him
,
and
in
that
which
is
most
Sacred
amonst
Men
,
the
Publick
Justice
of
the
Kingdom
.
The
King
is
to
be
accounted
unto
,
for
the
loss
of
the
meanest
Member
,
much
more
of
one
so
near
the
Head
.
The
Commons
are
concerned
in
their
Account
for
what
is
done
,
your
Lordships
in
that
which
is
to
be
done
.
The
business
therefore
of
the
present
Conference
,
is
to
acquaint
your
Lordships
with
those
things
,
that
satisfy'd
the
Commons
in
Passing
of
this
Bill
;
such
of
them
as
have
come
within
my
capacity
,
and
,
that
I
can
remember
,
I
am
Commanded
from
the
Commons
at
this
time
,
to
present
unto
your
Lordships
.
My
Lords
,
in
Judgment
of
greatest
Moment
,
there
are
but
two
wayes
for
satisfying
those
,
that
are
to
give
them
;
either
the
Lex
lata
,
the
Law
already
established
,
or
else
the
use
of
the
same
Power
for
making
new
Laws
,
whereby
the
old
at
first
received
life
.
In
the
first
consideration
of
the
setled
Laws
,
in
the
degrees
of
Punishment
,
the
Positive
Law
,
received
by
General
Consent
,
and
for
the
Common
Good
,
is
sufficient
,
to
satisfie
the
Conscience
of
the
Judge
,
in
giving
Judgment
according
to
them
.
In
several
Countries
,
there
is
not
the
same
measure
of
Punishment
,
for
one
and
the
same
Offence
;
Willful
Murder
in
Ireland
it
is
Treason
,
and
so
is
the
wilfull
Burning
of
a
House
,
or
a
Stack
of
Corne
:
In
the
Isle
of
Man
it
is
Felony
to
Steal
a
Hen
,
but
not
to
steale
a
Horse
;
and
yet
the
Judge
in
Ireland
,
hath
as
just
a
Ground
to
give
Judgement
of
High-Treason
in
those
Cases
there
,
as
here
to
give
Judgment
onely
of
Felony
;
and
in
the
Isle
of
Man
of
Felony
for
the
Hen
,
as
here
of
Pety-Larceny
.
My
Lords
,
in
the
other
Consideration
of
using
the
Supreame
Power
,
the
same
Law
gives
power
to
the
Parliament
to
make
new
Lawes
,
that
enables
the
inferiour
Court
,
to
Judge
according
to
the
old
.
The
Rules
that
guides
the
Conscience
of
the
inferiour
Court
is
from
without
,
the
Prescripts
of
the
Parliament
,
and
of
the
Common-Law
;
in
the
other
,
the
Rule
is
from
within
,
that
Salus
populi
be
concerned
,
that
there
be
no
wilful
oppression
of
any
of
the
Fellow-Members
,
that
no
more
Blood
be
taken
then
what
is
necessary
for
the
Cure
,
the
Lawes
and
Customes
of
the
Realm
as
well
enable
the
Exercise
of
this
,
as
of
the
Ordinary
and
Judicial
Power
.
My
Lords
,
What
hath
been
said
,
is
because
that
this
proceeding
of
the
Commons
by
way
of
Bill
,
implies
the
use
of
the
meer
Legislative
Power
,
in
respect
new
Lawes
are
for
the
most
part
past
by
Bill
.
This
,
my
Lords
,
though
just
and
legal
,
and
therefore
not
wholly
excluded
;
yet
it
was
not
the
onely
ground
that
put
the
Commons
upon
the
Bill
,
they
did
not
intend
to
make
a
new
Treason
,
and
to
Condemn
my
Lord
of
Strafford
for
it
;
they
had
in
it
other
considerations
likewise
,
which
were
to
this
effect
.
First
,
The
Commons
knew
,
that
in
all
former
Ages
,
if
doubts
of
Law
arose
of
great
and
general
concernments
,
the
Parliament
was
usually
consulted
withal
for
resolution
,
which
is
the
reason
that
many
Acts
of
Parliament
are
onely
Declarative
of
the
Old
Law
,
not
Introductive
of
a
New
,
as
the
Great
Charter
of
our
Liberties
;
The
Statute
of
Five
and
Twentieth
year
of
Edward
the
Third
of
Treasons
;
The
Statute
of
the
Prerogative
,
and
of
late
the
Petition
of
Right
;
if
the
Law
were
doubtful
in
this
Case
,
they
perceived
the
Parliament
(
where
the
old
way
is
altered
,
and
new
Lawes
made
)
the
fittest
Judge
to
clear
this
Doubt
.
Secondly
,
My
Lords
,
they
proceeded
this
way
,
to
obviate
those
Scruples
and
Delayes
,
which
through
disuse
of
proceedings
of
this
nature
,
might
have
risen
in
the
manner
and
way
of
proceedings
,
since
the
Statute
of
the
First
of
Hen.
4.
Cap.
17.
and
more
fully
in
the
Roll
,
number
144.
The
proceedings
of
Parliament
have
usually
been
upon
an
Indictment
first
found
,
though
in
Cases
of
Treason
particularly
mentioned
in
the
Statute
of
25
Edw.
3.
which
had
not
been
done
in
this
case
;
doubts
likewise
might
rise
,
for
Treasons
,
not
particularly
mentioned
in
the
Statute
of
25
Edw.
3.
whether
the
Declaratory
Power
of
Parliament
be
taken
away
,
in
what
manner
they
were
to
be
made
,
and
by
whom
,
they
find
not
any
Attainders
of
Treason
in
Parliament
,
for
near
this
200
years
,
but
by
this
way
of
Bill
;
and
again
,
they
know
that
whatsoever
could
be
done
any
other
way
,
it
might
be
done
by
this
.
Thirdly
,
In
respect
of
the
Proofs
and
Depositions
,
that
have
been
made
against
him
;
for
First
,
although
they
knew
not
,
but
that
the
whole
Evidence
which
hath
been
given
at
the
Barr
,
in
every
part
of
it
,
is
sufficiently
comprehended
within
the
charge
,
yet
if
therein
they
should
be
mistaken
,
if
it
should
prove
otherwise
,
use
may
justly
be
made
of
such
Evidence
in
this
way
of
Bill
,
wherein
so
as
Evidence
be
given
in
;
it
's
no
way
requisite
that
there
should
have
been
any
Articles
or
Charge
at
all
;
and
so
in
the
case
of
double
Testimony
upon
the
Statute
of
the
1
of
Edw.
6.
whether
one
direct
Witness
,
with
others
,
to
circumstances
,
had
been
single
or
double
Testimony
?
And
although
single
Testimony
might
be
sufficient
to
satisfy
private
Consciences
,
yet
how
far
it
would
have
been
satisfactory
in
a
judicial
way
,
(
where
forms
of
Law
are
more
to
be
stood
upon
)
was
not
so
clear
;
whereas
in
their
way
of
Bill
,
private
satisfaction
to
each
mans
Conscience
is
sufficient
,
although
no
Evidence
had
been
given
in
at
all
.
My
Lords
,
The
proceeding
by
way
of
Bill
,
it
was
not
to
decline
your
Lordships
Justice
in
the
judicial
way
,
in
these
exigends
of
the
State
and
Kingdom
;
it
was
to
Husband
time
,
by
silencing
those
doubts
,
they
conceived
it
the
speediest
and
surest
way
.
My
Lords
,
these
are
in
effect
,
the
things
the
Commons
took
into
their
Consideration
,
in
respect
of
the
manner
and
way
of
Proceeding
against
the
Earl
.
In
the
next
place
I
am
to
declare
unto
your
Lordships
,
the
things
they
took
into
their
Considerations
,
in
respect
of
the
Matter
and
Merits
of
the
Cause
,
and
they
are
comprehended
within
these
six
heads
.
1.
That
there
is
a
Treason
within
the
Statute
of
25
of
Edw.
III.
by
Levying
of
War
upon
the
Matter
of
the
15th
Article
.
2.
If
not
by
actual
levying
of
War
,
yet
by
advising
,
and
declaring
his
intention
of
War
,
and
that
by
Savil's
Warrant
,
and
advice
of
bringing
over
the
Irish
Army
upon
the
Matter
in
the
23
Article
;
then
intending
of
a
War
,
if
not
within
the
clause
of
levying
of
a
War
,
in
the
Statute
of
25th
Edw
,
3.
yet
within
the
first
Treason
,
of
compassing
the
death
of
the
King
.
3.
If
either
of
these
two
single
Acts
,
is
within
the
Statute
of
25th
Edw.
3.
yet
upon
putting
all
together
,
which
hath
been
proved
against
him
,
that
there
's
a
Treason
within
the
first
Clause
,
of
Compassing
the
death
of
the
King
.
Et
si
non
Prosunt
singula
juncta
juvant
.
4.
That
he
hath
Sessed
,
and
laid
Soldiers
upon
the
Subjects
of
Ireland
,
against
their
Will
,
and
at
their
Charge
,
within
the
Irish
Statute
of
the
18th
year
of
Hen.
6th
.
that
both
Person
and
thing
are
within
the
Statute
;
That
the
Statute
remains
in
force
to
this
day
,
that
the
Parliament
here
hath
cognizance
of
it
,
and
that
even
in
the
ordinary
way
of
Judicature
,
that
if
there
be
a
Treason
and
a
Traitor
,
that
the
want
of
Jurisdiction
,
in
the
judicial
way
,
may
justly
be
supplied
by
Bill
.
5.
That
his
endeavouring
to
subvert
the
Fundamental
Laws
and
Government
of
the
Realms
of
England
and
Ireland
;
and
instead
thereof
,
to
introduce
a
Tyrannical
Government
against
Law
,
is
Treason
by
the
Common-Law
;
That
Treasons
at
the
Common-Law
are
not
taken
away
by
the
Statute
of
25th
Edw.
3.
1
Hen.
4th
.
&c.
nor
any
of
them
.
6.
That
as
this
case
stands
,
it
's
just
and
necessary
to
resort
to
the
Supream
Power
in
Parliament
,
in
case
all
the
rest
should
fail
.
Of
these
six
,
five
of
them
are
Treason
,
within
the
compass
of
the
Laws
already
established
,
Three
within
the
Statute
of
25th
Edw.
3.
and
one
within
the
Irish
Statute
,
the
other
by
the
Common-Law
of
England
.
If
but
any
one
of
these
Six
Considerations
hold
,
the
Commons
conceive
,
that
upon
the
whole
matter
,
they
had
good
cause
to
pass
the
Bill
.
My
Lords
,
For
the
first
,
of
Levying
War
,
I
shall
make
bold
to
read
the
case
to
your
Lordships
before
I
speak
to
it
,
It
's
thus
.
The
Earl
did
by
Warrant
under
his
Hand
and
Seal
,
give
Authority
to
Robert
Savil
,
a
Sergeant
at
Arms
,
and
his
Deputies
,
to
Sesse
such
numbers
of
Soldiers
,
Horse
and
Foot
,
of
the
Army
in
Ireland
,
together
with
an
Officer
,
as
the
Sergeant
should
think
fit
,
upon
His
Majesties
Subjects
of
Ireland
,
against
their
Will
;
this
Warrant
was
granted
by
the
Earl
to
the
end
,
to
compell
the
Subjects
of
Ireland
to
submit
,
to
the
unlawful
Summons
and
Orders
made
by
the
Earl
upon
Paper
Petitions
,
exhibited
to
him
in
case
of
private
interest
between
party
and
party
;
this
Warrant
was
executed
by
Savil
and
his
Deputies
,
by
sessing
of
Soldiers
,
both
Horse
and
Foot
,
upon
divers
of
the
Subjects
of
Ireland
against
their
Wills
,
in
warlike
manner
,
and
at
divers
times
the
Soldiers
continued
upon
the
parties
,
upon
whom
they
were
sessed
,
and
wasted
their
Goods
,
until
such
time
as
they
had
submitted
themselves
,
unto
those
Summons
and
Orders
.
My
Lords
,
This
is
a
Levying
War
within
the
Statute
of
25th
Edw.
3.
The
words
of
the
Statute
are
,
If
any
man
do
Levy
War
against
our
Lord
the
King
in
His
Realm
,
this
is
declared
Treason
.
I
shall
endeavour
in
this
to
make
clear
to
your
Lordships
,
-
1.
What
shall
be
a
Levying
of
War
,
in
respect
of
the
motive
or
cause
of
it
.
-
2.
What
shall
be
said
a
Levying
of
War
,
in
respect
of
the
action
or
thing
done
.
-
3.
And
in
the
third
place
,
I
shall
apply
them
to
the
present
case
.
It
will
be
granted
in
this
levying
of
War
,
that
Forces
may
be
raised
,
and
likewise
used
in
Warlike
manner
,
and
yet
no
levying
of
War
within
the
Statute
,
that
is
,
when
the
Forces
are
raised
and
employed
upon
private
ends
,
either
of
revenge
or
interest
.
Before
this
Statute
in
Edw.
the
1.
time
,
the
Title
of
a
Castle
was
in
difference
between
the
Earls
of
Hereford
and
Gloucester
,
for
the
maintaining
of
the
possession
on
the
one
side
,
and
gaining
of
it
on
the
other
;
Forces
were
raised
on
either
side
of
many
hundred
men
;
they
marched
with
Banners
displayed
,
one
against
another
.
In
the
Parliament
,
in
the
20th
year
of
Edward
1.
this
was
adjudged
only
Trespass
,
and
either
of
the
Earls
Fined
1000
Marks
apiece
.
After
the
Statute
in
Hillary
Term
,
in
the
15th
year
of
Edw.
the
3.
in
the
Kings-Bench
Rot.
3.
Nicholas
Huntercome
in
Warlike
manner
with
40
men
,
armed
amongst
other
weapons
,
with
Guns
(
so
antient
,
as
appears
by
that
Record
,
they
were
)
did
much
spoil
in
the
Mannor
of
the
Abby
of
Dorchester
,
in
the
County
of
Oxford
,
this
was
accounted
no
Treason
,
and
so
it
hath
been
held
by
the
Judges
,
That
if
one
or
more
Town-ship
,
upon
pretence
of
saving
their
Commons
,
do
in
a
forcible
and
warlike
manner
throw
in
inclosures
,
this
is
only
a
Riot
,
no
Treason
.
The
words
of
the
Statute
25
Edw.
3.
clear
this
point
,
that
if
any
man
ride
Armed
openly
or
secretly
with
men
at
Arms
,
against
any
other
,
to
kill
and
rob
,
or
to
detain
him
until
he
hath
made
Fine
and
Ransome
for
his
deliverance
,
this
is
declared
not
to
be
Treason
,
but
Felony
or
Trespass
,
as
the
Case
shall
require
:
all
the
printed
Statutes
which
have
it
covertly
or
secret
,
are
misprinted
,
for
the
words
in
the
Parliament
Roll
,
as
appears
in
the
17th
.
are
,
Discovertment
on
Secretement
,
Open
or
Secretly
.
So
that
my
Lords
,
in
this
of
Levying
War
,
the
Act
is
not
so
much
to
be
My
Lords
,
If
the
end
be
considerable
in
Levying
War
,
it
may
be
said
that
it
cannot
be
a
War
,
unless
against
the
King
,
for
the
words
of
the
Statute
are
,
If
any
man
Levy
War
against
the
King
.
That
these
words
extend
further
than
to
the
person
of
the
King
,
appears
It
's
a
War
against
the
King
,
when
intended
for
alteration
of
the
Laws
or
Government
in
any
part
of
them
,
or
to
destroy
any
of
the
Great
Officers
of
the
Kingdom
.
This
is
a
Levying
War
against
the
King
.
1.
Because
the
King
doth
protect
and
maintain
the
Laws
in
every
part
of
them
,
and
the
great
Officers
,
to
whose
care
,
he
hath
in
his
own
stead
,
delegated
the
execution
of
them
.
2.
Because
they
are
the
Kings
Laws
,
he
is
the
Fountain
from
whence
in
their
several
Channels
,
they
are
derived
to
the
Subject
:
all
our
Indictments
run
thus
,
Trespasses
laid
to
be
done
,
Contra
pacem
Domini
Regis
,
the
Kings
Peace
for
exorbitant
offences
,
though
not
intended
against
the
King's
Person
,
against
the
King
,
his
Crown
and
Dignity
.
My
Lords
,
this
construction
is
made
good
,
by
divers
Authorities
of
great
weight
,
ever
since
the
Statute
of
25th
of
Edw.
3.
downwards
.
In
R.
the
2.
time
,
Sir
Tho.
Talbot
conspired
the
death
of
the
Dukes
of
Glocester
and
Lancaster
,
and
some
other
of
the
Peers
;
for
the
effecting
of
it
,
he
had
caused
several
People
in
the
County
of
Chester
,
to
be
Armed
in
Warlike
manner
in
Assemblies
in
the
Parliament
,
held
in
the
17th
year
of
R.
2.
Nᵒ
20.
Sir
Thomas
Talbot
being
accused
of
High
Treason
for
this
:
It
's
there
declared
,
insomuch
as
one
of
them
was
Lord
High
Steward
of
England
,
and
the
other
High
Constable
,
that
this
was
done
in
destruction
of
the
Estates
of
the
Realm
,
and
of
the
Laws
of
the
Kingdom
,
and
therefore
adjudged
Treason
,
and
the
Judgement
sent
down
into
the
Kings
Bench
,
as
appears
,
Easter
Term
,
in
the
17th
year
of
R.
2.
in
the
Kings
Bench
Rot.
16th
.
These
two
Lords
had
appeared
in
the
11th
of
R.
2
in
maintainance
of
the
Act
of
Parliament
made
in
the
year
before
,
one
of
them
was
of
the
Commissioners
appointed
by
Parliament
,
and
one
of
the
Appealors
of
those
who
would
have
overthrown
it
.
The
Duke
of
Lancaster
likewise
was
one
of
the
Lords
,
that
was
to
have
been
Indicted
of
Treason
,
for
endeavouring
the
maintenance
of
it
;
and
therefore
conspiring
of
their
deaths
,
is
said
to
be
in
destruction
of
their
Laws
;
This
there
is
declared
to
be
Treason
,
that
concerned
the
Person
of
the
King
and
Common-wealth
.
In
that
great
insurrection
of
the
Villains
,
and
meaner
People
,
in
Richard
the
II.
time
,
they
took
an
Oath
,
Quod
Regi
&
Communibus
fidelitatem
servarent
,
to
be
true
to
the
King
and
Commons
,
and
that
they
would
take
nothing
but
what
they
paid
for
,
punished
all
theft
with
death
;
here
's
no
intendment
against
the
Person
of
the
King
;
The
intent
was
,
to
establish
the
Laws
of
Villanage
and
Servitude
,
to
burn
all
the
Records
,
to
kill
the
Judges
:
This
in
the
Parliament
of
the
5th
year
of
R.
2.
No.
31
,
32.
the
First
Part
,
is
declared
to
be
Treason
against
the
King
,
and
against
the
Law
.
In
the
11th
year
of
R.
2.
in
Parliament
,
the
raising
of
Forces
against
the
Commissioners
,
appointed
by
Act
of
Parliament
the
year
before
,
adjudged
Treason
by
all
the
Judges
.
The
Statute
I
mo
Mary
Cap.
12.
Enacts
,
That
if
12
or
more
shall
endeavour
by
force
,
to
alter
any
of
the
Laws
or
Statutes
of
the
Kingdom
,
he
shall
from
such
a
time
there
limited
,
be
adjudged
only
as
a
Felon
.
This
Act
was
to
continue
but
to
the
next
Parliament
,
it
is
expired
,
it
shews
by
the
words
only
,
that
the
offence
was
higher
before
the
making
it
.
My
Lords
,
In
Queen
Elizabeths
time
,
Grant
and
divers
Apprentices
of
London
,
to
the
number
of
200.
rose
,
and
assembled
at
Tower-hill
,
carried
a
Cloak
upon
a
Pole
instead
of
a
Banner
,
their
intent
was
to
deliver
divers
Apprentices
out
of
Prison
,
that
had
been
committed
upon
a
Sentence
in
the
Star-Chamber
for
Riots
,
to
kill
the
Lord
Mayor
of
London
,
and
for
setting
prizes
on
Victuals
.
In
Trinity
Term
,
37
Eliz.
divers
of
the
Judges
were
consulted
withal
,
and
resolved
,
That
this
was
a
Levying
of
War
against
the
Queen
,
being
intended
against
the
Government
and
Officers
of
the
Queen
,
and
therefore
Grant
and
others
were
executed
as
Traitors
.
Afterwards
,
in
that
Queens
time
,
divers
of
the
County
of
Oxford
consulted
,
to
go
together
from
House
to
House
in
that
County
,
and
thence
to
London
and
other
parts
,
to
excite
them
to
take
up
Arms
,
for
the
throwing
in
of
all
inclosures
throughout
England
.
Nothing
was
done
,
nor
no
assembly
.
Yet
the
Statute
of
13
Eliz.
Cap.
1.
during
the
Queens
Life
,
made
it
Treason
,
to
intend
,
or
advise
to
Levy
War
against
the
Queen
.
In
Easter
Term
39
of
Eliz.
all
the
Judges
of
England
met
about
the
Case
,
it
was
resolved
by
them
,
that
this
was
a
War
intended
against
the
Queen
;
they
agreed
,
That
if
it
had
been
of
one
Township
or
more
,
upon
private
interest
,
and
claim
of
right
of
Common
,
it
had
not
been
Treason
,
but
this
was
to
throw
in
all
Inclosures
through
the
Kingdom
,
whereunto
these
parties
should
pretend
no
claim
.
That
it
was
against
the
Law
,
in
regard
that
the
Statute
of
Merton
gave
power
of
Inclosures
in
many
Cases
:
upon
this
resolution
Bradsaw
and
Burton
were
executed
at
Aynestow-hill
in
Oxfordshire
,
the
place
where
they
intended
the
first
Rendezvous
.
So
that
my
Lords
,
if
the
end
of
it
be
to
overthrow
any
of
the
Statutes
,
any
part
of
the
Law
and
setled
Government
,
or
any
of
the
great
Officers
intrusted
with
the
execution
of
them
,
This
is
a
War
against
the
King
.
My
Lords
,
It
will
be
further
considerable
,
what
shall
be
accounted
a
Levying
of
War
,
in
respect
of
the
actions
and
things
done
;
there
's
a
design
to
alter
some
part
of
the
Laws
,
and
present
Government
,
for
the
effecting
thereof
,
People
be
provided
of
Arms
,
gathered
together
into
Troops
,
but
afterwards
march
not
with
Banners
displayed
,
nor
do
bellum
percutere
,
whether
the
Army
themselves
,
and
gathering
together
upon
this
design
,
be
a
War
,
or
such
prosecution
of
the
Design
with
force
,
as
makes
it
Treason
within
the
Statute
?
First
,
If
this
be
not
a
War
,
in
respect
that
it
necessarily
occasions
hostile
preparations
on
the
other
side
.
Secondly
,
From
the
words
of
the
Statute
,
shall
Levy
War
,
and
be
thereof
probably
Attainted
of
open
Deed
,
by
People
of
their
condition
;
altho
the
bare
conspiring
be
not
an
open
Deed
,
yet
whether
the
Arming
and
Drawing
of
men
together
,
be
not
an
open
Declaration
of
War
?
In
Sir
Thomas
Talbots
Case
before
cited
,
in
the
Seventeenth
year
of
R.
II.
the
Acts
of
Force
are
expressed
in
the
Parliament
Roll
;
That
he
caused
divers
of
the
People
of
the
County
of
Chester
,
to
be
armed
in
a
Warlike
manner
in
Assemblies
,
here
is
no
Marching
,
no
Banners
displayed
.
In
the
Eighth
year
of
Hen.
VIII
.
William
Bell
and
Thomas
Lacy
in
Com.
Kanc.
conspired
with
Thomas
Cheyney
,
called
the
Hermite
of
the
Queen
of
Faries
,
to
overthrow
the
Law
and
Customs
of
the
Realm
;
and
for
the
effecting
of
it
,
they
with
Two
hundred
more
,
met
together
,
and
concluded
upon
a
course
of
raising
greater
Forces
in
the
County
of
Kent
,
and
the
adjacent
Shires
:
This
adjudged
Treason
;
these
were
open
Acts.
My
Lords
,
For
the
application
of
both
these
,
to
the
case
in
question
:
First
,
In
respect
of
the
end
of
it
;
here
was
a
War
against
the
King
,
it
was
to
subvert
the
Laws
,
this
being
the
design
;
for
the
effecting
of
it
,
he
assumed
to
his
own
Person
an
Arbitrary
Power
over
the
Lives
,
Liberties
,
and
Estates
of
His
Majesties
Subjects
,
and
determined
Causes
upon
Paper-Petitions
,
at
his
own
Will
and
Pleasure
;
Obedience
must
be
forced
by
the
Army
,
this
is
declared
by
the
Warrant
.
My
Lords
,
If
it
be
said
that
the
Warrant
expresseth
not
any
intent
of
subverting
the
Laws
;
It
expresseth
fully
one
of
the
principal
means
,
whereby
this
was
to
be
done
,
that
is
,
obedience
to
his
arbitrary
Orders
upon
Paper-Petitions
;
This
was
done
in
reference
to
the
main
design
.
In
the
cases
of
the
Town
of
Cambridge
and
Sir
William
Cogan
,
they
have
formerly
been
cited
to
your
Lordships
upon
other
occasions
,
the
things
in
themselves
were
not
Treason
,
they
were
not
a
Levying
of
War
.
In
that
of
Cambridge
,
the
Town
met
together
,
and
in
a
forcible
manner
broke
up
the
University-Treasury
,
and
took
out
of
it
the
Records
,
and
Evidences
of
the
Liberties
of
the
University
over
the
Town
.
In
the
other
,
they
of
Bridgewater
marched
to
the
Hospital
,
and
compelled
the
Master
of
the
Hospital
,
to
deliver
unto
them
certain
Evidences
that
concerned
the
Town
,
and
forced
him
to
enter
into
a
Bond
of
200
l.
These
if
done
upon
these
private
ends
alone
,
had
not
been
a
Treason
,
as
appears
by
the
very
words
of
the
Statute
of
25
Edw.
3.
before-mentioned
,
of
marching
openly
or
secretly
.
But
my
Lords
,
these
of
Cambridge
and
Bridgewater
,
they
were
of
the
conspiracy
with
the
Villains
,
as
appears
in
the
Parliament-Roll
of
the
First
year
of
Rich.
the
2.
Numb.
311.
and
32.
where
the
Towns
of
Cambridge
and
Bridgewater
,
are
expresly
excepted
out
of
the
general
Pardon
made
to
the
Villains
;
this
being
done
in
reference
to
that
design
of
the
Villains
,
of
altering
the
Laws
;
this
was
that
which
made
it
Treason
.
If
the
design
went
no
further
,
than
the
enforcing
Obedience
to
these
Paper
Orders
made
by
himself
,
it
was
sufficient
it
was
to
subvert
one
fundamental
part
of
the
Law
;
nay
,
in
effect
the
whole
Law
;
what
use
of
Law
,
if
he
might
order
and
determine
of
mens
Estates
at
his
own
pleasure
?
This
was
against
the
Law
notoriously
declared
in
Ireland
.
In
the
close
Roll
in
the
Tower
,
in
the
25th
year
of
Edward
the
1.
a
Writ
went
to
the
Justices
in
Ireland
(
that
Kingdom
at
that
time
was
governed
by
Justices
)
declaring
,
That
upon
Petitions
they
were
not
to
determine
any
Titles
between
party
and
party
,
upon
any
pretence
of
profit
whatsoever
to
the
King
.
In
the
Eight
and
twentieth
year
of
Hen.
the
6th
.
Chap.
2.
Suits
in
Equity
not
before
the
Deputy
,
but
in
Chancery
;
Suits
at
Common-Law
,
not
before
him
,
but
in
cases
of
Life
in
the
Kings-Bench
;
for
Title
of
Lands
or
Goods
in
the
proper
Courts
of
the
Kings-Bench
,
or
Common-Pleas
.
This
declared
in
the
Instructions
for
Ireland
,
in
the
latter
end
of
King
Iames
His
time
,
and
by
the
Proclamation
in
His
Majesties
time
;
my
Lord
took
notice
of
them
called
the
Commissioners
,
narrow-hearted
Commissioners
.
The
Law
said
,
He
should
not
thus
proceed
in
the
subversion
of
it
,
he
saith
he
will
,
and
will
enforce
Obedience
by
the
Army
,
this
is
as
much
,
in
respect
of
the
end
,
as
to
endeavour
the
overthrow
of
the
Statutes
of
Labourers
,
of
Victuals
,
or
of
Merton
for
Inclosures
;
here
is
a
Warrant
against
the
King
,
in
respect
of
the
end
.
2.
In
respect
of
the
Actions
,
whether
there
be
either
a
Levying
of
War
,
or
an
open
Deed
,
or
both
.
My
Lords
,
There
was
an
Army
in
Ireland
at
that
time
,
of
Two
thousand
Horse
and
Foot
;
by
this
Warrant
there
is
a
full
designation
of
this
whole
Army
,
and
an
Assignment
of
it
over
to
Savill
for
this
purpose
.
The
Warrant
gives
him
power
from
time
to
time
,
to
take
as
many
Soldiers
,
Horse
and
Foot
,
with
an
Officer
throughout
the
whole
Army
,
as
himself
shall
please
;
here
is
the
terror
and
awe
of
the
whole
Army
to
enforce
Obedience
.
My
Lords
,
If
the
Earl
had
Armed
two
thousand
men
Horse
and
Foot
,
and
formed
them
into
Companies
to
this
end
,
your
Lordships
would
have
conceived
,
that
this
had
been
a
War
.
It
's
as
much
as
in
the
Case
of
Sir
Thomas
Talbot
,
who
armed
them
in
Assemblies
.
This
is
the
same
with
a
breach
of
Trust
added
to
it
.
That
Army
which
was
first
raised
,
and
afterwards
committed
to
his
Trust
,
for
the
defence
of
the
People
,
is
now
destined
by
him
to
their
destruction
.
This
assignation
of
the
Army
by
his
Warrant
,
under
his
Hand
and
Seal
,
is
an
open
Act.
My
Lords
,
Here
's
not
only
an
open
Act
done
,
but
a
Levying
of
War
,
Soldiers
,
both
Horse
and
Foot
,
with
an
Officer
in
Warlike
manner
assessed
upon
the
Subject
,
which
killed
their
Cattel
,
consumed
and
wasted
their
Goods
.
Your
Lordships
observe
a
great
difference
,
where
six
men
go
upon
a
design
alone
,
and
when
sent
from
an
Army
of
six
hundred
,
all
engaged
in
the
same
service
,
so
many
were
sent
as
were
sufficient
to
execute
the
Command
,
if
upon
a
poor
man
fewer
,
more
upon
a
rich
;
if
the
six
had
not
been
able
,
the
whole
Army
must
make
it
good
.
The
reason
that
the
Sheriff
directed
alone
,
or
but
with
one
Bayliff
to
do
execution
,
is
,
because
he
hath
the
Command
of
the
Law
,
the
Kings
Writ
,
and
the
Posse
Comitatus
in
case
of
resistance
.
Here
's
the
Warrant
of
a
General
of
an
Army
;
Here
's
the
Posse
Exercitus
,
the
Power
of
the
Army
,
under
the
awe
of
the
whole
Army
,
six
may
force
more
,
than
sixty
without
it
;
and
although
never
above
six
in
one
place
,
yet
in
several
parts
of
the
Kingdom
at
the
same
time
,
might
be
above
sixty
;
for
sessing
of
Soldiers
was
frequent
,
it
was
the
ordinary
course
for
execution
of
his
Orders
.
The
Lord-Lieutenant
of
a
County
in
England
,
hath
a
design
to
alter
the
Laws
and
Government
;
nay
,
admit
the
design
goes
not
so
high
,
he
only
declares
thus
much
,
he
will
order
the
Freeholders
and
Estates
of
the
Inhabitants
of
the
County
,
at
his
own
will
and
pleasure
,
and
doth
accordingly
proceed
upon
Paper-Petitions
,
foreseeing
there
will
be
disobedience
,
he
grants
out
Warrants
under
his
Hand
and
Seal
,
to
the
Deputy-Lieutenants
and
Captains
of
the
Trained-bands
,
that
upon
refusal
,
they
will
take
such
number
of
the
Trained-Bands
through
the
County
,
with
Officers
,
as
they
shall
think
good
,
and
lay
them
upon
the
Lands
and
Houses
of
the
refusers
,
Soldiers
in
a
Warlike
manner
are
frequently
sessed
upon
them
accordingly
;
your
Lordships
do
conceive
,
that
this
is
a
Levying
of
War
within
the
Statute
.
The
Case
in
question
goes
further
in
these
two
Respects
.
That
it
is
more
against
the
declared
Law
in
Ireland
,
not
only
against
the
Common-Law
,
but
likewise
against
the
Statute
of
28
Hen.
6th
.
against
the
Acts
of
the
Commissioners
;
against
Proclamations
in
persuance
of
the
Law
;
against
that
himself
took
notice
of
narrow-hearted
Commissioners
.
In
this
,
that
here
was
an
Army
,
the
Soldiers
by
profession
,
acts
of
Hostility
from
them
of
greater
terror
,
than
from
Freeholders
of
the
same
County
.
My
Lords
,
I
have
now
done
with
the
First
of
Levying
of
War
.
The
Second
is
the
Machination
,
the
advising
of
a
War
.
The
Case
in
this
,
rests
upon
a
Warrant
to
Savile
,
and
the
advice
in
the
23
Article
.
The
Warrant
shews
a
resolution
of
imploying
the
old
Army
of
Ireland
,
to
the
oppression
of
His
Majesties
Subjects
,
and
the
Laws
.
In
the
23
Article
,
having
told
His
Majesty
,
that
he
was
loosed
and
absolved
from
Rules
of
Government
,
and
might
doe
every
thing
which
Power
might
admit
;
he
proceeded
further
in
speech
to
His
Majesty
in
these
words
;
You
have
an
Army
in
Ireland
,
you
may
employ
to
reduce
this
Kingdom
.
My
Lords
,
Both
being
put
together
,
there
's
a
Machination
,
a
practice
,
an
advice
to
Levy
War
,
and
by
force
to
oppress
and
destroy
His
Majesties
Subjects
.
It
hath
been
said
,
the
Statute
of
the
25
Edw.
3.
is
a
penal
Law
,
and
cannot
be
taken
by
equity
and
construction
,
there
must
be
an
actual
War
;
the
Statute
makes
it
Treason
to
counterfeit
the
Kings
Coin
,
the
conspiring
,
the
raising
of
Furnaces
is
no
Treason
,
unless
he
doth
Nummum
percutere
,
actually
Coin
.
My
Lords
,
This
is
only
said
,
not
proved
;
the
Law
is
otherwise
,
the
19th
Hen
6.
fol.
49.
there
adjudged
,
That
the
conspiring
and
aiding
to
counterfeit
Coin
was
Treason
,
and
Justice
Stamford
(
fol.
331.
&
44.
)
is
of
opinion
,
that
this
,
or
the
conspiring
to
counterfeit
the
Great
Seal
,
is
Treason
.
The
Statute
is
,
If
any
shall
counterfeit
the
Great
Seal
,
conspiring
to
do
it
by
the
Book
,
is
Treason
;
if
a
man
take
the
Broad
Seal
from
one
Patent
,
and
put
it
to
another
,
here
is
no
counterfeiting
,
it
's
tantamount
,
and
therefore
Treason
,
as
is
adjudged
in
2
Hen.
4.
fol.
25.
and
by
the
opinion
of
Stamford
,
If
Machination
or
Plotting
a
War
be
not
within
that
clause
of
the
Statute
of
Levying
of
War
,
yet
it
is
within
the
first
,
of
compassing
the
death
of
the
King
,
as
that
which
necessarily
tends
to
the
destruction
both
of
King
and
People
,
upon
whose
safety
and
protection
he
is
to
engage
himself
.
That
this
is
Treason
,
hath
been
adjudged
,
both
after
the
Statutes
of
1
Hen.
4.
cap.
10.
and
1
Queen
Mary
;
so
much
insisted
upon
on
the
other
side
.
In
the
Third
year
of
King
Hen.
4th
.
one
Balshal
coming
from
London
,
found
one
Bernard
at
Plough
,
in
the
Parish
of
Ofley
,
in
the
County
of
Hertford
,
Bernard
asked
Balshal
what
news
?
he
told
him
,
that
the
news
was
,
That
King
Richard
the
Second
was
alive
in
Scotland
(
which
was
false
,
for
he
was
dead
,
)
and
that
by
Midsummer
next
,
he
would
come
into
England
;
Bernard
asked
him
,
What
were
best
to
be
done
?
Balshal
answered
,
Get
Men
,
and
go
to
King
Richard
.
In
Michaelmas
Term
,
in
the
Third
year
of
Hen.
4th
.
in
the
Kings
Bench
Rot.
4.
This
advice
of
War
adjudged
Treason
.
In
Queen
Mary's
time
,
Sir
Nicholas
Throckmorton
conspired
with
Sir
Thomas
Wyat
,
to
Levy
War
within
this
Realm
for
alteration
in
Religion
,
he
joyned
not
with
him
in
the
execution
.
This
conspiracy
alone
declared
to
be
Treason
by
all
the
Judges
;
this
was
after
the
Statute
of
Queen
Mary
,
so
much
insisted
upon
.
That
Parliament
ended
in
October
,
this
opinion
was
delivered
the
Easter
Term
following
,
and
is
reported
by
Justice
Dyer
,
fol.
98.
It
's
true
,
Sir
Thomas
Wyat
afterwards
did
Levy
War
;
Sir
Nicholas
Throckmorton
he
only
conspired
.
This
adjudged
Treason
.
One
Story
in
Queen
Elizabeths
time
practised
with
Foreigners
,
to
levy
War
within
this
Kingdom
,
nothing
done
in
persuance
of
the
practice
.
The
intent
without
any
adhering
to
enemies
of
the
Queen
,
or
other
cause
,
adjudged
Treason
,
and
he
executed
thereupon
.
It
's
true
my
Lords
,
that
year
13
Eliz.
by
Act
of
Parliament
it
's
made
Treason
,
to
intend
the
levying
of
War
;
this
Case
was
adjudged
before
the
Parliament
:
The
Case
was
adjudged
in
Hillary
Term
;
the
Parliament
begun
not
till
the
April
following
.
This
my
Lords
,
is
a
Case
judged
in
point
,
that
the
practising
to
levy
War
,
though
nothing
be
done
in
execution
of
it
,
is
Treason
.
Object
.
It
may
be
Objected
,
That
in
these
Cases
,
the
Conspiring
being
Answ.
The
Answer
is
first
,
That
the
Warrant
was
unknown
to
His
Majesty
,
Secondly
,
That
the
Advice
was
to
His
Majesty
,
aggravates
the
Offence
,
it
was
an
Attempt
which
was
the
Offence
;
it
was
an
Attempt
not
only
upon
the
Kingdom
,
but
upon
the
Sacred
Person
and
His
Office
too
;
himself
was
hostis
patriae
,
he
would
have
made
the
Father
of
it
so
to
:
Nothing
more
unnatural
nor
more
dangerous
,
than
to
offer
the
King
Poyson
to
drink
;
telling
Him
that
it
is
a
Cordial
is
a
passing
of
His
death
:
the
Poyson
was
repelled
,
there
was
an
Antidote
within
;
the
Malice
of
the
giver
beyond
expression
.
The
perswading
of
Foreigners
to
invade
the
Kingdom
,
hold
no
proportion
with
this
Machination
of
War
;
against
the
Law
or
Kingdom
,
is
against
the
King
,
they
cannot
be
severed
.
My
Lords
,
If
no
actual
War
within
the
Statute
,
if
the
Counselling
of
War
,
if
neither
of
these
single
Acts
be
Treason
within
the
Statute
,
The
Commons
,
in
the
next
place
,
have
taken
it
into
consideration
,
what
the
addition
of
his
other
Words
,
Counsels
,
and
Actions
do
operate
in
the
Case
,
and
have
conceived
,
that
with
this
Addition
,
all
being
put
together
,
that
he
is
brought
within
the
Statute
of
25
E.
3.
The
words
of
the
Statute
are
,
If
any
Man
shall
Compass
,
or
Imagine
the
death
of
the
King
;
the
words
are
not
,
If
any
Man
shall
plot
,
or
Counsel
the
Death
of
the
King
;
No
,
my
Lords
,
they
go
further
than
to
such
things
as
are
intended
immediately
,
directly
,
and
determinatively
against
the
Life
and
Person
of
the
King
,
they
are
of
a
larger
extent
;
to
compass
,
is
to
do
by
Circuit
,
to
Consult
or
Practice
another
thing
directly
,
which
being
done
,
may
necessarily
produce
this
effect
.
However
it
be
in
the
other
Treasons
within
this
Statute
,
yet
in
this
,
by
the
very
words
,
there
is
room
left
for
constructions
,
for
necessary
inferences
and
consequences
.
What
hath
been
the
Judgment
and
Practice
of
former
times
,
concerning
these
words
,
of
compassing
the
Kings
Death
,
will
appear
to
your
Lordships
,
by
some
Cases
of
Attainders
upon
these
words
.
One
Owen
,
in
K.
Iames
His
time
,
in
the
13th
year
of
His
Reign
,
at
Sandwich
s
Case
of
Sandwich
in
Kent
.
in
Kent
,
spake
these
words
,
That
K.
Iames
being
Excommunicated
by
the
Pope
,
may
be
killed
by
any
Man
,
which
killing
is
no
Murther
:
Being
asked
by
those
he
spake
to
,
how
he
durst
maintain
so
Bloody
an
Assertion
?
Answered
,
That
the
matter
was
not
so
heinous
as
was
supposed
;
for
,
the
King
,
who
is
the
Lesser
,
is
concluded
by
the
Pope
,
who
is
the
Greater
;
and
,
as
a
Malefactor
,
being
Condemned
before
a
Temporal
Judge
,
may
be
delivered
over
to
be
Executed
;
So
the
King
,
standing
Convicted
by
the
Popes
Sentence
of
Excommunication
,
may
justly
be
slaughtered
without
fault
;
for
,
the
Killing
of
the
King
,
is
the
Execution
of
the
Popes
Supreame
Sentence
,
as
the
other
is
the
Execution
of
the
Law
.
For
this
,
Judgment
of
High
Treason
was
given
against
him
,
and
Execution
done
.
My
Lords
,
there
is
no
clear
intent
appearing
,
that
Owen
desired
the
thing
should
be
done
,
onely
Arguments
that
it
might
be
done
,
this
is
a
Compassing
,
there
is
a
clear
Endeavour
to
corrupt
the
Judgment
,
to
take
off
the
Bonds
of
Conscience
,
the
greatest
security
of
the
Kings
Life
,
God
forbid
,
saith
one
of
better
Judgement
then
he
,
that
I
should
stretch
out
my
hand
against
the
Lords
Annointed
:
No
,
saith
he
,
the
Lord
doth
not
forbid
it
,
you
may
,
for
these
Reasons
,
lawfully
kill
the
King
.
He
that
denies
the
Title
to
the
Crown
,
and
plots
the
means
of
setting
it
upon
anothers
head
,
may
do
this
without
any
direct
,
or
immediate
desiring
the
death
of
Him
that
wears
it
;
yet
this
is
Treason
,
as
was
adjudged
in
the
10th
of
Hen.
7.
in
these
of
Burton
,
and
in
the
Duke
of
Norfolkes
Case
,
13
Eliz.
This
is
a
compassing
of
His
Death
;
for
there
can
no
more
be
two
Kings
in
one
Kingdom
,
then
two
Suns
in
the
Firmament
:
he
that
conceives
a
Title
,
counts
it
worth
venturing
for
,
though
it
cost
him
his
life
:
he
that
is
in
possession
thinks
it
as
well
worth
the
keeping
.
Iohn
Sparhauk
in
King
Henry
the
Fourth's
time
,
meeting
too
men
upon
the
way
,
amongst
other
talk
,
said
,
That
the
King
was
not
rightful
King
,
but
the
Earl
of
March
;
and
that
the
Pope
would
grant
Indulgencies
to
all
,
that
could
assist
the
Earles
Title
,
and
that
within
half
a
year
there
would
be
no
Liveries
nor
Cognizances
of
the
King
;
that
the
King
had
not
kept
promise
with
the
People
,
but
had
laid
Taxes
upon
them
.
In
Easter-Terme
,
in
the
third
year
of
Henry
the
Fourth
,
in
the
Kings
Bench
,
Rot.
12.
this
adjudged
Treason
,
this
denying
the
Title
with
Motives
,
though
not
implyedly
of
Action
against
it
,
adjudged
Treason
;
this
is
a
compassing
the
Kings
death
.
How
this
was
a
compassing
of
the
Kings
Death
,
is
declared
in
the
Reasons
of
the
Judgment
;
that
the
words
were
spoken
with
an
intent
,
to
withdraw
the
affections
of
the
People
from
the
King
,
and
to
excite
them
against
him
,
that
in
the
end
they
might
rise
up
against
him
in
mortem
&
destructionem
of
the
King
.
My
Lords
,
in
this
Judgment
,
and
others
,
which
I
shall
cite
to
your
Lordships
,
it
appears
,
that
it
is
a
compassing
the
Kings
death
by
Words
,
to
endeavour
to
draw
the
Peoples
hearts
from
the
King
,
to
set
discord
between
the
King
and
them
,
whereby
the
People
should
leave
the
King
,
should
rise
up
against
Him
,
to
the
death
and
destruction
of
the
King
.
The
Cases
that
I
shall
cite
,
prove
not
onely
that
it
is
Treason
,
but
what
is
sufficient
Evidence
to
make
this
good
.
Upon
a
Commission
held
the
18th
year
of
Ed.
4.
in
Kent
,
before
the
Marquess
of
Dorset
,
and
others
,
an
Indictment
was
preferred
against
Iohn
Awater
,
of
High
Treason
,
in
the
Forme
before-mentioned
,
for
Words
,
which
are
entred
in
the
Indictment
Sub
hac
forma
:
That
he
had
been
servant
to
the
Earl
of
Warwick
;
that
though
he
were
dead
,
the
Earl
of
Oxford
was
alive
,
and
should
have
the
Government
of
part
of
that
Country
;
That
Edward
,
whom
you
call
King
of
England
,
was
a
false
Man
,
and
had
,
by
Art
and
Subtilty
,
slain
the
Earl
of
Warwick
,
and
the
Duke
of
Clare
his
Brother
,
without
any
cause
,
who
before
had
been
both
of
them
attainted
of
High
Treason
.
My
Lords
,
This
Indictment
was
Returned
into
the
Kings
Bench
in
Trinity-Terme
,
in
the
Eighteenth
year
of
Edward
the
Fourth
;
and
,
in
Easter-Terme
,
the
Two
and
twentieth
of
Edward
the
Fourth
,
he
was
outlawed
,
by
the
stay
of
the
outlawry
,
so
long
as
it
seemes
the
Judges
had
well
advised
before
,
whether
it
were
Treason
or
not
.
At
the
same
Session
Thomas
Heber
was
Indicted
of
Treason
for
these
words
,
That
the
last
Parliament
was
the
most
simple
and
insufficient
Parliament
that
ever
had
been
in
England
;
That
the
King
was
gone
to
live
in
Kent
,
because
that
for
the
present
he
had
not
the
Love
of
the
Citizens
of
London
,
nor
should
he
have
it
for
the
future
:
That
if
the
Bishop
of
Bath
and
Wells
were
dead
,
the
Archbishop
of
Canterbury
being
Cardinal
of
England
,
would
immediately
lose
his
head
.
This
Indictment
was
returned
into
the
Kings
Bench
in
Trinity-Terme
,
in
the
18th
year
of
Edward
the
4th
:
afterwards
there
came
a
Privy-Seal
to
the
Judge
to
respit
the
Proceedings
,
which
(
as
it
should
seem
)
was
to
the
intent
the
Judges
might
advise
of
the
Case
,
for
afterwards
he
is
outlawed
of
High-Treason
upon
this
Indictment
.
These
words
are
thought
sufficient
evidence
,
to
prove
these
several
Indictments
,
that
they
were
spoken
to
withdraw
the
Peoples
Affections
from
the
King
,
to
excite
them
against
Him
,
to
cause
Risings
against
Him
by
the
People
,
in
mortem
&
destructionem
of
the
King
.
Your
Lordships
are
pleased
to
consider
,
That
in
all
these
Cases
,
the
Treason
was
for
words
onely
,
words
by
private
persons
,
and
in
a
more
private
manner
,
but
once
spoken
,
and
no
more
,
onely
amongst
the
People
,
to
excite
them
against
the
King
.
My
Lords
,
here
are
Words
,
Counsels
,
more
then
Words
and
Actions
too
,
not
onely
to
disaffect
the
people
to
the
King
,
but
the
King
likewise
towards
the
People
;
not
once
,
but
often
;
not
in
Private
,
but
in
places
most
Publick
;
not
by
a
Private
Person
,
but
by
a
Counsellor
ofState
,
a
Lord
Lieutenant
,
a
Lord-President
,
a
Lord-Deputy
of
Ireland
.
1.
To
His
Majesty
,
that
the
Parliament
had
denyed
to
supply
Him
:
a
Slander
upon
all
the
Commons
of
England
,
in
their
Affections
to
the
King
and
Kingdom
,
in
refusing
to
yield
timely
supply
for
the
Necessities
of
the
King
and
Kingdom
.
2.
From
thence
,
that
the
King
was
loose
,
and
absolved
from
Rules
of
Government
,
and
was
to
do
every
thing
,
that
Power
would
admit
.
My
Lords
,
more
cannot
be
said
,
they
cannot
be
aggravated
;
whatever
I
should
say
would
be
in
Diminution
.
3.
Thence
you
have
an
Army
in
Ireland
,
you
may
employ
to
reduce
this
Kingdom
.
To
Counsel
a
King
,
not
to
Love
His
People
,
is
very
Unnatural
,
it
goes
higher
to
hate
them
,
to
Malice
them
in
his
heart
,
the
highest
expressions
of
Malice
,
to
destroy
them
by
War
.
These
Coales
they
were
cast
upon
His
Majesty
,
they
were
blown
,
they
could
not
kindle
in
that
Breast
.
Thence
,
my
Lords
,
having
done
the
utmost
to
the
King
,
he
goes
to
the
people
.
At
York
,
the
Country
being
met
together
for
Justice
,
at
the
Open
Assises
upon
the
Bench
,
he
tells
them
,
speaking
of
the
Justices
of
the
Peace
,
that
they
were
all
for
Law
,
nothing
but
Law
,
but
they
should
find
,
that
the
Kings
Little
Finger
,
should
be
heavier
then
the
Loynes
of
the
Law
,
as
they
shall
find
.
My
Lords
,
Who
speaks
this
to
the
people
,
a
Privy-Counsellor
?
this
must
be
either
to
traduce
His
Majesty
to
the
people
,
as
spoken
from
Him
,
or
from
himself
,
who
was
Lord-Lieutenant
of
the
County
,
and
President
,
intrusted
with
the
Forces
and
Justice
of
those
parts
,
that
he
would
Employ
both
this
way
.
Add
,
my
Lords
,
to
His
Words
there
,
the
Exercising
of
an
Arbitrary
and
Vast
Jurisdiction
,
before
he
had
so
much
as
Instructions
,
or
Colour
of
Warrant
.
Thence
we
carry
him
into
Ireland
;
there
he
Represented
,
by
his
place
,
the
Sacred
Person
of
His
Majesty
.
First
.
There
at
Dublin
,
the
Principal
City
of
that
Kingdom
,
whither
the
Subjects
of
that
Country
came
for
Justice
in
an
Assembly
of
Peers
,
and
others
of
greatest
Rank
,
upon
occasion
of
a
Speech
of
the
Recorder
of
that
City
,
touching
their
Franchises
and
Regal
Rights
;
he
tells
them
,
That
Ireland
was
a
Conquered
Nation
,
and
that
the
King
might
do
with
them
what
he
pleased
.
Secondly
,
Not
long
after
,
in
the
Parliament
10
Car.
in
the
Chair
of
State
,
in
full
Parliament
again
,
That
they
were
a
Conquer'd
Nation
;
and
that
they
were
to
expect
Laws
as
from
a
Conqueror
,
before
the
King
might
do
with
them
what
He
would
,
now
they
were
to
expect
it
that
he
would
put
this
Power
of
a
Conqueror
in
Execution
:
—
The
Circumstances
are
very
Considerable
;
in
full
Parliament
;
from
himself
in
Cathedra
,
to
the
Representative
Body
of
the
whole
Kingdom
.
The
Occasion
adds
much
,
when
they
desir'd
the
Benefit
of
the
Laws
,
and
that
their
Causes
and
Suites
might
be
determined
according
to
Law
,
and
not
by
himself
,
at
his
Will
and
Pleasure
,
upon
Paper
Petitions
.
Thirdly
,
Upon
like
occasion
,
of
Pressing
the
Laws
and
Statutes
,
that
he
would
make
an
Act
of
Council-Board
in
that
Kingdom
,
as
Binding
as
an
Act
of
Parliament
.
Fourthly
,
He
made
his
Words
good
by
his
Actions
,
Assumed
and
Exercised
a
Boundless
and
Lawless
Jurisdiction
,
over
the
Lives
,
Persons
and
Estates
of
His
Majesties
Subjects
,
procured
Judgment
of
Death
against
a
Peer
of
that
Realm
;
Commanded
another
to
be
Hanged
,
this
was
accordingly
Executed
,
both
in
times
of
High
Peace
,
without
any
Process
or
Colour
of
Law
.
Fifthly
,
By
Force
,
of
a
long
time
,
he
Seized
the
Yarn
and
Flax
of
the
Subjects
,
to
the
Starving
and
undoing
of
many
thousands
;
besides
the
Tobacco
business
,
and
many
Monopolies
and
Unlawful
Taxes
;
forced
a
New
Oath
,
not
to
dispute
His
Majesties
Royal
Commands
;
determined
Mens
Estates
at
his
own
Will
and
Pleasure
,
upon
Paper-Petitions
to
himself
;
forced
Obedience
to
these
,
not
only
by
Fines
and
Imprisonment
,
but
likewise
by
the
Army
;
sessed
Soldiers
upon
the
Refusers
in
an
Hostile
manner
.
Sixthly
,
Was
an
Incendiary
of
the
War
between
the
two
Kingdomes
of
England
and
Scotland
.
My
Lords
,
We
shall
leave
it
to
your
Lordships
Judgments
,
whether
these
Words
,
Counsels
,
and
Actions
,
would
not
have
been
a
sufficient
Evidence
,
to
have
Proved
an
Indictment
drawn
up
against
him
,
as
those
before
mentioned
,
and
many
others
are
?
That
they
were
spoken
and
done
to
the
Intent
,
to
draw
the
Kings
heart
from
the
People
,
and
the
Affections
of
the
People
from
the
King
;
that
they
might
leave
the
King
,
and
afterwards
rise
up
against
him
,
to
the
destruction
of
the
King
;
If
so
,
here
is
a
Compassing
of
the
Kings
Death
,
within
the
Words
of
the
Statute
of
25th
year
of
Edward
the
Third
,
and
that
Warranted
by
many
former
Judgments
.
My
Lords
,
I
have
now
done
with
the
Three
Treasons
within
the
Statute
of
the
Twenty
fifth
of
Edw.
3d.
I
proceed
unto
the
Fourth
,
upon
the
Statute
of
the
Eighteenth
year
of
Henry
the
Sixth
,
Chapter
the
third
,
in
Ireland
,
and
I
shall
make
bold
to
read
the
words
to
your
Lordships
.
That
no
Lord
,
nor
any
other
,
of
what
condition
soever
he
be
,
shall
bring
,
or
lead
Hoblers
,
Kernes
,
or
Hooded
Men
,
nor
any
other
People
,
nor
Ho
rses
,
to
lie
on
Horseback
,
or
on
Foot
,
upon
the
Kings
Subjects
,
without
their
good
wills
and
consent
,
but
upon
their
own
costs
,
and
without
hurt
doing
to
the
Commons
;
and
if
any
so
do
,
he
shall
be
adjudged
as
a
Traytor
.
1.
The
Argument
that
hath
been
made
concerning
the
person
,
that
it
extends
not
to
the
King
,
and
therefore
not
to
him
,
weighs
nothing
with
your
Lordships
,
Rex
non
habet
in
Regno
parem
;
from
the
greatness
of
his
Office
,
to
argue
himself
into
the
same
impossibility
with
His
Sacred
Majesty
,
of
being
incapable
of
High-Treason
,
it
's
an
Offence
;
no
Treason
;
The
words
in
the
Statute
,
No
Lord
,
nor
any
other
,
of
what
condition
soever
he
be
,
include
every
Subject
.
In
Trinity
Terme
,
in
the
Three
and
thirtieth
year
of
Henry
the
Eighth
,
in
the
Kings-Bench
,
Leonard
Lord
Gray
,
having
immediately
before
been
Lord
Deputy
of
Ireland
,
is
Attainted
of
High-Treason
,
and
Judgment
given
against
him
,
for
letting
diverse
Rebels
out
of
the
Castle
of
Dublin
,
and
discharging
Irish
Hostages
and
Pledges
,
that
had
been
given
for
securing
the
Peace
;
for
not
punishing
one
that
said
,
That
the
King
was
an
Heretique
:
I
have
read
the
whole
Record
,
there
's
not
one
thing
laid
to
his
Charge
,
but
was
done
by
him
as
Lord
Lieutenant
;
He
had
the
same
Plea
with
my
Lord
of
Strafford
;
That
these
things
were
no
adhering
to
the
Kings
Enemies
,
but
were
done
for
Reasons
of
State
,
that
he
was
not
within
those
words
of
the
Statute
of
the
25
of
Edw.
3.
himself
being
Lord
Lieutenant
there
.
Object
.
It
hath
been
said
,
That
the
Soldiers
sessed
upon
the
Subjects
by
him
,
were
not
such
persons
as
are
intended
by
that
Statute
,
Hoblers
,
Kernes
,
and
Hooded
Men
,
those
Rascally
people
.
Answ.
My
Lords
,
they
were
the
names
given
to
the
Soldiery
of
those
times
,
Hoblers
,
Horsemen
;
the
other
the
Foot
.
But
the
words
of
the
Statute
go
further
,
Nor
any
other
People
,
neither
Horse
nor
Foot
.
His
Lordship
sessed
upon
them
both
Horse
and
Foot
.
Object
.
The
Statute
extends
onely
to
those
,
that
lead
or
bring
;
Savil
led
them
;
my
Lord
onely
gave
the
Warrant
.
Answ.
To
this
I
shall
onely
say
thus
,
Plus
peccat
author
,
quam
Actor
,
by
the
rule
of
the
Law
Agentes
&
consentientes
pari
plectuntur
poena
;
if
consent
,
much
more
a
Command
to
do
it
,
makes
the
Commander
a
Traytor
;
If
there
be
any
Treason
within
this
Statute
,
my
Lord
of
Strafford
is
Guilty
.
It
hath
been
therefore
said
,
That
this
Statute
,
like
Goliah's
Sword
,
hath
been
wrapt
up
in
a
Cloath
,
and
laid
behind
the
door
,
that
it
hath
never
been
put
in
execution
.
My
Lords
,
if
the
Clarke
of
the
Crown
in
Ireland
,
had
certified
your
Lordships
upon
search
of
the
Judgments
of
Attainders
in
Ireland
,
he
could
not
find
that
any
man
had
been
attainted
upon
this
Statute
,
your
Lordships
had
had
some
ground
to
believe
it
;
Yet
it
s
onely
my
Lord
of
Straffords
Affirmation
;
besides
,
your
Lordships
know
,
that
an
Act
of
Parliament
binds
until
it
be
repealed
.
It
hath
been
therefore
said
;
That
this
Statute
is
repealed
by
the
Statute
of
the
8
Ed.
4.
Cap.
1.
and
of
the
10th
of
Hen.
7.
Cap.
22.
because
by
these
two
Statutes
,
the
English
Statutes
are
brought
into
Ireland
.
The
Argument
(
if
I
mistook
it
not
)
stood
thus
;
That
the
Statute
of
the
First
of
Henry
the
4th
,
the
10th
Chap.
saith
,
That
in
no
time
to
come
,
Treason
shall
be
adjudged
otherwise
,
then
it
was
ordained
by
the
Statute
of
the
25
E.
3.
that
the
reason
mentioned
in
the
Eighteenth
year
of
Henry
the
Sixth
,
in
the
Irish
Statute
,
is
not
contained
in
the
25
Edw.
3.
and
therefore
contrary
to
the
Statute
of
the
1
Hen.
4.
it
must
needs
be
void
.
If
this
were
Law
,
then
all
the
Statutes
that
made
any
new
Treason
after
the
First
of
Henry
4th
,
were
void
in
the
very
Fabrick
,
and
at
the
time
when
they
were
made
;
hence
likewise
it
would
follow
,
that
the
Parliament
now
,
upon
what
occasion
soever
,
hath
no
Power
to
make
any
thing
Treason
,
not
declared
to
be
so
in
the
Statute
25
Edw.
3.
This
your
Lordships
easily
see
,
would
make
much
for
the
Lord
of
Straffords
advantage
,
but
why
the
Law
should
be
so
,
your
Lordships
have
onely
as
yet
heard
an
Affirmation
of
it
;
no
reason
.
But
,
some
touch
was
given
,
that
the
Statute
of
the
tenth
year
of
Henry
the
Seventh
,
in
words
,
makes
all
the
Irish
Statutes
void
,
which
are
contrary
to
the
English
.
The
Answer
to
this
is
a
denial
that
there
are
any
such
words
in
the
Statute
.
The
Statute
declares
,
that
the
English
Statutes
shall
be
effectual
,
and
confirmed
in
Ireland
,
and
that
all
the
Statutes
made
before
time
to
the
contrary
,
shall
be
revoked
.
This
repeals
only
the
Irish
Statutes
of
the
tenth
year
of
Henry
the
Fourth
,
and
the
Nine
and
twentieth
year
of
Henry
the
Sixth
,
which
say
,
that
the
English
Statutes
shall
not
be
in
force
in
Ireland
,
unless
particularly
received
in
Parliament
,
it
makes
all
the
Irish
Statutes
void
,
which
say
,
that
the
English
Statutes
shall
not
be
in
force
there
.
It
is
usual
when
a
Statute
sayes
,
that
such
a
thing
shall
be
done
,
or
not
done
,
to
add
further
,
that
all
Statutes
to
the
contrary
shall
be
void
.
No
likelihood
that
this
Statute
intended
to
take
away
any
Statute
of
Treason
,
but
when
in
the
Chapter
next
before
this
,
Murder
there
is
made
Treason
,
as
if
done
upon
the
Kings
Person
.
That
this
Statute
of
the
Eighteenth
year
of
Henry
the
Sixth
remains
on
foot
,
and
not
repealed
either
by
the
Statute
of
the
Eighth
year
of
Edward
the
Fourth
,
or
this
of
the
Tenth
year
of
Henry
the
Seventh
,
appears
expresly
by
two
several
Acts
of
Parliament
,
made
at
the
same
Parliament
of
the
tenth
year
of
Henry
the
Seventh
.
By
an
Act
of
Parliament
of
Henry
the
Sixth's
time
in
Ireland
,
it
was
made
Treason
for
any
Man
whatsoever
,
to
procure
a
Privy-Seal
,
or
any
other
Command
whatsoever
,
for
apprehending
any
Person
in
Ireland
for
Treason
done
without
that
Kingdom
,
and
to
put
any
such
command
in
Execution
,
divers
had
been
attainted
of
Treason
for
executing
such
Commands
:
There
is
a
Treason
,
so
made
,
by
Act
of
Parliament
,
in
Henry
the
Sixth's
time
.
In
the
third
Chapter
of
this
Parliament
of
the
tenth
of
Henry
the
Seventh
,
an
Act
is
passed
for
no
other
end
,
then
to
repeal
this
Statute
of
Henry
the
Sixth
of
Treason
.
If
this
Statute
of
Henry
the
Sixth
of
Treason
had
been
formerly
repealed
by
the
Statute
of
8
E.
4.
or
then
by
the
two
and
twentieth
Chapter
of
this
Parliament
of
the
10th
of
Henry
the
Seventh
,
by
bringing
in
the
English
Statutes
,
the
Law-makers
were
much
mistaken
now
to
make
a
particular
Act
of
Parliament
to
repeal
it
,
it
being
likewise
so
unreasonable
an
Act
as
it
was
.
In
the
Eighth
Chapter
of
this
Parliament
of
the
10th
of
Henry
the
Seventh
,
it
is
Enacted
,
that
the
Statutes
of
Kilkenny
,
and
all
other
Statutes
made
in
Ireland
(
two
onely
excepted
,
whereof
this
of
the
Eighteenth
of
Henry
the
Sixth
is
none
)
for
the
Common-Weal
,
shall
be
enquired
of
,
and
executed
:
My
Lord
of
Strafford
saith
,
that
the
bringing
in
of
the
English
Statute
hath
repealed
this
Statute
;
the
Act
of
Parliament
made
the
same
time
,
saith
no
;
it
saith
,
that
all
the
Irish
Statutes
,
excepting
two
,
whereof
this
is
none
,
shall
still
be
in
force
.
Object
.
Oh
,
but
however
it
was
in
the
10
H.
7.
yet
it
appeares
by
Judgment
in
Parliament
afterwards
,
that
this
Statute
of
18
H.
6.
is
repealed
,
and
that
is
by
the
Parliament
of
the
11th
year
of
Queen
Elizabeth
,
the
7th
Chapter
,
that
by
this
Parliament
it
is
Enacted
,
That
if
any
Man
,
without
Licence
from
the
Lord
Deputy
,
lay
any
Soldiers
upon
the
Kings
Subjects
,
if
he
be
a
Peer
of
the
Realm
,
he
shall
forfeit
One
hundred
pounds
,
if
under
the
degree
of
a
Peer
,
One
hundred
Markes
.
This
Statute
,
as
is
alleadged
,
declares
the
Penalty
of
laying
Soldiers
on
the
Subjects
to
be
onely
One
hundred
pounds
,
and
therefore
it
s
not
Treason
.
Answ.
My
Lords
,
if
the
Offence
for
which
this
Penalty
of
One
hundred
pounds
is
laid
upon
the
Offenders
,
be
for
laying
Soldiers
,
or
leading
them
to
do
any
act
Offensive
or
Invasive
upon
the
Kings
People
,
the
Argument
hath
some
force
;
but
that
the
Offence
is
not
for
laying
Soldiers
upon
the
true
Subjects
,
that
this
is
not
the
Offence
intended
in
the
Statute
,
will
appear
to
your
Lordships
Ex
absurdo
,
from
the
words
of
it
.
The
Words
are
,
That
if
any
Man
shall
assemble
the
People
of
the
County
together
,
to
conclude
of
Peace
or
War
,
or
shall
carry
those
people
to
do
any
Acts
Offensive
or
Invasive
,
then
he
shall
forfeit
One
hundred
pounds
.
If
concluding
of
War
,
and
carrying
the
people
to
Acts
Invasive
,
be
against
the
Kings
Subjects
,
this
is
High-Treason
,
which
are
the
words
of
the
Statute
of
25
E.
3.
for
if
any
Subject
shall
assemble
the
people
,
and
conclude
a
War
,
and
accordingly
shall
lead
them
to
invade
the
Subject
,
this
is
a
levying
of
War
within
the
words
of
the
Statute
;
and
then
the
Statutes
of
the
25
E.
3.
1
H.
4.
1
of
Q
Mary
,
which
the
Earl
of
Strafford
,
in
his
Answers
,
desires
to
be
tryed
by
,
are
as
well
repealed
,
in
this
point
,
as
the
Statute
of
the
18th
of
Henry
the
Sixth
,
he
might
then
,
without
fear
of
Treason
,
have
done
what
he
pleased
with
the
Irish
Army
;
for
all
the
Statutes
of
levying
of
War
by
this
Statute
of
11
Eliz.
were
taken
out
of
his
way
.
In
Ireland
a
Subject
gathers
Forces
,
concludes
a
War
against
the
Kings
people
,
actually
invades
them
,
bloodshed
,
burning
of
houses
,
depradations
ensue
;
two
of
those
,
that
is
,
Murder
,
and
Burning
of
Houses
,
are
Treason
;
and
there
the
other
Felony
by
the
construction
the
punishment
of
Treason
,
and
Felony
is
turned
onely
into
a
fine
of
One
hundred
pounds
;
from
loss
of
Life
,
Lands
,
and
all
his
Goods
,
onely
to
loss
of
part
of
his
Goods
.
The
Third
Absurdity
,
a
War
is
concluded
,
three
several
Inrodes
are
made
upon
the
Subject
;
in
the
first
a
hundred
pounds
damage
;
in
the
second
,
five
thousand
pounds
damage
;
in
the
third
,
ten
thousand
pounds
damage
,
is
done
to
the
Subjects
;
the
penalty
for
the
last
inroade
is
no
more
then
for
the
first
,
onely
one
hundred
pounds
.
This
Statute
,
by
this
Construction
,
tells
any
man
,
how
to
get
his
living
without
long
labour
.
Two
parts
of
the
hundred
pounds
is
given
to
the
King
,
a
third
part
unto
the
Informer
;
Here
's
no
damage
to
the
Subject
,
that
is
robbed
and
destroyed
.
My
Lords
,
The
Statute
will
free
it self
and
the
makers
from
those
Absurdities
.
The
meaning
of
the
Statute
is
,
That
if
any
Captain
shall
,
of
his
own
head
,
conclude
of
Peace
or
War
against
the
Kings
Enemies
,
or
Rebels
,
or
shall
,
upon
his
own
head
,
invade
them
without
Warrant
from
the
King
;
or
Lord
Deputy
of
Ireland
,
that
then
he
shall
forfeit
a
Hundred
pounds
.
The
Offence
is
not
for
laying
of
Soldiers
upon
the
Kings
people
,
but
making
War
against
the
Irish
Rebels
without
Warrant
;
the
Offence
is
not
in
the
Matter
,
but
in
the
Manner
,
for
doing
a
thing
lawful
,
but
without
Mission
.
-
I.
This
will
appear
by
the
general
Scope
of
the
Statute
,
all
the
parts
being
put
together
.
-
II.
By
particular
Clauses
in
the
Statute
.
-
III.
By
the
Condition
of
that
Kingdom
,
at
the
time
of
the
making
of
that
Statute
.
For
the
First
,
The
Preamble
recites
,
that
in
time
of
Declination
of
Justice
,
under
pretext
of
defending
the
Country
and
themselves
,
diverse
Great
Men
arrogated
to
themselves
Regal
Authority
,
under
the
names
of
Captains
;
that
they
acquired
to
themselves
that
Government
,
which
belonged
to
the
Crown
;
for
preventing
of
this
,
It
's
Enacted
,
That
no
man
dwelling
within
the
Shire
Grounds
,
shall
thenceforth
assume
,
or
take
to
himself
the
Authority
or
name
of
a
Captain
,
within
these
Shire-Grounds
,
without
Letters-Patents
from
the
Crown
,
nor
shall
,
under
colour
of
his
Captainship
,
make
any
demand
of
the
people
of
any
Exaction
,
nor
as
a
Captain
,
assemble
the
people
of
the
Shire-Grounds
;
nor
as
a
Captain
shall
lead
those
people
to
do
any
acts
Offensive
or
Invasive
,
without
Warrant
under
the
Great
Seal
of
England
,
or
of
the
Lord
Deputy
,
upon
penalty
,
that
if
he
do
any
thing
contrary
to
that
Act
,
that
then
the
Offender
shall
forfeit
a
Hundred
pounds
.
My
Lords
,
The
Rebels
had
been
out
;
the
Courts
of
Justice
scarce
sate
;
for
defence
of
the
Countrey
divers
usurped
the
place
of
Captains
,
concluded
of
War
against
the
Rebels
,
and
invaded
them
without
Warrant
:
Invading
the
Rebels
without
Authority
,
is
a
crime
.
This
appears
further
by
particular
clauses
in
the
Statute
,
none
shall
exercise
any
Captainship
within
the
Shire-grounds
,
nor
assemble
the
men
of
the
Shire-grounds
,
to
conclude
War
,
or
lead
them
to
any
Invasion
.
That
that
had
antiently
been
so
continued
to
this
time
,
that
is
the
Irish
,
and
the
English
Pale
,
they
within
the
Shire-grounds
were
within
the
English
Pale
;
and
ad
fidem
&
legem
Angliae
.
The
Irish
without
the
Pale
were
enemies
always
,
either
in
open
act
of
Hostility
,
or
upon
Leagues
and
Hostages
given
for
securing
the
Peace
;
and
therefore
as
here
in
England
we
had
our
Marches
upon
the
frontiers
in
Scotland
and
Wales
,
so
were
there
Marches
between
the
Irish
and
English
Pale
,
where
the
Inhabitants
held
their
Lands
by
this
tenure
,
to
defend
the
Countrey
against
the
Irish
,
as
appears
in
the
close
Roll
of
the
Tower
,
in
the
20th
year
of
Edw.
3.
membrana
15.
on
the
backside
,
and
in
an
Irish
Parliament
,
held
the
42
year
of
Edw.
3.
it
's
declared
,
That
the
English
Pale
was
almost
destroyed
by
the
Irish
enemies
,
and
that
there
was
no
way
to
prevent
the
danger
,
but
only
,
that
the
Owners
reside
upon
their
Lands
for
defence
,
and
that
absence
should
be
a
forfeiture
.
This
Act
of
Parliament
in
a
great
Council
here
was
affirmed
,
as
appears
in
the
close
Roll
,
the
22
year
of
Edw.
3.
Membrana
20
dorso
.
Afterwards
,
as
appears
in
the
Statute
of
28
Hen.
6th
.
in
Ireland
,
this
Hostility
continued
between
the
English
Marches
and
the
Irish
Enemies
,
who
by
reason
there
was
no
difference
between
the
English
Marches
and
them
in
their
apparel
,
did
daily
(
not
being
known
to
the
English
)
destroy
the
English
within
the
Pale
:
Therefore
it
is
enacted
,
that
every
English-man
shall
have
the
hair
of
his
upper
Lip
for
distinction
sake
.
This
hostility
continued
until
the
10th
year
of
Henry
the
7th
,
as
appears
by
the
Statute
of
10
H.
7th
.
and
17th
.
so
successively
downwards
,
till
the
making
of
this
very
Statute
of
11
Eliz.
as
appears
fully
in
the
9th
Chap.
Nay
,
immediately
before
,
and
at
the
time
of
the
making
of
this
Statute
,
there
was
not
only
enmity
between
those
of
the
Shire-ground
,
that
is
,
the
English
and
Irish
Pale
,
but
open
War
,
and
acts
of
hostility
,
as
appears
by
History
of
no
less
Authority
,
than
that
Statute
it self
;
for
in
the
first
Chapter
of
that
Statute
,
is
the
Attainder
of
Shane
Oneale
,
who
had
made
open
War
,
was
slain
in
open
War
;
it
's
there
declared
,
That
he
had
gotten
by
force
,
all
the
North
of
Ireland
,
for
an
hundred
and
twenty
miles
in
length
,
and
about
a
hundred
in
breadth
;
that
he
had
mastered
divers
places
within
the
English
Pale
;
when
the
flame
of
this
War
by
his
death
,
immediately
before
this
Statute
was
spent
,
yet
the
Firebrands
were
not
all
quenched
,
for
the
Rebellion
continued
by
Iohn
Fitz-Gerard
,
called
the
White
Knight
,
and
Thomas
Gueverford
,
this
appears
by
the
Statute
of
the
Thirteenth
year
of
Queen
Eliz.
in
Ireland
,
but
two
years
after
this
of
the
Eleventh
year
of
Queen
Eliz.
where
they
are
attainted
of
High
Treason
,
for
levying
of
War
this
Eleventh
year
,
wherein
this
Statute
was
made
.
So
that
my
Lords
,
immediately
before
,
and
at
the
time
of
the
making
of
this
Statute
,
there
being
War
between
those
of
the
Shire-grounds
,
mentioned
in
this
Statute
,
and
the
Irish
,
the
concluding
of
War
,
and
Acts
Offensive
and
Invasive
there
mentioned
,
can
be
intended
against
no
others
,
but
the
Irish
Enemies
.
Again
,
The
words
of
the
Statute
are
,
No
Captain
shall
assemble
the
people
of
the
Shire-grounds
,
to
conclude
of
Peace
or
War
;
Is
to
presume
,
that
those
of
the
Shire-grounds
will
conclude
of
War
against
themselves
.
Nor
(
with
the
Statute
)
Shall
carry
those
of
the
Shire-grounds
to
do
any
Acts
Invasive
;
by
the
construction
which
is
made
on
the
other
side
,
they
must
be
carried
to
fight
against
themselves
.
Lastly
,
The
words
are
,
That
as
Captain
,
none
shall
assume
the
Name
,
or
Authority
of
a
Captain
;
or
as
a
Captain
shall
gather
the
people
together
;
or
as
a
Captain
lead
them
;
the
offence
is
not
in
the
matter
,
but
in
the
manner
;
If
the
Acts
offensive
were
against
the
Kings
good
Subjects
,
those
that
were
under
Command
,
were
punishable
,
as
well
as
the
Commanders
;
but
in
respect
the
Soldiers
knew
the
service
to
be
good
in
it self
,
being
against
the
enemies
,
and
that
it
was
not
for
them
to
dispute
the
Authority
of
their
Commanders
,
the
penalty
of
100
l.
is
laid
only
upon
him
,
That
as
Captain
,
shall
assume
this
Power
without
Warrant
,
the
People
commanded
,
are
not
within
this
Statute
.
My
Lords
,
The
Logick
wherupon
this
Argument
is
framed
,
stands
thus
,
because
the
Statute
of
the
Eleventh
year
of
Queen
Elizabeth
,
inflicts
a
penalty
of
100
l.
and
no
more
,
upon
any
man
,
that
as
a
Captain
without
Warrant
,
and
upon
his
own
head
shall
conclude
of
,
or
make
War
against
the
King's
Enemies
:
Therefore
the
Statute
of
the
Eighteenth
year
of
Henry
the
6th
is
repealed
,
which
makes
it
Treason
to
lay
Soldiers
upon
,
or
to
levy
War
against
the
Kings
good
People
.
But
,
my
Lords
,
Observation
hath
been
made
upon
other
words
of
this
Statute
,
that
is
,
that
without
Licence
of
the
Deputy
,
these
things
cannot
be
done
;
this
shews
that
the
Deputy
,
is
within
none
of
the
Statutes
.
My
Lords
,
This
Argument
stands
upon
the
same
reason
with
the
former
,
because
he
hath
the
ordering
of
the
Army
of
Ireland
,
for
the
defence
of
the
people
,
and
may
give
Warrant
to
the
Officers
of
the
Army
,
upon
eminent
occasions
of
Invasion
,
to
resist
or
prosecute
the
Enemy
,
because
of
the
danger
that
else
might
ensue
forthwith
,
by
staying
for
a
Warrant
from
His
Majesty
out
of
England
.
My
Lords
,
The
Statute
of
the
10th
year
of
Henry
the
7th
.
chap.
17.
touched
upon
for
this
purpose
,
clears
the
business
in
both
points
;
for
there
is
declared
,
That
none
ought
to
make
War
upon
the
Irish
Rebels
,
and
Enemies
,
without
Warrant
from
the
Lieutenant
,
the
forfeiture
100
l.
as
here
the
Statute
is
the
same
with
this
,
and
might
as
well
have
been
cited
,
for
repealing
the
Statute
of
the
18th
year
of
Henry
the
6th
.
as
this
of
the
11th
year
of
Queen
Elizabeth
.
But
if
this
had
been
insisted
upon
,
it
would
have
expounded
the
other
two
clear
against
him
.
Object
.
My
Lords
,
it
hath
been
further
said
,
although
the
Statute
be
in
force
,
and
there
be
a
Treason
within
it
,
yet
the
Parliament
hath
no
Jurisdiction
,
the
Treasons
are
committed
in
Ireland
,
therefore
not
triable
here
.
Answ.
My
Lords
,
Sir
Iohn
Parrot
,
his
Predecessor
,
24
Edw.
was
tryed
in
the
Kings
Bench
for
Treason
done
in
Ireland
,
when
he
was
Deputy
;
and
Oruche
in
the
33
year
of
Queen
Elizabeth
,
adjudged
here
for
Treason
done
in
Ireland
.
Object
.
But
it
will
be
said
,
these
Tryals
were
after
the
Statute
of
the
34th
year
of
Henry
the
8th
.
which
enacts
,
that
Treasons
beyond
Sea
may
be
tryed
in
England
.
Answ.
My
Lords
,
his
Predecessor
my
Lord
Gray
was
tryed
,
and
adjudged
here
in
the
Kings-Bench
;
that
was
in
Trinity
Term
,
in
the
33
year
of
Henry
the
8th
.
this
was
before
the
making
of
that
Statute
.
Object
.
To
this
again
will
we
say
,
That
it
was
for
Treason
by
the
Laws
and
Statutes
of
England
;
that
this
is
not
for
any
thing
that
's
Treason
by
the
Law
of
England
,
but
an
Irish
Statute
.
So
that
the
question
is
only
,
Whether
your
Lordships
here
in
Parliament
,
have
cognizance
of
an
offence
,
made
Treason
by
an
Irish
Statute
,
in
the
ordinary
way
of
Judicature
,
without
Bill
?
for
so
is
the
present
question
.
For
the
clearing
of
this
,
I
shall
propound
two
things
to
your
Lordships
consideration
.
Whether
the
Rule
for
expounding
the
Irish
Statute
and
Customs
,
be
one
and
the
same
in
England
as
in
Ireland
?
That
being
admitted
,
whether
the
Parliament
in
England
have
cognizance
or
jurisdiction
of
things
there
done
,
in
respect
of
the
place
,
because
the
Kings
Writ
runs
not
there
?
For
the
First
,
in
respect
of
the
place
,
the
Parliament
here
hath
cognizance
there
.
And
Secondly
,
If
the
Rules
for
expounding
the
Irish
Statutes
and
Customs
,
be
the
same
here
as
there
,
this
exception
(
as
I
humbly
conceive
)
must
fall
away
.
In
England
there
is
the
Common-Law
,
the
Statutes
,
the
Acts
of
Parliament
,
and
Customs
peculiar
to
certain
places
,
differing
from
the
Common-Law
;
If
any
question
arise
concerning
either
a
Custom
or
an
Act
of
Parliament
,
the
Common-Law
of
England
,
the
First
,
the
Primitive
and
the
General
Law
,
that
's
the
Rule
and
Expositor
of
them
,
and
of
their
several
extents
;
it
is
so
here
,
it
is
so
in
Ireland
,
the
Common-Law
of
England
,
is
the
Common-Law
of
Ireland
likewise
;
the
same
here
and
there
in
all
the
parts
of
it
.
It
was
introduced
into
Ireland
by
King
Iohn
,
and
afterwards
by
King
Henry
3.
by
Act
of
Parliament
held
in
England
,
as
appears
by
the
Patent-Rolls
of
the
30th
year
of
King
Henry
3.
the
first
Membrana
,
the
words
are
,
Quia
pro
Communi
Utilitate
terrae
Hiberniae
&
unitate
terrarum
Regis
,
Rex
vult
,
&
de
Communi
Concilio
Regis
Provisum
est
,
quod
omnes
Leges
&
Consuetudines
quae
in
Regno
Angliae
tenentur
,
in
Hibernia
teneantur
,
&
eadem
terra
eisdem
legibus
subjaceat
,
&
per
easdem
Regatur
,
sicut
Dominus
Iohannes
Rex
cum
ultimò
esset
in
Hibernia
statuit
&
fieri
mandavit
,
quia
,
&c.
Rex
vult
quòd
omnia
brevia
de
Communi
Iure
quae
currunt
in
Anglia
,
similiter
currant
in
Hibernia
,
sub
novo
sigillo
Regis
mandatum
est
Archiepiscopis
,
&c.
quod
pro
pace
&
tranquilitate
ejusdem
terrae
,
per
easdem
leges
eos
regi
&
deduci
permittant
,
&
eas
in
omnibus
sequantur
in
cujus
,
&c.
Teste
Rege
apud
Woodstock
,
Decimo
nono
die
Septembris
.
Here
is
an
union
of
both
Kingdoms
,
and
that
by
Act
of
Parliament
,
and
the
same
Laws
to
be
used
here
as
there
,
in
omnibus
.
My
Lords
,
That
nothing
might
be
left
here
for
an
exception
,
that
is
,
That
in
Treasons
,
Felonies
,
and
other
capital
offences
concerning
Life
,
the
Irish
Laws
are
not
the
same
as
here
,
therefore
it
is
enacted
by
a
Parliament
held
in
England
,
in
the
14th
year
of
Edw
,
2.
(
it
is
not
in
print
neither
,
but
in
the
Parliament
Book
)
that
the
Laws
concerning
Life
and
Member
shall
be
the
same
in
Ireland
,
as
in
England
.
And
that
no
exception
might
yet
remain
,
in
a
Parliament
held
in
England
.
The
5th
year
of
Edw.
3.
,
it
is
Enacted
.
Quod
una
&
eadem
Lex
fiat
tam
Hibernicis
quam
Anglicis
.
This
Act
is
enrolled
in
the
Patent
Rolls
of
the
5th
year
of
Edw.
3.
Parl.
membr.
25.
The
Irish
therefore
receiving
their
Laws
from
hence
,
they
send
their
Students
at
Law
to
the
Inns
of
Court
in
England
,
where
they
receive
their
Degree
,
and
of
them
,
and
of
the
Common-Lawyers
of
this
Kingdom
,
are
the
Judges
made
.
The
Petitions
have
been
many
from
Ireland
,
to
send
from
hence
some
Judges
,
more
learned
in
the
Laws
,
than
those
they
had
there
.
It
hath
been
frequent
in
cases
of
difficulty
there
,
to
send
sometimes
to
the
Parliament
,
sometimes
to
the
King
,
by
advice
from
the
Judges
here
,
to
send
them
resolutions
of
their
doubts
.
Amongst
many
,
I
'll
cite
your
Lordships
only
one
,
because
it
is
in
a
case
of
Treason
upon
an
Irish
Statute
,
and
therefore
full
to
this
point
.
By
a
Statute
there
made
the
fifth
year
of
Edw.
4.
there
is
a
provision
made
for
such
as
upon
suggestions
are
committed
to
prison
for
Treason
,
that
the
party
committed
,
if
he
can
procure
24
Compurgators
,
shall
be
bailed
and
let
out
of
prison
.
Two
Citizens
of
Dublin
,
were
by
a
Grand
Jury
presented
to
have
committed
Treason
,
they
desired
benefit
of
this
Statute
,
that
they
might
be
let
out
of
prison
,
upon
tender
of
their
Compurgators
:
The
words
of
the
Statute
of
the
5th
year
of
Edw.
4th
.
in
Ireland
being
obscure
,
the
Judges
there
being
not
satisfied
what
to
do
,
sent
the
case
over
to
the
Queen
,
desired
the
opinion
of
the
Judges
here
,
which
was
done
accordingly
.
The
Judges
here
sent
over
their
opinion
,
which
I
have
out
of
the
Book
of
Justice
Anderson
,
one
of
the
Judges
consulted
withal
.
The
Judges
delivered
their
opinion
upon
an
Irish
Statute
,
in
case
of
Treason
.
If
it
be
objected
,
That
in
this
Case
,
the
Judges
here
did
not
judge
upon
the
party
;
their
opinions
were
only
ad
informandam
Conscientiam
,
of
the
Judges
in
Ireland
,
that
the
Judgement
belonged
to
the
Judges
there
.
My
Lords
(
with
submission
)
this
and
the
other
Authorities
,
prove
,
that
for
which
they
were
cited
,
that
is
,
that
no
absurdity
,
no
failure
of
Justice
would
ensue
,
if
this
great
Judicatory
should
judge
of
Treason
,
so
made
by
an
Irish
Statute
.
The
Common-Law
rules
of
judging
upon
an
Irish
Statute
;
the
Pleas
of
the
Crown
for
things
of
life
and
death
,
are
the
same
here
and
there
,
this
is
all
that
yet
hath
been
offered
.
For
the
Second
point
,
That
England
hath
no
power
of
Judicature
,
for
things
done
in
Ireland
.
My
Lords
,
the
constant
practice
of
all
ages
,
proves
the
contrary
.
Writs
of
Error
in
Pleas
of
the
Crown
,
as
well
as
in
Civil
Causes
,
have
in
all
Kings
Reigns
been
brought
here
,
even
in
the
inferior
Courts
of
Westminster-Hall
upon
Judgment
given
in
the
Courts
of
Ireland
,
the
practice
is
so
frequent
,
and
so
well
known
,
as
that
I
shall
cite
none
of
them
to
your
Lordships
,
no
president
will
,
I
believe
,
be
produced
to
your
Lordships
,
that
ever
the
Case
was
remanded
back
again
into
Ireland
,
because
the
question
arose
upon
an
Irish
Statute
,
or
Custom
.
Object
.
But
it
will
be
said
,
that
Writs
of
Error
,
are
only
upon
failure
of
justice
in
Ireland
,
and
that
suits
cannot
originally
be
commenced
here
for
things
done
in
Ireland
,
because
the
Kings
Writ
runs
not
in
Ireland
.
Answ.
This
might
be
a
good
Plea
in
the
Kings-Bench
,
and
inferior
Courts
at
Westminster-Hall
;
the
question
is
,
Whether
it
be
so
in
Parliament
?
The
Kings
Writ
runs
not
within
the
County-Palatine
of
Chester
and
Durham
,
nor
within
the
Five
Ports
;
neither
did
it
in
Wales
,
before
the
Union
of
Henry
the
8th's
time
,
after
the
Laws
of
England
were
brought
into
Wales
,
in
King
Edw.
the
1.
time
,
Suits
were
not
originally
commenced
at
Westminster-Hall
for
things
done
in
them
;
yet
this
never
excluded
the
Parliament-suits
;
for
Life
,
Lands
,
and
Goods
within
these
jurisdictions
,
are
determinable
in
Parliament
,
as
well
as
in
any
other
parts
of
the
Realm
.
Ireland
,
as
appears
by
the
Statute
of
the
Thirtieth
year
of
Henry
3.
before-mentioned
,
is
united
to
the
Crown
of
England
.
By
the
Statute
of
the
Eight
and
twentieth
year
of
Hen.
6th
.
in
Ireland
,
it
is
declared
in
these
words
,
That
Ireland
is
the
proper
Dominion
of
England
,
and
united
to
the
Crown
of
England
,
which
Crown
of
England
is
of
it self
,
and
by
it self
,
wholly
and
entirely
endowed
with
all
Power
and
Authority
sufficient
to
yield
to
the
Subjects
of
the
same
full
and
plenary
remedy
,
in
all
Debates
and
Suits
whatsoever
.
By
the
Statute
of
the
Three
and
twentieth
year
of
Henry
the
8th
,
the
first
Chapter
,
when
the
Kings
of
England
first
assumed
the
Title
of
King
of
Ireland
,
it
is
there
Enacted
,
that
Ireland
still
is
to
be
held
as
a
Crown
annexed
and
united
to
the
Crown
of
England
.
So
that
by
the
same
reason
,
from
this
that
the
Kings
Writs
run
not
in
Ireland
,
it
might
as
well
be
held
,
that
the
Parliament
cannot
originally
hold
Plea
of
things
done
within
the
County-Palatine
of
Chester
and
Durham
,
nor
within
the
Five
Ports
and
Wales
;
Ireland
,
is
a
part
of
the
Realm
of
England
,
as
appears
by
those
Statutes
,
as
well
as
any
of
them
.
This
is
made
good
by
constant
practice
in
all
the
Parliament
Rolls
,
from
the
first
to
the
last
;
there
are
Receivers
,
and
Tryers
of
Petitions
appointed
for
Ireland
;
for
the
Irish
to
come
so
far
with
their
Petitions
for
Justice
,
and
the
Parliament
not
to
have
cognizance
,
when
from
time
to
time
they
had
in
the
beginning
of
the
Parliament
,
appointed
Receivers
and
Tryers
of
them
,
is
a
thing
not
to
be
presumed
.
An
Appeal
in
Ireland
,
brought
by
William
Lord
Vesey
,
against
Iohn
Fitz-Thomas
,
for
Treasonable
words
there
spoken
,
before
any
Judgment
given
in
Case
there
,
was
removed
into
the
Parliament
in
England
,
and
there
the
Defendant
acquitted
,
as
appears
in
the
Parliament
Pleas
of
the
Two
and
twentieth
year
of
Edw.
1.
The
Suits
for
Lands
,
Offices
,
and
Goods
originally
begun
here
are
many
,
and
if
question
grew
upon
matter
in
fact
,
a
Jury
usually
ordered
to
try
it
,
and
the
Verdict
returned
into
the
Parliament
;
as
in
the
Case
of
one
Ballyben
in
the
Parliament
of
the
Five
and
thirtieth
year
of
Edward
the
1.
If
a
doubt
arose
upon
a
matter
tryable
by
Record
,
a
Writ
went
to
the
Officers
,
in
whose
custody
the
Record
remained
,
to
certifie
the
Record
,
as
was
in
the
Case
of
Robert
Bagott
the
same
Parliament
,
of
the
Five
and
thirtieth
year
of
Edward
the
1.
where
the
Writ
went
to
the
Treasurer
,
and
Barons
of
the
Exchequer
.
Sometimes
they
gave
Judgement
here
in
Parliament
,
and
commanded
the
Judges
there
in
Ireland
to
do
execution
,
as
in
the
great
Case
of
Partition
,
between
the
Copartners
of
the
Earl
Marshal
in
the
Parliament
of
the
Three
and
thirtieth
of
Edward
the
1.
where
the
Writ
was
awarded
to
the
Treasurer
of
Ireland
.
My
Lords
,
The
Laws
of
Ireland
were
introduced
by
the
Parliament
of
England
,
as
appears
by
Three
Acts
of
the
Parliament
before
cited
.
It
is
of
higher
Jurisdiction
Dare
Leges
,
then
to
judge
by
them
.
The
Parliaments
of
England
do
bind
in
Ireland
,
if
Ireland
be
particularly
mentioned
,
as
is
resolved
in
the
Book-Case
of
the
First
year
of
Henry
the
Seventh
.
Cook
's
Seventh
Report
,
Calvin's
Case
;
and
by
the
Judges
in
Trinity-Term
,
in
the
Three
and
thirtieth
year
of
Queen
Elizabeth
.
The
Statute
of
the
Eighth
year
of
Edward
the
4th
,
the
first
Chapter
in
Ireland
recites
,
That
it
was
doubted
amongst
the
Judges
,
whether
all
the
English
Statutes
,
though
not
naming
Ireland
,
were
in
force
there
?
if
named
,
no
doubt
.
From
King
Henry
the
3.
his
time
downwards
,
to
the
Eighth
year
of
Queen
Elizabeth
(
by
which
Statute
it
is
made
Felony
to
carry
Sheep
from
Ireland
beyond
Seas
)
in
almost
all
these
Kings
Reigns
,
there
be
Statutes
made
concerning
Ireland
.
The
exercising
of
the
Legislative
Power
there
,
over
their
Lives
and
Estates
,
is
higher
than
of
the
Judicial
in
question
:
Until
the
29th
year
of
Edward
the
3.
erroneous
Judgements
given
in
Ireland
,
were
determinable
no
where
but
in
England
;
no
,
not
in
the
Parliament
of
Ireland
,
as
it
appears
in
the
close
Rolls
in
the
Tower
,
in
the
29th
year
of
Edw.
the
3.
Memb.
12.
Power
to
examine
and
reverse
erroneous
Judgments
in
the
Parliaments
of
Ireland
is
granted
;
from
hence
,
Writs
of
Error
lye
in
the
Parliament
here
upon
erroneous
Judgements
,
after
that
time
given
in
the
Parliaments
of
Ireland
,
as
appears
in
the
Parliament
Rolls
,
of
the
Eighth
year
of
Henry
the
6th
.
No.
70.
in
the
Case
of
the
Prior
of
Lenthan
.
It
is
true
,
the
Case
is
not
determined
there
,
for
it
's
the
last
thing
that
came
into
the
Parliament
,
and
could
not
be
determined
for
want
of
time
,
but
no
exception
at
all
is
taken
to
the
Jurisdiction
.
The
Acts
of
Parliament
made
in
Ireland
,
have
been
confirmed
in
the
Parliaments
of
England
,
as
appears
by
the
close
Rolls
in
the
Tower
,
in
the
Two
and
fortieth
year
of
Edw.
the
3.
Memb.
20.
Dorso
:
where
the
Parliament
in
Ireland
,
for
the
preservation
of
the
Countrey
from
Irish
,
who
had
almost
destroyed
it
,
made
an
Act
,
That
all
the
Land-Owners
,
that
were
English
,
should
reside
upon
their
Lands
,
or
else
they
were
to
be
forfeited
,
this
was
here
confirmed
.
In
the
Parliament
of
the
Fourth
year
of
Henry
the
5th
.
Chap.
6.
Acts
of
Parliament
in
Ireland
are
confirmed
,
and
some
priviledges
of
the
Peers
in
the
Parliaments
there
are
regulated
.
Power
to
repeal
Irish
Statutes
,
Power
to
confirm
them
,
cannot
be
by
the
Parliament
here
,
if
it
hath
not
cognizance
of
their
Parliaments
;
unless
it
be
said
,
that
the
Parliament
may
do
,
it
knows
not
what
.
Garnsey
and
Iersey
are
under
the
Kings
subjection
,
but
are
not
parcels
of
the
Crown
of
England
,
but
of
the
Duchy
of
Normandy
,
they
are
not
governed
by
the
Laws
of
England
,
as
Ireland
is
,
and
yet
Parliaments
in
England
have
usually
held
Plea
of
,
and
determined
all
Causes
concerning
Lands
or
Goods
.
In
the
Parliament
,
in
the
33
Edw.
1.
there
be
Placita
de
Insula
Iersey
.
And
so
in
the
Parliament
,
14
Edw.
2.
and
so
for
Normandy
and
Gascoigne
,
and
always
as
long
as
any
part
of
France
was
in
subjection
to
the
Crown
of
England
,
there
were
at
the
beginning
of
the
Parliaments
,
Receivers
and
Tryers
of
Petitions
,
for
those
parts
appointed
.
I
believe
your
Lordships
will
have
no
Case
shewed
of
any
Plea
,
to
the
jurisdiction
of
the
Parliaments
of
England
,
in
any
things
done
in
any
parts
wheresoever
in
subjection
to
the
Crown
of
England
.
The
last
thing
I
shall
offer
to
your
Lordships
is
,
the
Case
of
19
Eliz.
in
my
Lord
Dyer
,
306.
and
Judge
Crompton's
Book
,
of
the
jurisdiction
of
Courts
fol.
23.
The
opinion
of
both
these
Books
is
,
That
an
Irish
Peer
is
not
Tryable
here
,
it
's
true
,
a
Scotch
or
French
Nobleman
is
tryable
here
,
as
a
common
person
;
the
Law
takes
no
notice
of
their
Nobility
,
because
those
Countreys
are
not
governed
by
the
Laws
of
England
;
but
Ireland
being
governed
by
the
same
Laws
,
the
Peers
there
are
Tryable
according
to
the
Law
of
England
only
,
per
pares
.
By
the
same
reason
,
the
Earl
of
Strafford
,
not
being
a
Peer
of
Ireland
,
is
not
tryable
by
the
Peers
of
Ireland
;
so
that
if
he
be
not
tryable
here
,
he
is
tryable
no
where
.
My
Lords
,
In
case
there
be
a
Treason
and
a
Traitor
within
the
Statute
,
and
that
he
be
not
tryable
here
for
it
,
in
the
ordinary
way
of
Judicature
,
if
that
jurisdiction
fail
,
this
by
way
of
Bill
doth
not
;
Attainders
of
Treason
in
Parliament
,
are
as
legal
,
as
usual
by
Act
of
Parliament
,
as
by
Judgement
.
I
have
now
done
with
the
Statutes
25
Edw.
3.
and
18
Hen.
6.
My
Lord
of
Strafford
hath
offended
against
both
the
Kingdoms
,
and
is
guilty
of
High
Treason
by
the
Laws
of
both
.
My
Lords
,
In
the
fifth
place
,
I
am
come
to
the
Treasons
at
the
Common-Law
,
the
endeavouring
to
subvert
the
fundamental
Laws
and
Government
of
the
Kingdom
,
and
to
introduce
an
Arbitrary
and
Tyrannical
Government
.
In
this
I
shall
not
at
all
labour
to
prove
,
That
the
endeavouring
by
Words
,
Counsels
and
Actions
,
to
subvert
the
Laws
,
is
Treason
at
the
Common-Law
,
if
there
be
any
Common-Law
Treasons
at
all
left
;
nothing
is
Treason
,
if
this
be
not
,
to
make
a
Kingdom
no
Kingdom
;
take
the
Polity
and
Government
away
,
Englands
but
a
piece
of
Earth
,
wherein
so
many
men
have
their
Commorancy
and
abode
,
without
ranks
or
distinction
of
men
,
without
property
in
any
thing
further
than
possession
;
no
Law
to
punish
the
Murthering
,
or
robbing
one
another
.
That
of
33
Hen.
8.
of
introducing
the
Imperial
Law
,
sticks
not
with
your
Lordships
;
it
was
in
case
of
an
Appeal
to
Rome
;
these
Appeals
in
Cases
of
Marriages
,
and
other
causes
counted
Ecclesiastical
,
had
been
frequent
,
had
in
most
Kings
Reigns
been
tolerated
;
some
in
times
of
Popery
put
a
conscience
upon
them
;
the
Statutes
had
limited
the
penalty
to
a
Praemunire
only
,
neither
was
that
a
total
subversion
,
only
an
Appeal
from
the
Ecclesiastical
Court
here
in
a
single
Cause
,
to
the
Court
of
Rome
;
and
if
Treason
or
not
,
that
Case
proves
not
a
Treason
may
be
punished
as
a
Felony
;
a
Felony
as
a
Trespass
,
if
His
Majesty
so
please
;
The
greater
includes
the
less
in
the
Case
of
Praemunire
;
in
the
Irish
Reports
,
that
which
is
there
declared
to
be
Treason
,
was
proceeded
upon
only
as
a
Praemunire
.
The
things
most
considerable
in
this
is
,
Whether
the
Treasons
at
Common-Law
,
are
taken
away
by
the
Statute
of
25
Edw.
3.
which
is
to
speak
against
both
the
direct
words
and
scope
of
that
Statute
.
In
it
there
's
this
clause
,
That
because
many
other
like
Cases
of
Treason
might
fall
out
,
which
are
not
there
declared
;
therefore
it
is
enacted
,
That
if
any
such
Case
come
before
the
Iudges
,
they
shall
not
proceed
to
Iudgment
,
till
the
Case
be
declared
in
Parliament
,
whether
it
ought
to
be
adjudged
Treason
or
not
.
These
words
,
and
the
whole
scope
of
that
Statute
shews
,
that
it
was
not
the
meaning
to
take
away
any
Treasons
that
were
so
before
,
but
only
to
regulate
the
jurisdiction
and
manner
of
Tryal
.
Those
that
were
single
and
certain
Acts
,
as
conspiring
the
Kings
death
,
Levying
War
,
Counterfeiting
the
Money
,
or
Great
Seal
,
Killing
a
Judge
;
these
are
left
to
the
ordinary
Courts
of
Justice
:
The
others
not
depending
upon
single
Acts
,
but
upon
constructions
and
necessary
inferences
,
they
thought
it
not
fit
to
give
the
inferior
Courts
so
great
a
latitude
here
,
as
too
dangerous
to
the
Subject
,
those
they
restrained
to
the
Parliament
.
This
Statute
was
the
great
security
of
the
Subjects
,
made
with
such
wisdom
,
as
all
the
succeeding
Ages
have
approved
it
;
it
hath
often
passed
through
the
Furnace
,
but
like
Gold
,
hath
left
little
or
nothing
.
The
Statute
of
the
First
H.
4.
cap.
10.
is
in
these
words
,
Whereas
in
the
Parliament
held
the
21
year
of
Richard
the
2.
divers
pains
of
Treason
were
ordained
,
insomuch
that
no
man
did
know
how
to
behave
himself
,
to
do
,
say
,
or
speak
:
It
is
accorded
that
in
no
time
to
come
,
any
Treason
be
adjudged
otherwise
,
than
it
was
ordained
by
the
Statute
of
25th
of
Edw.
3.
It
hath
been
said
,
To
what
end
is
this
Statute
made
,
if
it
takes
not
away
the
Common-Law
Treasons
remaining
after
the
Statute
of
the
25th
of
Edw.
3
?
Therebe
two
main
things
which
this
Statute
doth
;
First
,
it
takes
away
for
the
future
all
the
Treasons
,
made
by
any
Statute
since
25
Edw.
3.
to
the
1
H.
4.
even
to
that
time
;
for
in
respect
,
that
by
another
Act
in
that
Parliament
,
the
Statute
of
21
Rich.
2.
was
repealed
,
it
will
not
be
denyed
,
but
that
this
Statute
repeals
more
Treasons
than
these
of
the
21
R.
2.
It
repeals
all
Statute-Treasons
but
those
in
25
Edw.
3.
Secondly
,
It
not
only
takes
away
the
Statute-Treasons
,
but
likewise
the
declared
Treasons
in
Parliament
,
after
the
25th
of
Edw.
3.
as
to
the
future
,
after
Declaration
in
Parliament
,
the
inferior
Courts
might
judge
these
Treasons
;
for
the
Declaration
of
a
Treason
in
Parliament
after
it
was
made
,
was
sent
to
the
inferior
Courts
,
that
toties
quotîes
the
like
Case
fell
out
,
they
might
proceed
therein
,
the
Subject
for
the
future
,
was
secured
against
these
;
so
that
this
Statute
was
of
great
use
.
But
by
the
very
words
of
it
,
I
shall
refer
all
Treasons
to
the
provision
of
25
Edw.
3.
it
leaves
that
entire
,
and
upon
the
old
bottom
.
The
Statute
of
1
Queen
M.
cap.
1.
saith
,
That
no
offences
made
Treason
by
any
Act
of
Parliament
,
shall
thenceforth
be
taken
or
adjudged
to
be
Treason
,
but
only
such
as
be
declared
and
expressed
to
be
Treason
by
the
Statute
of
25
Edw.
3.
Concerning
Treason
,
or
the
Declaration
of
Treason
,
and
no
others
:
And
further
provides
,
That
no
pains
of
death
,
penalties
,
or
forfeiture
in
any
wise
shall
ensue
,
for
committing
any
Treason
,
other
than
such
as
be
in
the
Statute
of
25
Edw.
3.
ordained
and
provided
,
any
Act
of
Parliament
,
or
any
Declaration
,
or
matter
to
the
contrary
,
in
any
wise
notwithstanding
.
By
the
first
of
this
Statute
,
only
offences
made
Treason
by
Act
of
Parliament
,
are
taken
away
,
the
Common-Law-Treasons
are
no
ways
touched
,
the
words
[
And
no
others
]
refer
still
to
offences
made
Treason
by
Act
of
Parliament
;
they
restrain
not
to
the
Treasons
only
,
particularly
mentioned
in
the
Statute
in
the
25th
Edw.
3.
but
leave
that
Statute
entire
to
the
Common-Law-Treason
,
as
appears
by
the
words
immediately
foregoing
.
By
the
Second
Part
,
for
the
peins
and
forfeitures
of
Treasons
,
if
it
intend
only
the
punishment
of
Treason
,
or
if
it
intend
both
Treason
and
Punishment
,
yet
all
is
referred
to
the
Provision
and
Ordinance
of
25
Edw.
3.
any
Act
of
Parliament
,
or
other
Declaration
,
or
thing
notwithstanding
.
It
saith
not
,
other
then
such
Penalties
or
Treasons
,
as
are
expressed
and
declared
in
the
Statute
of
25
Edw.
3.
that
might
perhaps
have
restrained
it
to
those
that
are
particularly
mentioned
,
no
,
it
refers
all
Treasons
to
the
general
Ordination
and
Provision
of
that
Statute
,
wherein
the
Common
Law
Treasons
are
expresly
kept
on
foot
.
If
it
be
Asked
,
What
good
this
Statute
doth
,
if
it
take
not
away
the
Common
Law
Treasons
?
1.
It
takes
away
all
the
Treasons
made
by
Act
of
Parliament
,
not
only
since
the
first
of
Hen.
4.
which
were
many
,
but
all
before
1
Hen.
4.
even
until
the
25
E.
3.
by
express
words
.
2.
By
express
words
,
it
takes
away
all
declared
Treasons
,
if
any
such
had
been
in
Parliament
;
Those
for
the
future
are
likewise
taken
away
;
so
that
whereas
it
might
have
been
doubted
,
whether
the
Statute
of
the
1
H.
4.
took
away
any
Treasons
,
but
those
of
the
22d
and
23d
years
of
R.
2.
This
clears
it
,
both
for
Treasons
made
by
Parliament
,
or
declared
in
Parliament
,
even
to
the
time
of
making
the
Statute
.
This
is
of
great
use
,
of
great
security
to
the
Subject
;
so
that
,
as
to
what
shall
be
Treason
,
and
what
not
,
the
Statute
of
25
E.
3.
remains
entire
,
and
so
by
consequence
the
Treasons
at
the
Common
Law
.
Only
,
my
Lords
,
it
may
be
doubted
,
whether
the
manner
of
the
Parliamentary
proceedings
;
be
not
altered
by
the
Statute
of
1
H.
4.
Chap.
17.
and
more
fully
in
the
Parliament
Roll
,
Number
144
,
that
is
,
whether
since
that
Statute
the
Parliamentary
power
of
Declaration
of
Treasons
,
whereby
the
inferiour
Courts
Receive
Jurisdiction
,
be
not
taken
away
and
restrained
only
to
Bill
,
that
so
it
might
operate
no
further
,
then
to
that
particular
contained
in
the
Bill
,
that
so
the
Parliamentary
Declarations
for
after-times
,
should
be
kept
within
the
Parliament
it self
,
and
be
extended
no
further
:
Since
1
H.
4.
we
have
not
found
any
such
Declarations
made
,
but
all
Attainders
of
Treason
have
been
by
Bill
?
If
this
be
so
,
yet
the
Common-Law
Treasons
still
remaining
,
there
is
one
and
the
same
ground
of
reason
and
equity
since
the
1
H.
4.
for
passing
a
Bill
of
Treason
,
as
was
before
,
for
declaring
of
it
without
Bill
.
Herein
the
Legislative
power
is
not
used
against
my
Lord
of
Strafford
in
the
Bill
,
it
s
only
the
jurisdiction
of
the
Parliament
.
But
,
my
Lords
,
because
that
either
through
my
mistaking
of
the
true
grounds
and
reasons
of
the
Commons
,
or
my
not
pressing
them
with
apt
agreements
,
and
presidents
of
former
times
,
or
that
perchance
your
Lordships
,
from
some
other
Reasons
and
Authorities
,
more
swaying
with
your
Lorpships
Judgments
,
then
these
from
them
,
may
possibly
be
of
a
contrary
or
dubious
opinion
,
concerning
these
Treasons
,
either
upon
the
Statutes
of
25
E.
3.
&
18
H.
6.
or
at
the
Common-Law
.
My
Lords
,
If
all
these
five
should
faile
,
they
have
therefore
given
me
further
in
Command
,
to
declare
to
your
Lordships
some
of
their
Reasons
,
why
they
conceive
that
in
this
case
,
the
meer
Legislative
Power
may
be
exercised
.
Their
reasons
are
taken
from
these
three
grounds
;
-
1.
From
the
nature
and
quality
of
the
Offence
.
-
2.
From
the
Frame
and
Constitution
of
the
Parliament
,
wherein
this
Law
is
made
.
-
3.
From
Practices
and
Usages
of
former
times
.
The
horridness
of
the
Offence
,
in
endeavouring
the
overthrowing
the
Lawes
and
present
Government
,
hath
been
fully
opened
to
your
Lordships
heretofore
.
The
Parliament
is
the
Representation
of
the
whole
Kingdom
;
wherein
the
King
as
Head
,
your
Lordships
as
the
most
Noble
,
and
the
Commons
the
other
Members
,
are
knit
together
into
one
Body
Politick
;
This
dissolves
the
Arteries
and
Ligaments
that
hold
the
Body
together
,
the
Lawes
;
He
that
takes
away
the
Lawes
,
takes
not
away
the
Allegiance
of
one
Subject
alone
,
but
of
the
whole
Kingdom
.
It
was
made
Treason
by
the
Statute
of
13.
Eliz.
for
Her
time
,
to
affirm
,
that
the
Lawes
of
the
Realm
do
not
bind
the
Descent
of
the
Crown
;
no
Law
,
no
Descent
at
all
.
No
Lawes
,
no
Peerage
;
no
Rankes
or
Degrees
of
men
;
the
same
Condition
to
all
.
It
's
Treason
to
kill
a
Judge
upon
the
Bench
;
this
kills
not
Iudicem
,
sed
Iudicium
;
He
that
borrowed
Apelles
,
and
gave
Bond
to
return
again
Apelles
the
Painter
,
sent
him
home
,
after
he
had
cut
off
his
Right
Hand
;
his
Bond
was
broken
;
Apelles
was
sent
,
but
not
the
Painter
.
There
are
Twelve
Men
,
but
no
Law
;
there
's
never
a
Judge
amongst
them
.
It
's
Felony
to
Imbezle
any
one
of
the
Judicial
Records
of
the
Kingdom
;
this
at
once
Sweeps
them
all
away
,
and
from
all
.
It
's
Treason
to
Counterfeit
a
Twenty
shillings
piece
;
here
's
a
Counterfeiting
of
the
Law
;
we
can
call
neither
the
Counterfeit
,
nor
True
Coyn
,
our
own
.
It
's
Treason
to
Counterfeit
the
Great-Seal
for
an
Acre
of
Land
;
no
property
hereby
is
left
to
any
Land
at
all
;
nothing
Treason
now
,
either
against
King
or
Kingdom
;
no
Law
to
punish
it
.
My
Lords
,
If
the
Question
were
Asked
at
Westminster-Hall
,
Whether
this
were
a
Crime
punishable
in
Star-Chamber
,
or
in
the
Kings-Bench
,
by
Fine
,
or
Imprisonment
?
they
would
say
it
went
higher
:
If
whether
Felony
?
they
would
say
,
that
's
for
an
Offence
only
against
the
Life
,
or
Goods
of
some
one
or
few
persons
;
It
would
,
I
believe
,
be
answered
by
the
Judges
,
as
it
was
by
the
Chief
Justice
Thurning
in
21
R.
2.
that
though
he
could
not
Judge
the
Case
Treason
there
before
him
,
yet
if
he
were
a
Peer
in
Parliament
he
would
so
Adjudge
it
.
My
Lords
,
if
it
be
too
big
for
those
Courts
,
we
hope
it
's
in
the
right
way
here
.
2.
The
second
Consideration
is
from
the
Frame
and
Constitution
of
the
Parliament
;
the
Parliament
is
the
great
Body
Politick
,
it
comprehends
all
,
from
the
King
to
the
Beggar
;
if
so
,
My
Lords
,
as
the
Natural
,
so
this
Body
,
it
hath
power
over
it self
,
and
every
one
of
the
Members
,
for
the
preservation
of
the
whole
;
It
's
both
the
Physitian
and
the
Patient
;
If
the
Body
be
distempered
,
it
hath
power
to
open
a
Vein
,
to
let
out
the
corrupt
blood
for
curing
it self
;
if
one
Member
be
Poysoned
or
Gangred
,
it
hath
power
to
cut
it
off
for
the
preservation
of
the
rest
.
But
,
my
Lords
,
it
hath
often
been
inculcated
,
that
Law-makers
should
imitate
the
Supreme
Law-giver
,
who
commonly
warnes
before
he
strikes
.
The
Law
was
promulged
before
the
Judgment
of
death
for
gathering
the
Sticks
.
No
Law
,
no
Transgression
.
My
Lords
,
To
this
rule
of
Law
is
Frustra
legis
auxilium
invocat
,
qui
in
legem
committit
,
from
the
Lex
talionis
;
he
that
would
not
have
had
others
to
have
a
Law
,
Why
should
he
have
any
himself
?
Why
should
not
that
be
done
to
him
,
that
himself
would
have
done
to
others
?
It
's
true
,
we
give
Law
to
Hares
and
Deers
,
because
they
be
Beasts
of
Chase
;
It
was
never
accounted
either
cruelty
or
foul
play
,
to
knock
Foxes
and
Wolves
on
the
head
,
as
they
can
be
found
,
because
these
be
Beasts
of
Prey
.
The
Warrener
sets
Traps
for
Polcats
and
other
Vermine
,
for
preservation
of
the
Warren
.
Further
,
my
Lords
,
most
dangerous
Diseases
,
if
not
taken
in
time
,
they
kill
;
Errors
,
in
great
things
,
as
War
and
Marriage
,
they
allow
no
time
for
repentance
;
it
would
have
been
too
late
to
make
a
Law
,
when
there
had
been
no
Law
.
My
Lords
,
for
further
Answer
to
this
Objection
,
he
hath
offended
against
a
Law
,
a
Law
within
the
endeavouring
to
subvert
the
Lawes
,
and
Polity
of
the
State
wherein
he
lived
,
which
had
so
long
,
and
with
such
faithfulness
protected
his
Ancestry
,
Himself
,
and
his
whole
Family
:
It
was
not
Malum
quia
prohibitum
,
it
was
Malum
in
se
,
against
the
Dictates
of
the
dullest
Conscience
,
against
the
Light
of
Nature
,
they
not
having
a
Law
,
were
a
Law
to
themselves
.
Besides
this
,
he
knew
a
Law
without
,
that
the
Parliament
,
in
Cases
of
this
Nature
,
had
Potestatem
vitae
&
necis
.
Nay
,
he
well
knew
,
that
he
offended
the
Promulged
and
Ordinary
Rules
of
Law
.
Crimes
against
Law
have
been
Proved
,
have
been
Confessed
,
so
that
the
Question
is
not
De
culpa
,
sed
de
poena
,
What
degree
of
Punishment
those
Faults
deserve
?
We
must
differ
from
him
in
Opinion
,
That
twenty
Felonies
cannot
make
a
Treason
,
if
it
be
meant
of
equallity
in
the
use
of
the
Legislative
Power
;
for
he
that
deserves
death
for
one
of
these
Felonies
alone
,
deserves
a
Death
more
Painful
,
and
more
Ignominious
for
all
together
.
Every
Felony
is
punished
with
loss
of
Life
,
Lands
and
Goods
;
a
Felony
may
be
aggravated
with
those
Circumstances
,
as
that
the
Parliament
with
good
reason
may
add
to
the
Circumstances
of
Punishment
,
as
was
done
in
the
Case
of
Iohn
Hall
,
in
the
Parliament
of
the
1
H.
4.
who
,
for
a
Barbarous
Murder
,
committed
upon
the
Duke
of
Glocester
,
Stifling
him
between
two
Feather-Beds
at
Calice
,
was
Adjudged
to
be
Hanged
,
Drawn
and
Quartered
.
Batteries
by
Law
are
only
punishable
by
Fine
,
and
single
Damages
to
the
Party
Wounded
.
In
the
Parliament
held
in
1
H.
4.
Cap.
6.
one
Savage
committed
a
Battery
upon
one
Chedder
,
Servant
to
Sir
Iohn
Brooke
,
a
Knight
of
the
Parliament
for
Somersetshire
.
It
's
there
Enacted
,
that
he
shall
pay
double
Damages
,
and
stand
Convicted
,
if
he
render
not
himself
by
such
a
time
.
The
manner
of
proceedings
quickned
,
and
the
penalty
doubled
;
the
Circumstances
were
considered
,
it
concerned
the
Common-Wealth
,
it
was
a
Battery
with
Breach
of
Priviledge
of
Parliament
.
This
made
a
perpetual
Act
:
no
warning
to
the
first
Offender
:
and
in
the
Kings
Bench
,
as
appears
by
the
Book-Case
of
9
H.
4.
the
first
leaf
,
Double
Damages
were
recovered
.
My
Lords
,
in
this
of
the
Bill
,
the
Offence
is
High
and
General
,
against
the
King
and
the
Common-wealth
,
against
all
,
and
the
best
of
all
.
If
every
Felony
be
loss
of
Life
,
Lands
and
Goods
;
What
is
Misuser
of
the
Legislative
Power
,
by
Addition
of
Ignominy
,
in
the
Death
and
Disposal
of
the
Lands
to
the
Crown
,
the
Publick
Patrimony
of
the
Kingdom
?
But
it
was
hoped
,
that
your
Lordships
had
no
more
skill
in
the
Art
of
killing
Men
,
then
your
worthy
Ancestors
.
My
Lords
,
this
Appeal
from
your selves
to
your
Ancestors
we
do
admit
of
,
although
we
do
not
admit
of
that
from
your
Lordships
to
the
Peers
of
Ireland
.
He
hath
appealed
to
them
;
your
Lordships
will
be
pleased
to
hear
,
what
Judgment
they
have
already
given
in
the
case
,
that
is
,
the
several
Attainders
of
Treason
in
Parliament
;
after
the
Statute
of
25
E.
3.
for
Treasons
not
mentioned
,
nor
within
that
Statute
,
and
those
upon
the
first
Offenders
without
warning
given
.
By
the
Statute
of
25
E.
3.
it
's
Treason
to
levy
War
against
the
King
;
Gomines
and
Weston
afterwards
in
Parliament
,
in
the
1
R.
2.
n.
38
,
39
,
adjudged
Traytors
for
surrendring
two
several
Castles
in
France
,
only
out
of
fear
,
without
any
Compliance
with
the
Enemy
;
this
not
within
the
Statute
of
25th
E.
3.
My
Lords
,
In
the
3d
of
Rich.
2d.
Iohn
Imperiall
that
came
into
England
upon
Letters
of
Safe
Conduct
,
as
an
Agent
for
the
State
of
Genoa
,
sitting
in
the
evening
before
his
door
,
in
Breadstreet
(
as
the
words
of
the
Records
are
)
Paulo
ante
ignitegium
;
Iohn
Kirkby
,
and
another
Citizen
coming
that
way
,
Casually
Kirkby
troad
upon
his
Toe
,
it
being
twilight
,
this
grew
to
a
Quarrel
,
and
the
Ambassador
was
slain
;
Kirkby
was
Indicted
of
High-Treason
,
the
Indictment
finds
all
this
,
and
that
it
was
only
done
se
defendendo
,
and
without
malice
.
The
Judges
,
it
being
out
of
the
Statute
25
E.
3.
could
not
proceed
;
the
Parliament
declared
it
Treason
,
and
Judgment
afterwards
of
High-Treason
:
there
's
nothing
can
bring
this
within
the
Statute
of
25
E.
3.
but
it
concerns
the
Honor
of
the
Nation
,
that
the
Publick
Faith
should
be
strictly
kept
:
It
might
endanger
the
Traffique
of
the
Kingdom
;
they
made
not
a
Law
first
,
they
made
the
first
man
an
Example
;
this
is
in
the
Parliament-Roll
3
R.
2.
Number
18.
and
Hillary
Terme
,
3
R.
2.
Rot.
31.
in
the
Kings-Bench
,
where
Judgment
is
given
against
him
.
In
11
R.
2.
Tresilian
,
and
some
others
,
attainted
of
Treason
for
delivering
Opinions
in
the
Subversion
of
the
Law
,
and
some
others
for
plotting
the
like
.
My
Lords
,
the
Case
hath
upon
another
occasion
been
opened
to
your
Lordships
;
only
this
is
observable
,
that
in
the
Parliament
of
the
first
year
of
Henry
the
Third
,
where
all
Treasons
are
again
reduced
to
the
Statute
of
25
E.
3.
These
Attainders
were
by
a
particular
Act
confirmed
and
made
good
,
that
the
memory
thereof
might
be
transmitted
to
succeeding
Ages
,
they
stand
good
unto
this
day
;
the
offences
there
as
here
,
were
the
endeavouring
the
Subversion
of
the
Laws
.
My
Lords
,
after
the
1
H.
4.
Sir
Iohn
Mortimer
being
committed
to
the
Tower
,
upon
suspition
of
Treason
,
brake
Prison
,
and
made
his
escape
;
This
no
way
within
any
Statute
,
or
any
former
Judgment
at
Common-Law
for
this
,
that
is
,
for
breaking
the
Prison
only
,
and
no
other
cause
;
in
the
Parliament
held
the
second
year
of
Henry
the
Sixth
,
he
was
attainted
of
High-Treason
by
Bill
.
My
Lords
,
Poysoning
is
only
Murder
,
yet
one
Richard
Cooke
having
put
Poyson
into
a
Pot
of
Pottage
in
the
Kitchin
of
the
Bishop
of
Rochester
,
whereof
two
persons
dyed
,
he
's
Attainted
of
Treason
,
and
it
was
Enacted
,
that
he
should
be
Boyled
to
Death
by
the
Statute
of
22
H.
8.
c.
9.
By
the
Statute
of
the
25
H.
8.
Elizabeth
Barton
the
Holy
Maid
of
Kent
,
for
pretending
Revelations
from
God
,
That
God
was
highly
displeased
with
the
King
,
for
being
Divorced
from
the
Lady
Katherine
,
and
that
in
case
he
persisted
in
the
Separation
,
and
should
Marry
another
,
that
he
would
not
continue
King
not
above
one
Moneth
after
,
because
this
tended
to
the
depriving
of
the
lawful
Succession
to
the
Crown
,
she
is
Attainted
of
Treason
.
My
Lords
,
all
these
Attainders
,
for
ought
I
know
,
are
in
force
at
this
day
.
The
Statutes
of
the
First
year
of
Henry
the
4th
.
and
the
First
of
Queen
Mary
,
although
they
were
willing
to
make
the
Statute
of
25
E.
3.
the
Rule
to
the
Inferiour
Courts
,
yet
they
left
the
Attainders
in
Parliament
,
precedent
to
themselves
,
untoucht
,
wherein
the
Legislative
power
had
been
exercised
.
There
's
nothing
in
them
whence
it
can
be
gathered
,
but
that
they
intended
to
leave
it
as
free
for
the
future
.
My
Lords
,
In
all
these
Attainders
,
there
were
Crimes
and
Offences
against
the
Law
;
they
thought
it
not
unjust
(
Circumstances
considered
)
to
heighten
and
add
to
the
degrees
of
punishment
,
and
that
upon
the
first
Offender
.
My
Lords
,
we
receive
,
as
just
,
the
other
Lawes
and
Statutes
made
by
these
our
Ancestors
,
they
are
the
Rules
we
go
by
in
other
Cases
,
Why
should
we
differ
from
them
in
this
alone
?
These
,
my
Lords
,
are
in
part
those
things
,
which
have
satisfied
the
Commons
in
passing
the
Bill
,
it
is
now
left
to
the
Judgment
and
Justice
of
your
Lordships
.
Upon
the
Close
of
Mr.
St.
Iohns
Speech
the
House
Adjourned
,
nor
was
there
one
word
spoken
but
by
Master
St.
Iohns
,
onely
the
Lord
Lieutenant
used
the
last
part
of
his
Rhetorick
,
and
by
a
dumb
Eloquence
,
Manibus
ad
sydera
tensis
,
often
holding
up
his
hands
towards
Heaven
,
all
along
Mr.
St.
Iohns
Speech
,
made
his
Replies
with
a
deep
silence
.
Upon
Fryday
,
April
the
30th
,
he
Petitioned
the
Lords
to
be
heard
again
,
alleadging
,
That
his
Lawyers
had
not
fully
spoken
at
their
last
meeting
,
but
this
was
denyed
him
,
because
the
House
of
Commons
were
to
have
the
last
Speech
,
nor
were
they
content
to
speak
again
.
The
following
SPEECH
of
Mr.
Glyns
,
is
,
by
a
Mistake
Misplaced
,
for
it
ought
to
be
next
to
my
Lords
Summary
of
the
Evidence
.
Mr.
GLYN'S
REPLY
TO
THE
Earl
of
Strafford's
DEFENCE
.
My
Lord
of
Strafford
having
concluded
the
Recapitulation
of
his
Evidence
;
Mr.
Glyn
applyed
himself
to
their
Lordships
in
manner
following
.
May
it
please
your
Lordships
,
MY
Lord
of
Strafford
(
as
your
Lordships
have
observed
,
)
hath
spent
a
great
deal
of
time
in
his
Evidence
,
and
in
his
course
of
answering
,
hath
inverted
the
order
of
the
Articles
;
he
hath
spent
some
time
likewise
in
defending
the
Articles
not
objected
against
him
,
wherein
he
hath
made
a
good
Answer
,
if
in
any
:
we
shall
presume
to
withdraw
a
while
,
and
rest
upon
your
Lordships
patience
;
and
I
doubt
not
but
to
represent
my
Lord
of
Strafford
as
cunning
in
his
Answer
,
as
he
is
subtil
in
his
practice
.
The
Committee
withdrawing
for
about
the
space
of
half
an
hour
,
and
then
returning
to
the
Bar
,
Mr.
Glyn
proceeded
as
followeth
.
My
Lords
,
your
Lordships
have
observed
how
the
Earl
of
Strafford
hath
been
accused
by
the
Commons
of
England
of
High
Treason
,
for
a
purpose
and
design
to
subvert
the
Fundamental
Laws
of
both
the
Kingdoms
,
of
England
and
Ireland
,
and
to
introduce
an
Arbitrary
and
Tyrannical
Government
:
The
Commons
have
exhibited
Articles
in
maintenance
of
that
Charge
:
My
Lord
of
Strafford
hath
thereunto
answered
in
Writing
.
The
Commons
have
proceeded
to
make
good
their
Charge
by
proof
,
and
thereunto
my
Lord
of
Strafford
hath
made
his
Defence
;
and
this
day
my
Lord
of
Strafford
hath
taken
upon
him
to
recollect
his
Evidence
,
and
make
his
observation
upon
it
,
the
most
he
could
to
his
advantage
.
My
Lords
,
We
that
are
intrusted
for
the
House
of
Commons
,
stand
here
to
recollect
the
Evidence
on
our
part
,
and
to
apply
it
to
the
general
Charge
,
and
how
far
it
conduces
thereunto
.
My
Lord
of
Strafford
in
recollecting
the
Evidence
of
his
Defence
,
as
I
did
mention
before
,
hath
(
under
favour
)
exprest
very
much
subtilty
,
and
that
in
divers
particulars
,
which
I
shall
represent
to
your
Lordships
.
My
Lords
,
before
I
enter
upon
the
recollection
of
the
proofs
produced
on
the
behalf
of
the
Commons
,
I
shall
make
some
observations
,
and
give
some
answer
to
that
recollection
of
his
;
though
very
disorderly
to
the
method
I
propounded
to
my self
.
And
First
,
in
general
,
it
will
appear
to
your
Lordships
,
(
looking
upon
your
Notes
,
and
observing
his
recollection
)
that
he
hath
used
the
repetition
of
Evidence
on
both
sides
,
in
such
manner
as
you
know
who
useth
Scripture
;
that
is
,
to
cite
as
much
as
makes
for
his
purpose
,
and
leave
out
the
rest
.
And
likewise
,
that
in
repetition
of
the
Evidence
,
he
hath
mis-recited
plainly
,
very
much
of
the
proofs
on
both
sides
,
and
likewise
hath
pretended
some
proofs
to
be
for
his
Defence
,
which
indeed
were
not
:
and
he
hath
taken
this
farther
advantage
;
when
it
makes
for
his
Defence
,
he
hath
disjoynted
the
Proofs
and
Testimonies
,
and
severed
them
asunder
,
that
it
might
appear
to
your
Lordships
,
like
Rain
falling
in
drops
,
which
considered
in
distinct
drops
,
bring
no
horror
,
or
seeming
inconvenience
with
them
;
but
when
they
are
gathered
together
into
an
entire
body
,
they
make
an
Inundation
,
and
cover
the
face
of
the
earth
.
He
would
not
have
your
Lordships
look
on
those
Testimonies
together
,
but
distinctly
and
asunder
,
which
being
put
together
,
look
horrid
,
as
will
appear
to
your
Lordships
,
when
you
duly
consider
of
them
.
These
be
the
general
observations
,
which
in
my
Answer
I
doubt
not
but
to
make
good
:
But
before
I
shall
enter
into
observations
of
what
he
hath
spoken
,
I
shall
answer
in
general
to
some
things
which
he
hath
in
general
alledged
.
In
the
first
place
,
he
hath
made
a
flourish
this
day
,
and
several
other
days
in
the
way
of
his
Defence
,
That
if
he
could
have
had
longer
time
,
he
could
have
made
things
appear
clearer
,
and
have
produced
more
proofs
.
Give
me
leave
to
inform
your
Lordships
,
that
he
is
no
way
streightned
of
time
,
for
he
hath
been
charged
above
three
months
since
:
he
knew
what
was
laid
to
his
Charge
,
and
therefore
his
pretence
of
want
of
time
,
and
of
his
disabilities
to
make
better
proofs
,
are
but
flourishes
.
And
it
appears
plainly
,
whatsoever
he
hath
had
occasion
to
make
use
of
,
even
the
least
paper
,
though
he
fetched
it
from
Ireland
,
there
is
not
one
wanting
;
he
hath
copies
of
Papers
from
the
Council-Table
,
from
the
Parliament
of
Ireland
,
and
all
that
may
any
way
tend
to
his
justification
,
and
yet
he
stands
upon
that
flourish
,
that
if
he
had
had
time
,
he
could
have
made
it
more
clear
.
My
Lords
,
He
hath
mentioned
often
this
day
,
and
oftner
the
days
before
,
That
many
of
the
Articles
laid
to
his
charge
,
are
proved
but
by
one
Witness
;
and
thereupon
he
takes
the
advantage
of
the
Statute
of
E.
6.
that
sayes
,
A
man
ought
not
to
be
condemned
for
High
Treason
,
without
two
witnesses
.
My
Lords
,
This
is
a
fallacy
known
to
his
own
breast
,
I
doubt
not
,
and
not
taught
him
by
any
of
his
Counsel
,
or
others
Learned
.
The
Treason
laid
to
his
charge
,
is
,
The
subverting
of
the
Laws
;
the
Evidence
is
,
the
Article
proved
:
and
though
some
one
Article
appears
to
be
proved
but
by
one
,
yet
put
the
Evidence
together
,
you
shall
never
find
it
to
be
within
the
words
or
meaning
of
the
Statute
;
for
the
Charge
is
proved
by
a
hundred
Witnesses
:
and
because
one
part
of
the
Evidence
is
proved
only
by
one
Witness
,
since
,
when
you
put
them
together
,
you
will
find
a
hundred
Witnesses
,
it
is
not
within
the
words
,
nor
meaning
of
the
Statute
,
neither
will
his
Counsel
direct
him
to
say
so
,
I
am
confident
.
My
Lords
,
another
observation
I
shall
be
bold
to
make
,
is
,
that
he
was
pleased
to
cast
an
aspersion
(
as
we
must
apprehend
)
upon
them
that
are
trusted
by
the
House
of
Commons
this
day
,
That
we
that
stand
here
,
alledged
and
affirmed
things
to
be
proved
,
that
are
not
proved
.
He
might
have
pleased
to
have
spared
that
language
;
we
stand
here
to
justify
our selves
,
that
we
do
not
use
to
express
any
language
,
but
what
our
hearts
and
consciences
tell
us
is
true
;
and
howsoever
he
is
pleased
to
cast
it
upon
us
,
I
am
confident
I
shall
invert
it
upon
himself
,
and
make
it
appear
,
that
he
hath
been
this
day
guilty
in
the
highest
degree
,
of
what
he
most
unjustly
layeth
to
our
charge
.
And
now
my
Lords
,
to
enter
upon
the
particulars
he
hath
been
pleased
to
make
it
his
general
Theme
to
day
(
though
he
hath
not
spoke
much
to
day
but
what
he
hath
spoken
formerly
)
that
these
particulars
considered
by
themselves
make
not
a
Treason
,
and
therefore
put
together
,
he
wonders
how
they
should
make
a
Treason
:
Several
misdemeanors
can
never
make
a
murther
,
and
several
Murthers
can
never
make
a
Treason
;
and
he
wonders
it
should
be
otherwise
in
this
Case
.
My
Lords
,
He
did
instance
it
(
if
my
memory
fails
not
)
in
a
Case
of
Felony
;
That
if
a
bloudy
knife
should
be
produced
in
the
hand
of
the
party
suspected
to
have
slain
the
man
,
if
the
party
had
been
there
seen
before
the
death
,
it
were
a
strange
Evidence
;
but
there
must
be
death
in
the
case
,
the
fact
must
be
committed
,
else
there
can
be
no
murther
:
but
he
himself
might
answer
himself
,
for
there
is
a
great
difference
;
There
cannot
be
murther
but
there
must
be
death
,
but
he
knows
very
well
there
may
be
Treason
and
yet
no
death
;
it
is
too
late
to
forbear
questioning
Treason
for
killing
the
King
,
till
the
King
be
killed
:
God
forbid
we
should
stay
in
that
Case
,
for
the
very
intention
is
the
Treason
,
and
it
is
the
intention
of
the
death
of
the
Law
that
is
in
question
,
and
it
had
been
too
late
to
call
him
to
question
,
to
answer
with
his
life
,
for
the
death
of
the
Law
,
if
the
Law
had
been
killed
,
for
there
had
been
no
Law
then
;
and
how
should
the
Law
then
have
adjudged
it
Treason
,
when
the
same
were
subverted
and
destroyed
?
and
therefore
he
is
much
mistaken
.
The
greatest
Traitor
,
in
the
memory
of
any
that
sits
here
to
hear
me
this
day
,
had
a
better
,
a
fairer
excuse
in
thisparticular
,
than
my
Lord
of
Strafford
,
and
that
is
Guido
Faux
;
for
he
might
have
objected
,
that
the
taking
of
the
Cellar
,
the
laying
of
the
Powder
under
the
Parliament-House
,
the
kindling
of
the
Match
,
,
and
putting
it
near
,
are
not
so
much
as
a
misdemeanor
,
if
you
look
no
further
;
for
it
was
no
offence
in
him
to
lay
Barrels
under
the
Parliament-House
,
and
to
kindle
the
Match
,
and
to
lay
it
near
;
but
collect
all
together
,
that
it
was
eâ
intentione
,
to
blow
up
the
King
and
the
State
,
there
is
the
Treason
:
but
God
be
blessed
it
was
not
effected
;
so
that
the
rule
is
the
same
.
Nay
,
my
Lord
of
Strafford
hath
not
so
much
to
say
,
when
he
is
charged
with
a
purpose
and
intention
to
subvert
the
Law
;
for
to
that
purpose
gave
he
traiterous
Counsels
,
and
executed
actions
,
thereby
discovering
his
intentions
to
destroy
the
Kingdom
,
and
to
destroy
the
Kings
claim
by
Law
,
and
discent
.
It
is
true
,
they
were
not
put
in
execution
,
but
they
declared
his
intentions
;
therefore
this
gives
an
answer
to
his
first
flourish
,
which
is
not
so
great
an
Argument
as
the
greatest
Traytor
might
use
for
himself
,
and
yet
it
proved
Treason
in
him
.
My
Lords
,
he
hath
been
plased
to
divide
his
Treasons
into
two
parts
,
and
his
division
I
allow
of
;
that
is
,
Treason
by
Statute-Law
,
as
he
terms
it
,
though
it
be
Treason
by
the
Common-Law
;
and
constructive
Treason
:
And
upon
that
method
he
hath
recited
the
evidence
produced
on
either
part
;
Give
me
leave
to
follow
and
trace
him
a
little
,
and
afterwards
to
discharge
my
own
duty
in
taking
my
own
course
,
and
representing
the
evidence
as
it
appears
,
truly
;
and
I
will
avoid
(
as
much
as
I
can
)
to
fall
into
my
Lord
of
Straffords
error
,
in
mis-reciting
a
Particle
;
if
I
do
,
it
shall
be
against
my
will
.
He
begins
with
the
Fifteenth
Article
,
and
pretends
that
that
is
not
proved
:
The
ground
and
foundation
of
that
Article
,
was
a
Warrant
issued
out
by
himself
to
a
Sergeant
at
Arms
,
one
Savill
,
which
gave
directions
and
power
to
that
Sergeant
,
to
lay
Soldiers
on
any
person
that
should
contemn
the
Process
of
the
Council-board
in
Ireland
;
that
was
the
effect
:
Now
(
says
he
)
this
Warrant
is
not
produced
,
and
adds
,
That
the
Iudges
will
tell
your
Lordships
,
that
if
a
man
be
charged
with
anything
under
Hand
and
Seal
,
the
Deed
must
be
produced
and
proved
,
or
else
no
credit
is
to
be
given
to
it
.
Truly
,
my
Lords
,
it
is
true
,
if
it
had
been
a
Bond
,
or
a
Deed
,
where
those
that
Seal
it
,
use
to
call
their
neighbors
to
testify
,
and
be
Witnesses
to
it
,
perhaps
it
might
be
a
colourable
answer
,
that
because
we
do
not
produce
the
Deed
,
and
prove
it
by
Witnesses
,
you
can
therefore
give
no
credit
to
it
:
But
my
Lords
,
in
case
of
authority
to
commit
High
Treason
,
I
suppose
my
Lord
of
Strafford
,
nor
any
other
,
did
call
witnesses
to
prove
the
Signing
,
Sealing
,
and
Delivering
of
the
Warrant
for
execution
of
High
Treason
;
and
therefore
it
is
a
new
way
and
invention
found
out
by
his
Lordship
,
for
ought
I
see
,
to
commit
High
Treason
,
and
to
give
authority
for
it
;
and
it
is
but
taking
away
the
original
Warrant
,
and
he
shall
never
be
touched
for
any
Treason
.
But
I
beseech
your
Lordships
patience
,
till
I
come
to
open
that
Article
,
and
your
Lordships
will
find
the
Warrant
,
(
though
it
be
not
produced
,
)
proved
by
three
or
four
Witnesses
,
and
his
Hand
and
Seal
proved
too
.
And
whereas
he
pretends
the
Sergeant
at
Arms
is
no
competent
Witness
,
because
he
excuses
himself
;
my
Lord
mistakes
himself
,
for
I
take
it
to
be
no
excuse
,
to
prove
a
Warrant
from
any
person
whatsoever
,
if
it
be
to
commit
High
Treason
:
and
therefore
Savil's
testimony
is
the
more
strong
,
being
so
far
from
excusing
,
that
he
doth
accuse
himself
:
And
though
he
is
charged
with
laying
of
Soldiers
upon
the
Kings
people
,
contrary
to
an
express
Act
of
Parliament
made
in
18
H.
6.
yet
my
Lord
is
pleased
(
I
know
not
how
to
term
it
,
whether
it
be
merrily
or
otherwise
)
to
use
his
Retorick
,
Here
is
a
great
levying
of
War
,
when
there
is
not
above
four
Musquetiers
,
or
six
at
most
,
laid
upon
any
one
man
.
My
Lords
,
it
is
a
plain
levying
of
War
,
and
without
all
question
,
and
in
all
sense
,
it
is
as
much
mischievous
to
me
to
be
surprized
by
four
or
six
Musquetiers
,
to
enforce
me
to
any
thing
they
would
have
,
as
if
there
were
an
Army
of
Forty
thousand
brought
upon
me
;
for
if
that
strength
will
but
over-master
me
,
it
is
all
one
to
me
,
whether
I
be
mastered
by
four
,
or
by
four
thousand
.
And
therefore
let
not
this
be
a
rule
,
that
to
send
four
,
or
six
,
or
ten
Musquetiers
up
and
down
,
is
not
considerable
,
because
of
the
smalness
of
the
number
(
the
danger
is
the
same
;
)
yet
this
is
no
levying
of
War
,
because
they
goe
not
in
Troops
of
greater
number
,
as
it
pleases
my
Lord
of
Strafford
to
affirm
My
Lords
,
Your
Lordships
remember
what
the
effect
of
the
Warrant
is
sworn
to
be
,
that
howsoever
the
Sergeant
at
Arms
,
and
his
Ministers
that
executed
it
,
brought
but
four
,
or
six
,
or
ten
,
yet
the
Sergeant
might
have
brought
all
the
Army
of
Ireland
,
for
there
was
authority
so
to
do
.
And
admitting
the
matter
of
Fact
proved
,
he
mentions
an
Act
of
Parliament
made
11
Eliz.
whereby
a
penalty
is
laid
upon
men
that
shall
lay
Soldiers
on
the
Kings
Subjects
,
and
yet
(
as
my
Lord
observes
)
it
must
now
be
Treason
in
the
Deputy
.
My
Lords
,
The
very
casting
of
an
eye
upon
that
Act
,
shews
it
to
be
as
vainly
objected
,
as
if
he
had
said
nothing
;
for
in
truth
it
is
no
other
,
than
as
if
he
should
say
,
The
King
hath
given
me
the
Command
of
an
Army
in
Ireland
,
and
therefore
I
may
turn
them
upon
the
bowels
of
the
Kings
Subjects
:
It
is
no
more
in
effect
.
Your
Lordships
heard
him
the
other
day
mentioning
two
Acts
of
Repeal
,
and
I
expected
he
would
have
insisted
upon
them
;
but
it
seems
he
hath
been
better
advised
,
and
thinks
them
not
worthy
repetition
,
nor
indeed
are
they
.
And
if
the
matter
of
Fact
be
proved
upon
the
Fifteenth
Article
,
I
am
confident
he
will
find
the
Statute
of
18
H.
6.
to
be
of
ful
force
.
My
Lords
,
I
am
very
sorry
to
hear
,
that
when
levying
of
War
upon
the
Kings
Subjects
is
in
agitation
,
and
he
charged
with
High
Treason
,
he
should
make
mention
of
the
Yorkshire
men
,
and
the
Army
now
on
foot
,
whereby
he
would
insinuate
,
that
if
he
be
charged
with
High
Treason
,
then
they
must
be
likewise
,
though
they
lye
quartered
,
and
have
meat
and
drink
with
the
assent
of
the
people
;
which
may
breed
ill
blood
for
ought
I
know
.
From
the
Fifteenth
Article
he
descends
to
the
three
and
twentieth
,
and
that
is
the
Article
whereby
he
stands
charged
with
speaking
of
Words
,
and
giving
of
Counsel
to
His
Majesty
,
to
incense
him
against
His
Parliament
pretending
a
necessity
,
and
telling
him
,
he
is
loose
and
absolved
from
all
rules
of
Government
;
that
he
had
an
Army
in
Ireland
,
which
he
might
make
use
of
to
reduce
this
kingdom
.
In
this
he
is
pleased
to
begin
with
the
Testimony
of
my
Lord
Ranelagh
,
conceiving
an
apprehension
and
fear
in
him
,
that
the
Army
should
go
over
to
England
,
which
my
Lord
says
,
is
no
more
but
his
saying
,
and
Mr.
Treasurer
Vane
'
s.
I
pray
God
my
Lord
Ranelagh
had
not
much
cause
to
fear
;
but
by
the
same
rule
he
may
lay
a
charge
of
unwarrantable
fear
upon
all
the
Commons
;
for
sure
the
Commons
of
England
did
fear
it
,
else
they
would
not
make
an
Article
of
it
:
but
my
Lord
Ranelagh's
fear
did
not
arise
from
a
slight
cause
,
and
he
shewed
himself
a
good
Common-wealths
man
in
expressing
it
,
and
he
is
to
be
commended
for
it
,
howsoever
it
be
apprehended
by
my
Lord
of
Strafford
.
For
his
observation
of
the
single
Testimony
of
Mr.
Treasurer
Vane
,
give
me
leave
to
take
the
same
latitude
as
his
Lordship
did
;
for
he
shews
to
three
or
four
Articles
what
he
could
have
proved
;
as
to
the
Article
concerning
the
Army
,
he
could
have
proved
the
design
of
it
by
Sir
John
Burlacy
,
and
some
others
if
they
had
been
here
.
But
by
this
rule
and
liberty
,
he
hath
taken
to
alledge
what
he
could
have
shown
,
give
me
leave
to
tell
you
what
we
might
have
shown
,
and
are
ready
to
show
:
we
could
have
made
it
express
,
and
proved
it
by
Notes
,
taken
by
Secretary
Vane
,
the
5th
of
May
,
when
the
words
were
spoken
,
which
Notes
should
have
been
proved
,
if
we
had
proceeded
on
the
Three
and
twentieth
Article
,
to
corroborate
the
Testimony
of
Mr.
Secretary
Vane
,
and
that
by
two
Witnesses
.
We
could
likewise
have
shown
how
we
came
to
the
knowledge
of
it
,
it
being
by
means
unknown
to
Mr.
Secretary
Vane
,
and
have
made
him
an
upright
Counsellor
and
Witness
:
but
we
shall
prove
his
intentions
to
bring
in
the
Irish
Army
another
way
,
when
I
come
to
open
my
own
course
and
method
.
My
Lords
,
he
pretends
these
words
were
spoken
the
5th
of
May
,
but
when
they
were
testified
by
Mr.
Treasurer
,
he
did
not
speak
of
the
5th
of
May
,
and
yet
now
my
Lord
remembers
the
day
:
and
I
wonder
how
he
came
to
the
knowledge
of
the
day
,
unless
he
likewise
remembred
the
words
.
But
that
my
Lord
observes
,
is
,
That
being
spoken
then
,
how
should
he
perswade
the
King
,
that
he
had
an
Army
in
Ireland
,
when
in
truth
he
had
none
there
?
for
the
Army
was
not
on
foot
till
a
month
after
.
This
my
Lords
,
is
plainly
answered
;
and
if
he
had
thought
of
his
own
answer
,
he
had
answered
himself
:
for
he
tels
you
,
That
in
April
before
,
he
had
taken
a
course
for
the
levying
of
the
Army
,
he
had
nominated
the
Officers
,
giving
direction
for
raising
it
:
and
the
day
of
the
Rendezvous
of
the
Army
was
appointed
the
18th
of
May.
And
so
in
his
own
answer
he
makes
an
answer
to
the
objection
,
and
the
objection
is
taken
away
out
of
his
own
confession
.
From
that
Article
he
falls
to
the
seven
and
twentieth
Article
,
whereby
he
stands
charged
with
Levying
Money
by
force
upon
the
Kings
people
in
Yorkshire
:
he
is
pleased
to
observe
that
all
the
proofe
for
the
maintenance
of
that
Article
,
is
only
the
levying
of
Money
by
four
Soldiers
by
Sergeant-Major
Yaworth
;
where
he
is
pleased
to
disdain
the
War
,
because
it
was
so
weak
;
yet
it
was
too
strong
for
them
(
God
help
them
)
that
were
forced
upon
pain
of
life
to
pay
it
.
And
whereas
he
pretends
the
Warrant
was
not
from
him
,
I
shall
reserve
that
till
I
come
to
the
Article
,
and
when
I
come
to
the
proofs
,
I
believe
it
will
remain
fixed
upon
him
.
And
there
he
left
his
Statute-Treason
,
and
now
he
falls
to
the
second
kind
of
Treason
,
and
that
was
the
introductive
or
constructive
Treason
:
He
begins
with
the
third
Article
,
that
is
,
concerning
some
words
that
he
should
be
charged
to
have
spoken
in
Ireland
;
and
I
shall
desire
that
your
Lordships
would
be
pleased
to
look
upon
your
Notes
,
how
he
answers
that
Article
;
My
Lords
,
says
he
,
I
am
charged
to
say
that
Ireland
was
a
conquered
Nation
,
and
that
their
Charters
were
nothing
worth
,
and
bind
the
King
no
further
than
he
pleaseth
;
therefore
I
am
a
Traitor
because
I
speak
the
Truth
.
There
was
his
Answer
in
his
Collection
.
And
for
their
Charters
he
sayes
,
he
might
very
well
say
so
,
for
he
intended
it
no
otherwise
,
but
according
to
the
validity
of
them
,
for
they
were
several
ways
questionable
,
and
ought
not
to
bind
unless
they
were
good
in
Law
.
But
if
you
look
upon
his
Arguments
,
he
hath
like
a
cunning
Orator
,
omitted
the
principal
part
of
the
Article
;
and
that
is
▪
That
Ireland
is
a
conquered
Nation
,
and
they
were
to
be
governed
as
the
King
pleaseth
,
the
King
might
do
with
them
what
he
list
;
this
he
omits
,
although
they
be
proved
by
three
witnesses
,
and
are
appliable
to
his
intentions
fully
;
yet
he
could
make
use
of
so
much
as
makes
for
him
,
and
leaves
out
the
rest
,
like
your
Lordships
know
whom
.
Then
he
descends
to
the
fourth
Article
,
and
this
concerns
some
words
he
should
speak
,
upon
an
occasion
betwixt
him
and
my
Lord
of
Cork
,
that
he
should
tell
my
Lord
of
Cork
,
He
would
have
neither
Law
nor
Lawyers
dispute
or
question
his
Orders
.
And
upon
another
occasion
,
That
he
would
make
my
Lord
of
Cork
,
and
all
Ireland
know
,
that
all
Acts
of
State
(
which
are
Acts
of
Council
)
there
made
,
or
to
be
made
,
should
be
as
binding
as
any
Act
of
Parliament
:
This
he
said
was
proved
but
by
one
witness
:
and
I
extreamly
marvel
to
hear
him
say
so
;
for
the
latter
words
we
proved
by
four
,
or
five
,
or
six
witnesses
,
that
is
,
That
he
would
have
Acts
of
State
,
as
binding
as
Acts
of
Parliament
.
Whereas
he
sayes
,
these
are
all
the
words
produced
against
him
in
the
time
of
seven
years
Government
there
;
your
Lordships
have
heard
of
many
words
,
and
if
we
would
trouble
your
Lordships
further
in
this
kind
,
we
could
prove
such
words
spoken
,
as
often
almost
as
he
remained
dayes
in
Ireland
,
that
is
,
for
the
mis-recital
.
The
other
part
two
witnesses
proved
;
but
the
residue
,
That
they
must
expect
Law
from
the
King
as
a
Conqueror
,
That
Acts
of
State
should
be
equal
to
Acts
of
Parliament
,
and
when
an
Act
of
Parliament
would
not
pass
,
he
would
make
it
good
by
an
Act
of
State
,
these
speeches
at
other
times
were
proved
by
five
witnesses
.
Then
he
falls
back
to
the
second
Article
,
touching
the
words
,
That
the
Kings
little
finger
should
be
heavier
than
the
loins
of
the
Law
.
My
Lords
,
These
words
were
proved
expresly
by
five
witnesses
,
to
be
by
him
spoken
;
and
if
he
had
produced
five
hundred
that
had
said
he
did
not
speak
them
,
they
had
not
been
equivalent
to
disprove
five
;
but
he
produces
none
.
Sir
William
Penniman
repeats
other
words
,
and
inverts
them
,
and
none
but
he
.
Another
party
,
a
Minister
,
reports
a
report
that
he
heard
concerning
these
words
,
but
my
Lord
,
he
saith
,
the
occasion
of
the
speaking
of
them
was
not
mentioned
.
Truly
perhaps
it
might
be
the
forgetfulness
of
my
Lords
memory
,
but
let
me
put
him
in
mind
;
and
your
Lordships
remember
that
the
occasion
was
exprest
by
one
,
and
that
is
Sir
David
Fowles
,
that
he
laying
a
command
upon
Sir
David
,
to
repair
a
Bridge
,
and
calling
him
to
an
account
why
it
was
not
repaired
,
Sir
David
Fowles
told
him
he
could
not
do
it
by
Law
.
And
therefore
omitting
it
,
my
Lord
said
to
him
,
Sir
,
some
are
all
for
Law
and
Lawyers
,
but
you
shall
know
,
that
the
Kings
little
finger
will
be
heavier
than
the
loins
of
the
Law
.
Here
is
the
occasion
,
though
he
would
have
another
business
,
the
knighting
Money
to
be
the
occasion
.
From
the
second
he
falls
to
the
three
and
twentieth
Article
,
that
is
,
concerning
words
,
that
he
should
counsel
His
Majesty
,
that
he
might
use
His
Prerogative
as
he
pleased
;
but
in
saying
there
was
no
proof
offered
,
he
here
begins
to
fall
upon
the
other
fallacy
,
that
is
,
to
pull
things
asunder
(
whereas
we
produce
them
together
)
and
would
make
that
which
is
a
Fagot
,
to
be
but
a
single
Stick
;
but
under
favour
,
when
I
come
,
with
your
Lordships
patience
,
to
open
the
force
of
the
proofs
,
and
put
them
together
,
he
shall
find
(
contrary
to
his
expectation
)
that
they
are
fully
proved
by
the
testimony
of
many
witnesses
,
upon
consideration
of
the
precedent
,
concurrent
,
and
subsequent
Acts
and
Intentions
of
my
Lord
of
Strafford
.
I
shall
not
now
run
over
my
Lord
Primates
testimony
,
or
my
Lord
Conwayes
,
or
master
Treasurers
,
or
my
Lord
of
Bristols
,
but
make
use
of
them
in
their
proper
places
,
when
I
shall
put
all
together
,
to
shew
his
design
,
and
to
prove
his
speaking
of
the
words
.
Then
he
comes
to
the
five
and
twentieth
Article
,
which
I
shall
not
insist
on
,
though
he
pretends
it
not
proved
;
I
shall
refer
that
to
my
recollection
,
that
I
may
not
answer
to
his
pieces
,
but
bring
all
together
,
and
then
the
horror
of
his
Fact
shall
more
speciously
appear
.
Only
this
(
under
favour
)
I
cannot
pass
over
,
when
he
comes
to
justify
an
Advice
and
Counsel
of
the
Kings
being
loose
and
absolved
from
all
rules
of
Government
,
and
that
he
might
use
his
Prerogative
as
he
pleases
,
he
is
pleased
to
mention
the
Argument
of
the
Judges
in
the
Ship-money
,
and
what
they
should
deliver
,
he
makes
the
Warrant
of
his
Counsel
.
Now
your
Lordships
may
observe
,
he
would
justify
his
actions
by
Law
,
in
some
cases
,
where
it
is
to
his
advantage
,
but
in
other
cases
he
must
be
ignorant
of
the
Law
.
But
my
Lords
,
for
him
to
mention
any
thing
in
the
Argument
of
the
Judges
,
concerning
the
Ship-money
,
which
is
now
cendemned
,
and
to
make
that
a
ground
of
his
Counsel
and
advice
to
the
King
,
and
not
the
judgement
in
truth
,
but
the
Argument
of
the
Counsel
at
Bar
,
that
therefore
he
is
loose
,
and
absolved
from
all
rule
of
Government
;
for
him
to
make
the
Parliaments
deferring
to
give
supply
,
to
be
that
necessity
which
was
insisted
upon
in
the
Counsels
Argument
,
and
to
be
such
an
unavoidable
necessity
,
as
to
beget
an
Invasion
upon
Propriety
and
Liberty
,
it
rests
in
your
Judgements
,
and
the
judgements
of
all
that
hear
me
,
what
argument
this
is
,
and
what
he
declares
his
opinion
to
be
this
day
.
In
the
latter
part
let
me
close
hands
,
and
agree
with
him
;
he
sayes
,
Proofs
must
be
taken
by
themselves
,
they
must
not
be
judged
by
pieces
,
but
together
;
and
now
in
good
time
I
shall
joyn
with
him
,
and
shall
desire
the
same
judgement
,
that
things
may
not
be
taken
asunder
,
but
judged
together
according
to
his
own
words
.
For
the
twentieth
Article
,
he
is
thereby
charged
with
being
an
Incendiary
between
both
Nations
,
and
an
occasion
of
drawing
two
Armies
into
this
Kingdom
,
and
to
incense
the
War
.
My
Lords
,
I
remember
(
if
I
did
not
mis-conceive
,
and
my
memory
misprompt
me
)
my
Lord
said
,
He
could
have
no
occasion
to
incense
a
War
,
being
a
man
of
an
Estate
,
and
should
have
no
benefit
by
it
,
having
sufficient
to
live
without
it
:
but
in
due
time
I
shall
make
it
appear
,
to
my
apprehension
,
and
I
believe
to
your
Lordships
,
when
you
have
heard
it
,
that
the
incensing
of
this
War
,
and
provoking
of
it
,
was
the
principal
instrument
of
bringing
to
pass
his
design
of
subverting
the
Laws
,
through
the
whole
work
of
it
.
My
Lords
,
in
the
passage
of
this
,
he
takes
occasion
to
speak
of
the
testimony
of
Mr.
Secretary
Vane
,
who
testifies
,
That
my
Lord
was
for
an
offensive
,
and
himself
for
a
defensive
War
:
Whence
my
Lord
argues
,
here
is
no
great
difference
,
for
both
were
for
a
War
:
But
my
Lord
,
Is
there
no
difference
between
an
offensive
and
defensive
War
,
in
case
of
Subjects
that
live
under
one
King
?
is
there
no
difference
to
bring
an
Army
to
offend
them
,
and
for
the
King
to
raise
a
force
to
defend
himself
?
truly
I
think
there
is
a
great
difference
,
and
a
very
material
one
too
:
but
your
Lordships
see
he
makes
no
difference
between
them
.
My
Lords
,
In
the
four
and
twentieth
Article
he
mentions
,
That
he
is
charged
with
being
an
occasion
to
break
the
Parliament
,
and
lays
hold
of
that
,
as
in
the
other
Articles
,
That
it
was
not
proved
,
but
declined
.
My
Lords
,
when
he
shall
hear
the
repetition
of
the
Evidence
,
though
part
of
the
Article
was
not
particularly
insisted
upon
,
yet
I
believe
it
will
appear
to
your
Lordships
,
and
the
world
,
that
he
was
the
occasion
of
breaking
the
last
Parliament
,
and
it
is
expresly
proved
by
witnesses
enough
;
and
though
he
says
,
How
should
any
body
think
him
an
occasion
of
it
,
that
did
so
often
advise
Parliaments
?
yet
I
shall
shew
anon
,
that
when
he
did
advise
them
,
it
was
to
compass
his
own
Design
and
Plot
,
without
which
,
his
ends
could
not
be
brought
to
pass
.
He
came
from
the
Four
and
twentieth
Article
,
to
the
Seven
and
twentieth
,
and
he
answers
against
that
Article
,
That
when
Armies
are
in
the
field
,
men
cannot
walk
so
peaceably
,
as
an
Attorney
with
his
Box
and
Papers
in
Westminster-Hall
.
I
know
not
what
he
means
;
but
when
two
Armies
are
in
the
field
,
they
may
raise
War
against
the
Kings
people
,
as
well
as
the
King
for
his
just
defence
;
it
is
the
way
to
make
his
people
terrified
with
Armies
,
and
to
avoid
them
as
a
Serpent
,
and
therefore
it
is
a
dangerous
aspersion
,
as
I
conceive
.
With
these
he
concluded
,
except
some
things
that
he
took
,
by
way
of
artificial
insinuation
,
to
perswade
your
Lordships
,
That
it
was
dangerous
to
raise
a
Treason
that
had
lain
asleep
,
I
know
not
how
many
hundred
years
,
and
create
a
Treason
.
A
strange
thing
indeed
it
is
,
That
a
man
shall
be
charged
with
a
Treason
for
subverting
the
Law
!
A
strange
thing
that
one
should
be
charged
with
Treason
for
killing
a
Justice
sitting
in
the
Seat
of
Justice
,
and
yet
it
should
be
no
Treason
to
destroy
King
,
and
Kingdom
,
and
people
,
and
all
;
all
which
are
destroyed
,
if
the
Law
be
subverted
.
And
now
having
touched
upon
what
he
hath
spoken
,
with
your
Lordships
good
favour
,
I
shall
crave
leave
to
run
the
course
I
have
propounded
with
my self
:
and
that
very
briefly
;
that
is
,
upon
the
whole
matter
,
to
shew
how
far
the
Evidence
,
produced
on
the
Commons
part
,
doth
prove
the
Charge
.
My
Lords
,
That
laid
to
his
charge
,
is
a
design
and
purpose
to
subvert
the
fundamental
Laws
of
two
kingdoms
,
and
to
introduce
an
Arbitrary
and
Tyrannical
Government
;
not
that
he
did
effect
it
,
but
that
he
did
intend
it
:
for
if
he
had
done
it
,
it
had
been
too
late
to
question
it
,
he
had
left
no
rule
whereby
to
call
him
to
Tryal
;
but
his
intention
and
his
endeavour
are
his
charge
.
My
Lords
,
How
far
this
is
proved
,
if
your
Lordships
be
pleased
to
call
to
mind
the
Articles
and
the
Evidences
produced
on
the
Commons
part
,
your
Lordships
will
find
,
I
believe
,
that
his
Words
,
his
Counsels
,
and
his
Actions
,
do
sufficiently
prove
his
endeavouring
to
destroy
.
In
the
first
Article
,
where
my
Lord
of
Strafford
hath
the
first
opportunity
offered
him
to
put
this
endeavour
in
execution
(
that
is
the
first
place
of
eminency
amongst
his
other
Places
and
Commands
,
which
I
take
it
,
was
his
being
made
President
of
the
North
)
he
is
no
sooner
there
,
but
there
be
instructions
procured
to
enable
him
to
proceed
in
that
Court
,
almost
in
all
Causes
;
for
a
man
can
scarce
think
of
a
Cause
,
which
is
not
comprehended
within
the
Instructions
obtained
after
his
coming
thither
:
but
I
shall
put
your
Lordship
in
mind
of
two
clauses
of
the
Instructions
procured
in
the
Eighth
year
of
this
King
,
and
after
he
was
President
;
that
is
,
the
clause
of
Habeas
Corpus
,
and
Prohibitions
;
that
no
man
should
obtain
a
Prohibition
,
to
stay
any
Suit
that
should
be
commenced
before
him
,
in
the
Council
of
York
;
That
if
any
man
should
be
imprisoned
by
any
Process
out
of
that
Court
,
he
must
have
no
Habeas
Corpus
.
A
Prohibition
is
the
only
means
to
vindicate
the
estate
of
the
Subject
,
if
it
be
questioned
without
Authority
.
A
Habeas
Corpus
is
the
only
means
to
vindicate
his
Liberty
,
if
he
be
detained
without
Law
:
but
these
doors
must
be
shut
against
the
Kings
Subjects
,
that
if
either
they
be
questioned
,
or
restrained
before
him
,
there
must
be
no
relief
.
How
far
he
could
go
further
I
am
to
seek
,
there
being
no
means
for
the
Subject
to
relieve
himself
,
if
he
be
questioned
for
his
Estate
without
authority
;
no
means
to
redeem
himself
,
if
his
person
be
imprisoned
without
Law
.
And
he
had
so
incircled
himself
about
,
that
if
the
Judges
should
find
the
party
that
returns
not
the
Habeas
Corpus
,
according
to
Law
,
there
was
a
Power
,
and
a
Warrant
,
by
the
Instructions
,
to
the
Barons
,
to
discharge
the
Officers
of
that
Fine
.
And
now
I
refer
it
to
your
Lordships
judgements
,
Whether
this
be
not
to
draw
an
Arbitrary
Power
to
himself
.
For
the
execution
of
this
Power
,
it
is
true
,
it
is
proved
to
be
before
the
instructions
in
the
eighth
year
of
the
King
;
but
then
it
riseth
the
more
in
judgement
against
him
;
for
your
Lordships
have
heard
how
he
went
into
a
grave
Judges
Chamber
,
blaming
him
for
giving
way
to
a
Prohibition
,
granting
Attachments
against
one
that
moved
for
a
Prohibition
;
and
though
this
was
done
before
the
Instructions
were
granted
,
yet
the
Instructions
coming
at
the
heels
of
it
,
sheweth
his
disposition
and
resolution
more
clearly
,
for
he
acts
it
first
,
and
then
procures
this
colour
to
protect
it
:
and
though
he
pretends
there
was
no
proof
,
yet
I
must
put
your
Lordships
in
mind
,
that
when
these
things
were
in
question
,
concerning
the
apprehension
of
a
Knight
,
by
a
Sergeant
at
Arms
,
he
kneels
to
His
Majesty
,
That
this
defect
might
be
supplyed
,
and
this
jurisdiction
maintained
,
else
he
might
goe
to
his
own
Cottage
.
And
here
being
the
just
commencement
of
his
greatness
,
if
you
look
to
the
second
,
it
follows
,
That
at
the
publick
Assizes
he
declared
,
That
some
were
all
for
Law
,
but
they
should
find
the
Kings
little
finger
heavier
than
the
loins
of
the
Law
.
He
did
not
say
it
was
so
,
but
he
infused
it
as
much
as
he
could
into
the
hearts
of
the
Kings
people
,
that
they
should
find
it
so
;
and
so
he
reflects
upon
the
King
,
and
upon
his
people
;
the
words
are
proved
:
And
to
speak
them
in
such
a
presence
,
and
at
such
a
time
,
before
the
Judges
and
Countrey
assembled
,
they
were
so
dangerous
,
and
so
high
expressions
of
an
intention
to
counsel
the
King
,
or
act
it
himself
,
to
exercise
an
Arbitrary
Government
,
above
the
weight
of
the
Law
,
as
possibly
could
be
exprest
by
words
.
And
this
is
proved
by
five
witnesses
,
and
not
disproved
,
nor
is
any
colour
of
disproof
offered
,
but
only
by
Sir
William
Penniman
,
who
says
,
he
heard
other
words
,
but
not
that
he
heard
not
these
words
,
If
he
doth
,
he
must
give
me
leave
not
to
believe
him
;
for
five
affirmations
will
weigh
down
the
proof
of
a
thousand
negatives
.
He
stays
not
long
in
England
with
this
power
(
though
while
he
stays
,
you
hear
how
he
vexes
the
Subject
)
but
then
he
goes
into
Ireland
,
and
as
his
authority
increases
,
so
he
ampliates
his
design
;
and
no
sooner
is
he
there
,
but
the
third
Article
is
laid
to
his
charge
;
That
when
the
City
and
Recorder
of
Dublin
,
the
principal
City
of
Ireland
,
presented
the
Mayor
,
upon
a
solemn
Speech
and
Discourse
concerning
the
Laws
and
Liberties
(
as
your
Lordships
know
that
is
the
subject
matter
of
a
Speech
at
such
presentments
,
as
when
the
Lord
Mayor
of
London
is
presented
to
the
King
)
I
beseech
your
Lordship
,
observe
the
words
he
then
used
,
They
were
a
conquered
Nation
,
and
that
we
lay
not
to
his
charge
,
but
they
were
to
be
governed
as
the
King
pleases
,
their
Charters
were
nothing
worth
,
and
bind
but
during
the
Kings
pleasure
.
I
am
to
seek
,
if
I
were
to
express
an
Arbitrary
Power
,
and
Tyrannical
Government
,
how
to
express
it
in
finer
words
,
and
more
significant
terms
than
these
,
That
the
people
shall
be
governed
at
the
Kings
Will
,
that
their
Charters
,
the
sinews
and
ligatures
of
their
Liberties
,
Lands
,
and
Estates
,
should
be
nothing
worth
,
and
bind
no
longer
than
the
Kings
pleasure
,
especially
being
spoken
upon
such
an
occasion
,
and
the
words
proved
by
two
or
three
Witnesses
of
credit
and
quality
.
From
thence
we
descend
to
Articles
,
that
shew
the
execution
of
his
purpose
.
There
are
three
things
a
man
enjoys
by
the
protection
of
the
Law
;
that
is
,
his
Life
,
his
Liberty
,
and
his
Estate
.
And
now
,
my
Lords
,
observe
how
he
invades
,
and
exercises
a
Tyrannical
Jurisdiction
,
and
Arbitrary
Government
over
them
all
three
.
I
shall
begin
with
the
fifth
Article
,
that
is
concerning
my
Lord
Mountnorris
and
Denwit
.
My
Lord
Mountnorris
,
a
Peer
of
that
Realm
,
was
sentenced
to
death
by
procurement
of
my
Lord
of
Strafford
;
who
,
howsoeve
he
pretends
himself
not
to
be
a
Judge
in
the
cause
,
yet
how
far
he
was
an
Abettor
,
and
Procurer
,
and
Countenancer
,
and
drawer
on
of
that
Sentence
,
your
Lordships
very
well
remember
;
he
was
sentenced
to
death
without
Law
,
for
speaking
words
at
a
private
Table
,
God
knows
,
of
no
manner
of
consequence
in
the
world
,
concerning
the
treading
upon
my
Lord
of
Strafford'
s
Toe
;
the
Sentence
procured
seven
months
after
the
words
spoken
,
and
contrary
to
Law
,
and
himself
being
put
in
mind
of
it
,
my
Lord
Mountnorris
desiring
to
have
the
benefit
of
the
Law
,
and
yet
he
refusing
it
.
And
then
it
was
in
time
of
Peace
,
when
all
the
Courts
of
Justice
were
open
,
and
to
sentence
a
man
to
death
of
that
quality
,
my
Lord
of
Strafford
himself
being
present
,
an
author
,
a
drawer
on
of
it
,
makes
it
very
hainous
.
Your
Lordships
remember
this
Article
was
fully
proved
,
and
though
he
pretends
His
Authority
by
a
Letter
from
His
Majesty
,
I
shall
in
due
time
give
a
full
answer
to
that
,
so
that
it
shall
rise
up
in
judgement
against
him
,
to
aggravate
his
offence
,
and
that
in
a
great
measure
.
Here
he
exercises
a
Power
over
Life
,
his
excuse
was
,
That
he
procured
a
Pardon
from
my
Lord
Mountnorris
,
but
the
Power
was
exercised
,
and
the
Tyranny
appeared
to
be
the
more
;
He
would
first
sentence
him
to
death
,
and
then
rejoyce
in
his
Power
,
that
he
might
say
,
There
remains
no
more
but
my
command
to
the
Provost
Marshal
to
do
execution
.
To
exercise
a
power
over
his
life
,
and
to
abuse
him
afterwards
,
is
very
high
;
but
no
thanks
to
him
that
the
sentence
of
death
was
not
executed
,
it
was
the
Grace
and
Goodness
of
His
Majesty
,
that
would
not
suffer
my
Lord
Mountnorris
,
a
person
of
that
Eminence
,
to
be
put
to
death
against
Law
.
But
the
other
was
hanged
,
and
as
appears
,
against
Law
;
and
though
my
Lord
pretends
the
party
was
burnt
in
the
hand
,
yet
that
was
not
proved
,
nor
material
:
and
for
him
to
do
this
in
time
of
Peace
,
when
the
Courts
of
Justice
were
open
,
it
argues
a
desire
in
his
Breast
,
to
arrogate
a
Power
above
Law
.
And
in
truth
I
may
not
omit
some
observations
that
my
Lord
made
this
day
;
He
hopes
His
Majesty
would
be
pleased
to
grant
him
a
Pardon
.
I
perceive
he
harboured
in
this
thoughts
,
that
he
might
hang
the
Kings
Subjects
when
he
would
,
and
then
get
a
Pardon
of
course
for
it
.
The
Lord
bless
me
from
his
jurisdiction
.
My
Lords
,
give
me
leave
to
goe
back
again
,
here
is
Power
over
the
Lives
and
Liberties
of
the
Subject
;
but
he
exercised
likewise
a
Tyrannical
Power
over
his
Estate
.
Your
Lordships
may
be
pleased
to
remember
the
fourth
Article
,
where
he
judges
my
Lord
of
Cork's
Estate
,
in
neither
Church-land
,
nor
Plantation-land
,
and
therefore
had
no
pretence
of
a
Jurisdiction
;
for
it
is
a
Lay
Fee
divolved
by
Act
of
Parliament
to
the
Crown
;
yet
he
deprives
him
of
his
possession
,
which
he
had
continued
for
Twenty
nine
years
,
upon
a
Paper-Petition
,
without
rules
of
Law
.
And
whereas
my
Lord
of
Cork
went
about
to
redeem
himself
(
the
Law
being
every
man's
inheritance
,
and
that
which
he
ought
to
enjoy
)
he
tels
him
,
He
will
lay
him
by
the
heels
,
if
he
withdraw
not
his
Process
:
and
so
when
he
hath
judged
him
against
an
express
Act
of
Parliament
,
and
Instructions
,
and
bound
up
a
great
Peer
of
the
Realm
,
he
will
not
suffer
him
to
redeem
that
wrong
,
without
a
threat
of
laying
him
by
the
heels
,
and
he
will
not
have
Law
nor
Lawyers
question
his
Orders
,
and
would
have
them
all
know
,
an
Act
of
State
should
be
equal
to
an
Act
of
Parliament
:
which
are
words
of
that
nature
,
that
higher
cannot
be
spoken
,
to
declare
an
intention
to
proceed
in
an
Arbitrary
way
.
The
next
was
in
my
Lord
Mountnorris
his
Case
,
and
Rolstone
.
And
here
I
must
touch
my
Lord
with
misrepetition
.
Rolstone
preferred
a
Petition
to
my
Lord
Deputy
,
my
Lord
Deputy
himself
judges
his
Estate
,
and
deprived
him
of
his
possession
,
though
he
cannot
produce
so
much
as
one
example
,
or
precedent
(
though
if
he
had
,
it
would
not
have
warranted
an
illegal
action
)
but
he
cannot
produce
a
precedent
,
that
ever
any
Deputy
did
determine
concerning
a
mans
private
Estate
;
and
if
he
hath
affirmed
it
,
he
proved
it
not
:
some
Petitions
have
been
preferred
to
him
,
but
what
they
be
non
constat
.
But
though
never
any
knew
the
Deputy
alone
to
determine
matters
of
Land
,
yet
he
did
it
.
To
the
Seventh
Article
we
produce
no
Evidence
;
but
my
Lord
of
Strafford
cannot
be
content
with
that
,
but
he
must
take
upon
him
to
make
defence
for
that
which
is
not
insisted
upon
as
a
charge
;
but
since
he
will
do
so
,
I
refer
it
to
the
Book
in
print
,
where
he
determines
the
Inheritance
of
a
Nobleman
in
that
Kingdom
,
that
is
,
my
Lord
Dillon
,
by
a
Case
falsly
drawn
,
and
contrary
to
his
consent
;
and
though
he
deprives
him
not
of
his
possession
;
yet
he
causes
the
Land
to
be
measured
out
,
and
it
is
a
danger
that
hangs
over
his
head
to
this
day
.
And
had
we
not
known
that
we
had
matter
enough
against
my
Lord
of
Strafford
,
this
should
have
risen
in
judgement
against
him
;
but
I
had
not
mentioned
it
now
,
if
he
had
not
mentioned
it
himself
.
The
Eighth
Article
contains
several
charges
,
as
that
of
my
Lord
Chancellor
,
How
he
imprisoned
him
upon
a
Iudgement
before
himself
and
the
Council
,
how
he
inforced
the
Seal
from
him
when
he
had
no
authority
;
nay
,
though
it
were
excepted
by
his
Patent
,
that
he
should
no
way
dispose
of
it
;
but
he
looked
not
to
Authority
,
further
than
might
make
way
to
his
Will.
Another
concerns
the
prime
Earl
of
that
Kingdom
,
my
Lord
of
Kildare
,
whom
he
imprisoned
,
and
kept
close
prisoner
,
contrary
to
the
Kings
express
command
for
his
deliverance
;
and
in
his
answer
my
Lord
acknowledges
it
,
but
sayes
,
That
that
command
was
obtained
from
the
King
upon
a
mis-information
.
These
things
I
would
not
have
mentioned
,
if
he
had
passed
them
over
;
but
since
he
gives
them
in
,
give
me
leave
to
mention
and
say
,
we
had
a
ground
to
put
them
into
Charge
,
and
could
have
proved
them
,
if
there
had
been
need
,
punctually
and
expresly
,
and
I
believe
,
little
to
my
Lords
advantage
.
But
your
Lordships
,
I
think
,
do
remember
my
Lady
Hibbots
Case
,
where
the
Lady
Hibbots
contracts
with
Thomas
Hibbots
for
his
Inheritance
,
for
2500
l.
executes
the
Contract
by
a
Deed
,
and
Fine
levied
,
deposits
part
of
the
Money
,
and
when
a
Petition
was
exhibited
to
the
Lord
Deputy
and
Council
for
the
very
Estate
,
your
Lordships
remember
how
this
came
in
judgment
before
my
Lord
Deputy
;
there
was
but
a
Petition
delivered
,
there
was
an
answer
made
,
and
all
the
suggestions
of
the
Petition
denied
;
yet
my
Lord
spake
to
Hibbots
himself
,
that
was
willing
to
accept
the
Money
,
not
to
decline
the
way
that
he
was
in
by
Petition
,
Five
hundred
pound
more
will
do
him
no
hurt
to
carry
into
England
with
him
:
and
yet
,
without
examination
of
a
Witness
,
a
Decree
was
made
to
deprive
this
Lady
of
her
Estate
:
and
the
purchasing
of
this
Land
by
my
Lord
of
Strafford
,
was
proved
by
two
Witnesses
,
though
not
absolutely
,
yet
by
confession
of
Sir
Robert
Meredith
and
others
,
whose
names
were
used
in
Trust
for
my
Lord
of
Strafford
,
and
that
it
proved
according
to
my
Lord
of
Straffords
Prophecy
;
for
the
man
had
five
hundred
pounds
gain
above
the
Contract
with
my
Lady
Hibbots
.
But
after
the
Lands
were
sold
for
Seven
thousand
pounds
:
so
that
the
Lady
Hibbots
offence
was
her
making
of
a
bargain
,
whereby
to
gain
Five
hundred
pounds
;
but
there
was
no
offence
in
my
Lord
,
to
make
a
bargain
for
Three
thousand
pounds
,
and
to
gain
Four
thousand
pounds
presently
:
this
you
see
proved
by
Hibbots
the
party
,
and
by
Mr.
Hoy
,
the
Son
of
the
Lady
Hibbots
,
So
that
here
is
a
determination
of
a
Cause
before
the
Council-Table
,
touching
Land
,
which
was
neither
Plantation
,
nor
Church-Land
,
without
colour
of
the
Instructions
,
contrary
to
Law
,
to
Statute
,
to
Practice
;
and
if
this
be
not
an
exercising
of
an
unlawful
jurisdiction
over
the
Land
and
Estates
of
the
Subject
,
I
know
not
what
is
.
In
his
answer
to
this
case
he
did
open
it
(
yet
whether
he
mistook
or
no
I
know
not
)
that
he
had
a
Letter
from
the
King
,
but
he
produces
none
in
evidence
;
and
that
is
another
mis-recital
.
I
am
sorry
he
should
mis-recite
,
and
fix
it
upon
the
Person
of
His
Sovereign
in
a
case
of
this
nature
.
Now
he
falls
more
immediately
upon
the
liberty
of
the
Subject
,
and
that
is
by
the
Warrant
mentioned
in
the
Ninth
Article
,
to
be
issued
to
the
Bishop
of
Down
and
Conner
,
whereby
he
gives
power
to
him
and
his
Officers
,
to
apprehend
any
of
the
Kings
Subjects
that
appeared
not
upon
Process
out
of
his
Ecclesiastical
Courts
,
expresly
contrary
to
Law
;
and
your
Lordships
have
heard
how
miserably
the
Kings
Subjects
were
used
by
this
Warrant
,
as
hath
been
proved
by
a
Gentleman
of
Quality
,
Sir
Iames
Mountgomery
:
And
howsoever
he
pretends
it
was
called
in
,
it
was
three
whole
years
in
execution
,
before
it
was
called
in
;
and
though
he
pretends
his
Predecessors
did
ordinarily
grant
Warrants
of
that
nature
,
yet
he
proves
no
such
thing
.
My
Lord
Primate
was
examined
,
and
he
says
,
that
Bishop
Mountgomery
did
tell
him
there
was
such
a
Warrant
,
and
one
Witness
more
speaks
of
one
Warrant
,
and
that
is
all
the
Witnesses
produced
,
and
that
but
to
be
a
Copy
too
.
Your
Lordships
have
heard
how
he
exercises
his
jurisdiction
and
power
over
particulars
,
and
that
in
a
numerous
manner
;
now
your
Lordships
shall
find
it
universal
,
and
spread
over
the
face
of
that
Kingdom
that
was
under
his
jurisdiction
,
and
that
is
in
the
tenth
Article
,
which
concerns
the
Customs
:
where
he
doth
impose
upon
the
Kings
Subjects
a
Rate
and
Tax
against
Law
,
and
enforces
them
to
pay
it
,
or
else
punishes
them
for
it
;
which
is
expresly
an
arrogating
to
himself
of
a
jurisdiction
above
the
Law
.
My
Lords
,
in
his
answer
he
pretends
that
this
is
rather
a
matter
of
fraud
than
otherwise
:
in
truth
and
so
it
is
,
and
that
a
great
one
too
.
But
as
it
is
a
fraud
,
a
dis-service
,
and
deceit
to
His
Majesty
,
so
it
is
likewise
an
exercise
of
a
Tyrannical
Jurisdiction
over
his
Subjects
.
That
it
is
a
fraud
to
His
Majesty
,
it
plainly
appears
,
for
the
King
lost
exceedingly
by
it
;
whereas
before
the
Rent
afforded
the
King
was
11050.
l.
there
was
improved
by
the
new
Lease
,
that
my
Lord
of
Strafford
took
but
1350
l.
and
I
beseech
your
Lordships
observe
how
much
the
King
lost
by
it
;
for
my
Lord
had
comprehended
in
his
new
Lease
the
Impost
of
Wine
,
for
which
the
King
before
that
time
received
1400
l.
a
year
;
and
likewise
the
Custom
of
London-derry
,
Colerane
,
and
Knockfergus
,
for
which
the
King
had
reserved
1700
l.
a
year
,
besides
the
moity
of
the
seizures
:
so
here
is
5000
l.
that
the
King
lost
of
the
old
Rent
expresly
:
and
if
your
Lordships
please
,
observe
the
gain
and
benefit
my
Lord
of
Strafford
made
by
it
;
in
one
year
he
and
his
sharers
received
39000
l.
and
in
the
last
year
51000
l.
and
that
expresly
proved
upon
two
accounts
:
and
if
this
be
his
dealing
,
where
is
his
service
to
the
King
in
his
pretence
to
advance
the
Customs
?
It
is
true
,
he
says
,
The
King
hath
five
eighth
parts
,
but
it
was
but
within
these
two
years
,
the
King
had
it
not
before
.
And
I
would
very
gladly
have
heard
whether
the
King
received
his
part
of
an
account
of
55000
l.
if
he
had
received
it
,
I
believe
we
should
have
heard
of
it
.
My
Lords
,
There
is
something
more
;
here
is
a
new
imposition
on
the
Kings
people
without
Law
,
and
yet
I
will
do
my
Lord
of
Strafford
no
injury
:
but
I
tell
you
how
the
proof
stands
;
It
was
a
Book
of
Rates
framed
before
he
came
to
the
farm
,
for
the
Book
of
Rates
was
in
March
,
and
the
Date
of
his
Assignment
was
in
April
following
;
and
therefore
my
Lord
saith
,
It
could
not
be
for
his
benefit
.
But
,
my
Lords
,
all
this
while
my
Lord
of
Strafford
was
in
England
,
and
in
agitation
for
the
procuring
of
it
,
and
they
come
one
upon
the
heels
of
another
,
and
I
beseech
you
observe
cui
bono
;
the
Book
of
Rates
was
procured
within
a
month
of
the
Patent
,
but
God
knows
whether
it
were
not
within
the
compass
of
his
intentions
to
take
the
Patent
;
and
therefore
whether
he
were
not
the
Instrument
of
raising
Rates
,
it
rests
in
your
Lordships
judgement
,
and
all
that
hear
me
;
I
am
sure
the
benefit
redounded
to
himself
:
and
so
here
is
an
Arbitrary
Government
in
imposing
and
forcing
to
pay
,
for
that
I
desire
your
Lordships
to
take
with
you
;
and
he
might
as
well
have
raised
nineteen
shillings
on
a
pound
,
as
nine
pence
or
three
pence
,
by
the
same
rule
of
Law
.
The
next
Article
in
number
was
the
Eleventh
,
and
I
would
be
glad
my
Lord
had
not
mentioned
it
;
it
concerns
the
Pipe-staves
,
wherein
he
pretends
he
did
the
King
great
service
,
and
that
,
he
sayes
,
was
the
reason
of
our
passing
over
it
:
but
that
was
not
the
reason
;
it
had
been
a
foul
business
if
we
had
opened
it
;
but
having
enough
besides
,
we
made
not
use
of
it
:
for
the
substance
of
the
proofs
by
multiplicity
of
Witnesses
had
been
,
that
the
parties
themselves
that
bought
the
Pipe-staves
for
four
pound
odd
money
,
were
fain
to
sell
them
to
his
Instruments
for
six
pounds
,
and
after
to
buy
them
again
for
ten
pounds
,
else
there
must
be
no
Licence
to
export
them
:
but
that
I
would
not
have
mentioned
,
if
he
had
let
it
slip
over
.
I
come
to
the
Twelfth
Article
,
and
that
is
concerning
the
Tobacco
,
wherein
he
pretends
the
Kings
service
,
and
if
my
memory
fail
me
not
,
the
desire
of
the
Parliament
,
that
he
should
take
this
into
his
hands
for
the
King
.
My
Lords
,
Therein
,
under
his
favour
,
he
hath
mis-recited
the
Evidence
,
and
spoken
that
he
cannot
justify
;
for
he
can
shew
no
such
desire
of
the
Parliament
.
It
is
true
,
there
was
a
desire
of
the
Parliament
,
that
the
King
would
be
pleased
to
take
his
Customs
into
his
hands
,
for
the
advancement
of
his
Revenue
,
that
it
might
go
to
maintain
himself
,
and
he
might
not
be
abused
,
and
others
live
by
it
;
but
to
take
the
Tobacco
into
his
hands
,
he
never
did
,
nor
can
produce
a
witness
to
prove
such
their
desire
;
and
therefore
,
under
favour
,
he
fixes
a
wrong
upon
the
Parliament
,
and
injures
your
Lordships
by
his
reciting
that
he
neither
did
nor
can
make
good
;
for
there
was
no
such
thing
.
But
if
you
observe
the
course
he
takes
,
he
makes
Proclamation
to
hinder
the
importing
of
Tobacco
into
Ireland
;
that
if
it
be
imported
,
it
must
be
sold
to
him
at
his
own
rate
;
and
by
this
means
he
first
hinders
the
liberty
of
the
Subject
from
doing
what
the
Law
allows
him
,
and
so
takes
on
him
an
Arbitrary
Power
;
And
Secondly
,
he
ingrosses
this
commodity
to
himself
,
deceiving
His
Majesty
,
to
whom
he
professeth
so
much
fidelity
;
for
whereas
there
is
5000
l.
Rent
to
the
King
,
he
,
by
the
computation
of
Merchants
,
receives
near
14000
l.
a
year
:
And
because
their
computations
are
not
always
true
,
I
do
not
care
if
I
allow
him
40000
l.
mistaken
,
and
then
he
will
gain
near
100000
l.
so
that
if
he
intends
the
Kings
benefit
,
it
is
wonder
he
told
not
His
Majesty
of
the
great
profit
that
might
thereby
have
risen
,
and
let
him
partake
of
it
,
as
in
Justice
he
should
have
done
,
according
to
the
Trust
reposed
in
him
:
but
you
have
heard
of
no
such
matter
.
And
surely
my
Lord
of
Strafford
would
not
have
omitted
it
,
if
it
had
been
for
his
advantage
,
especially
in
this
presence
,
where
he
omits
nothing
to
clear
himself
,
or
to
insinuate
with
His
Majesty
.
Now
I
come
to
the
Thirteenth
Article
,
the
Article
concerning
Flax
,
which
I
know
is
fresh
in
your
Lordships
memories
,
and
I
believe
will
be
so
in
the
memories
of
the
Subjects
of
Ireland
for
many
years
,
how
he
ingrossed
it
into
his
hands
,
and
interrupted
the
Trade
of
the
poor
People
,
whereby
such
miseries
and
calamities
befell
many
of
that
Nation
,
that
as
you
have
heard
it
proved
,
thousands
dye
in
ditches
for
want
of
Bread
to
put
in
their
mouths
.
And
whereas
he
pretends
that
this
was
proved
but
by
one
witness
,
and
that
man
to
be
imprisoned
,
and
of
no
credit
,
though
he
was
his
own
instrument
;
your
Lordships
remember
Sir
Iohn
Clotworthy
his
testimony
,
and
anothers
,
and
his
own
Warrant
produced
,
and
acknowledged
here
to
justify
the
execution
of
it
,
and
such
a
thing
was
thereby
taken
into
his
own
hands
,
that
I
profess
I
never
heard
the
like
,
that
the
poor
people
should
be
constrained
to
use
their
own
as
he
pleased
,
and
that
pleasing
of
himself
laid
an
impossibility
on
the
people
to
execute
his
pleasure
,
which
was
a
bondage
exceeding
that
of
the
Israelites
under
the
Egyptians
;
for
there
was
not
laid
so
much
upon
the
Children
of
Israel
,
but
there
was
a
possibility
to
perform
;
they
might
with
much
labour
perchance
get
stubble
to
burn
their
Brick
,
but
the
Natives
here
must
have
a
charge
laid
upon
them
without
possibility
to
perform
,
and
the
disobedience
must
cost
them
no
less
than
the
loss
of
their
Goods
,
which
drew
with
it
even
the
loss
of
their
lives
for
want
of
bread
.
This
was
not
proved
by
only
one
witness
,
but
by
many
.
And
your
Lordships
remember
the
remonstrance
of
that
Parliament
of
Ireland
,
which
declares
it
to
a
greater
height
than
I
have
opened
it
.
The
Fifteenth
Article
,
is
that
of
Levying
War
upon
the
Kings
Subjects
,
expresly
within
the
Statute
of
25
Edw.
3.
and
18
H.
6.
Your
Lordships
have
heard
the
Warrant
proved
by
the
party
himself
,
to
whom
it
was
directed
;
whereby
Power
was
given
to
lay
Soldiers
upon
any
party
,
that
did
not
obey
my
Lord
of
Straffords
Orders
at
the
Council
Table
,
but
not
to
circumscribe
him
to
a
certain
number
;
but
the
Sergeant
at
Arms
and
his
Ministers
,
might
lay
as
many
as
they
would
.
It
is
true
,
this
Warrant
was
not
it self
produced
,
but
a
copy
was
offered
,
which
was
not
read
;
and
therefore
I
will
not
offer
it
to
be
proved
,
but
the
party
that
executed
the
Warrant
it self
,
proves
it
to
be
under
the
Hand
and
Seal
of
my
Lord
of
Strafford
,
he
proves
the
express
authority
of
it
,
which
was
to
the
effect
I
opened
;
three
or
four
more
,
who
saw
and
read
it
,
proved
the
same
:
and
that
it
was
under
the
Hand
and
Seal
of
my
Lord
of
Strafford
,
that
accordingly
it
was
executed
upon
divers
of
the
King's
Subjects
;
it
was
proved
by
three
witnesses
expresly
in
the
point
,
how
by
colour
of
this
Warrant
the
Sergeant
at
Arms
,
and
his
Officers
,
sent
Soldiers
to
lye
in
the
Houses
and
Lands
of
the
Kings
Subjects
;
how
the
Owners
were
thereby
forced
out
from
their
own
Habitation
;
how
their
Goods
were
wasted
and
devoured
,
their
Corn
and
Victuals
eaten
up
,
and
the
Soldiers
never
left
them
,
as
long
as
any
part
of
their
Estates
remained
to
maintain
them
.
My
Lord
of
Straffords
defence
is
,
That
it
hath
been
used
before
his
time
in
Ireland
;
wherein
he
hath
again
mis-recited
;
for
he
did
not
offer
a
proof
,
nor
a
particle
of
a
proof
,
that
ever
any
man
did
know
Soldiers
laid
upon
any
party
,
for
refusing
to
appear
to
a
Warrant
,
or
for
other
contempt
at
Council-Table
,
before
himself
did
it
;
but
he
offered
to
prove
,
That
formerly
Soldiers
were
sent
against
Rebels
,
and
that
after
they
were
declared
to
be
Rebels
,
and
that
justly
too
;
and
he
proved
an
use
and
custom
to
force
men
to
pay
Contribution-money
,
due
to
the
King
,
but
that
was
by
consent
of
the
people
,
who
granted
a
Contribution
of
20000
l.
a
year
,
for
increase
of
the
Kings
Revenue
;
and
that
it
might
not
be
upon
Record
in
the
Exchequer
,
and
so
claimed
as
due
in
time
to
come
,
they
consented
,
that
Soldiers
should
be
laid
upon
them
that
refused
it
;
and
the
word
(
Consent
)
is
within
the
Statute
of
18
H.
6.
Again
,
did
he
prove
all
manner
of
Rents
were
levied
by
Soldiers
?
no
such
thing
;
but
such
Rents
as
were
designed
for
the
payment
of
the
Army
:
he
proved
by
Sir
Arthur
Terringham
,
the
laying
of
Soldiers
once
for
the
payment
of
a
fum
of
Money
;
but
Sir
Arthur
being
demanded
whether
it
were
the
King's
Rents
,
or
comprehended
within
the
same
general
Rule
,
he
could
make
no
answer
thereunto
.
Your
Lordships
remember
,
he
says
He
did
not
know
it
,
and
therefore
probably
it
was
the
Kings
Rents
;
and
doubtless
it
was
so
.
But
if
he
had
produced
Precedents
,
it
could
not
be
an
authority
for
Treason
,
that
if
people
did
not
appear
to
his
Orders
,
he
must
levy
War
against
the
Kings
Subjects
;
and
for
his
extenuation
of
the
War
,
that
the
same
was
of
no
great
danger
,
there
being
not
above
five
or
six
Soldiers
laid
at
a
time
.
I
would
to
God
,
the
people
oppressed
by
it
,
had
cause
to
undervalue
it
:
I
am
sure
four
or
six
Musquetiers
are
as
strong
to
oppress
a
man
,
as
four
thousand
;
so
the
matter
of
Fact
is
strongly
and
expresly
proved
.
Besides
,
though
there
came
not
above
four
or
five
to
a
house
,
yet
the
authority
given
to
the
Sergeant
was
general
;
he
might
have
brought
more
if
he
had
listed
:
and
in
truth
,
he
brought
as
many
as
the
Estate
of
the
party
would
maintain
,
And
as
to
the
not
producing
of
the
Warrant
,
I
have
already
answered
it
.
If
it
were
in
the
case
of
a
Deed
wherein
men
call
for
witnesses
,
it
were
something
;
but
God
forbid
that
the
Treason
should
be
gone
,
and
the
Traitor
not
questionable
,
if
his
Warrant
can
be
once
put
out
of
the
way
.
The
next
Article
which
is
laid
to
his
charge
,
is
,
For
issuing
out
a
Proclamation
,
and
Warrant
of
restraint
,
to
inhibit
the
Kings
Subjects
to
come
to
the
Fountain
,
their
Sovereign
,
to
deliver
their
complaints
of
their
wrongs
and
oppressions
.
Your
Lordships
have
heard
how
he
hath
exercised
his
jurisdiction
,
and
now
he
raises
a
battery
to
secure
and
make
it
safe
.
If
he
do
wrong
,
perhaps
the
complaint
may
come
to
the
Gracious
Ears
of
a
King
,
who
is
ready
to
give
relief
,
and
therefore
he
must
stop
these
cries
,
and
prevent
these
means
,
that
he
may
go
on
without
interruption
;
and
to
that
end
he
makes
Propositions
here
,
That
the
Kings
Subjects
in
Ireland
should
not
come
over
to
make
complaint
against
Ministers
of
State
,
before
an
address
first
made
to
himself
.
It
is
true
,
he
makes
a
fair
pretence
and
shew
for
it
,
and
had
just
cause
of
approbation
,
if
he
intended
what
he
pretended
;
But
as
soon
as
he
came
into
Ireland
,
what
use
made
he
of
it
?
he
ingrosses
the
proceedings
of
almost
all
the
Courts
of
Justice
into
his
own
hands
,
and
so
pre-possesses
the
King
by
a
colourable
proposition
,
and
prevents
their
coming
over
before
they
had
made
their
address
to
himself
,
and
then
he
becomes
the
wrong
doer
,
and
issues
Proclamations
for
the
hindring
of
the
King's
Subjects
to
seek
redress
without
his
leave
;
which
is
as
great
a
proof
of
his
design
,
and
as
great
an
injury
to
the
people
,
governed
under
a
Gracious
Prince
,
as
a
heart
can
conceive
.
And
what
his
intention
was
in
exhibiting
this
Proposition
,
it
will
appear
in
the
sentence
of
a
poor
man
,
one
David
,
who
was
censured
,
and
most
heavily
Fined
for
coming
over
into
England
to
prosecute
complaint
against
my
Lord
of
Strafford
.
It
is
true
,
that
this
was
not
the
cause
expressed
,
but
this
was
the
truth
of
the
matter
.
Your
Lordships
remember
a
clause
in
the
Order
at
Council-Board
,
whereby
is
set
forth
the
cause
wherefore
the
party
is
not
sentenced
,
which
I
never
saw
in
an
order
before
,
nor
should
now
,
but
that
my
Lord
foresaw
there
was
danger
in
it
,
that
he
might
be
charged
in
this
place
for
the
fact
;
and
therefore
puts
in
negatively
,
why
the
party
was
not
censured
.
Clausula
inconsulta
inducit
suspitionem
.
And
how
defends
he
this
Article
?
he
sayes
,
his
predecessors
issued
Proclamations
to
hinder
the
Kings
Subjects
from
going
over
,
lest
they
should
joyn
with
O-Neal
,
and
Tirconnell
beyond
Sea
,
and
so
it
might
be
dangerous
to
the
State
;
but
because
they
may
joyn
with
Foreigners
,
shall
they
therefore
not
come
to
the
King
to
make
just
complaint
?
What
this
argument
is
,
I
refer
to
your
Lordships
judgments
.
Then
he
pretends
a
former
precedent
,
affirming
that
the
like
instructions
were
given
to
my
Lord
of
Faulkland
;
but
was
there
any
,
that
none
should
come
to
their
Sovereign
,
to
make
their
just
appeal
if
injured
?
Surely
there
was
never
any
such
Instruction
before
,
and
I
hope
never
will
be
again
.
The
next
Article
is
the
Nineteenth
:
and
now
when
he
had
so
plentifully
exercised
his
Tyranny
over
the
Lives
,
the
Liberty
,
and
the
Estates
of
the
King's
Subjects
;
A
man
would
think
he
could
go
no
further
:
But
see
a
Tyranny
exercised
beyond
that
,
and
that
is
over
the
Consciences
of
men
:
hitherto
he
dealt
with
the
outward
man
,
and
now
he
offers
violence
to
the
inward
man
,
and
imposes
an
Oath
upon
the
Kings
Subjects
,
and
so
exerciseth
a
Tyranny
over
the
Consciences
of
men
.
And
setting
aside
the
matter
of
the
Oath
,
if
he
hath
authority
and
power
to
impose
such
an
Oath
as
he
shall
frame
,
he
may
by
the
same
power
impose
any
Oath
to
compell
Consciences
.
He
pretends
a
Warrant
from
His
Majesty
to
do
it
,
but
the
Kings
Ministers
are
to
serve
the
King
according
to
Law
;
and
I
dare
be
bold
to
say
(
and
we
have
good
reason
to
thank
God
for
it
)
if
any
of
the
Kings
Ministers
tell
him
,
that
any
Command
he
gives
is
against
Law
,
there
is
no
doubt
but
in
his
Goodness
and
Piety
,
he
will
withdraw
his
Command
,
and
not
enforce
execution
;
and
therefore
if
there
were
an
error
,
the
King
is
free
,
and
the
Ministers
to
be
justly
charged
with
it
.
But
there
was
no
Command
from
the
King
to
compel
and
enforce
them
to
take
the
Oath
by
the
power
of
the
Star-Chamber
,
to
commit
them
to
prison
,
to
impose
heavy
Fines
,
and
tyrannize
over
them
;
all
which
he
did
in
the
Case
of
Steward
.
And
now
one
would
have
thought
he
had
acted
his
part
,
when
he
had
acted
as
much
as
lay
in
his
own
power
;
and
yet
he
goes
beyond
this
,
he
was
not
content
to
corrupt
all
the
streams
(
which
was
not
a
diverting
of
the
course
,
as
he
spoke
in
his
answer
;
for
he
not
only
turned
the
course
of
the
water
,
but
changed
the
nature
of
it
,
converted
it
into
poyson
,
a
legal
and
just
proceeding
into
a
Tyrannical
and
Arbitrary
Government
,
which
is
not
turning
,
but
corrupting
of
the
clear
and
chrystal
streams
to
bitterness
and
death
.
)
But
yet
the
Fountain
remains
clear
,
and
perhaps
when
his
hand
is
taken
off
,
you
shall
have
the
streams
run
as
pure
and
uncorrupt
as
ever
they
did
.
This
is
it
troubles
him
,
remove
but
this
obstacle
,
and
the
work
is
perfect
;
and
therefore
now
he
will
go
about
to
corrupt
the
streams
:
if
he
can
but
infuse
his
poyson
into
the
Kings
heart
,
which
is
the
Fountain
,
then
all
is
done
;
and
now
he
attempts
that
,
and
approacheth
the
Throne
,
endeavours
to
corrupt
the
Kings
Goodness
with
wicked
Counsels
;
but
God
be
thanked
he
finds
there
too
much
Piety
to
prevail
.
And
therefore
the
next
Article
is
that
,
that
charges
him
to
be
an
Incendiary
to
the
War
betwixt
the
two
Kingdoms
:
and
now
I
shall
be
bold
to
unfold
the
mystery
,
and
answer
his
objection
:
To
what
purpose
should
he
be
an
Incendiary
?
were
it
not
better
to
enjoy
his
Estate
in
peace
and
quietness
,
than
have
it
under
danger
of
a
War
?
Now
your
Lordships
shall
have
the
Riddle
discovered
.
The
first
thing
he
doth
after
his
coming
into
England
is
,
to
incense
the
King
to
a
War
,
to
involve
two
Nations
of
one
faith
,
and
under
one
Sovereign
,
to
imbrue
their
hands
in
each
others
Blood
,
and
to
draw
Armies
into
the
field
.
That
he
was
this
Incendiary
,
give
me
leave
to
revive
your
Lordships
memories
with
the
proofs
which
will
make
it
plain
;
and
first
give
me
leave
to
note
unto
your
Lordships
,
that
His
Majesty
,
with
much
wisdom
,
did
in
Iuly
1639.
make
a
pacification
with
His
Subjects
,
and
even
at
the
very
heels
of
this
pacification
,
when
all
things
were
at
peace
,
upon
the
tenth
of
September
,
which
was
the
next
month
but
one
,
your
Lordships
remember
the
Sentence
of
Steward
in
the
Star-Chamber
of
Ireland
,
for
not
taking
the
Oath
;
your
Lordships
may
call
to
mind
the
language
my
Lord
of
Strafford
was
pleased
to
use
to
the
Scots
:
when
all
was
in
quietness
,
he
then
calls
them
no
better
than
Traitors
or
Rebels
,
if
you
will
believe
what
the
witnesse
testifies
,
whom
my
Lord
is
pleased
to
call
a
Schoolmaster
:
And
truly
admit
he
were
so
,
because
he
is
a
Schoolmaster
,
therefore
not
to
be
believed
,
is
a
non
sequitur
.
And
another
Witness
,
one
Loftus
speaks
to
the
words
,
though
not
in
the
same
manner
;
but
I
say
,
the
Tenth
of
September
,
when
things
were
at
peace
and
rest
,
when
the
King
was
pleased
to
be
reconciled
to
them
by
that
pacification
,
what
boiled
in
his
breast
then
,
to
the
breaking
forth
of
such
expressions
,
I
know
not
,
unless
it
were
an
intention
to
be
an
Incendiary
.
My
Lords
,
I
must
say
and
affirm
,
and
he
hath
not
proved
it
to
the
contrary
,
that
all
this
while
(
I
am
confident
)
there
was
not
any
breach
of
the
pacification
on
either
side
,
and
it
lyes
on
his
part
to
prove
there
was
:
But
the
Parliament
of
Scotland
then
sitting
,
and
making
preparation
for
their
demands
in
pursuance
of
the
Articles
of
pacification
,
he
coming
over
into
England
in
September
,
immediately
upon
the
pacification
answers
,
That
he
found
things
so
distracted
here
,
that
it
was
fit
the
Scots
should
be
reduced
by
force
,
if
they
could
not
be
otherwise
:
yet
no
breach
appears
,
no
War
was
denounced
,
there
was
no
intention
of
a
War
:
but
see
what
harboured
in
his
breast
all
the
while
?
The
fourth
of
December
following
,
my
Lord
Traquaire
made
his
relation
to
the
Council
of
the
Scots
proceedings
:
and
all
this
while
there
was
no
Demands
brought
by
the
Scots
themselves
,
nor
reason
of
their
Demands
brought
by
others
,
though
they
were
not
prepared
;
yet
you
have
heard
his
advice
was
for
an
offensive
War
,
and
that
the
Demands
were
a
just
cause
of
the
War
.
And
though
he
pretends
he
said
no
more
than
what
the
rest
of
the
Lords
of
the
Council
concurred
with
him
in
,
I
will
joyn
in
issue
with
him
in
that
,
and
if
some
of
your
Lordships
be
not
satisfied
,
you
have
many
noble
Lords
among
you
,
from
whom
you
may
be
satisfied
that
it
is
not
so
;
I
am
sure
he
proves
it
not
.
It
is
true
,
in
the
proposition
of
the
Demands
,
some
of
the
Lords
of
the
Council
did
say
,
That
these
Demands
hypothetically
,
if
the
Scots
did
not
give
satisfaction
by
their
reasons
,
were
a
just
cause
of
War
;
but
not
any
Lord
of
the
Council
was
of
that
opinion
,
that
the
very
Demands
,
positively
,
without
hearing
of
the
reasons
,
were
a
just
cause
of
War
,
but
himself
;
and
I
believe
the
Noble
Lords
of
the
Council
,
their
Consciences
can
tell
them
,
and
I
believe
will
deliver
it
to
the
rest
of
the
Peers
,
that
I
speak
truth
.
For
the
offensive
War
,
he
pretends
a
concurrence
of
the
rest
,
but
it
was
disapproved
;
many
were
for
it
upon
these
terms
,
If
they
did
not
give
reasons
,
and
shew
just
cause
for
their
Demands
;
and
many
were
against
an
offensive
War
upon
any
terms
,
and
therefore
herein
he
fixes
that
upon
the
Lords
of
the
Council
,
which
he
cannot
make
good
.
All
this
while
his
intentions
are
discovered
by
a
matter
precedent
,
but
after
the
breach
he
discovers
his
anger
further
towards
the
Scottish
Nation
,
and
makes
it
his
design
to
incense
the
King
to
this
War
.
My
Lords
,
he
is
not
at
end
yet
,
for
he
confesses
himself
that
he
advised
the
King
to
call
a
Parliament
;
and
now
I
come
to
his
work
of
merit
,
but
it
was
to
his
destruction
,
and
serves
to
prove
this
Article
directly
;
for
to
what
purpose
was
this
Parliament
called
?
Exitus
acta
probat
;
it
was
no
sooner
set
,
but
within
three
weeks
a
proposition
is
made
for
supply
towards
a
War
against
the
Scots
:
Who
was
the
cause
of
calling
the
Parliament
?
himself
;
and
therefore
who
was
the
cause
of
this
Proposition
but
himself
?
and
so
the
calling
of
the
Parliament
is
a
concurring
evidence
of
his
being
an
Incendiary
to
put
on
the
War
;
and
it
shall
appear
anon
absolutely
,
that
he
was
the
occasion
of
it
,
though
he
thinks
there
be
no
proof
of
it
.
Did
not
he
go
over
into
Ireland
,
and
by
his
sollicitation
there
,
Subsidies
were
granted
by
the
Parliament
,
only
,
to
maintain
this
War
,
and
to
shew
their
ingagement
in
it
?
and
who
was
the
occasion
of
drawing
them
on
,
I
referr
to
your
Lordships
judgements
,
by
the
circumstances
precedent
.
Your
Lordships
heard
his
good
opinion
of
the
Scots
,
when
he
began
to
discourse
with
the
Citizens
touching
Money
,
and
their
affording
of
the
King
supply
,
and
seizing
the
Mint
,
by
giving
them
no
better
expositions
than
Rebels
;
for
,
saith
he
,
you
are
more
forward
to
help
the
Rebels
here
,
than
to
pay
the
King
his
own
:
I
know
not
who
he
meant
,
but
certainly
the
Scots
were
in
his
thoughts
;
so
that
from
the
beginning
he
incensed
the
War
against
them
:
First
,
he
exclaimed
against
them
during
time
of
peace
.
He
alledges
in
his
Answer
,
That
things
were
found
in
such
distraction
,
that
it
was
fit
the
Scots
should
be
reduced
by
force
:
he
gave
advice
precipitately
without
hearing
the
reasons
,
and
not
concurrent
to
the
Council
,
for
an
offensive
War
;
and
putting
all
together
,
I
refer
it
your
Lordships
judgement
who
is
the
Incendiary
;
for
how
can
it
be
proved
more
clearly
,
unless
it
should
appear
under
his
Hand
and
Seal
,
proved
by
two
or
three
witnesses
?
Now
,
My
Lords
,
how
comes
this
to
be
his
design
?
here
the
Mystery
comes
to
be
unfolded
.
Having
thus
incensed
to
the
War
,
and
ingaged
the
King
to
the
uttermost
,
and
having
a
Parliament
now
dissolved
without
supply
,
he
sets
up
an
Idol
of
his
own
creation
,
as
a
means
to
draw
on
his
design
,
and
that
was
necessity
;
necessity
,
is
it
that
must
enforce
the
King
:
what
to
do
?
to
levy
Money
,
to
use
his
Prerogative
,
to
raise
supplies
upon
His
Subjects
without
their
consent
,
against
their
Will
,
necessity
must
be
his
Argument
,
and
this
War
must
be
the
occasion
of
that
necessity
,
and
without
that
,
he
cannot
suggest
to
the
Kings
ear
,
or
advise
this
necessity
,
till
this
be
brought
to
pass
.
And
now
he
hath
brought
it
to
pass
,
he
began
in
the
One
and
twentieth
,
Two
and
twentieth
,
and
Three
and
twentieth
Article
,
to
perswade
the
King
,
that
necessity
hath
surprized
him
,
by
the
Parliaments
deserting
of
him
;
that
the
Parliament
had
forsaken
the
King
,
in
denying
supply
,
and
having
tryed
the
affections
of
His
people
,
he
was
loose
,
and
absolved
from
all
rules
of
Government
;
and
had
an
Army
in
Ireland
which
he
might
employ
,
to
reduce
this
Kingdom
.
That
he
spake
these
words
to
the
King
,
part
is
proved
by
two
concurrent
Witnesses
,
that
is
,
that
having
tryed
the
affections
of
his
people
,
he
was
now
loose
and
absolved
from
all
rules
of
Government
;
which
words
are
proved
by
two
witnesses
of
eminent
quality
,
that
is
,
my
Lord
of
Northumberland
,
and
Sir
Henry
Vane
:
and
truly
,
howsoever
my
Lord
in
his
speech
pretends
,
that
the
most
material
words
are
proved
but
by
one
witness
(
it
seeming
that
he
held
it
not
a
material
charge
,
that
he
counselled
the
King
that
he
was
absolved
from
all
Rules
of
Government
)
for
my
part
,
if
your
Lordships
be
satisfied
those
words
were
proved
,
I
could
willingly
satisfy
my
own
conscience
in
it
,
and
make
no
great
matter
to
quit
the
rest
;
for
I
know
not
how
he
could
express
it
in
higher
terms
,
than
that
the
King
was
absolved
from
all
rules
of
Government
,
for
then
he
might
do
what
he
would
.
It
is
true
,
the
latter
words
,
touching
the
Irish
Army
,
are
expresly
proved
but
by
one
witness
,
Mr.
Secretary
Vane
;
but
are
fortified
again
with
such
circumstances
as
make
up
more
than
one
,
yea
,
more
than
two
other
witnesses
,
if
your
Lordships
will
have
the
patience
to
have
it
represented
,
as
it
is
proved
.
For
howsoever
it
be
slighted
by
him
,
if
your
Lordships
will
call
to
mind
the
words
of
Sir
George
Ratcliffe
,
his
bosom
friend
(
to
whom
he
had
contributed
without
question
,
his
advice
in
all
causes
)
the
said
Sir
George
Ratcliffe
expressed
it
before
,
and
told
some
of
his
friends
(
supposing
that
he
never
should
be
called
in
question
,
and
that
the
power
of
my
Lord
of
Strafford
had
been
enough
to
protect
any
thing
he
had
done
,
and
out
of
the
abundance
of
the
heart
his
mouth
spake
)
the
King
must
now
want
no
money
;
if
he
did
,
no
body
would
pity
him
,
now
he
had
his
sword
in
his
hand
.
Sir
Robert
King
proves
it
so
.
My
Lord
Ranalagh
discovered
the
smoak
of
the
fire
that
he
had
just
cause
to
suspect
,
and
on
good
grounds
,
I
am
sure
;
and
if
the
Commons
of
England
had
not
just
cause
to
suspect
him
(
as
I
believe
he
is
convinced
they
had
good
cause
)
what
is
the
reason
this
suspition
should
be
entertained
at
that
time
,
my
Lord
of
Strafford
being
not
then
questioned
for
it
?
and
yet
my
Lord
Ranalagh
should
say
,
Shall
we
turn
our
Swords
upon
our
own
bowels
?
Shall
we
bring
this
Army
to
turn
the
points
of
our
blades
upon
that
Nation
from
whence
we
were
all
derived
?
and
that
was
before
any
conference
with
Mr.
Secretary
Vane
.
Sir
William
Penniman
himself
,
his
own
witness
and
friend
,
says
,
at
York
,
before
my
Lord
of
Strafford
was
questioned
,
that
there
was
a
common
fame
of
bringing
the
Army
into
England
,
and
there
is
something
in
that
surely
;
and
after
all
this
,
to
produce
one
witness
that
expresly
proves
the
very
words
spoken
in
terminis
,
as
they
be
charged
,
if
your
Lordships
put
the
whole
together
,
see
whether
there
be
not
more
than
one
witness
.
And
,
under
favour
,
my
Lord
Cottington
,
if
you
call
to
mind
his
testimony
,
I
must
justify
,
he
did
declare
,
That
he
heard
my
Lord
of
Strafford
tell
the
King
,
That
some
reparation
was
to
be
made
to
the
Subjects
property
;
which
must
inferre
,
he
had
advised
an
Invasion
upon
the
property
;
else
by
no
good
coherence
should
a
reparation
be
made
.
And
that
he
testifies
this
,
I
must
affirm
,
and
most
here
will
affirm
it
;
and
I
think
your
Lordships
well
remember
it
:
and
that
is
an
addition
to
it
;
for
if
your
Lordships
cast
your
eye
upon
the
Interrogatory
administred
to
my
Lord
Admiral
,
and
my
Lord
Cottington
,
that
very
question
is
asked
;
so
that
his
own
conscience
told
him
,
he
had
advised
somthing
to
invade
upon
the
people
,
when
he
advised
to
a
restitution
after
things
should
be
setled
:
and
so
I
refer
it
to
your
Lordships
consideration
,
whether
here
be
not
more
than
one
witness
by
far
.
It
is
true
,
he
makes
objections
to
lessen
this
testimony
;
First
,
That
this
Army
was
to
be
landed
at
Ayre
in
Scotland
,
and
not
here
;
and
this
was
declared
to
Sir
Thomas
Lucas
,
Mr.
Slingsby
,
Sir
William
Penniman
,
and
others
.
Secondly
,
That
others
that
were
present
when
the
words
are
supposed
to
be
spoken
,
did
not
hear
any
such
words
.
For
the
first
;
Perhaps
the
Army
might
be
originally
intended
for
Scotland
,
and
yet
this
is
no
contradiction
,
but
he
might
intend
it
afterwards
for
England
;
surely
this
is
no
Logick
,
that
because
it
was
intended
for
one
place
,
it
could
never
be
intended
for
another
place
;
so
his
allegation
may
be
true
,
and
the
charge
stand
true
likewise
.
Beside
,
that
it
was
intended
originally
for
Scotland
,
what
proof
makes
he
?
He
told
several
persons
of
the
design
,
but
I
will
be
tryed
by
himself
,
he
told
some
,
it
was
for
Scotland
,
he
told
others
it
was
for
England
;
and
why
you
should
believe
his
telling
on
one
side
,
more
than
on
the
other
side
I
know
not
;
though
he
pretends
a
reason
of
his
several
allegations
,
that
the
world
should
not
know
his
design
,
but
if
you
will
not
believe
him
one
way
,
why
should
he
be
believed
the
other
way
?
and
if
not
the
other
way
,
why
the
first
way
?
For
the
Second
,
Several
persons
were
present
,
when
the
words
were
spoken
touching
the
Irish
Army
,
and
they
were
examined
,
and
remember
not
the
words
;
but
one
man
may
hear
,
though
twenty
do
not
hear
;
and
this
is
no
contradiction
at
all
:
for
those
persons
whom
he
examined
,
the
Lord
Treasurer
,
Marquis
Hamilton
,
my
Lord
Cottington
did
not
hear
the
words
that
are
proved
by
two
witnesses
,
concerning
the
Kings
being
loose
and
absolved
from
rules
of
Government
:
and
if
they
did
not
hear
those
words
,
no
marvel
they
did
not
hear
the
other
:
and
therefore
that
which
he
himself
pretends
to
be
a
convincing
testimony
,
is
nothing
at
all
;
so
that
his
objections
are
clearly
taken
away
,
and
the
single
testimony
fortified
with
testimonies
that
make
above
one
witness
,
and
so
the
words
are
fully
proved
.
But
to
fortify
the
whole
,
I
shall
handle
all
these
Articles
together
;
This
design
to
subvert
the
Law
,
and
to
exercise
an
Arbitrary
power
above
the
Law
in
this
Kingdom
will
(
upon
the
proofs
putting
them
altogether
,
and
not
taking
them
in
pieces
as
my
Lord
of
Strafford
hath
done
)
appear
to
have
been
harboured
in
his
thoughts
,
and
setled
in
his
heart
long
before
it
was
executed
.
You
see
what
his
Counsels
were
,
That
the
King
having
tryed
the
affections
of
his
people
,
was
loose
and
absolved
from
all
rules
of
Government
,
and
might
do
every
thing
that
power
would
admit
;
and
His
Majesty
had
tryed
all
ways
,
and
was
refused
,
and
should
be
acquitted
of
God
and
Man
;
and
had
an
Army
in
Ireland
,
wherewith
if
he
pleased
he
might
reduce
this
Kingdom
:
so
there
must
be
a
trial
of
his
people
,
for
Supply
that
is
denyed
,
which
must
be
interpreted
,
a
Defection
by
refusal
,
and
this
refusal
must
give
advantage
of
necessity
,
and
this
necessity
must
be
an
advantage
to
use
his
Prerogative
against
the
rule
of
the
Law
,
and
consent
of
the
People
;
this
is
his
advice
,
which
shews
that
this
very
thing
that
happened
,
did
harbour
in
his
thoughts
long
before
the
breach
of
the
Parliament
,
and
the
occasion
of
the
Army
.
Your
Lordships
have
heard
it
confessed
by
himself
,
That
before
this
last
advice
,
he
had
advised
the
calling
of
a
Parliament
:
To
the
Parliament
a
proposition
of
Twelve
Subsidies
was
made
for
supply
,
and
(
which
may
be
spoken
with
great
assurance
)
before
they
had
consulted
,
or
given
any
resolution
to
that
proposition
,
the
Parliament
was
dissolved
,
upon
a
supposal
that
the
Supply
was
denied
.
Now
that
this
was
pre-designed
by
my
Lord
of
Strafford
himself
,
I
beseech
you
observe
these
things
following
,
that
is
,
The
words
in
the
Two
and
twentieth
Article
,
That
His
Majesty
was
first
to
try
the
Parliament
,
and
if
that
did
not
supply
him
,
then
he
would
serve
the
King
any
other
way
.
His
words
are
proved
by
Mr.
Treasurer
,
That
if
the
Parliament
supplyed
him
not
,
he
would
serve
him
any
other
way
;
and
this
is
before
the
Parliament
set
:
now
if
your
Lordships
hear
the
proofs
of
my
Lord
Primate
,
(
which
my
Lord
of
Strafford
slights
taking
it
singly
)
My
Lord
Primate
before
the
Parliament
was
called
,
when
my
Lord
of
Strafford
was
in
Ireland
,
and
not
yet
come
into
this
Kingdom
,
testifies
,
my
Lords
,
saying
,
That
if
the
Parliament
will
not
supply
His
Majesty
,
the
King
was
acquitted
before
God
and
Man
,
if
he
took
some
other
course
to
supply
himself
,
though
against
the
will
of
the
Subjects
.
I
beseech
your
Lordships
,
observe
how
he
prophesies
these
things
must
come
to
pass
,
and
advised
them
accordingly
.
My
Lord
Conway
testifies
,
that
before
the
Parliament
sate
,
my
Lord
of
Strafford
said
,
that
if
the
Parliament
would
not
supply
His
Majesty
,
the
King
was
acquitted
before
God
and
Man
,
if
he
took
another
course
to
supply
himself
,
though
it
were
against
the
will
of
the
Subject
,
and
he
doubts
not
but
the
Parliament
would
give
,
What
?
Twelve
Subsidies
:
and
your
Lordships
very
well
remember
,
Twelve
were
propounded
;
but
I
beseech
you
,
observe
the
coherence
of
all
;
the
Parliament
must
be
called
,
they
must
be
tryed
,
if
they
deny
there
is
necessity
,
and
this
necessity
is
a
Warrant
for
the
King
to
proceed
;
so
that
my
Lord
of
Strafford
must
be
judged
to
be
either
a
Prophet
,
or
to
have
this
design
beforehand
in
his
thoughts
.
Now
the
Parliament
being
broken
before
answer
to
the
Demand
given
,
he
vents
his
Counsel
in
the
Three
and
twentieth
Article
,
and
how
far
it
is
proved
,
your
Lordships
have
heard
.
Now
comes
the
Bullion
to
be
seized
,
the
Copper-money
to
be
advised
,
and
now
comes
he
to
tell
the
King
,
that
the
Aldermen
of
London
must
be
put
to
Fine
and
Ransome
,
and
laid
by
the
heels
,
and
no
good
would
be
done
till
some
of
them
be
hanged
,
so
you
hear
his
advice
;
I
beseech
your
Lordships
observe
what
success
this
advice
took
;
Four
Aldermen
were
instantly
committed
,
and
then
the
Counsel
of
the
Three
and
twentieth
Article
is
fomented
.
First
,
He
foments
the
War
,
then
there
is
a
necessity
,
the
defection
of
the
Parliament
must
set
the
King
loose
from
rules
of
Government
,
and
now
see
whether
the
occasion
of
the
War
,
the
calling
of
the
Parliament
,
the
dissolving
of
it
,
be
not
adequate
to
what
he
propounded
to
himself
,
namely
,
to
set
up
an
Arbitrary
Government
.
Your
Lordships
remember
how
fresh
my
Lord
of
Bristols
memory
is
,
touching
my
Lord
of
Straffords
opinion
upon
the
dissolution
of
the
Parliament
;
how
he
declared
unto
my
Lord
of
Bristol
instantly
within
three
or
four
days
after
,
That
the
King
was
not
to
be
mastered
by
the
frowardness
of
his
people
,
or
rather
of
some
particular
persons
;
and
your
Lordships
remember
Sir
George
Wentworths
words
spoken
the
very
day
of
dissolving
the
Parliament
;
which
may
be
very
well
applyed
as
a
concurrent
proof
to
his
intentions
of
bringing
the
Army
into
England
.
He
was
my
Lords
own
Brother
,
that
knew
much
of
his
Counsel
,
and
his
words
are
,
That
the
English
Nation
would
never
be
well
till
they
were
conquered
over
again
.
So
my
Lords
;
put
all
together
,
if
he
declared
his
own
intentions
,
if
actions
,
in
executing
this
Tyrannical
and
Arbitrary
Power
,
if
Counsels
of
as
dangerous
consequence
,
in
as
high
a
strain
as
can
be
,
be
not
a
sufficient
Evidence
to
prove
an
intention
,
and
desire
to
subvert
the
Law
,
I
know
not
what
can
prove
such
an
interpretation
:
and
now
I
refer
it
to
your
Lordships
judgements
,
whether
here
be
not
a
good
proof
of
the
Article
laid
to
his
chage
,
My
Lords
,
in
the
Seven
and
twentieth
Article
,
he
is
charged
with
levying
of
War
upon
the
Kings
people
,
by
forcing
them
in
Yorkshire
to
pay
Money
;
to
prove
they
were
so
forced
,
you
have
heard
by
two
witnesses
,
that
Sergeant
Major
Yaworth
,
by
Musquetiers
,
four
together
in
the
Town
,
,
and
one
by
one
out
of
the
Town
,
did
compel
them
to
pay
the
fortnights
contribution
,
else
they
were
to
serve
in
person
:
That
he
did
this
by
Warrant
is
likewise
confessed
by
Sir
William
Pennyman
:
and
whether
this
were
an
authority
derived
from
,
or
commanded
by
my
Lord
of
Strafford
,
that
is
the
question
;
and
my
Lords
,
it
is
plainly
proved
,
that
it
was
commanded
by
my
Lord
of
Strafford
,
for
Sir
William
Pennyman
himself
being
examined
,
alledged
that
the
Warrant
was
made
in
pursuance
of
the
relation
,
and
direction
made
by
my
Lord
of
Strafford
.
Your
Lordships
heard
what
my
Lord
of
Strafford
did
say
before-hand
,
as
is
proved
by
two
witnesses
,
(
Sir
William
Ingram
and
Mr.
Cholmley
)
that
this
Money
should
be
paid
,
or
levied
on
the
Subjects
Goods
;
Then
his
Declaration
to
Sir
William
Pennyman
,
(
in
pursuance
of
which
he
made
his
Warrant
)
That
it
was
the
assent
of
the
Lords
of
the
great
Council
,
that
this
Money
should
be
levied
;
and
taking
all
together
,
whether
it
fixes
it
not
upon
him
to
be
the
Author
and
Instrument
,
it
rests
in
your
judgements
in
point
of
fact
:
and
so
I
suppose
the
Seven
and
twentieth
Article
rests
on
him
,
and
so
I
shall
conclude
the
Evidence
produced
on
the
behalf
of
the
Commons
.
And
now
give
me
leave
to
put
your
Lordships
in
mind
of
some
Evidences
offered
by
my
Lord
Strafford
himself
in
his
Answer
,
and
in
the
passages
of
his
Defence
,
for
his
clearing
and
justification
,
but
tending
directly
to
his
condemnation
,
I
will
enter
upon
some
passages
he
mentioned
to
day
,
and
often
before
;
When
he
is
charged
with
invading
the
Estates
of
the
Peers
of
the
kingdom
of
Ireland
,
and
determining
them
upon
Paper
Petitions
in
an
Arbitrary
way
:
your
Lordships
have
heard
him
speak
it
before
,
and
repeat
it
this
day
,
That
he
did
it
out
of
compassion
,
for
the
more
expeditious
proceeding
on
behalfe
of
the
poor
against
these
mighty
:
But
then
my
Lords
,
I
beseech
you
,
compare
some
other
part
of
his
proceedings
.
Your
Lordships
remember
the
business
of
the
Flax
,
which
concerns
the
poor
wholly
and
universally
;
and
if
compassion
had
been
the
rule
and
direction
of
his
actions
towards
the
poor
,
surely
this
would
have
been
a
just
cause
to
have
commiserated
them
in
this
case
;
but
he
exercised
his
power
over
them
,
and
over
them
wholly
,
and
over
them
universally
:
and
therefore
it
shews
,
it
is
not
his
compassion
to
the
poor
,
nor
respect
to
the
rich
,
or
mighty
,
that
will
any
way
restrain
or
obstruct
his
ways
,
to
his
own
Will
.
And
thefore
you
may
see
what
truth
there
is
in
his
answer
,
by
comparing
one
part
of
the
charge
with
another
,
when
the
business
of
the
Flax
brought
that
calamity
upon
the
Kings
Subjects
,
that
thousands
of
them
perished
for
lack
of
Bread
,
and
dyed
in
Ditches
.
Secondly
,
Your
Lordships
have
often
heard
him
use
a
Rhetorical
insinuatian
,
wondring
that
he
should
be
charged
with
words
,
and
they
strained
so
high
as
to
be
made
Treason
,
to
question
his
Life
and
Posterity
,
though
the
words
might
be
spoken
unadvisedly
,
or
in
discourse
,
or
by
chance
:
Your
Lordships
remember
the
Fifth
Article
,
touching
his
proceedings
against
my
Lord
Mountnorris
,
where
words
were
spoken
in
an
ordinary
discourse
at
dinner
,
and
slight
ones
,
God
knows
,
of
no
consequence
at
all
,
such
as
another
man
would
scarce
have
harkened
after
,
and
yet
my
Lord
extends
them
to
the
taking
away
of
my
Lord
Mountnorris
his
life
;
gets
a
sentence
of
death
against
him
,
and
that
against
Law
,
with
a
high
hand
,
in
such
a
manner
,
as
I
think
your
Lordships
have
not
heard
the
like
;
and
therefore
I
beseech
you
,
compare
one
part
of
his
Answer
with
another
,
and
see
how
ready
he
is
to
make
use
of
any
thing
that
may
excuse
himself
;
and
yet
when
he
comes
to
act
his
power
,
you
see
his
exercise
of
it
.
You
have
heard
how
he
magnifies
his
Zeal
for
advancing
the
Kings
Benefit
and
Revenue
,
and
his
care
of
his
Service
,
and
would
shelter
and
protect
himself
under
it
,
to
justify
an
exorbitant
action
:
but
if
your
Lordships
call
to
mind
the
business
of
the
Customs
for
Tobacco
,
(
which
in
truth
were
the
Kings
right
and
due
,
and
a
great
profit
was
thereby
advanced
;
and
he
trusted
to
advance
it
.
)
The
King
must
loose
of
his
former
Rents
in
the
case
of
Custom
,
and
received
a
small
Rent
in
the
case
of
Tobacco
,
my
Lord
himself
in
the
mean
time
imbursing
such
vast
sums
of
Money
:
where
is
then
the
discharge
of
his
Trust
?
where
is
his
care
to
advance
the
Kings
Rents
?
to
increase
his
Revenue
?
Compare
that
part
of
his
Answer
with
this
,
and
see
what
credit
is
to
be
given
to
his
affirmation
.
My
Lords
,
throughout
the
passages
of
his
discourse
he
insinuates
,
(
and
never
more
than
this
day
)
with
the
Peers
of
the
Realm
,
magnifying
them
almost
to
Idolatry
;
and
yet
my
Lords
,
when
he
was
in
his
Kingdom
in
Ireland
,
and
had
power
over
them
,
what
respect
shewed
he
then
to
the
Peers
of
the
Kingdom
,
when
he
judged
some
to
death
,
trampled
upon
others
in
misery
,
committed
them
to
prison
,
and
seized
on
their
Estates
;
where
then
was
the
Peerage
he
now
magnifies
?
And
to
shew
it
was
an
insinuation
for
his
own
advantage
,
you
may
remember
,
when
there
was
an
unlawful
Act
to
be
committed
,
that
is
,
the
levying
of
Money
in
the
North
,
What
regard
had
he
then
to
the
Peers
of
the
Kingdom
,
when
he
comes
to
justify
and
boulster
up
High
Treason
it self
,
under
the
name
and
authority
of
the
Great
Council
,
where
most
of
the
Peers
of
the
Realm
then
were
?
and
so
by
this
time
I
know
what
credit
your
Lordships
give
to
his
words
spoken
,
when
he
lies
under
your
Mercy
and
Power
:
but
what
do
I
speak
of
the
Peers
of
the
Kingdom
,
and
his
using
of
them
?
My
Lords
,
he
spared
not
his
Sovereign
,
His
Majesty
in
His
whole
Defence
;
for
being
charged
with
offences
of
a
high
nature
,
he
justifies
those
offences
under
the
pretence
,
and
under
the
authority
of
His
Majesty
,
our
Gracious
King
and
Sovereign
,
even
Murther
it self
,
in
the
Case
of
Denwit
,
and
my
Lord
Mountnorris
.
Treason
it self
in
the
Fifteenth
Article
by
a
Command
in
Ireland
,
and
in
the
Seven
and
twentieth
,
by
a
pretended
authority
from
His
Majesty
in
the
face
of
His
People
;
he
justifies
my
Lord
Mountnorris
his
sentence
by
a
Letter
from
His
Majesty
,
Denwits
Sentence
by
a
Commission
from
His
Majesty
,
and
he
read
three
or
four
clauses
to
that
purpose
.
My
Lords
,
my
Lord
of
Strafford
doth
very
well
know
(
and
if
he
doth
not
know
it
,
I
have
a
Witness
to
produce
against
him
,
which
I
will
not
examine
,
but
refer
it
to
his
own
Conscience
,
that
is
,
The
Petition
of
Right
)
that
the
Kings
Servants
are
to
serve
him
according
to
Law
and
no
otherwise
:
he
very
well
knew
if
an
unlawful
act
be
committed
,
especially
to
a
degree
of
Treason
and
Murder
,
the
Kings
Authority
and
Warrant
produced
,
is
no
justification
at
all
.
So
then
,
my
Lords
,
to
mention
the
Kings
name
,
to
justify
an
unlawful
act
in
that
way
,
can
do
him
no
good
;
and
his
own
understanding
knows
,
it
may
do
the
King
harm
,
if
we
had
not
so
Gracious
a
King
,
that
no
such
thing
can
do
harm
unto
.
But
,
my
Lords
,
to
produce
the
Kings
Warrant
to
justify
his
actions
under
his
Patent
and
Command
,
what
is
it
else
,
but
so
far
as
in
him
lies
,
in
the
face
of
his
people
,
to
raise
a
cloud
,
and
exhale
a
vapour
?
To
interpose
betwixt
the
King
and
his
Subjects
whereby
the
splendor
of
his
Glory
and
Justice
cannot
be
discovered
to
his
people
?
My
Lords
,
what
is
it
else
,
when
the
people
make
complaint
against
the
Ministers
(
that
should
execute
justice
)
of
their
oppression
and
slavery
,
and
bondage
?
For
the
Minister
,
when
he
is
questioned
to
justify
this
under
the
Kings
Authority
,
what
is
it
,
I
say
,
but
as
much
as
in
that
Minister
lies
,
to
fix
this
offence
,
to
fasten
this
oppression
upon
the
King
himself
,
to
make
it
to
be
believed
,
that
the
occasion
of
these
their
groans
proceeded
from
His
Sacred
Majesty
?
yet
God
be
thanked
the
strength
of
that
Sun
is
powerful
enough
to
dispel
these
vapours
,
and
to
disperse
the
cloud
that
he
would
have
raised
;
but
in
the
mean
time
,
my
Lord
is
nothing
to
be
excused
.
My
Lords
,
he
may
pretend
zeal
to
the
Kings
Service
,
and
affection
to
His
Honor
,
but
give
me
leave
not
to
believe
it
,
since
,
when
he
is
questioned
by
all
the
Kings
people
,
and
in
the
face
of
his
people
,
and
offences
laid
to
his
charge
,
which
himself
now
confesses
to
be
against
Law
;
he
should
justify
it
under
the
Kings
authority
;
that
savours
not
of
a
good
servant
:
I
will
say
no
more
.
My
Lords
,
he
is
charged
with
exercising
a
tyrannical
power
over
the
Kings
people
,
and
in
his
Defence
your
Lordships
have
often
heard
(
and
I
may
not
omit
it
)
that
he
shelters
himself
under
the
protection
of
the
Kings
Prerogative
,
though
he
be
charged
with
Tyranny
of
the
highest
nature
that
may
be
:
see
then
how
foul
and
malignant
an
aspect
this
hath
.
My
Lords
,
what
is
it
else
,
but
to
endeavour
,
as
much
as
in
him
lies
,
to
infuse
into
the
Kings
heart
an
apprehension
,
that
His
Prerogative
is
so
bottomless
a
Gulf
,
so
unlimited
a
Power
,
as
is
not
to
be
comprehended
within
the
rules
of
Law
,
or
within
the
bounds
of
Government
?
for
else
why
should
he
mention
the
Prerogative
,
when
he
is
charged
to
exceed
the
Law
?
What
is
it
else
,
but
as
far
as
in
him
lies
,
to
make
the
people
believe
(
for
I
may
not
forget
the
words
he
hath
used
)
by
his
magnifying
of
the
Prerogative
,
that
it
hath
a
special
stamp
of
Divinity
on
it
;
and
that
the
other
part
of
the
Government
that
God
pleases
to
put
into
the
Kings
hands
,
had
not
that
stamp
upon
it
?
as
if
any
thing
done
by
one
,
was
to
be
justified
by
authority
derived
from
Heaven
,
but
the
other
not
.
These
expressions
your
Lordships
remember
;
and
I
may
not
omit
to
put
your
Lordships
in
mind
of
them
;
and
I
can
expound
them
no
otherwise
than
,
as
much
as
in
him
lies
,
to
make
the
subject
believe
and
apprehend
,
that
which
is
the
buckler
and
defence
of
his
protection
,
to
be
the
two-edged
sword
of
his
destruction
,
according
to
the
Doctrine
he
Preached
;
and
that
that
which
is
the
Sanctuary
of
their
Liberty
,
is
the
snare
and
engine
of
their
slavery
.
And
thus
he
hath
cast
a
bone
of
contention
,
as
much
as
in
him
lay
,
betwixt
King
and
People
,
to
make
the
Subjects
loath
that
glorious
Flower
of
his
Crown
,
by
fixing
a
jealousie
in
them
,
that
it
may
be
a
means
of
their
bondage
and
slavery
.
But
there
is
so
much
Piety
and
Goodness
in
the
Kings
heart
,
that
I
hope
,
upon
fair
understanding
,
there
will
be
no
such
occasion
;
but
no
thanks
to
the
party
,
that
so
much
advanced
the
Prerogative
in
the
case
and
condition
he
stands
in
,
to
justify
that
which
is
laid
to
his
Charge
of
High
Treason
.
My
Lords
,
I
beseech
you
give
me
leave
;
there
is
no
greater
safety
to
Kings
and
People
,
than
to
have
the
Throne
incircled
with
good
Counsellors
;
and
no
greater
danger
to
both
,
than
to
have
it
encompassed
with
wicked
and
dangerous
ones
;
and
yet
I
beseech
you
call
to
mind
,
how
he
hath
attempted
to
deprive
the
Subject
of
all
means
to
discover
this
danger
,
by
insinuating
to
your
Lordships
,
what
a
dangerous
thing
it
were
,
if
Counsellors
should
be
called
in
question
for
giving
of
Counsel
:
for
who
then
(
saith
he
)
would
be
a
Counsellor
?
where
is
your
safeguard
?
where
is
the
Kings
service
?
Is
not
this
,
as
much
as
in
him
lies
,
to
deprive
the
people
of
the
means
whereby
they
must
make
themselves
happy
,
and
whereby
the
King
must
be
happy
,
that
is
,
by
his
having
good
Counsellors
about
him
?
and
yet
he
infuses
that
venom
,
that
the
questioning
of
Counsellors
is
dangerous
both
to
King
and
Peers
,
if
it
should
be
brought
into
example
.
My
Lords
,
for
many
years
by-past
,
your
Lordships
know
an
evil
spirit
hath
moved
amongst
us
,
which
in
truth
hath
been
made
the
Author
and
ground
of
all
our
distractions
,
and
that
is
necessity
and
danger
:
this
was
the
bulwarke
,
and
the
battery
that
serves
to
defend
all
exorbitant
actions
;
the
ground
and
foundation
of
that
great
invasion
of
our
Liberties
and
Estates
,
the
judgement
in
the
Ship-money
,
and
the
ground
of
the
Counsel
given
of
late
to
do
any
thing
,
and
to
perswade
the
King
,
that
he
was
absolved
from
all
rules
of
Government
;
and
yet
your
Lordships
have
observed
in
the
course
of
his
defence
,
how
often
he
hath
raised
this
spirit
,
that
God
be
thanked
hath
been
laid
,
to
the
great
comfort
of
King
and
Kingdom
,
by
your
Lordships
,
and
all
the
Commons
in
Parliament
.
And
when
he
stands
under
this
question
,
and
goes
about
to
justify
his
exorbitant
actions
,
how
often
hath
he
created
this
Idol
again
?
and
therefore
I
am
afraid
he
discovers
too
much
his
own
heart
in
it
.
My
Lords
,
I
may
not
omit
some
other
passages
in
his
Defence
,
How
he
hath
cast
scandals
upon
three
Nations
in
this
place
;
that
is
,
in
his
first
day
of
Defence
,
when
the
Irish
Remonstrance
,
made
by
all
the
Commons
of
Ireland
,
was
produced
by
the
Commons
of
England
;
he
expressed
in
a
passion
,
that
things
were
carried
against
him
by
faction
and
correspondence
,
and
(
if
he
had
time
he
would
make
it
appear
)
with
a
strong
conspiracy
.
Here
is
a
scandal
cast
upon
the
Parliament
of
Ireland
,
with
a
reflection
on
the
Commons
of
England
;
howsoever
,
it
is
true
,
your
Lordships
may
remember
the
recantation
he
made
that
day
,
which
I
will
not
omit
,
desiring
not
to
lay
any
thing
to
his
charge
but
what
is
true
;
but
it
is
the
reflection
of
a
scandal
that
I
cannot
omit
to
put
your
Lordships
in
mind
of
;
and
the
rather
,
because
this
Remonstrance
,
presented
from
the
Parliament
of
Ireland
,
did
bear
date
before
my
Lord
of
Strafford
was
charged
here
,
which
is
very
remarkable
,
viz.
the
7th
of
November
;
and
therefore
,
though
he
pretends
a
correspondence
,
certainly
there
could
be
none
then
,
for
he
is
not
charged
here
till
the
Tenth
.
And
the
same
day
,
justifying
a
Sentence
in
the
Castle-Chamber
,
your
Lordships
remember
he
affirmed
,
that
unless
a
strict
hand
were
kept
upon
the
Nation
there
,
they
would
find
it
hard
to
prevent
perjury
,
one
of
the
most
crying
sins
in
Ireland
.
Now
to
lay
an
aspersion
upon
the
Subjects
of
Ireland
,
being
under
the
Government
of
the
same
King
with
us
,
how
fit
this
is
to
be
done
by
a
man
in
that
condition
that
my
Lord
of
Strafford
is
,
I
referr
to
your
consideration
.
Another
passage
I
remember
,
whereby
in
his
Defence
he
fell
upon
that
Nation
;
in
answer
of
which
,
I
may
not
omit
to
do
the
service
I
owe
to
the
Commons
,
for
whom
I
am
trusted
,
and
that
is
,
that
talking
of
an
Arbitrary
and
Tyrannical
Government
,
in
reference
to
some
Orders
of
the
Commons-House
in
Ireland
,
he
used
words
to
this
purpose
:
You
talk
of
an
Arbitrary
Government
,
look
upon
these
Orders
,
here
is
an
Arbitrary
Government
:
and
yet
when
he
produced
the
Orders
,
they
appeared
to
have
so
much
justice
and
discretion
in
them
,
that
he
can
lay
nothing
to
the
charge
of
them
,
though
in
a
passion
he
is
not
backward
to
asperse
them
.
My
Lords
,
If
this
Lyon
(
to
use
his
own
language
)
now
that
he
is
chained
and
muzled
,
under
the
restraint
and
question
of
High
Treason
,
will
here
take
the
boldness
to
vent
this
Language
,
and
express
this
Malignity
;
How
would
he
doe
if
he
were
unchained
?
How
would
he
devour
?
How
would
he
destroy
?
&c.
My
Lords
,
Something
concerns
your
Lordships
;
your
Lordships
remember
,
that
he
was
not
backward
in
his
own
answer
,
to
fix
a
Charge
of
High
Treason
upon
the
Lords
of
the
Great
Council
;
and
howsoever
he
hath
affirmed
this
day
,
I
must
open
it
again
,
That
the
Charge
of
the
Seven
and
twentieth
Article
he
fixes
in
his
Answer
,
to
be
by
consent
of
the
Lords
of
the
Great
Council
,
though
he
hath
since
recanted
it
;
and
yet
you
have
heard
him
alledge
,
that
he
will
stand
and
fall
by
the
truth
of
his
answer
.
My
Lords
,
I
am
now
at
an
end
.
You
have
my
Lord
of
Strafford
here
questioned
for
High
Treason
,
for
going
about
to
subvert
the
Fundamental
Laws
of
both
Kingdoms
,
in
defence
whereof
,
your
noble
Ancestors
spent
their
Lives
and
Bloods
.
My
Lords
,
you
are
the
Sons
of
those
Fathers
,
and
the
same
Blood
runs
in
your
veins
,
that
did
in
theirs
;
and
I
am
confident
you
will
not
think
him
fit
to
live
,
that
goes
about
to
destroy
that
which
protects
your
Lives
,
and
preserves
your
Estates
and
Liberties
.
My
Lords
,
You
have
the
complaints
of
Three
Kingdoms
presented
before
you
against
this
great
person
;
whereby
your
Lordships
perceive
that
a
great
storm
of
distemper
and
distraction
hath
been
raised
,
that
threatens
the
ruine
and
distraction
of
them
all
.
The
Commons
with
much
pain
and
diligence
,
and
to
their
great
expence
,
have
discovered
the
Ionas
,
that
is
,
the
occasion
of
this
Tempest
.
They
have
still
,
and
will
discharge
their
Consciences
,
(
as
much
as
in
them
lies
)
to
cast
him
out
of
the
Ship
,
and
allay
this
Tempest
.
They
expect
,
and
are
confident
your
Lordships
will
perfect
the
work
,
and
that
with
expedition
,
lest
with
the
continuance
of
the
storm
,
both
Ship
,
and
Tackling
,
and
Mariners
,
both
Church
,
and
Common-wealth
be
ruined
and
destroyed
.
Saturday
,
May
1.
1640.
The
King
came
to
the
House
of
Lords
,
and
sent
for
the
Commons
thither
,
and
made
this
Speech
to
both
Houses
.
I
Had
not
any
intention
to
speak
of
this
business
,
which
causes
me
to
come
here
to
day
,
which
is
the
great
Impeachment
of
the
Earl
of
Strafford
;
But
now
it
comes
to
pass
,
that
of
necessity
I
must
have
part
in
that
Judgment
:
I
am
sure
you
all
know
that
I
have
been
present
at
the
Hearing
of
this
great
business
,
from
the
one
end
to
the
other
;
that
which
I
have
to
declare
unto
you
is
shortly
this
.
THAT
in
my
Conscience
I
cannot
condemn
him
of
High
Treason
,
It
is
not
fit
for
me
to
argue
the
business
,
I
am
sure
you
will
not
expect
it
.
A
Positive
Doctrine
best
comes
out
of
the
mouth
of
a
Prince
;
Yet
I
must
tell
you
Three
great
Truths
,
which
I
am
sure
no
body
can
know
so
well
as
my self
.
1.
That
I
never
had
any
intention
of
bringing
over
the
Irish
Army
into
England
,
nor
ever
was
advised
by
any
body
so
to
do
.
2.
There
never
was
any
Debate
before
me
,
neither
in
publique
Council
,
nor
at
private
Committee
,
of
the
Disloyalty
,
and
Disaffection
of
my
English
Subjects
,
nor
ever
had
I
any
suspition
of
them
.
3.
I
was
never
Counsell'd
by
any
,
to
alter
the
least
of
any
of
the
Laws
of
England
,
much
less
to
alter
all
the
Laws
;
Nay
,
I
must
tell
you
this
,
I
think
no
body
durst
be
ever
so
impudent
to
move
me
in
it
,
for
if
they
had
,
I
should
have
put
a
Mark
upon
them
,
and
made
them
such
an
example
,
that
all
Posterity
should
know
my
intention
by
it
;
for
my
intention
was
ever
to
Govern
according
to
the
Law
,
and
no
otherwise
.
I
desire
to
be
rightly
understood
,
I
told
you
in
my
Conscience
I
cannot
Condemn
him
of
High
Treason
;
yet
I
cannot
say
I
can
clear
him
of
misdemeanor
:
Therefore
I
hope
that
you
may
find
a
way
,
for
to
satisfy
justice
and
your
own
fears
,
and
not
to
press
upon
my
Conscience
.
My
Lords
,
I
hope
you
know
what
a
tender
thing
Conscience
is
.
Yet
I
must
declare
unto
you
,
that
to
satisfy
my
People
I
would
do
great
matters
.
But
in
this
of
Conscience
,
no
fear
,
no
respect
whatsoever
,
shall
ever
make
me
go
against
it
.
Certainly
,
I
have
not
so
ill
deserved
of
the
Parliament
at
this
time
,
that
they
should
press
me
in
this
tender
point
,
and
therefore
I
cannot
expect
,
that
you
will
go
about
it
.
Nay
,
I
must
confess
for
matter
of
misdemeanor
,
I
am
so
clear
in
that
,
that
though
I
will
not
chaulk
out
the
way
,
yet
let
me
tell
you
,
that
I
do
think
my
Lord
of
Strafford
,
is
not
fit
hereafter
to
serve
me
or
the
Common-wealth
in
any
place
of
Trust
,
no
not
so
much
as
to
be
a
High-Constable
:
Therefore
I
leave
it
to
you
my
Lords
,
to
find
some
such
way
as
to
bring
me
out
of
this
great
streight
,
and
keep
your Selves
and
the
Kingdom
from
such
Inconveniences
.
Certainly
,
he
that
thinks
him
guilty
of
High
Treason
in
his
Conscience
,
may
Condemn
him
of
Misdemeanor
.
The
House
of
Commons
as
soon
a
they
returned
,
seemed
to
be
much
The
Commons
hereupon
fell
into
serious
debate
of
this
matter
,
and
the
WE
the
Knights
,
Citizens
,
and
Burgesses
of
the
Commons-House
in
The
Protestation
.
I
A.
B.
Doe
in
the
presence
of
God
Promise
,
Vow
,
and
Protest
,
to
maintain
and
Defend
,
as
far
as
lawfully
I
may
with
my
Life
,
Power
,
and
Estate
,
the
true
Reformed
Protestant
Religion
,
expressed
in
the
Doctrine
of
the
Church
of
England
,
against
all
Popery
,
and
Popish
Innovation
within
this
Realm
,
contrary
to
the
said
Doctrine
,
and
according
to
the
Duty
of
my
Allegiance
,
I
will
Maintain
and
Defend
His
Majesties
Royal
Person
,
and
Estate
.
As
also
the
Power
and
Priviledge
of
Parliaments
,
the
lawful
Rights
and
Liberties
of
the
Subjects
;
And
every
Person
that
shall
make
this
Protestation
,
in
whatsoever
he
shall
do
,
in
the
lawful
pursuance
of
the
same
;
And
to
my
power
,
as
far
as
lawfully
I
may
,
I
will
oppose
,
and
by
all
good
ways
and
means
endeavour
,
to
bring
to
condigne
punishment
all
such
as
shall
by
Force
,
Practise
,
Counsels
,
Plots
,
Conspiracies
,
or
otherwise
do
any
thing
to
the
contrary
in
this
prsent
Protestation
contained
.
And
further
,
That
I
shall
in
all
Iust
and
Honourable
ways
endeavours
to
preserve
the
Union
and
Peace
betwixt
the
Three
Kingdoms
of
England
,
Scotland
,
and
Ireland
,
and
neither
for
Hope
,
Fear
,
or
any
other
Respects
,
shall
relinquish
this
Promise
,
Vow
,
and
Protestation
.
This
Protestation
was
read
by
Mr.
Mainard
.
Here
followeth
the
Names
of
the
Members
of
the
House
of
Commons
,
who
took
the
same
,
May
3.
1640.
viz.
-
WIll
.
Lenthal
,
Esq
Speak
.
-
Edward
Hide
.
-
George
L.
Digby
.
-
Lord
Faulkland
.
-
Sir
Iohn
Culpepper
.
-
Iohn
Selden
.
-
Orlando
Bridgeman
.
-
Sir
William
Pennyman
.
-
Sir
Henry
Herbert
.
-
Sir
Tho.
Fanshaw
.
-
Sir
William
Widdrington
.
-
Sir
Fredreick
Cornwallis
.
-
Robert
Holborne
,
Esq
-
Tho.
Chicheley
,
Esq
-
Sir
George
Wentworth
.
-
William
Mallory
,
Esq
-
Io.
Bellasis
,
Esq
-
Sir
Guy
Palmes
.
-
Edm.
Waller
,
Esq
-
Sidney
Godolphin
,
Esq:
-
Sir
Nich.
Slany
.
-
Sir
Hen.
Slingsby
.
-
Tho
Iermin
,
Esq
-
Sir
Tho.
Peyton
.
-
Sir
Philip
Musgrave
.
-
Sir
Patricius
Curwin
.
-
Sir
Iohn
Stowel
.
-
Sir
Iohn
Strangwayes
.
-
Sir
Iohn
Paulet
.
-
Sir
Rich.
Wynn.
-
Tho.
Tomkins
,
Esq
-
Arthur
Capel
,
Esq
-
Iames
L.
Compton
.
-
Sir
Ralph
Hopton
.
-
Geofrey
Palmer
,
Esq
-
Io.
Vaughan
,
Esq
-
Edw.
Montague
,
Esq
-
Geo.
Montague
,
Esq
-
Will
.
Plydell
,
Esq
-
Sir
Iohn
Paulet
.
-
Charles
Price
,
Esq
-
Herbert
Price
,
Esq
-
Sir
Ralph
Sidenham
.
-
Fitzwilliam
Cognisby
,
Esq
-
Baptist
Noel
,
Esq
-
Sir
Roger
Palmer
.
-
Iohn
Coventry
,
Esq
-
Edw.
Seymor
,
Esq
-
Sir
Arthur
Ingram
.
-
Sir
Tho.
Ingram
.
-
Sir
Edw.
Verney
.
-
Sir
Ralph
Verney
.
-
Eranics
Newport
,
Esq
-
Ben.
Weston
,
Esq
-
Lord
Mansfield
.
-
Sir
William
Carnaby
.
-
Sir
Nicholas
Slaning
.
-
Io.
Craven
,
Esq
-
William
Constantine
,
Esq
-
Sir
Edw.
Deering
.
-
Sir
Geo.
Dalston
.
-
Sir
Tho.
Bowyer
.
-
Io.
Hamden
,
Esq
-
Henry
Pelham
,
Esq
-
Sir
Tho.
Widdrington
.
-
Sir
Henry
Herbert
.
-
Sir
Edw.
Bainton
.
-
Iames
Cambel
,
Esq
-
Sir
Tho.
Heale
.
-
Sir
Henry
Anderson
.
-
Sir
Harbottle
Grimston
:
-
Sir
Robert
Pye
,
Senior
.
-
Ferd.
L.
Fairfax
.
-
Sir
Henry
Mildmay
.
-
Sir
William
Armyn
.
-
Sir
Roger
North.
-
Sir
Walter
Deaveraux
.
-
Tho.
Hatcher
,
Esq
-
Sir
Chr.
Yelverton
.
-
William
L.
Russel
.
-
Sir
Philip
Stapleton
.
-
Sir
Henry
Cholmly
.
-
Sir
Iohn
Hotham
.
-
Iohn
Pym
,
Esq
-
Sir
Ben.
Rudyard
.
-
Herbert
,
Esq
-
Digby
,
Esq
-
Sir
Gilbert
Gerrard
.
-
Lord
Ruthen
.
-
Sir
Nevil
Pool
.
-
Denzil
Hollis
,
Esq
-
Iohn
Maynard
,
Esq
-
Sir
Robert
Harly
,
-
Iohn
Glyn
,
Esq
-
Sir
Tho.
Barrington
.
-
William
Stroud
,
Esq
-
Nathan
.
Fines
Esq
-
Henry
Martin
,
Esq
-
Iohn
Bodvil
,
Esq
-
Sir
Fran.
Knoles
.
-
Rich.
Shettleworth
,
Esq
-
Iohn
Moor
,
Esq
-
Sir
Simon
D'Ewes
.
-
Sir
Iohn
Wray
.
-
Sir
Chr.
Wray
.
-
Sir
Martin
Lomly
.
-
Herbert
Morly
,
Esq
-
Tho.
L.
Grey
,
-
Rog.
Burgoine
,
Esq
-
Sir
Edw.
Hungerford
.
-
Sir
Iohn
Curson
.
-
Will
.
Perepoint
,
Esq
-
Iohn
Marstal
,
Esq
-
Hugh
Owen
,
Esq
-
Norton
Knatchbold
,
Esq
-
Sir
Ed.
Hales
.
-
Sir
Ed.
Master
—
-
Iohn
Cowcher
,
Esq
-
Sir
William
Strickland
.
-
Sir
Edw.
Boys
.
-
Sir
Tho.
Walsingham
.
-
Sir
Peter
Wrath.
-
Tho.
Maleveror
,
Esq
-
Edw.
Bainton
,
Esq
-
Oliver
Cromwel
,
Esq
-
Sir
Gilbert
Pickering
.
-
Will
.
Whittaker
,
Esq
-
Mich.
Oldsworth
,
Esq
-
Sir
Iohn
Harrison
.
-
Sir
Hugh
Cholmley
.
-
Isaack
Penington
,
Esq
-
George
Peard
,
Esq
-
Sir
Io.
Howard
.
-
Henry
Vaughan
,
Esq
-
Ed.
Kirton
,
Esq
-
Ed.
Bagshaw
,
Esq
-
Sir
Walter
Smith
.
-
Rich.
Harding
,
Esq
-
Bulstred
Whitlock
,
Esq
-
Will
.
Price
,
Esq
-
Henry
Lucas
,
Esq
-
Gilbert
Willington
,
Esq
-
Sir
Tho.
Huchinson
.
-
Sir
Will
.
Morly
.
-
Sir
Henry
Bellingham
.
-
Sir
Iohn
Frankland
.
-
Sir
Iohn
Clotworthy
.
-
Sir
Edw.
Munford
.
-
Will
.
Kage
,
Esq
-
Iohn
Northcot
,
Esq
-
Sir
Tho.
Middleton
.
-
Sir
Iohn
Salisbury
.
-
Sir
Ro.
Nappier
.
-
Tho.
Lower
,
Esq
-
Fran.
Gerrard
,
Esq
-
Perigrin
Pelham
,
Esq
-
Tho.
Fountain
,
Esq
-
Hen.
Vernon
,
Esq
-
Lord
Lisle
.
-
Ed.
Dawx
,
Esq
-
Ro.
Scowen
,
Esq
-
Sir
Dudly
North.
-
Lawrance
Whitaker
,
Esq
-
Sir
Humphry
Tufton
.
-
Henry
Heyman
,
Esq
-
Tho.
Hiblethwait
,
Esq
-
Arthur
Iones
,
Esq
-
Will
.
Bell
,
Esq
-
Io.
Harvy
,
Esq
-
Io.
Ash
,
Esq
-
Geo.
Gallop
,
Esq
-
Io.
Nash
,
Esq
-
Edw.
Ash
,
Esq
-
Rich.
Seaburn
,
Esq
-
Cornelius
Holland
,
Esq
-
Edm.
Dunch
,
Esq
-
Rich.
Barwis
,
Esq
-
Humph.
Hook
.
Esq
-
Ro.
Trelawny
,
Esq
-
Rich.
Weston
,
Esq
-
Iohn
Goodwin
,
Esq
-
Nath.
Stephen
,
Esq
-
Io.
White
,
Esq
-
Sir
Ed.
Griffin
.
-
Rich.
Albrough
,
Esq
-
Dr.
Sam.
Turner
.
-
Ral.
Snead
,
Esq
-
Ed.
Patridge
,
Esq
-
Sir
Peter
Temple
.
-
Poynings
Moore
,
Esq
-
Sir
Will
.
Lewis
.
-
Peter
Venebles
,
Esq
-
Hen.
Killagrew
,
Esq
-
Iohn
Harris
,
Esq
-
Io.
Moston
,
Esq
-
Peter
Leigh
,
Esq
-
Dr.
Tho.
Eaden
.
-
Will
.
Glanvil
,
Esq
-
Arthur
Goodwin
,
Esq
-
Edw.
Owner
,
Esq
-
Tho.
Toll
,
Esq
-
Iohn
Polwhil
,
Esq
-
Simon
Thelwal
,
Esq
-
Oliv.
St.
Iohn
Regis
Sol.
-
Sir
Will
.
Allynson
.
-
Io.
Crew
.
-
Rich.
Catelin
,
Esq
-
Ro.
Goodwy
,
Esq
-
Io.
Blakeston
,
Esq
-
Sir
Will
.
Brereton
.
-
Miles
Corbet
,
Esq
-
Phil.
Smith
,
Esq
-
Sir
Rich.
Vivion
.
-
—
Ravenscroft
,
Esq
-
Sir
Tho.
Middleton
.
-
Rich.
Kingsly
,
Esq
-
Ralph
Ashton
,
Esq
-
Will
.
Fitzwilliams
,
Esq
-
Henry
Bellasis
,
Esq
-
Sir
Edw.
Ascue
.
-
Sir
Edm.
Fowel
.
-
Sir
Io.
Price
-
Rich.
Boyle
,
Lord
Dungarven
.
-
Edw.
Pool
,
Esq
-
Roger
Hill
,
Esq
-
Sir
Io.
Eveling
.
-
Edw.
Prideaux
,
Esq
-
Giles
Green
,
Esq
-
Dennis
Bond
,
Esq
-
Roger
Mathews
,
Esq
-
Zouch
Pate
,
Esq
-
Io.
White
,
Esq
-
Rich.
Moore
,
Esq
-
Rich.
Reeves
,
Esq
-
Tho.
Pewry
,
Esq
-
Will
.
Pewrifoy
,
Esq
-
Will
.
Spurs●ow
,
Esq
-
Simon
Snow
,
Esq
-
Rich.
Ferris
,
Esq
-
Ed.
Thomas
,
Esq
-
Serj.
Wild.
-
Humphrey
Salway
,
Esq
-
Tho.
Leeds
,
Esq
-
Will
.
Harrison
,
Esq
-
Gervis
Clifton
.
-
Will
.
Herbert
,
Esq
-
Iohn
Woogan
,
Esq
-
Henry
Brett
,
Esq
-
Iohn
Trevanion
,
Esq
-
Walter
Lloyd
,
Esq
-
Sir
Rich.
Leigh
.
-
Sir
Tho.
Ingram
.
-
Sir
Ro.
Crane
.
-
Iohn
Upton
,
Esq
-
Iohn
Arundel
,
Esq
-
Iona.
Rashly
,
Esq
-
Rich.
Arundel
,
Esq
-
Iohn
Woddon
,
Esq
-
Iohn
Pearsival
,
Esq
-
Sir
Will
.
Portman
.
-
Theobald
Gorge
,
Esq
-
Tho.
Smith
,
Esq
-
Sir
Martin
Lister
.
-
Sir
Tho
Che●k
.
-
Tho.
Hayle
,
Esq
-
Anthony
Beding
field
,
Esq
-
Sir
Tho
Smith
.
-
Ralph
Ashton
,
Esq
-
Iohn
Potts
,
Esq
-
Francis
Rowse
,
Esq
-
Pierce
Edcomb
,
Esq
-
Sir
Walter
Earl
.
-
Sir
Will
.
Masham
.
-
Iohn
Gourdon
,
Esq
-
Iohn
Role
Esq
-
Tho.
Arundel
,
Esq
-
Ioseph
Iane
,
Esq
-
Sir
Philip
Parker
.
-
Arthur
Ains●ow
,
Esq
-
Geo.
Hartnal
Esq
-
Edw.
Wingate
,
Esq
-
Robert
Sicil
Esq
-
Sir
William
Litton
.
-
Sir
Iohn
Iennings
.
-
Sir
Oliv
Luke
.
-
Sir
An.
Nichols
.
-
Iohn
Broxam
,
Esq
-
Iohn
Allured
,
Esq
-
Geo.
Buller
,
Esq
-
Iames
Fines
,
Esq
-
Nich.
Weston
,
Esq
-
Sir
Beauchamp
St.
Iohn
.
-
Sir
Richard
Ans●ow
.
-
Sir
Io.
Corbet
.
-
Sir
Alex.
Denton
.
-
Sir
Io.
Parker
.
-
Sir
Ro.
Parkhurst
.
-
Sir
Ambrose
Brown
.
-
Sir
Sam.
Owfield
.
-
Sir
Rich.
Buller
.
-
Alex.
Carew
,
Esq
-
Sir
Nath.
Barnadiston
.
-
Sir
Harvy
Baggott
.
-
Simon
Norton
,
Esq
-
Samson
Evers
,
Serj.
at
Law
.
-
Philip
Sidney
,
Lord
Lisle
.
-
Iohn
Alford
,
Esq
-
Sir
Ch.
Williams
.
-
Rich.
Herbert
,
Esq
-
Sir
Edw.
Alford
.
-
Sir
William
Plaitor
.
-
Francis
Gamull
,
Esq
-
Sir
Ioh.
Stepney
.
-
Sir
Io.
Brook
.
-
Io.
Fenwick
,
Esq
-
Will
.
Chadwell
.
,
Esq
-
Alex.
Lutterell
,
Esq
-
Io.
Burlace
,
Esq
-
Sir
Io.
Cook
.
-
Tho.
Cook
,
Esq
-
Tho.
May
,
Esq
-
Sir
Richard
Lewison
.
-
Iohn
Griffith
,
Esq
-
Matthew
Davis
,
Esq
-
Iohn
Fettiplace
,
Esq
-
Geo.
Loe
,
Esq
-
Rich.
Edgcomb
,
Esq
-
Sir
Ed.
Redny
.
-
Sir
Arth.
Ha●welrig
.
-
Sir
Fran.
Barnham
.
-
Sir
Tho.
Gervis
.
-
Ro.
Wallop
,
Esq
-
Iames
Rivers
,
Esq
-
Will
.
Haveningham
,
Esq
-
Will
.
Cawly
,
Esq
-
Iohn
Button
,
Esq
-
Tho.
Gervis
Esq
-
Sir
Hen.
Worsly
.
-
Hen.
Darly
,
Esq
-
Valentine
Walton
,
Esq
-
Sam.
Vassal
,
Esq
-
Hen.
Campion
,
Esq
-
Io.
Merrick
,
Esq
-
Herbert
Price
,
Esq
-
Tho.
Earle
,
Esq
-
Will
.
Marlet
,
Esq
-
Will
.
Drake
,
Esq
-
Sir
Ed.
Littleton
.
-
Sir
And.
Ludlow
.
-
Rich.
Harman
,
Esq
-
Rich.
Shettleworth
,
Esq
-
Sir
Iohn
Draidon
.
-
Will
.
Ellis
,
Esq
-
Will
.
Thomas
,
Esq
-
Io.
Pine
,
Esq
-
Will
.
Iepson
,
Esq
-
Iohn
Hotham
,
Esq
-
Tho.
Hodges
,
Esq
-
Tho.
Moore
,
Esq
-
Godfrey
Boswell
,
Esq
-
Antho.
Staply
,
Esq
-
Io.
Moyle
,
Esq
-
Will
.
Hay
,
Esq
-
Ferdinando
Stanhop
,
Esq
-
Harbottle
Grimston
,
Esq
-
Iohn
Craven
,
Esq
-
Rob-Crooke
,
Esq
-
Edw.
Philips
,
Esq
-
Rob.
Reynolds
,
Esq
-
Sir
Tho.
Pelham
.
-
Ben.
Valentine
,
Esq
-
Sir
Tho.
Fanshaw
.
-
Matthew
Cradock
,
Esq
-
—
Lloyd
,
Esq
-
Sir
Will
.
Dalson
.
-
Sir
Tho.
Woodhouse
,
-
Francis
Godolphin
,
Esq
-
Framlingham
Gaudy
,
Esq
-
Anthony
Irby
,
Esq
-
Lord
Wenman
.
-
Iohn
Lowry
,
Esq
-
Sir
Tho.
Danby
.
-
Iohn
Eveling
,
Esq
-
—
Long
,
Esq
-
George
Parry
,
Esq
-
Will
.
Morgan
,
Esq
-
Walter
Kirk
,
Esq
-
Sir
Tho.
Parker
.
-
—
Grantham
,
Esq
-
—
Tailor
,
Esq
-
Iohn
Trenchard
,
Esq
-
Rob.
Sutton
,
Esq
-
Iohn
Whistler
,
Esq
-
An.
Hungerford
,
Esq
-
Tho.
Eversfield
,
Esq
-
George
Searl
,
Esq
-
Cha.
Baldwin
,
Esq
-
Rich.
Whitehead
,
Esq
-
Gerrard
Napier
,
Esq
-
Hen.
Garton
,
Esq
-
Mich.
Noble
.
,
Esq
-
Serjeant
Creswel
.
-
Sir
Iohn
Holland
.
-
Sir
Will
.
Ogle
.
-
Sir
Charles
Gross
.
-
Sir
Geo.
Stonehouse
.
-
Ro.
Hurst
,
Esq
-
Will
.
Basset
,
Esq
-
Ralph
Godwin
,
Esq
-
Ro.
Nichols
,
Esq
-
Sir
Er.
Knowles
.
-
Nathan
.
Hollow
,
Esq
-
Ambros
Mannaton
,
Esq
-
Ro.
Walker
,
Esq
-
Sir
Rich.
Brown
.
A
Message
was
immediately
sent
to
the
Lords
to
acquaint
them
,
that
At
the
same
time
the
Commons
passed
several
Resolves
,
in
order
to
the
security
of
the
Nation
,
viz.
That
strict
enquiry
be
made
what
Papists
,
Priests
,
and
Iesuits
,
be
now
about
the
Town
;
That
the
1500
Barrels
of
Powder
going
to
Portsmouth
may
be
stayed
.
That
the
Forces
in
Wiltshire
and
Hampshire
be
drawn
towards
Portsmouth
.
And
the
Forces
in
Kent
and
Sussex
towards
Dover
:
And
they
did
declare
,
that
whosoever
should
give
Counsel
or
Assistance
,
or
joyn
any
manner
of
way
,
to
bring
any
Forreign
Force
into
the
Kingdom
,
unless
it
be
by
Command
from
His
Majesty
,
with
consent
of
both
Houses
of
Parliament
,
shall
be
adjudged
and
reputed
as
publique
Enemies
to
the
King
and
Kingdoms
.
These
Resolves
the
Commons
made
known
to
the
Lords
for
their
concurrence
,
The
Commons
did
further
communicate
unto
the
Lords
,
the
Protestation
which
they
had
taken
in
their
house
,
desiring
the
Lords
it
might
also
be
taken
by
every
Member
of
their
House
:
It
was
sent
to
the
House
of
Lords
by
Mr.
Hollis
,
who
at
the
delivery
thereof
,
did
(
amongst
other
passages
)
express
himself
to
this
effect
;
MY
LORDS
,
THe
Knights
,
Citizens
,
and
Burgesses
of
the
House
of
Commons
,
having
They
find
Jesuits
and
Priests
conspiring
with
ill
Ministers
of
State
,
to
destroy
our
Religion
;
they
find
ill
Ministers
conjoyned
together
,
to
subvert
the
Laws
and
Liberties
;
they
find
obstructions
of
Justice
(
which
is
the
Life
and
Blood
of
every
State
)
The
Parliament
of
late
years
have
been
like
the
Fig-tree
in
the
Gospel
,
without
Efficacy
,
without
Fruit
,
commonly
taken
away
,
as
Elias
was
with
a
whirlwind
,
never
coming
to
any
maturity
.
The
same
ill
Councils
which
first
raised
that
storm
,
and
almost
shipwrackt
the
Common-wealth
,
do
still
continue
,
they
blow
strong
like
the
East
wind
,
that
brought
the
Locusts
over
the
Land
;
Is
it
not
time
then
my
Lords
,
that
we
should
unite
and
concentrate
our selves
,
and
defeat
the
Counsels
of
these
Achitophels
,
which
would
involve
us
,
our
Religion
,
our
King
,
our
Laws
,
our
Liberties
,
all
that
can
be
near
and
dear
unto
an
honest
Soul
,
in
one
universal
and
general
desolation
,
to
defeat
I
say
,
the
Counsels
of
such
Achitophels
,
the
Knights
,
Citizens
,
and
Burgesses
of
the
House
of
Commons
(
knowing
themselves
to
be
specially
intrusted
with
the
preservation
of
the
whole
,
and
in
their
Conscience
perswaded
,
that
the
dangers
are
so
eminent
,
as
they
will
admit
of
no
delay
)
have
thought
fit
to
declare
their
united
affections
,
by
entring
into
an
Association
amongst
themselves
,
by
making
a
Solemn
Protestation
and
Vow
unto
their
God
,
that
they
will
unanimously
endeavour
to
oppose
and
prevent
the
Counsels
and
Counsellors
,
which
have
brought
upon
us
all
these
Miseries
and
the
Fears
of
greater
,
to
prevent
the
ends
,
and
bring
the
Authors
of
them
to
condigne
punishment
,
and
thereby
discharge
themselves
the
better
before
God
and
Man
.
Here
the
Protestation
was
read
unto
the
Lords
,
together
with
the
Grounds
and
Reasons
which
induced
the
House
of
Commons
to
make
it
,
which
are
prefixed
before
it
,
by
way
of
Preamble
.
The
Kings
Speech
on
Saturday
last
to
both
Houses
,
being
publiquely
Iustice
,
Iustice
,
&c.
known
in
the
City
,
rumours
were
spread
abroad
,
concerning
desperate
Plots
and
Designs
against
the
Parliament
,
which
occasioned
multitudes
of
people
to
resort
the
Monday
following
being
May
3.
to
both
Houses
of
Parliament
,
in
such
a
Confluence
as
hath
not
been
usual
;
they
tendred
Petitions
to
both
Houses
,
crying
Iustice
,
Iustice
against
the
Earl
of
Strafford
,
and
when
the
Houses
arose
,
they
departed
.
Tuesday
the
4th
of
May
,
the
Lords
desired
a
Conference
with
the
Commons
,
That
the
occasion
of
the
Conference
was
so
visible
,
that
he
should
not
need
to
say
more
of
it
,
the
multitudes
without
bespake
the
business
and
matter
of
it
;
That
which
he
had
to
say
was
by
Command
from
the
King
to
the
Peers
,
to
be
communicated
to
both
Houses
of
Parliament
;
That
His
Majesty
takes
notice
,
that
the
People
do
assemble
in
such
unusual
numbers
,
that
the
Council
,
and
Peace
of
the
Kingdom
may
be
thereby
interrupted
,
,
and
therefore
as
a
King
that
loveth
Peace
,
and
taketh
care
,
that
all
proceedings
in
Parliament
may
be
free
and
in
a
peaceable
manner
,
he
desires
that
these
Interruptions
may
be
removed
;
and
wisheth
both
Houses
to
devise
a
course
,
how
the
same
may
be
done
.
At
the
same
time
the
Lord
Privy
Seal
communicated
to
the
Commons
,
THat
whereas
your
Petitioners
did
yesterday
petition
,
for
the
redress
of
many
Grievances
,
and
for
the
execution
of
Justice
upon
the
Earl
of
Strafford
,
and
other
Incendiaries
,
and
to
be
secured
from
They
humbly
pray
that
instant
course
may
be
taken
for
the
discovery
thereof
,
and
that
speedy
execution
of
Justice
be
done
upon
the
Earl
of
Strafford
.
Whereupon
the
Lords
sent
six
Peers
of
their
House
to
the
Tower
,
to
understand
what
truth
there
was
in
this
Information
,
and
to
demand
of
the
After
that
the
Commons
returned
to
the
House
,
Doctor
Burgess
was
desired
The
said
Protestation
was
afterward
tendred
to
the
whole
Kingdom
,
with
this
intimation
,
that
whosoever
refused
to
take
it
,
should
be
noted
as
disaffected
to
the
Parliament
.
The
Commons
forthwith
ordered
the
bringing
in
of
a
Bill
,
for
the
That
day
the
Earl
of
Strafford
writ
this
ensuing
Letter
to
His
Majesty
.
May
it
please
Your
Sacred
Majesty
,
IT
hath
been
my
greatest
grief
in
all
these
Troubles
,
to
be
taken
as
a
person
which
should
endeavour
to
represent
and
set
things
amiss
between
Your
Majesty
and
Your
People
,
and
to
give
Counsels
tending
to
the
disquiet
of
the
Three
Kingdoms
.
Most
true
it
is
,
(
that
this
mine
own
private
Condition
considered
)
it
had
been
a
great
madness
,
(
since
through
Your
Gracious
Favour
I
was
so
provided
)
as
not
to
expect
in
any
kind
to
mend
my
fortune
,
or
please
my
mind
more
,
than
by
resting
where
Your
bounteous
Hands
had
placed
me
.
Nay
,
it
is
most
mightily
mistaken
;
for
unto
your
Majesty
it
is
well
known
,
my
poor
and
humble
Advices
concluded
still
in
this
,
That
Your
Majesty
,
and
Your
People
could
never
be
happy
,
till
there
were
a
right
understanding
betwixt
You
and
them
;
and
that
no
other
means
were
left
,
to
effect
and
settle
this
happiness
,
but
by
the
Counsel
and
Assent
of
Your
Parliament
,
or
to
prevent
the
growing
Evils
of
this
State
,
but
by
intirely
putting
Your Self
in
this
last
resort
,
upon
the
Loyalty
and
good
Affections
of
Your
English
Subjects
.
Yet
such
is
my
misfortune
,
that
this
Truth
findeth
little
credit
;
yea
,
the
contrary
seemeth
generally
to
be
believed
,
and
my self
reputed
as
one
who
endeavoured
to
make
a
separation
between
You
and
Your
People
;
under
a
heavier
censure
than
this
,
I
am
perswaded
no
Gentleman
can
suffer
.
Now
I
understand
the
minds
of
Men
are
more
and
more
incensed
against
me
,
notwithstanding
Your
Majesty
hath
Declared
,
That
in
Your
Princely
opinion
I
am
not
Guilty
of
Treason
,
and
that
You
are
not
satisfied
in
Your
Conscience
,
to
pass
the
Bill
.
This
bringeth
me
in
a
very
great
streight
,
there
is
before
me
the
ruine
of
my
Children
and
Family
,
hitherto
untouch'd
in
all
the
Branches
of
it
,
with
any
foul
crime
:
Here
are
before
me
the
many
ills
,
which
may
befall
Your
Sacred
Person
and
the
whole
Kingdom
,
should
Your Self
and
Parliament
part
less
satisfied
one
with
the
other
,
than
is
necessary
for
the
preservation
both
of
King
and
People
:
Here
are
before
me
the
things
most
valued
,
most
feared
by
mortal
men
,
Life
or
Death
.
To
say
Sir
,
that
there
hath
not
been
a
strife
in
me
,
were
to
make
me
less
man
,
than
,
God
knoweth
,
my
Infirmities
make
me
;
and
to
call
a
destruction
upon
my self
and
young
Children
,
(
where
the
intentions
of
my
heart
at
least
have
been
innocent
of
this
great
offence
)
may
be
believed
,
will
find
no
easy
consent
from
Flesh
and
Blood
.
But
with
much
sadness
I
am
come
to
a
Resolution
of
that
,
which
I
take
to
be
best
becoming
me
,
and
to
look
upon
it
,
as
that
which
is
most
principal
in
it
self
,
which
doubtless
is
the
prosperity
of
Your
Sacred
Person
,
and
the
Common
wealth
,
things
infinitely
before
any
private
mans
interest
.
And
therefore
in
few
words
,
as
I
put
my self
wholly
upon
the
Honor
and
Iustice
of
my
Peers
,
so
clearly
,
as
to
wish
Your
Majesty
might
please
to
have
spared
that
Declaration
of
Yours
on
Saturday
last
,
and
intirely
to
have
left
me
to
their
Lordships
;
So
now
to
set
Your
Majesties
Conscience
at
liberty
,
I
do
most
humbly
beseech
Your
Majesty
for
prevention
of
evils
,
which
may
happen
by
Your
refusal
to
pass
this
Bill
;
and
by
this
means
to
remove
(
praised
be
God
)
I
cannot
say
this
accursed
(
but
I
confess
)
this
unfortunate
thing
,
forth
of
the
way
towards
that
blessed
agreement
,
which
God
I
trust
,
shall
ever
establish
between
You
and
Your
Subjects
.
Sir
,
My
Consent
shall
more
acquit
you
herein
to
God
,
than
all
the
World
can
doe
besides
;
To
a
willing
man
there
is
no
injury
done
,
and
as
by
Gods
Grace
I
forgive
all
the
World
,
with
a
calmness
and
meekness
of
infinite
contentment
to
my
dislodging
Soul
:
So
Sir
,
to
you
I
can
give
the
life
of
this
world
,
with
all
the
chearfulness
imaginable
,
in
the
just
acknowledgment
of
your
exceeding
favours
;
and
only
beg
,
that
in
Your
Goodness
,
You
would
vouchsafe
to
cast
Your
Gracious
regard
upon
my
poor
Son
,
and
his
Three
Sisters
,
less
or
more
,
and
no
otherwise
than
as
their
(
in
present
)
unfortunate
Father
,
may
hereafter
appear
more
or
less
guilty
of
this
death
.
God
long
preserve
Your
Majesty
.
Tower
,
May
4.
1641.
Your
Majesties
most
Faithful
,
And
Humble
Subject
,
And
Servant
,
STRAFFORD
.
WEdnesday
the
5th
of
May
there
happened
to
be
a
strange
Hubbub
in
the
City
,
upon
a
false
Alarm
,
That
the
Parliament-House
was
Walter
Earl
was
making
a
Report
to
the
House
of
some
Plot
and
Design
to
blow
up
the
House
of
Commons
;
Whereupon
,
some
Members
in
the
Gallery
stood
up
,
the
better
to
hear
the
Report
,
and
Mr.
Moyle
of
Cornwal
,
and
Mr.
Middleton
of
Sussex
,
two
persons
of
good
bigness
,
weighed
down
a
board
in
the
Gallery
,
which
gave
so
great
a
crack
,
that
some
Members
thought
that
it
was
a
Plot
indeed
;
and
Sir
Iohn
Wray
speaking
out
,
he
smelt
Gunpowder
,
hastening
back
out
of
the
Gallery
;
some
Members
and
others
in
fear
,
running
out
of
the
House
,
frighted
people
in
the
Lobby
,
who
ran
into
the
Hall
,
crying
out
,
The
Parliament
House
was
falling
,
and
the
Members
were
slaine
,
and
the
people
running
in
a
hurry
through
the
Hall
,
Sir
Robert
Mansel
drew
his
Sword
,
bid
them
stand
for
shame
;
he
saw
no
Enemy
to
hurt
the
Parliament
,
nor
heard
no
noise
of
the
fall
of
the
Parliament-House
;
but
some
of
them
hastened
by
Water
from
Westminster
,
and
carryed
the
Alarm
into
London
,
which
occasioned
so
great
a
resort
of
People
in
multitudes
to
Westminster
,
to
save
the
Parliament
,
and
one
Regiment
of
Trained-Bands
,
Commanded
by
Colonel
Manwaring
,
upon
beat
of
Drum
,
were
instantly
Armed
,
and
marched
as
far
as
Covent-Garden
(
beyond
their
Liberties
)
to
secure
the
Parliament
,
but
finding
the
Alarm
false
,
they
returned
again
.
The
same
day
the
Commons
passed
the
Bill
for
the
continuance
of
the
present
Parliament
,
and
carried
the
same
up
to
the
Lords
.
The
House
of
Commons
commanded
all
their
Members
to
attend
the
House
,
and
not
to
depart
the
Town
.
The
next
day
the
Committee
appointed
to
joyn
with
the
Lords
,
for
taking
Examinations
concerning
the
Plot
,
did
acquaint
the
House
,
that
Henry
Iermin
,
and
Mr.
Henry
Piercy
,
Members
of
the
House
,
were
two
,
and
that
they
were
gone
towards
Portsmouth
;
Upon
which
Report
,
present
Information
came
,
that
the
Queen
was
preparing
to
go
to
Portsmouth
,
thereupon
both
His
Majesty
was
desired
by
both
Houses
,
to
issue
out
a
Proclamation
,
To
prevent
further
discontents
in
the
Army
,
this
Letter
was
sent
by
Order
,
to
Sir
Iacob
Ashly
,
and
Sir
Iohn
Coniers
,
to
be
communicated
to
the
Army
in
the
North.
WHereas
there
hath
been
just
cause
of
jealousie
,
that
there
hath
Iacob
Ashly
,
and
Sir
Iohn
Conyers
.
been
some
secret
Attempt
and
Practises
,
to
infuse
into
the
Army
a
mistake
of
this
Parliament
,
to
some
dangerous
intent
and
purpose
againk
this
State
;
and
that
now
the
matter
is
grown
to
strong
presumption
upon
further
discoveries
,
and
by
reason
that
some
of
those
which
were
suspected
to
have
been
active
therein
,
are
fled
upon
the
first
stirring
thereof
,
before
ever
they
were
once
named
.
It
pleaseth
this
House
to
Declare
,
That
notwithstanding
they
intend
to
search
into
the
bottom
of
this
Conspiracy
,
yet
purposing
to
proceed
,
especially
against
the
principal
Actors
therein
,
this
House
hath
resolved
,
whereunto
the
House
of
Peers
hath
likewise
consented
,
that
for
such
of
the
Army
as
the
Conspirators
have
endeavoured
to
work
upon
,
if
they
shall
testify
their
Fidelity
to
the
State
,
by
a
total
discovery
of
that
which
they
know
,
and
can
testify
therein
;
they
shall
not
only
be
free
from
all
punishment
,
but
also
shall
be
esteemed
to
have
done
that
,
which
is
for
the
service
of
the
State
,
in
the
discovering
so
dangerous
a
Plot
,
and
for
such
of
the
Army
as
are
and
shall
be
found
no
ways
tainted
with
the
Design
,
or
knowing
any
thing
thereof
,
shall
make
such
discovery
as
aforesaid
,
as
this
House
shall
no
ways
doubt
of
their
Loyalty
and
Fidelity
,
so
it
will
have
a
special
care
,
not
only
to
satisfy
all
such
Arrears
,
as
this
House
hath
formerly
promised
to
discharge
,
but
also
give
a
fair
testimony
of
the
sence
they
have
of
their
present
and
past
wants
;
And
it
is
ordered
by
this
House
,
that
immediately
after
the
receipt
hereof
,
you
should
communicate
this
their
Declartion
unto
all
the
Officers
and
Members
of
the
Army
,
under
your
Command
.
This
Plot
consisted
of
Three
Heads
,
the
first
was
the
design
upon
the
Tower
;
Iohn
Suckling
,
Iohn
Suckling
,
and
acquainting
him
therewith
,
he
told
him
he
would
furnish
him
with
the
said
number
.
Sir
Will
.
Bellfower
,
Lieutenant
of
the
Tower
being
examined
,
said
,
That
he
had
a
Command
to
receive
Capt.
Billingsly
with
100
Men
into
the
Tower
,
who
should
be
under
his
Command
.
That
the
Earl
of
Strafford
at
that
time
,
expostulating
with
him
about
his
escape
,
told
him
he
would
attempt
nothing
in
Three
other
Witnesses
were
examined
,
who
did
Depose
,
That
being
desirous
to
see
the
Earl
of
Strafford
,
they
were
carried
to
the
back
door
The
Plot
concerning
the
Army
was
thus
.
Col.
Goring
upon
his
Examination
in
the
House
of
Commons
,
did
confess
Iohn
Suckling
was
the
first
Person
that
ever
made
any
overture
unto
him
concerning
the
Armys
marching
towards
London
;
afterwards
being
in
the
Queens
Lodgings
,
he
met
with
Mr.
H.
P.
which
was
about
the
beginning
or
middle
of
Lent
last
,
and
Mr.
P.
told
him
,
there
was
a
Consultation
of
Officers
to
be
had
,
concerning
the
good
of
the
Army
,
and
desired
him
to
go
along
with
him
to
his
Chamber
,
where
the
meeting
was
to
be
;
there
were
present
at
the
same
meeting
Comissary
Wilmott
,
Col.
Ashburnham
,
Capt.
Pollard
,
Sir
Iohn
Berkly
,
Dan.
O-Neal
,
Mr.
Iermin
and
himself
.
That
Mr.
P.
said
,
there
were
Propositions
to
be
made
,
which
were
of
great
concernment
,
and
that
it
was
necessary
there
should
be
an
Oath
of
Secresie
taken
,
before
any
thing
was
propounded
;
That
the
Oath
should
be
to
this
purpose
,
that
we
should
neither
directly
nor
indirectly
discover
any
part
of
the
Consultation
,
nor
ever
to
think
our selves
dissolved
from
that
Oath
,
by
any
other
Oath
,
which
might
be
imposed
upon
us
hereafter
.
which
Oath
was
read
out
of
a
Paper
,
when
it
was
tendred
unto
them
,
and
that
thereupon
they
were
sworn
by
laying
their
hands
upon
the
Bible
,
That
he
and
Iermin
were
sworn
together
,
for
the
rest
had
taken
the
Oath
before
.
Then
three
Propositions
were
made
unto
them
,
being
the
same
in
substance
,
expressed
in
Mr.
P.
Letter
.
He
further
said
,
That
the
whole
number
there
met
,
were
of
opinion
,
that
the
Army
should
not
march
towards
London
,
till
a
Declaration
had
been
first
sent
up
to
the
Parliament
.
That
he
the
said
Goring
answered
,
it
was
a
nice
point
to
interpose
in
the
proceedings
of
the
Parliament
,
and
did
propound
some
difficulties
to
allay
the
business
,
to
divert
Comissary
Wilmot
,
and
those
other
persons
from
so
dangerous
a
business
,
and
said
,
that
he
did
think
it
was
a
design
of
Folly
to
undertake
it
,
for
they
must
think
that
the
Scots
would
take
the
advantage
upon
the
Armys
removal
Southwards
,
whose
correspondency
was
so
great
with
the
City
,
and
for
them
to
begin
to
shew
their
Teeth
,
and
not
be
able
to
bite
,
would
argue
little
prudence
.
That
they
should
either
undertake
it
so
,
as
to
goe
thorough
with
it
,
or
to
let
it
alone
;
That
he
did
ask
them
,
What
Ammunition
they
had
to
accommodate
so
great
an
Army
,
and
whether
they
could
command
the
Ammunition
in
the
Tower
.
That
Wilmot
,
Pollard
,
and
Ashburnham
,
then
made
answer
,
they
had
no
purpose
to
go
to
London
,
for
to
surprize
the
Tower
,
was
to
conquer
the
Kingdom
.
That
this
amongst
other
passages
,
was
part
of
the
discourse
at
the
first
meeting
.
That
shortly
after
,
there
was
another
meeting
of
the
same
persons
,
and
in
the
same
place
in
Mr.
Peircies
Chamber
,
where
there
were
Propositions
of
another
nature
,
Desperate
and
Impious
on
the
one
hand
,
and
foolish
on
the
other
:
and
that
he
endeavoured
by
Argument
to
divert
them
,
by
propounding
an
impossibility
to
effect
the
same
:
For
how
could
the
Army
lodged
in
several
Quarters
,
unpaid
,
and
at
such
a
distance
,
march
on
a
sudden
to
London
,
and
surprize
what
they
had
in
Design
?
That
Mr
Iermin
was
the
person
that
first
proposed
the
marching
of
the
Army
towards
London
;
That
he
for
his
part
,
declared
himself
absolutely
against
it
:
That
Mr.
Iermin
replyed
to
him
in
private
;
You
do
not
dislike
the
Design
,
for
you
are
as
ready
for
any
wild
mad
undertaking
,
as
any
man
I
know
,
but
you
dislike
the
temper
of
those
persons
who
are
ingaged
in
the
business
.
He
did
further
confess
,
That
he
propounded
,
that
Suckling
might
also
be
admitted
to
the
Consultation
,
but
Wilmot
,
Ashburnham
,
and
Pollard
would
not
hear
of
it
;
and
they
three
did
then
declare
themselves
against
the
Armys
marching
towards
London
.
Then
he
took
occasion
to
say
,
That
he
did
acquaint
some
Members
of
both
Houses
,
whom
he
could
name
,
that
there
were
some
of
the
Army
whom
they
did
not
think
so
well
of
,
were
more
faithful
and
serviceable
to
the
Parliament
,
than
they
were
aware
of
,
which
time
would
produce
,
and
named
them
;
and
they
did
accordingly
give
testimony
of
his
Integrity
,
so
far
as
general
Terms
could
discover
the
design
:
He
confessed
,
that
Mr.
Iermin
did
make
some
offers
unto
him
,
to
relinquish
the
Government
of
Portsmouth
,
upon
some
other
terms
of
advantage
;
but
he
said
,
he
did
not
conclude
any
thing
,
for
he
would
first
see
the
performance
of
what
was
offered
,
so
had
no
further
discourse
with
him
concerning
that
business
,
but
he
doth
believe
that
Suckling
and
Iermin
did
confer
together
about
the
Design
;
he
said
,
they
did
desire
his
opinion
about
a
General
;
some
were
for
Essex
,
some
for
Holland
,
but
he
with
Iermin
,
were
for
Newcastle
.
Being
again
examined
upon
his
Oath
,
before
the
Committee
of
Lords
and
Commons
,
and
pressed
more
particularly
to
answer
questions
not
before
proposed
unto
him
;
He
did
confess
,
that
meeting
with
Mr.
Iermin
in
the
Queens
Drawing-Chamber
,
Her
Majesty
came
and
told
him
,
the
King
would
speak
with
him
,
and
meeting
with
His
Majesty
,
he
told
him
,
he
was
minded
to
set
His
Army
into
a
good
posture
,
being
advised
thereto
by
the
Earl
of
Bristol
(
as
he
said
)
and
His
Majesty
then
Commanded
him
to
joyn
with
Mr.
Peircy
,
and
some
others
in
that
business
.
As
for
the
Designs
from
beyond
Seas
,
the
Committee
did
make
Report
to
the
House
,
that
it
was
clear'd
unto
them
,
that
Iermin
endeavoured
to
have
got
the
possession
of
Portsmouth
;
That
the
King
of
France
had
drawn
down
great
Forces
to
the
Sea-side
;
That
the
Governor
of
Calice
had
examined
some
Englishmen
,
whether
the
Earl
of
Straffords
Head
was
yet
off
?
and
this
was
in
point
of
time
the
First
of
May
,
according
to
the
English
stile
,
and
Sir
Philip
Cartwright
,
Governor
of
Guernsey
,
wrote
Letters
also
,
which
came
in
great
haste
;
That
he
understood
the
French
had
a
Design
upon
that
Island
,
or
some
part
of
England
.
It
also
appeared
to
the
Committee
by
divers
of
the
Letters
,
which
were
opened
coming
from
beyond
Sea
,
that
they
expected
the
Earl
of
Strafford
there
,
and
that
they
hoped
the
Horseleeches
should
be
starved
for
want
of
Blood
;
and
in
some
of
those
Letters
,
there
was
advice
to
the
Cardinal
,
to
bestir
himself
betimes
,
to
interrupt
the
height
of
the
proceedings
here
in
England
.
Also
examination
of
some
Priests
were
taken
in
Lancashire
,
and
sent
up
to
London
,
which
were
there
taken
the
3
of
May
,
which
did
testify
,
That
the
Priests
did
say
,
The
Parliament
should
be
suddenly
Dissolved
,
for
the
Army
was
to
march
up
thither
with
all
speed
,
and
they
would
be
seconded
by
Forces
out
of
France
;
and
that
Mountague
did
write
out
of
France
to
Mr
Peircy
(
which
was
also
intercepted
)
That
if
he
did
perform
what
he
had
undertaken
,
he
would
be
made
a
Knight
of
the
Garter
Mr.
Peircys
Letter
to
the
Earl
of
Northumberland
,
and
by
him
presented
to
the
Parliament
WHat
with
my
own
Innocency
,
and
the
Violence
I
hear
is
against
When
there
was
50000
l.
designed
by
the
Parliament
for
the
English
Army
,
there
was
(
as
I
take
it
)
a
suddain
Demand
by
the
Scots
at
the
same
time
,
of
25000
l
,
of
which
there
was
15000
l.
ready
;
this
they
pressed
with
much
necessity
,
so
as
the
Parliament
did
(
after
an
Order
made
)
think
it
fit
for
them
to
Reduct
10000
l.
out
of
the
50000
l.
formerly
granted
,
upon
which
,
the
Soldiers
in
our
House
were
much
scandalized
,
amongst
which
was
one
,
and
sitting
by
Wilmot
and
Ashburnham
,
Wilmot
stood
up
and
told
them
,
If
that
the
Scots
could
procure
Money
,
he
doubted
not
but
the
Officers
of
the
English
Army
might
easily
do
the
like
;
but
the
first
Order
was
reversed
notwithstanding
,
and
10000
l
,
given
to
the
Scots
,
this
was
the
cause
of
many
discourses
of
dislike
among
us
,
and
came
to
this
purpose
,
That
they
were
disobliged
by
the
Parliament
,
and
not
by
the
King
,
this
being
said
often
to
one
another
,
we
did
Resolve
,
that
Wilmot
,
Ashburnham
,
Pollard
,
O-Neal
,
and
my Self
,
to
make
some
expressions
of
serving
the
King
in
all
things
he
would
Command
us
,
that
were
Honourable
for
Him
and
us
,
being
likewise
agreeing
to
the
fundamental
Laws
of
the
Kingdom
,
that
so
far
we
would
live
and
dye
with
him
.
This
was
agreed
upon
with
us
,
not
having
any
communication
with
others
,
that
I
am
coupled
now
with
all
;
and
further
,
by
their
joynt
consent
,
I
was
to
tell
His
Majesty
thus
much
from
them
,
but
withal
,
I
was
to
order
the
matter
so
,
as
the
King
might
apprehend
this
as
a
great
Service
done
unto
him
at
this
time
,
that
when
affairs
were
in
so
ill
a
condition
,
and
they
were
most
confident
they
would
ingage
the
whole
Army
thus
far
,
but
further
,
they
would
undertake
nothing
,
because
they
would
neither
infringe
the
Liberty
of
the
Subjects
,
nor
destroy
the
Laws
;
to
which
I
and
every
one
consented
;
and
having
their
sence
,
I
drew
the
Heads
up
in
a
Paper
,
which
they
all
approved
of
when
I
read
it
,
and
then
we
did
by
an
Oath
,
promise
one
another
,
to
be
constant
and
secret
in
all
this
,
and
did
all
of
us
take
this
Oath
together
;
then
I
said
,
Well
Sirs
,
I
must
now
be
informed
,
what
your
particular
desires
are
,
that
so
I
may
be
the
better
able
to
serve
you
,
which
they
were
pleased
to
do
;
and
so
I
did
very
faithfully
serve
them
therein
,
as
far
as
I
could
:
This
is
the
Truth
,
and
all
the
Truth
,
upon
my
Soul
.
In
particular
discourses
after
that
,
we
did
fall
upon
the
petitioning
to
the
King
and
Parliament
for
Moneys
,
there
being
so
great
Arrears
due
to
us
,
and
so
much
delays
made
in
the
procuring
of
them
,
but
that
was
never
done
.
The
Heads
were
these
.
-
1.
Concerning
the
Bishops
Functions
and
Votes
.
-
2.
The
not
disbanding
of
the
Irish
Army
,
until
the
Scots
were
disbanded
to
.
-
3.
The
endeavouring
to
settle
His
Majesties
Revenue
to
that
proportion
it
was
formerly
.
And
it
was
resolved
by
us
all
,
if
the
King
should
require
our
assistance
in
those
things
,
that
as
far
as
we
could
,
we
might
contribute
thereunto
,
without
breaking
the
Laws
of
the
Kingdom
.
And
in
case
the
King
should
be
denyed
,
those
things
being
put
to
them
,
we
would
not
fly
from
him
:
all
these
persons
did
Act
and
Concur
in
this
as
well
as
I.
This
being
all
imparted
to
the
King
by
me
from
them
,
I
perceived
he
had
been
Treated
with
by
others
,
concerning
some
things
of
our
Army
which
agreed
not
with
what
was
proposed
by
me
,
but
tended
to
a
way
more
sharp
and
high
,
not
having
limits
,
either
of
Honor
or
Law
.
I
told
the
King
he
might
be
pleased
to
consider
with
himself
,
which
of
the
ways
it
was
fit
for
him
to
hearken
unto
?
for
us
,
we
were
resolved
not
to
depart
from
our
grounds
;
we
should
not
be
displeased
whosoever
they
were
,
but
the
particular
of
the
Designs
,
or
the
Persons
,
we
desired
not
to
know
,
though
it
was
no
hard
matter
to
guess
at
them
;
In
the
end
,
I
believe
the
danger
of
the
one
,
and
the
justice
of
the
other
made
the
King
tell
me
,
he
would
cast
off
all
thoughts
of
other
Propositions
but
ours
,
as
things
not
practicable
,
but
desired
notwithstanding
,
that
Goring
and
Iermin
,
who
were
acquainted
with
the
other
proceedings
,
should
be
admitted
amongst
us
;
I
told
him
,
I
thought
the
other
Gentry
would
never
consent
to
it
,
but
I
would
propose
it
,
which
I
did
,
and
we
were
all
much
against
it
,
but
the
King
did
press
it
so
much
,
as
at
the
last
it
was
consented
unto
,
and
Goring
and
Iermin
came
to
my
Chamber
there
:
I
was
appointed
to
tell
them
,
after
they
had
sworn
to
Secrecy
,
what
we
had
proposed
,
which
I
did
;
But
before
I
go
into
the
Debate
of
the
way
,
I
must
tell
you
,
Iermin
and
Goring
were
very
earnest
Suckling
should
be
admitted
,
which
we
did
all
decline
,
and
was
desired
by
all
our
men
to
be
resolute
in
it
,
which
I
was
,
and
gave
many
Reasons
;
whereupon
Mr.
Goring
made
answer
,
he
was
ingaged
with
Suckling
,
his
being
imployed
in
the
Army
;
but
for
his
meeting
with
us
,
they
were
content
to
pass
it
by
:
Then
we
took
up
again
the
ways
that
were
proposed
,
which
took
great
debate
,
and
theirs
differed
from
ours
in
Violence
and
Heigth
,
which
we
all
protested
against
,
and
parted
disagreeing
totally
,
yet
remitted
it
to
be
spoken
of
by
me
and
Iermin
to
the
King
,
which
we
both
did
,
and
the
King
constant
to
his
former
Resolutions
,
told
them
these
wayes
were
all
vain
and
foolish
,
and
would
think
of
them
no
more
.
I
omit
one
thing
of
Mr.
Goring
,
he
desired
to
know
how
the
Chief
Commands
were
to
be
disposed
of
,
for
if
he
had
not
a
Condition
worthy
of
himself
,
he
would
not
go
along
with
us
;
We
made
answer
,
That
no
body
thought
of
that
;
we
intended
,
if
we
were
sent
down
,
to
go
all
in
the
same
capacity
we
were
in
,
he
did
not
like
that
by
any
means
,
and
by
that
did
work
so
with
Mr.
Chidley
,
that
there
was
a
Letter
sent
by
some
of
the
Commanders
,
to
make
him
Lieutenant-General
;
and
when
he
had
ordered
this
matter
at
London
,
and
Mr.
Chidley
had
his
Instructions
,
then
did
he
go
to
Portsmouth
,
pretending
to
be
absent
when
this
was
a
working
;
we
all
desired
,
my
Lords
of
Essex
or
Holland
to
be
General
,
but
Goring
and
Iermin
were
for
Newcastle
.
They
were
pleased
to
give
Report
,
that
I
should
be
General
of
the
Horse
,
but
I
protest
,
neither
to
the
King
,
nor
any
else
,
did
I
so
much
as
think
of
it
;
My
Lord
of
Holland
was
made
General
,
and
so
all
things
were
laid
aside
:
and
this
is
the
Truth
,
and
all
the
Truth
I
knew
of
these
proceedings
;
and
this
I
will
,
and
do
protest
unto
you
upon
my
Faith
,
and
Wilmot
,
Ashburnham
,
and
O-Neal
,
have
at
several
times
confessed
and
sworn
;
I
never
said
any
thing
in
the
business
,
they
did
not
every
one
agree
unto
and
justify
.
This
Relation
I
sent
you
,
rather
to
inform
you
of
the
truth
of
the
matter
,
that
you
may
the
better
know
how
to
do
me
good
,
but
I
should
think
my self
very
unhappy
to
be
made
a
betrayer
of
any
body
;
what
concerned
the
Tower
,
or
any
thing
else
,
I
never
medled
withal
,
nor
ever
spake
with
Goring
,
but
that
night
before
them
all
,
and
I
said
nothing
but
what
was
consented
unto
by
any
party
;
I
never
spake
one
word
with
Suckling
,
Carnarvan
,
Davenant
,
or
any
other
creature
.
Methinks
,
if
my
Friends
and
kindred
knew
the
Truth
and
Justice
of
the
matter
,
it
were
no
hard
matter
to
serve
me
in
some
measure
.
Afterwards
was
read
Father
Philips's
Letter
to
Mr.
Mountague
,
as
followeth
;
THe
good
King
and
Queen
are
left
very
naked
;
the
Puritans
,
if
This
Speech
did
much
operate
to
the
disadvantage
of
the
Earl
of
Strafford
,
for
the
Commons
were
thereby
much
incensed
and
inflamed
against
him
,
and
this
brought
forth
the
next
day
,
being
Monday
,
a
Protestation
which
was
taken
in
both
Houses
of
Parliament
of
the
same
nature
,
but
rather
worse
than
the
Scotch
Covenant
.
The
Londoners
,
who
are
very
boysterous
,
came
upon
Monday
,
5
or
600
,
and
were
so
rude
,
that
they
would
not
suffer
the
Lords
to
come
and
go
quietly
and
peaceably
to
their
House
,
but
threatened
them
,
that
if
they
had
not
Justice
,
and
if
they
had
not
his
Life
,
it
should
go
hard
for
all
those
that
stood
for
him
;
following
them
up
and
down
,
and
call●g
for
Iustice
,
Iustice
,
Iustice
.
There
was
in
the
House
of
Commons
Fifty
six
that
denyed
to
pass
the
Earl
of
Straffords
Bill
;
their
Names
were
taken
,
and
they
were
fixed
upon
Posts
in
divers
parts
in
London
,
and
there
was
written
over
head
,
These
are
Straffordians
,
the
Betrayers
of
their
Countrey
.
By
this
means
it
came
to
pass
,
that
the
Lords
and
Judges
were
much
affrighted
,
and
the
most
of
his
friends
in
the
Lords
House
forsook
him
,
all
the
Popish
Lords
did
absent
themselves
,
the
Lords
of
Holland
and
Hartford
were
absent
,
so
was
Bristol
and
others
;
Savil
and
the
Duke
only
stuck
close
and
faithfully
to
him
,
and
some
few
other
Lords
;
God
knows
,
the
King
is
much
dejected
,
the
Lords
much
affrighted
,
which
made
the
Citizens
and
the
House
of
Commons
shew
their
heads
;
some
have
braved
little
less
than
to
Unthrown
His
Majesty
,
Who
,
if
He
had
but
an
ordinary
Spirit
,
might
easily
quash
and
suppress
these
people
.
Our
good
Queen
is
much
afflicted
,
and
in
my
conscience
,
the
Puritans
,
if
they
durst
,
would
tear
her
in
pieces
.
This
cannot
be
for
the
Honor
of
France
,
to
endure
a
Daughter
of
that
Nation
,
to
be
oppressed
and
affronted
.
The
Earl
of
Holland
is
made
General
of
the
Army
,
whither
he
is
gone
There
was
a
Report
in
London
,
that
the
Parliament
House
was
on
fire
,
whereupon
there
were
many
thousands
of
people
very
suddainly
gathered
together
;
whereby
you
may
easily
see
the
height
and
violence
of
the
peoples
affections
,
May
the
6th
.
Ann.
Dom.
1641.
Upon
the
reading
of
this
Letter
,
and
exceptions
taken
to
his
expression
,
That
the
Puritans
would
tear
the
Queen
in
pieces
,
and
to
other
passages
Francis
Philips
,
a
Romish
Priest
,
and
to
that
end
sent
him
a
Summons
,
which
he
doth
refuse
to
obey
,
and
makes
His
Majesties
House
a
Sanctuary
in
case
of
High
Treason
;
That
in
respect
to
His
Majesty
,
the
House
doth
forbear
to
take
further
course
herein
,
till
His
Majesty
be
further
acquainted
with
it
.
Hereupon
Father
Philips
appeared
,
and
was
called
to
the
Bar
of
the
Francis
Philips
,
and
his
name
was
Robert
Philips
,
and
that
the
Queen
wish'd
him
to
stay
till
he
had
spoken
with
the
King
,
and
the
King
told
him
,
the
House
may
send
for
him
,
when
they
call
for
any
of
his
Servants
,
till
then
he
need
not
goe
;
and
the
Letter
before
mentioned
,
being
produced
unto
him
,
he
confessed
the
same
to
be
his
own
Hand-writing
.
The
further
examination
of
this
business
,
was
referred
to
the
Committee
for
the
Popish
Hierarchy
,
who
drew
up
this
Impeachment
following
,
The
Impeachment
,
and
Articles
of
Complaint
against
Father
Philips
,
the
Queens
Confessor
,
lately
committed
to
the
Tower
by
the
Parliament
.
I.
THat
the
said
Father
Philips
hath
been
observed
to
be
a
great
cause
,
both
in
himself
and
his
Adherents
,
of
a
great
part
of
the
unquietness
of
this
State
.
II.
He
,
with
Parsons
,
and
others
their
Assistants
,
were
the
only
cause
that
the
Pope
was
stirred
up
to
some
Breves
to
these
Kingdoms
of
England
and
Scotland
,
to
hinder
the
Oath
of
Allegiance
,
and
lawful
Obedience
of
the
Subjects
to
Our
Gracious
King
,
that
so
they
may
still
fish
in
troubled
waters
.
III.
The
damnable
Doctrine
which
he
and
other
Jesuits
have
taught
,
to
Destroy
,
and
Depose
Kings
,
hath
been
the
cause
of
the
Civil
Wars
,
like
to
befall
these
Kingdoms
,
if
God
in
his
mercy
do
not
prevent
it
.
IV.
They
have
been
the
cause
of
the
Monopolies
projected
in
this
Kingdom
,
especially
concerning
Soap
,
the
Forrest
of
Dean
,
and
marking
of
Butter-Cask
,
where
all
the
Parties
were
Partners
,
and
Confederates
with
them
,
as
Sir
Basil
Brook
,
Sir
Iohn
Winter
,
and
a
Brother-in-law
of
the
said
Sir
Iohn
,
that
lived
in
Worcestershire
,
and
Mr.
Ployden
,
whose
Servant
named
Baldwin
,
hath
been
seen
to
deliver
to
Captain
Read
,
a
Substitute
of
the
Jesuits
,
an
hundred
pound
at
a
time
to
one
Jesuite
.
V.
Father
Philips
hath
been
a
great
Actor
with
the
Superior
of
the
Capuchins
,
who
is
a
most
turbulent
Spirit
,
and
was
sent
thither
by
Cardinal
Richlieu
of
France
,
to
be
a
spy
at
this
Court
for
the
French
Faction
:
And
hath
therefore
laboured
by
all
means
to
breed
dissentions
;
for
the
French
aim
at
nothing
more
,
then
to
make
a
Schism
betwixt
the
English
and
the
Scots
,
that
this
State
might
so
be
weakened
,
and
made
unable
to
withstand
them
,
that
so
they
might
have
an
opportunity
to
conquer
these
Kingdoms
;
these
unquiet
Spirits
having
access
to
Her
Majesty
,
may
importune
things
not
fit
for
the
State
.
VI.
The
said
Father
Philips
hath
been
guided
by
a
Gray
Fryer
,
who
by
degrees
hath
intruded
himself
to
be
a
Clerk
of
Her
Majestys
Chappel
,
and
Chaplain
Extraord
.
in
time
of
progress
,
who
when
he
is
out
of
London
,
goeth
by
the
name
of
Mr.
Wilson
,
but
his
true
name
is
Will
.
Thomson
Dr.
of
Divinity
,
as
some
Jesuits
have
affirmed
;
but
a
most
furious
Spirit
,
and
unquiet
,
and
therefore
by
Nickname
,
is
by
some
called
Cacafugo
,
that
is
as
much
as
if
in
English
you
should
say
Shit-fire
;
by
whom
Father
Philips
hath
been
so
led
,
that
he
hath
been
very
officious
to
perform
whatsoever
he
would
have
done
.
These
two
have
ruled
all
the
business
concerning
the
two
Kingdoms
on
the
Papists
parts
,
and
for
the
most
part
of
Rome
also
.
VII
.
The
said
Father
Philips
hath
placed
many
unfit
persons
about
Her
Majesty
,
viz.
Sir
Iohn
Winter
to
be
Her
Majesties
Secretary
,
Signior
Georgeo
come
late
Agent
from
the
Pope
,
his
Brother
was
by
his
means
admitted
to
be
Servant
Extraordinary
to
the
Queen
,
a
man
altogether
unfit
for
that
place
,
a
most
scandalous
person
,
having
three
Wives
,
all
now
alive
.
VIII
.
Sundry
persons
by
the
said
Father
Philips
have
been
admitted
to
be
the
Queens
Servants
Extraordinary
,
by
some
supposed
Office
or
other
,
as
Mr.
Laburn
,
Geo.
Gage
,
(
Brother
to
Col.
Gage
)
have
both
Oratorian
Priests
,
the
one
of
the
French
Faction
very
seditious
,
the
other
of
the
Spanish
,
whose
Brother
is
now
left
Resident
at
Rome
for
them
,
by
his
Master
Mr.
William
Hamilton
late
Agent
at
Rome
;
Penrick
is
sworn
Servant
Extraordinary
to
Her
Majesty
,
who
is
a
sworn
Spaniard
,
and
Intelligencer
for
Rome
,
in
respect
his
Brother
is
Agent
here
by
Father
Philips
;
these
and
many
others
,
who
are
factious
and
turbulent
spirits
,
have
by
Father
Philips
his
means
,
received
protection
from
the
Queens
Majesty
.
IX
.
The
said
Philips
hath
been
much
ruled
by
Sir
Toby
Mathews
,
Sir
Iohn
Winter
,
and
Mr.
Walter
Mountague
.
X.
He
was
very
forward
with
his
Complices
,
for
the
breaking
of
the
Ice
to
begin
the
Treaty
here
for
the
Popes
Honors
sake
,
and
when
Sir
Robert
Dowglas
,
and
Signior
Georgio
were
nominated
,
whom
he
thought
most
fit
,
Cardinal
Richlieu
was
thought
fittest
to
be
the
man
who
should
direct
him
to
begin
the
correspondency
between
the
Pope
and
the
Queen
,
and
therefore
he
was
sent
to
France
with
many
Letters
,
and
from
thence
he
was
dispatched
for
Rome
by
the
Cardinal
,
where
he
was
received
with
great
respect
;
and
after
a
Viatick
,
he
was
dispatched
again
for
England
with
some
few
small
Gifts
,
as
Pictures
,
Crosses
,
Agnus
Dei's
,
and
such
like
Popish
stuff
,
to
Father
Philips
.
XI
.
The
said
Father
Philips
was
the
chief
Agent
in
correspondency
with
,
and
bringing
in
of
Signior
Georgio
Parsons
,
the
Oratorian
Priest
,
by
whose
direction
this
Priest
,
being
at
Paris
,
left
wearing
of
Priests
Cloaths
,
and
went
in
the
Habit
of
a
Gentleman
;
and
because
he
had
a
shaven
Crown
,
therefore
he
wore
a
Periwig
,
and
Father
Philips
directed
all
those
that
sent
to
write
to
him
,
as
to
an
Italian
Gentleman
,
desirous
to
see
these
Kingdoms
,
and
by
Father
Philips's
direction
,
he
afterwards
came
hither
,
who
did
here
contrive
for
the
space
of
two
years
,
practising
great
and
dangerous
Innovations
from
place
to
place
,
and
then
having
dispatched
his
business
,
returns
to
Rome
with
great
Presents
from
the
Catholicks
of
the
greater
sort
.
XII
.
Whereas
it
hath
pleased
God
to
bless
us
with
a
hopeful
Prince
,
to
the
comfort
of
our
King
and
Kingdom
,
yet
the
said
Father
Philips
hath
attempted
to
traduce
his
tender
years
to
Popery
;
but
God
hath
prevented
him
of
his
purpose
,
and
let
us
pray
to
God
to
preserve
that
Royal
Race
from
Popery
,
and
the
whole
Land
from
all
Innovations
,
that
Our
Gracious
King
may
rule
Gloriously
,
and
the
whole
Land
live
in
peace
to
the
Honor
of
God
,
and
Comfort
of
us
all
,
Amen
.
Resolved
,
That
Mr.
Henry
Peircy
in
the
Months
of
March
and
April
last
,
St.
Martins
,
in
the
County
of
Middlesex
,
did
compass
,
Plot
,
and
Conspire
with
others
,
to
draw
the
Army
together
,
and
imploy
the
same
against
the
Parliament
,
and
by
force
and
dread
thereof
,
to
compel
the
Parliament
to
agree
to
certain
Propositions
by
them
contrived
,
and
to
hinder
and
interrupt
the
Proceedings
of
the
Parliament
;
The
like
Resolution
in
the
same
words
concerning
Mr.
Iermin
,
Sir
Iohn
Suckling
,
&c.
Resolved
,
That
in
pursuance
of
the
said
Design
,
the
said
Henry
Peircy
by
the
Plot
and
Combination
aforesaid
,
did
endeavour
to
perswade
divers
Members
of
the
House
of
Commons
of
the
said
Parliament
and
others
,
being
Officers
of
the
said
Army
,
that
is
to
say
,
Wilmot
,
Ashburnham
,
Berkley
,
Pollard
,
and
Daniel
O-Neal
,
that
they
were
disobliged
by
the
Parliament
,
thereby
to
incense
them
,
and
to
affect
them
against
the
Parliament
,
and
did
hold
divers
consultations
with
the
said
parties
,
to
effect
the
said
wicked
and
dangerous
Design
;
and
to
that
purpose
,
did
set
down
in
Writing
certain
Propositions
to
the
effect
as
followeth
,
viz.
The
preserving
of
Bishops
in
their
Functions
and
Votes
;
The
not
Disbanding
of
the
Irish
Army
,
until
the
Scots
were
Disbanded
;
And
the
endeavouring
to
settle
the
Kings
Revenue
to
the
proportion
it
was
formerly
.
Resolved
,
That
the
said
Henry
Peircy
did
in
pursuance
of
the
Plot
and
Combination
aforesaid
,
and
for
the
more
secret
carriage
thereof
,
administer
to
the
said
parties
a
wicked
and
unlawful
Oath
,
whereby
they
did
swear
upon
the
Holy
Evangelists
,
not
to
reveal
any
thing
,
that
was
spoken
concernig
the
business
,
that
was
in
Consultation
,
directly
or
indirectly
,
nor
to
think
themselves
absolved
by
any
other
Oath
that
should
be
after
taken
by
them
,
from
the
Secresie
enjoyned
by
the
said
Oath
.
Resolved
,
That
the
said
Henry
Peircy
at
the
time
of
the
said
Oath
was
taken
,
and
at
divers
other
times
did
propound
and
endeavour
to
perswade
the
persons
before-named
,
and
other
Officers
of
the
said
Army
,
to
put
the
said
Army
into
a
Warlike
posture
,
and
to
bring
them
up
to
London
,
and
likewise
to
make
themselves
sure
of
the
Tower
,
and
so
by
force
to
compel
the
Parliament
to
conform
to
their
Will
,
and
he
with
Suckling
,
&c.
did
endeavour
to
work
a
belief
in
the
said
Army
,
that
the
King
and
Parliament
would
disagree
,
and
so
to
persuade
them
to
adhere
to
His
Majesty
against
the
Parliament
;
and
said
,
that
all
the
French
about
the
City
of
London
would
assist
them
,
and
to
the
great
scandal
of
the
King
,
That
the
Prince
and
the
Earl
of
Newcastle
were
to
meet
the
Army
at
Nottingham
,
with
a
Thousand
Horse
;
and
that
Suckling
to
encompass
the
Design
of
gaining
the
Tower
,
did
contrive
,
that
100
Men
under
Capt.
Billing
sley
should
be
designed
for
that
purpose
,
when
the
opportunity
was
offered
.
To
the
end
the
City
of
London
should
not
be
able
to
make
any
resistance
,
when
the
said
Army
should
come
up
,
according
to
the
forementioned
Design
;
and
Suckling
by
the
means
and
Plot
aforesaid
,
did
thereby
endeavour
,
that
the
Earl
of
Strafford
,
then
Prisoner
in
the
Tower
,
might
the
better
incompass
his
escape
.
That
Berkley
and
O-Neal
being
questioned
,
did
flye
for
the
same
.
Resolved
,
That
upon
the
whole
matter
,
Mr.
Pierce
shall
be
charged
with
High
Treason
,
the
like
for
Iermin
and
Suckling
.
That
3000
l.
of
the
Pole-money
be
paid
to
Col.
Goring
,
for
the
use
of
the
Garrison
of
Portsmouth
.
Resolved
,
That
Col.
Goring
in
his
Depositions
concerning
this
Discovery
,
Friday
the
7th
of
May
,
the
Lords
passed
the
Bill
of
Attainder
,
as
also
Saturday
the
8th
of
May
,
Mr.
Hotham
was
sent
with
a
Message
to
the
House
of
Lords
,
to
desire
their
Lordships
to
joyn
with
them
,
to
move
His
Majesty
for
his
Consent
to
the
Bill
of
Attainder
,
in
regard
,
the
peace
of
the
Ringdom
doth
so
much
depend
upon
the
execution
of
that
Bill
,
which
had
passed
both
Houses
;
and
accordingly
a
certain
number
of
the
House
of
Peers
were
sent
unto
His
Majesty
,
to
acquaint
him
therewith
;
and
also
with
the
Bill
for
the
Continuance
of
this
present
Parliament
.
The
House
being
informed
,
That
Ships
were
ready
to
be
put
to
Sea
,
but
that
Mariners
could
not
be
got
.
It
was
the
same
day
Resolved
,
That
a
Sunday
the
9th
of
May
,
the
King
called
His
Privy
Council
together
at
Whitehall
,
and
propounded
several
scruples
unto
them
concerning
that
Bill
,
some
of
the
Judges
and
Bishops
were
present
also
,
to
whom
His
Majesty
imparted
his
doubts
,
and
had
their
opinions
therein
.
In
Fine
,
His
Majesty
gave
Order
for
a
Commission
to
impower
the
Earl
of
Arundel
,
the
Lord
Privy
Seal
,
and
two
other
Lords
,
to
give
his
Assent
to
the
Bill
,
for
the
Execution
of
the
Earl
of
Strafford
upon
Wednesday
following
;
as
also
to
the
other
Bill
for
the
continuance
of
this
present
Parliament
.
Monday
the
10th
of
May
,
the
Commission
passed
the
Great
Seal
accordingly
,
and
the
Commons
were
sent
for
to
the
House
of
Lords
,
to
be
present
at
the
giving
the
Royal
Assent
to
both
those
Bills
.
The
same
day
His
Majesty
sent
a
Message
to
both
Houses
,
that
the
Irish
It
was
hereupon
moved
,
That
Mr.
Treasurer
be
desired
by
the
House
of
Commons
to
return
their
Humble
thanks
to
His
Majesty
,
and
to
assure
him
,
that
they
would
make
him
as
Glorious
a
Potentate
,
and
as
rich
a
Prince
,
as
any
of
His
Predecessors
,
His
Majesty
continuing
still
to
take
the
advice
of
His
Great
Council
the
Parliament
along
with
him
,
in
the
management
of
the
great
affairs
of
the
Kingdom
.
The
Earl
of
Strafford
understanding
that
His
Majesty
had
passed
the
Bill
,
did
Humbly
Petition
the
House
of
Peers
.
SEEing
it
is
the
good
Will
and
pleasure
of
God
,
that
your
Petitioner
is
now
shortly
to
pay
that
Duty
which
we
all
owe
to
our
frail
Nature
;
Only
he
humbly
craves
to
return
your
Lordships
most
Humble
thanks
for
your
Noble
Compassion
towards
those
Innocent
Children
,
whom
now
with
his
last
blessing
,
he
must
commit
to
the
protection
of
Almighty
God
,
beseeching
your
Lordships
to
finish
his
pious
intentions
towards
them
,
and
desiring
that
the
reward
thereof
may
be
fulfilled
in
you
,
by
him
that
is
able
to
give
above
all
we
are
able
to
ask
or
think
;
Wherein
I
trust
the
Honourable
House
of
Commons
will
afford
their
Christian
Assistance
.
And
so
beseeching
your
Lordships
Charitably
to
forgive
all
his
Omissions
and
Infirmities
,
he
doth
very
heartily
and
truly
recommend
your
Lordships
to
the
Mercies
of
Our
Heavenly
Father
,
and
that
for
his
Goodness
he
may
perfect
you
in
every
good
Work
,
Amen
.
THO.
WENTWORTH
.
WHereas
the
Knights
,
Citizens
,
and
Burgesses
of
the
House
of
Commons
he
was
loose
and
absolved
from
the
Rule
of
Government
,
and
That
he
had
an
Army
in
Ireland
,
by
which
he
might
reduce
this
Kingdom
;
for
which
he
deserves
to
undergo
the
Pains
and
Forfeitures
of
High
Treason
.
And
the
said
Earl
hath
been
an
Incendiary
of
the
Wars
between
the
two
Kingdoms
of
England
and
Scotland
;
all
which
Offences
have
been
sufficiently
proved
against
the
said
Earl
upon
his
Impeachment
.
Be
it
therefore
Enacted
by
the
Kings
Most
Excellent
Majesty
,
and
by
the
Lords
and
Commons
in
this
present
Parliament
assembled
,
and
by
the
Authority
of
the
same
,
that
the
said
Earl
of
Strafford
,
for
the
Heinous
Crimes
and
Offences
aforesaid
,
stand
,
and
be
adjudged
and
attainted
of
High-Treason
,
and
shall
suffer
such
Pain
of
Death
,
and
incurr
the
Forfeitures
of
his
Goods
and
Chattels
,
Lands
,
Tenements
and
Hereditaments
of
any
Estate
of
Freehold
,
or
Inheritance
in
the
said
Kingdoms
of
England
and
Ireland
,
which
the
said
Earl
,
or
any
other
to
his
use
,
or
in
trust
for
him
,
have
or
had
the
day
of
the
first
sitting
of
this
Parliament
,
or
at
any
time
since
.
[
*
](A57925-e185500-b)
*
This
Proviso
hath
occasioned
the
common
discourse
and
opinion
that
this
Judgment
against
the
Earl
was
Enacted
never
to
be
drawn
into
President
.
Provided
,
that
no
Judge
or
Judges
,
Justice
,
or
Justices
whatsoever
,
shall
adjudge
or
interpret
any
act
or
thing
to
be
Treason
,
nor
hear
or
determin
any
Treason
in
any
other
manner
than
he
or
they
should
,
or
ought
to
have
done
before
the
making
of
this
Act
,
and
as
if
this
Act
had
never
been
had
or
made
;
Saving
always
unto
all
and
singular
Persons
,
Bodies
Politick
and
Corporate
,
their
Heirs
and
successors
,
others
then
the
said
Earl
and
his
Heirs
,
and
such
as
Claim
from
,
by
,
or
under
him
all
such
Right
Title
and
Interest
of
,
in
,
and
to
all
and
singular
such
of
the
said
Lands
,
Tenements
and
Hereditaments
,
as
he
,
they
,
or
any
of
them
had
before
the
first
day
of
this
present
Parliament
,
any
thing
herein
contain'd
to
the
contrary
notwithstanding
.
Provided
,
That
the
passing
of
this
present
Act
,
or
His
Majesties
Assent
thereunto
,
shall
not
be
any
determination
of
this
present
Sessions
of
Parliament
;
But
that
this
present
Sessions
of
Parliament
,
and
all
Bills
and
Matters
whatsoever
depending
in
Parliament
,
and
not
fully
Enacted
or
Determined
,
and
all
Statutes
and
Acts
of
Parliament
,
which
have
their
continuance
until
the
end
of
this
present
Session
of
Parliament
,
shall
remain
,
continue
,
and
be
in
full
force
as
if
this
Act
had
not
been
.
The
day
following
,
the
King
wrote
this
Letter
to
the
Lords
on
the
behalf
of
the
Earl
of
Strafford
,
and
sent
it
by
the
Prince
.
My
Lords
,
I
Did
yesterday
satisfie
the
Iustice
of
the
Kingdom
,
by
passing
the
Bill
of
Attainder
against
the
Earl
of
Strafford
;
but
Mercy
being
as
inherent
and
inseparable
to
a
King
as
Iustice
,
I
desire
at
this
time
in
some
measure
to
shew
that
likewise
,
by
suffering
that
unfortunate
Man
to
fulfil
the
Natural
Course
of
his
Life
in
a
Close
Imprisonment
;
Yet
so
,
if
ever
he
make
the
least
offer
to
escape
,
or
offer
directly
,
or
indirectly
to
meddle
in
any
sort
of
publick
business
,
especially
with
me
,
either
by
Message
or
Letter
,
it
shall
cost
him
his
Life
,
without
further
Process
;
This
if
it
may
be
done
without
the
Discontentment
of
my
People
,
will
be
an
unspeakable
contentment
to
me
;
to
which
end
,
as
in
the
first
place
,
I
by
this
Letter
do
earnestly
desire
your
Approbation
,
and
to
endear
it
more
,
have
chosen
him
to
carry
it
,
that
of
all
your
house
is
most
dear
to
me
;
So
I
desire
that
by
a
Conference
,
you
will
endeavour
to
give
the
House
of
Commons
Contentment
,
assuring
you
that
the
Exercise
of
Mercy
is
no
more
pleasing
to
me
,
than
to
see
both
Houses
of
Parliament
Consent
for
my
sake
,
that
I
should
moderate
the
severity
of
the
Law
in
so
important
a
Case
.
I
will
not
say
,
that
your
Complying
with
me
in
this
my
intended
Mercy
,
shall
make
me
more
Willing
,
but
certainly
't
will
make
me
more
Chearful
,
in
Granting
your
Iust
Grievances
.
But
,
if
no
less
then
his
life
can
satisfie
my
people
,
I
must
say
,
Fiat
Justitia
.
Thus
again
,
recommending
the
Consideration
of
my
Intention
to
you
,
I
rest
,
Your
unalterable
and
affectionate
Friend
,
Charles
R.
Whitehall
,
11th
of
May
,
1641.
If
he
must
dye
,
is
were
Charity
to
Reprieve
him
till
Saturday
.
This
Letter
,
all
Written
with
the
Kings
own
Hand
,
and
delivered
by
the
Hand
of
the
Prince
,
was
twice
Read
in
the
House
,
and
after
serious
and
sad
Consideration
,
the
House
resolved
presently
to
send
12
of
the
Peers
Messengers
to
the
King
,
humbly
to
signifie
,
That
neither
of
the
Two
Intentions
,
all
which
being
done
accordingly
,
and
the
Reasons
shewed
to
His
Majesty
,
He
suffered
no
more
words
to
come
from
them
:
but
,
out
of
the
fulness
of
His
heart
,
to
the
observance
of
Justice
,
and
for
the
Contentment
of
His
People
,
told
them
,
That
what
He
intended
by
His
Letter
was
,
with
an
(
if
)
if
it
might
be
done
without
Discontentment
of
His
People
;
if
that
cannot
be
,
I
say
again
,
the
same
I
Writ
,
Fiat
Justitia
:
My
other
Intnetion
proceeding
out
of
Charity
for
a
few
days
Respite
,
was
upon
certain
Information
,
that
his
Estate
was
so
distracted
,
that
it
necessarily
required
some
few
days
for
settlement
thereof
.
Whereunto
the
Lords
Answered
;
Their
purpose
was
to
be
Suitors
to
His
Majesty
,
for
favour
to
be
shewed
to
his
Innocent
Children
;
and
if
himself
had
made
any
provision
for
them
,
the
same
might
hold
.
This
was
well-liking
unto
His
Majesty
,
who
thereupon
departed
from
the
Lords
:
At
His
Majesties
parting
they
offered
up
into
His
hands
the
Letter
it self
which
He
had
sent
;
but
He
was
pleased
to
say
,
My
Lords
,
What
I
have
Written
to
you
,
I
shall
be
content
it
be
Registred
by
you
in
your
House
;
In
it
you
see
my
mind
,
I
hope
you
will
use
it
to
my
Honour
.
This
,
upon
return
of
the
Lords
from
the
King
was
presently
Reported
to
the
House
by
the
Lord
Privy-Seal
,
and
Ordered
that
these
Lines
should
go
out
with
the
Kings
Letter
,
if
any
Copies
of
the
Letter
were
dispersed
.
The
House
being
informed
,
That
the
Queen-Mother
apprehending
Her self
in
some
danger
,
by
reason
that
divers
words
were
scattered
among
the
Henry
Martyn
,
he
declared
,
That
the
Committee
had
duely
considered
Her
Majesties
just
Fears
,
and
therefore
should
agree
to
all
good
ways
and
means
,
that
might
conduce
to
the
safety
of
her
Person
.
But
fearing
that
the
said
means
may
notwithstanding
prove
ineffectual
for
Her
Protection
,
That
therefore
the
House
would
intreat
the
Lords
to
joyn
with
them
,
humbly
to
beseech
His
Majesty
,
That
the
Queen
Mother
may
be
moved
to
depart
the
Kingdom
,
the
rather
for
the
Quieting
of
those
Jealousies
in
the
Hearts
of
His
Majesties
well-affected
Subjects
,
occasioned
by
some
ill
Instruments
about
the
said
Queens
Person
,
by
the
flocking
of
Priests
and
Papists
to
Her
House
,
and
by
the
Use
and
Practice
of
the
Idolatry
of
the
Mass.
Wednesday
the
12th
of
May.
THe
Earl
of
Strafford
was
brought
from
the
Tower
to
the
Scaffold
upon
Tower-Hill
,
where
the
Bishop
of
Armagh
,
the
Earl
of
Cleeveland
,
George
Wentworth
,
Brother
to
the
said
Earl
of
Strafford
,
and
others
of
his
Friends
,
were
present
,
to
take
their
Leaves
of
him
.
But
before
he
fitted
himself
to
Prostrate
his
Body
to
Execution
,
he
desired
patience
of
the
People
to
hear
him
speak
a
few
words
,
which
the
Author
took
from
his
Mouth
,
being
then
there
on
the
Scaffold
with
him
,
viz.
MY
Lord
Primate
of
Ireland
,
and
my
Lords
,
and
the
rest
of
these
Noble
Gentlemen
,
It
is
a
great
Comfort
to
me
to
have
your
I
come
here
,
my
Lords
,
to
pay
my
last
Debt
to
Sin
,
which
is
Death
;
And
through
the
Mercies
of
God
to
rise
again
to
Eternal
Glory
.
My
Lords
,
if
I
may
use
a
few
words
,
I
shall
take
it
as
a
great
Curtesie
from
you
;
I
come
here
to
submit
to
the
Judgment
that
is
passed
against
me
;
I
do
it
with
a
very
quiet
and
contented
Mind
;
I
do
freely
forgive
all
the
World
;
a
forgiveness
not
from
the
Teeth
outward
(
as
they
say
)
but
from
my
heart
;
I
speak
in
the
presence
of
Almighty
God
,
before
whom
I
stand
,
that
there
is
not
a
displeasing
thought
that
ariseth
in
me
against
any
Man
:
I
thank
God
I
say
truly
,
my
Conscience
beares
me
Witness
,
that
in
all
the
Honor
I
had
to
serve
His
Majesty
,
I
had
not
any
Intention
in
my
heart
,
but
what
did
aime
at
the
Joynt
and
Individual
prosperity
of
the
King
and
His
People
;
although
it
be
my
ill
hap
to
be
misconstrued
;
I
am
not
the
first
Man
that
hath
suffered
in
this
kind
:
It
is
a
Common
Portion
that
befalls
men
in
this
Life
,
Righteous
Judgment
shall
be
hereafter
;
here
we
are
subject
to
Error
,
and
Misjudging
one
another
.
One
thing
I
desire
to
be
heard
in
,
and
do
hope
,
that
for
Christian
Charities
sake
I
shall
be
believed
;
I
was
so
far
from
being
against
Parliaments
,
that
I
did
always
think
Parliaments
in
England
to
be
the
happy
Constitution
of
the
Kingdom
and
Nation
,
and
the
best
means
,
under
God
,
to
make
the
King
and
His
people
happy
:
As
for
my
Death
,
I
do
here
acquit
all
the
World
,
and
beseech
God
to
forgive
them
;
In
particular
,
I
am
very
glad
His
Majesty
conceives
me
not
meriting
so
severe
and
heavy
a
punishment
,
as
the
utmost
Execution
of
this
Sentence
;
I
do
infinitely
rejoyce
in
it
,
and
in
that
Mercy
of
His
,
and
do
beseech
God
to
Return
Him
the
same
,
that
He
may
find
Mercy
when
He
hath
most
need
of
it
.
I
wish
this
Kingdom
all
prosperity
and
happiness
in
the
World
:
I
did
it
Living
,
and
now
Dying
it
is
my
Wish
.
I
profess
heartily
my
apprehension
,
and
do
humbly
recommend
it
to
you
,
and
wish
that
every
Man
would
lay
his
hand
on
his
heart
,
and
consider
seriously
,
Whether
the
beginning
of
the
peoples
Happiness
should
be
Written
in
Letters
of
Blood
?
I
fear
they
are
in
a
Wrong
Way
;
I
desire
Almighty
God
,
that
no
one
drop
of
my
Blood
rise
up
in
judgement
against
them
;
I
have
but
one
word
more
,
and
that
is
for
my
Religion
.
My
Lord
of
Armagh
,
I
do
profess
my self
seriously
,
faithfully
,
and
truly
to
be
an
obedient
Son
of
the
Church
of
England
;
In
that
Church
I
was
born
and
bred
,
in
that
Religion
I
have
lived
,
and
now
in
that
I
dye
;
Prosperity
and
Happiness
be
ever
to
it
.
It
hath
been
said
I
was
inclined
to
Popery
,
if
it
be
an
Objection
worth
the
answering
,
let
me
say
truly
from
my
heart
,
that
since
I
was
Twenty
one
years
of
age
unto
this
day
,
going
on
49
years
,
I
never
had
thought
or
doubt
of
the
truth
of
this
Religion
,
nor
had
ever
any
the
boldness
to
suggest
to
me
the
contrary
,
to
my
best
remembrance
.
And
so
being
reconciled
to
the
Mercies
of
Jesus
Christ
my
Saviour
,
into
whose
bosom
I
hope
shortly
to
be
gathered
,
to
enjoy
Eternal
Happiness
,
which
shall
never
have
an
end
;
I
desire
heartily
to
be
forgiven
of
every
Man
,
if
any
rash
or
unadvised
Words
or
Deeds
have
passed
from
me
;
and
desire
all
your
Prayers
;
and
so
my
Lord
farewel
;
and
farewel
all
things
in
this
world
.
The
Lord
strengthen
my
Faith
,
and
give
me
Confidence
and
Assurance
in
the
Merits
of
Christ
Jesus
;
I
trust
in
God
we
shall
all
meet
to
live
Eternally
in
Heaven
,
and
receive
the
accomplishment
of
all
Happiness
,
where
every
Tear
shall
be
wiped
from
our
Eyes
,
and
sad
thoughts
from
our
Hearts
;
And
so
God
bless
this
Kingdom
,
and
Jesus
have
Mercy
on
my
Soul
.
Then
turning
himself
about
,
he
saluted
all
the
Noblemen
,
and
took
a
solemn
leave
of
all
considerable
persons
on
the
Scaffold
,
giving
them
his
Hand
.
And
after
that
he
said
,
Gentlemen
,
I
would
say
my
Prayers
,
and
I
intreat
you
all
to
pray
with
me
,
and
for
me
:
Then
his
Chaplain
laid
the
Book
of
Common
Prayer
upon
the
Chair
before
him
,
as
he
kneeled
down
,
on
which
he
prayed
almost
a
quarter
of
an
hour
,
then
he
prayed
as
long
or
longer
without
a
Book
,
and
ended
with
the
Lords
Prayer
:
then
standing
up
,
he
spyed
his
Brother
Sir
George
Wentworth
,
and
call'd
him
to
him
,
and
said
,
Brother
,
We
must
part
,
remember
me
to
my
Sister
,
and
to
my
Wife
,
and
carry
my
blessing
to
my
eldest
Son
,
and
charge
him
from
me
,
that
he
fear
God
,
and
continue
an
obedient
Son
of
the
Church
of
England
,
and
that
he
approve
himself
a
faithful
Subject
to
the
King
,
and
tell
him
,
that
he
should
not
have
any
private
Grudge
or
Revenge
towards
any
concerning
me
,
and
bid
him
beware
to
meddle
not
with
Church
Livings
,
for
that
will
prove
a
Moth
and
Canker
to
him
in
his
Estate
,
and
wish
him
to
content
himself
to
be
a
Servant
to
his
Countrey
,
as
a
Justice
of
Peace
in
his
County
,
not
aiming
at
higher
preferments
:
Carry
my
Blessing
also
to
my
Daughter
Ann
,
and
Arrabella
,
charge
them
to
fear
and
serve
God
,
and
he
will
bless
them
,
not
forgetting
my
little
Infant
,
that
knows
neither
good
nor
evil
,
and
cannot
speak
for
it self
,
God
speak
for
it
,
and
bless
it
.
Then
said
he
,
I
have
nigh
done
;
One
stroak
will
make
my
Wife
Husbandless
,
my
dear
Children
Fatherless
,
and
my
poor
Servants
Masterless
,
and
seperate
me
from
my
dear
Brother
,
and
all
my
Friends
,
but
let
God
be
to
you
and
them
all
in
all
.
After
,
that
,
going
to
take
off
his
Doublet
,
and
to
make
himself
unready
,
he
said
,
I
thank
God
I
am
no
more
afraid
of
Death
,
nor
daunted
with
any
discouragements
arising
from
any
fears
,
but
do
as
chearfully
put
off
my
Doublet
at
this
time
,
as
ever
I
did
when
I
went
to
Bed
;
Then
he
put
off
his
Doublet
,
and
wound
up
his
Hair
with
his
Hands
,
and
put
on
a
white
Cap.
Then
he
called
,
Where
is
the
man
that
should
do
this
last
Office
?
(
meaning
the
Executioner
)
call
him
to
me
;
When
he
came
and
ask'd
him
forgiveness
,
he
told
him
,
he
forgave
him
and
all
the
World
;
then
kneeling
down
by
the
Block
,
he
went
to
Prayer
again
himself
,
the
Bishop
of
Armagh
kneeling
on
the
one
side
,
and
the
Minister
on
the
other
;
to
the
which
Minister
after
Prayer
he
turned
himself
,
and
spoke
some
few
words
softly
,
having
his
Hands
lifted
up
,
the
Minister
closed
his
Hands
with
his
;
then
bowing
himself
to
the
Earth
,
to
lay
down
his
Head
on
the
Block
,
he
told
the
Executioner
,
that
he
would
first
lay
down
his
Head
to
try
the
fitness
of
the
Block
,
and
take
it
up
again
,
before
he
laid
it
down
for
good
and
all
,
and
so
he
did
;
and
before
he
laid
it
down
again
,
he
told
the
Executioner
,
That
he
would
give
him
warning
when
to
strike
by
streatching
forth
his
Hands
,
and
then
laid
down
his
Neck
on
the
Block
,
stretching
out
his
Hands
,
the
Executioner
struck
off
his
Head
at
one
blow
,
then
took
the
Head
up
in
his
Hand
;
and
shewed
it
to
all
the
People
,
and
said
;
God
save
the
King
.
A
Copy
of
the
Paper
containing
the
Heads
of
the
Lord
Straffords
last
Speech
,
written
by
his
own
Hand
,
as
it
was
left
upon
the
Scaffold
.
-
1.
I
Come
to
pay
the
last
debt
we
ow
to
Sin
.
-
2.
Rise
to
Righteousness
.
-
3.
Dye
willingly
.
-
4.
Forgive
all
.
-
5.
Submit
to
what
is
voted
Iustice
,
but
my
intentions
innocent
from
Subverting
,
&c.
-
6.
Wishing
nothing
more
than
great
Prosperity
to
King
and
People
.
-
7.
Acquit
the
King
constrained
.
-
8.
Beseech
to
Repent
.
-
9.
Strange
way
to
write
the
beginning
of
Reformation
,
and
Settlement
of
a
Kingdom
in
Blood
on
themselves
.
-
10.
Beseech
that
Demand
may
rest
there
.
-
11.
Call
not
Blood
on
themselves
.
-
12.
Dye
in
the
Faith
of
the
Church
.
-
13.
Pray
for
it
,
and
desire
their
Prayers
with
me
.
GIve
me
leave
here
to
add
two
pretty
passages
more
:
The
first
is
when
My
L.
of
Strafford
,
the
night
before
the
day
of
Execution
,
had
sent
for
the
Lieutenant
of
the
Tower
,
and
asked
him
,
Whether
it
were
possible
he
might
speak
with
the
Archbishop
;
The
Lieutenant
told
him
,
he
might
not
do
it
without
Orders
from
the
Parliament
.
Master
Lieutenant
(
said
he
)
you
shall
hear
what
passeth
betwixt
us
;
it
is
not
a
time
either
for
him
to
plot
Heresie
,
or
me
to
plot
Treason
.
The
Lieutenant
answered
,
that
he
was
limited
,
and
therefore
desired
his
Lordship
,
that
he
would
petition
the
Parliament
for
that
favour
:
No
,
(
said
he
)
I
have
gotten
my
dispatch
from
them
,
and
will
trouble
them
no
more
;
I
am
now
petitioning
an
Higher
Court
,
where
neither
Partiality
can
be
expected
,
nor
Error
feared
.
But
my
Lord
,
said
he
,
(
turning
to
the
Primate
of
Ireland
then
present
)
what
I
should
have
spoken
to
my
Lords
Grace
of
Canterbury
,
is
this
,
You
shall
desire
the
Archbishop
to
lend
me
His
Prayers
this
night
,
and
to
give
me
his
Blessing
when
I
go
abroad
to
morrow
,
and
to
be
in
his
Window
,
that
by
my
last
farewel
,
I
may
give
him
thanks
for
this
,
and
all
other
his
former
Favours
.
My
Lord
Primate
having
delivered
the
Message
without
delay
,
the
Archbishop
replyed
,
That
in
Conscience
he
was
bound
for
the
First
,
and
in
Duty
and
Obligation
to
the
Second
;
but
he
feared
his
Weakness
and
Passion
would
not
lend
him
Eyes
to
behold
his
last
departure
.
The
next
morning
at
his
coming
forth
,
he
drew
near
to
the
Archbishops
Lodgings
,
and
said
to
the
Lieutenant
,
Though
I
do
not
see
the
Archbishop
,
give
me
leave
I
pray
you
to
doe
my
last
observance
towards
his
Rooms
:
In
the
mean
time
,
the
Archbishop
advertised
of
his
approach
,
came
out
to
the
Window
,
then
the
Earl
bowing
himself
to
the
ground
,
My
Lord
(
said
he
)
Your
Prayers
,
and
your
Blessing
;
the
Arch-Bishop
lift
up
his
Hands
and
bestowed
both
,
but
overcome
with
Grief
,
fell
to
the
ground
in
Animi
diliquio
;
the
Earl
proceeding
a
little
further
,
bowed
the
Second
time
,
saying
,
Farewel
my
Lord
,
God
protect
your
Innocency
.
The
next
is
,
When
he
was
marching
to
the
Scaffold
,
more
like
a
General
at
the
Head
of
an
Army
,
as
many
of
the
spectators
then
said
,
to
breath
Victory
,
than
like
a
Condemned
man
,
to
undergo
the
Sentence
of
death
;
The
Lieutenant
desired
him
to
take
Coach
,
for
fear
the
people
should
rush
in
upon
him
and
tear
him
in
pieces
;
No
(
said
he
)
Master
Lieutenant
,
I
dare
look
death
in
the
Face
,
and
I
hope
the
People
too
;
have
you
a
care
that
I
do
dot
escape
,
and
I
care
not
how
I
dye
,
whether
by
the
hand
of
the
Executioner
,
or
the
madness
and
fury
of
the
people
,
if
that
may
give
them
better
content
,
it
is
all
one
to
me
.
He
left
these
Three
Instructions
for
his
Son
in
Writing
.
FIrst
,
That
he
should
continue
still
to
be
brought
up
under
those
Governors
,
to
whom
he
had
committed
him
,
as
being
the
best
he
could
pick
out
of
all
those
within
his
knowledge
,
and
that
he
should
not
change
them
,
unless
they
were
weary
of
him
;
that
he
should
rather
want
himself
,
than
they
should
want
any
thing
they
could
desire
.
Secondly
,
If
his
Prince
should
call
him
to
publique
Service
,
he
should
carefully
undertake
it
,
to
testify
his
obedience
,
and
withal
,
to
be
faithful
and
sincereto
his
Master
,
though
he
should
come
to
the
same
end
that
himself
did
.
Thirdly
,
That
he
foresaw
that
ruine
was
like
to
come
upon
the
Revenues
of
the
Church
,
and
that
perhaps
they
might
be
shared
amongst
the
Nobility
and
Gentry
,
but
I
charge
you
never
to
meddle
with
any
of
it
,
for
the
curse
of
God
will
follow
all
them
that
meddle
with
such
a
thing
,
that
tends
to
the
destruction
of
the
most
Apostolical
Church
upon
Earth
.
A
brief
Account
of
some
Interlocutory
passages
in
Parliament
,
in
which
my
Lord
of
Strafford
so
discovered
his
Wit
and
Temper
,
that
the
Court
took
particular
notice
of
him
.
IN
the
month
of
September
,
1626.
The
King
having
special
occasions
,
to
be
furnished
with
Money
,
suitable
to
the
importance
of
his
undertakings
,
for
the
relief
of
the
King
of
Denmark
,
His
Majesty
came
to
this
Resolution
:
That
the
urgency
of
affairs
not
admitting
the
way
of
Parliament
,
the
most
speedy
,
equal
,
and
convenient
means
were
by
a
general
Loan
from
the
Subject
,
according
as
every
man
was
Assessed
in
the
Rolls
of
the
last
Subsidy
.
Upon
which
Result
,
the
King
forthwith
chose
Commissioners
for
the
Loan
,
and
caused
a
Declaration
to
be
published
,
wherein
he
alledged
for
this
course
of
Supply
,
the
Reasons
set
down
at
large
in
his
late
Declaration
,
touching
the
Dissolution
of
the
Parliament
2ᵒ
Car.
adding
farther
,
That
the
urgency
of
the
occasion
would
not
give
leave
to
the
calling
of
a
Parliament
.
In
the
said
year
1626.
Sir
Thomas
Wentworth
having
a
Privy
Seal
sent
unto
him
about
the
Loan-money
,
and
to
advance
the
sum
of
40
l.
to
the
King
,
he
(
amongst
other
things
in
the
County
of
York
)
refused
to
lend
the
same
,
as
being
a
Demand
contrary
to
the
Right
and
Property
of
the
Subject
,
to
part
with
their
Money
,
but
by
consent
of
Parliament
.
The
Non-Subscribers
of
high
Rank
,
and
Rate
in
most
Counties
,
were
bound
over
by
Recognizance
,
to
tender
their
appearance
at
the
Council
Table
,
and
divers
of
them
were
committed
to
prison
;
but
others
also
of
Quality
,
were
appointed
to
several
Confinements
,
not
in
their
own
,
but
in
remote
Counties
.
Sir
Thomas
Wentworth
and
Geo.
Ratcliffe
,
Esq
(
afterwards
Sir
George
)
were
sent
by
Messengers
from
the
Council
,
and
removed
out
of
the
County
of
York
into
the
County
of
Kent
,
and
there
secured
by
Confinement
,
and
during
this
Restraint
and
Confinement
,
a
Parliament
was
called
,
which
was
to
meet
March
17.
3
Car.
1627.
In
the
month
of
Iuly
,
before
the
calling
of
this
Parliament
,
the
Lord
Conway
,
Secretary
of
State
,
brought
a
Message
from
the
King
to
Arch-bishop
Abbot
,
that
it
was
His
Majesties
pleasure
,
he
would
withdraw
from
his
Houses
at
Lambeth
and
Croydon
,
and
go
to
Canterbury
,
and
reside
there
.
What
is
my
fault
(
said
the
Arch-Bishop
)
that
brings
this
message
of
Removal
and
Confinement
upon
me
?
Although
(
said
the
Secretary
)
I
have
no
Commission
to
tell
you
,
it
is
for
a
Book
you
would
not
Licence
for
the
Kings
Service
;
and
afterwards
the
Arch-Bishop
understood
more
particularly
,
that
besides
that
,
it
was
because
Sir
Thomas
Wentworth
made
resort
to
the
Arch-Bishops
House
,
at
times
of
Dinner
and
Supper
.
As
for
Sir
Thomas
Wentworth
,
he
had
good
occasion
to
send
unto
me
,
and
sometimes
to
see
me
,
because
we
were
joynt
Executors
to
Sir
George
Savile
,
who
married
his
Sister
,
and
was
my
Pupil
at
Oxford
,
to
which
Son
also
,
Sir
Thomas
Wentworth
and
I
were
Guardians
,
as
may
appear
in
the
Court
of
Wards
,
and
many
things
passed
between
us
in
that
behalf
;
yet
to
my
remembrance
,
I
saw
not
this
Gentleman
but
once
these
three
quarters
of
a
year
last
past
,
at
which
time
he
came
to
see
his
Brother-in-law
the
Lord
Clifford
,
who
was
then
with
me
at
Dinner
at
Lambeth
.
Saturday
,
March
the
22th
.
THe
time
of
the
House
was
spent
in
opening
the
Grievances
,
and
State
of
the
Kingdom
,
as
Billeting
of
Soldiers
,
Benevolencies
,
and
Privy
Seals
,
and
the
imprisoning
certain
Gentlemen
,
who
refused
to
lend
upon
that
account
,
&c.
Sir
Francis
Seymor
spake
first
,
and
said
,
THis
is
the
great
Council
of
the
Kingdom
,
and
here
(
if
not
here
alone
)
His
Majesty
may
see
,
as
in
a
true
Glass
,
the
State
of
the
Kingdom
,
&c.
We
are
called
hither
by
His
Majesties
Writs
,
to
give
him
faithful
Council
,
such
as
may
stand
with
His
Honor
;
but
this
we
must
do
without
flattery
,
we
are
sent
hither
by
the
Commons
to
discharge
the
Trust
reposed
in
us
,
by
delivering
up
their
just
Grievances
,
and
this
we
must
do
without
fear
:
Let
us
not
therefore
be
like
the
Cambyses
Judges
,
who
being
demanded
of
their
King
,
Whether
it
were
not
lawful
for
him
to
do
what
in
it self
was
unlawful
,
they
(
rather
to
please
the
King
than
to
discharge
their
own
Consciences
)
Answered
,
That
the
Persian
Kings
might
do
what
they
listed
,
&c.
Flattery
tends
to
mischief
,
being
fitter
for
reproof
than
imitation
,
and
as
Flattery
,
so
Fear
taketh
away
the
Judgement
;
let
us
not
then
be
possessed
with
Fear
or
Flattery
,
of
corruptions
the
basest
:
For
my
own
part
,
I
shall
shun
both
these
,
and
speak
my
Conscience
with
as
much
Duty
to
His
Majesty
as
any
man
,
but
not
neglecting
the
Publique
,
in
which
His
Majesty
and
the
Common-wealth
have
an
interest
:
but
how
can
we
shew
our
Affections
,
whilst
we
retain
our
Fears
?
or
how
can
we
think
of
giving
Subsidies
,
till
we
know
whether
we
have
any
thing
to
give
or
no
?
For
if
His
Majesty
be
perswaded
by
any
to
take
from
His
Subjects
what
He
will
,
and
where
it
pleashim
,
I
would
gladly
know
what
we
have
to
give
?
After
Sir
Francis
Seymor
had
ended
his
Speech
,
Sir
Thomas
Wentworth
stood
up
and
said
,
THis
Debate
carrys
a
double
Aspect
,
towards
the
Soverign
and
the
Subject
,
though
both
be
innocent
,
both
are
injured
,
and
both
to
be
cured
:
Surely
in
the
greatest
humility
I
speak
it
,
these
illegal
ways
are
punishments
and
marks
of
indignation
,
the
raising
of
Loans
strengthened
by
Commission
,
with
unheard
of
Instructions
and
Oaths
;
the
Billeting
of
Soldiers
by
the
Lieutenants
,
and
Deputy-Lieutenants
,
have
been
as
they
could
have
perswaded
Christian
Princes
,
yea
,
Worlds
,
that
the
right
of
Empires
,
had
been
to
take
away
by
strong
Hands
,
and
they
have
endeavour'd
as
far
as
possible
for
them
to
do
it
:
This
hath
not
been
done
by
the
King
(
under
the
pleasing
shade
of
whose
Crown
,
I
hope
we
shall
ever
gather
the
Fruits
of
Justice
)
but
by
Projectors
,
who
have
extended
the
Prerogative
of
the
King
,
beyond
the
just
Symetry
,
which
maketh
a
sweet
harmony
of
the
whole
:
They
have
brought
the
Crown
into
greater
want
than
ever
,
by
anticipating
the
Revenues
;
and
can
the
Shepherd
be
thus
smitten
,
and
the
Sheep
not
scattered
?
They
have
introduced
a
Privy
Council
,
ravishing
at
once
the
Spheres
of
all
antient
Government
;
imprisoning
us
without
Bail
or
Bond
;
They
have
taken
from
us
,
(
what
shall
I
say
indeed
,
what
have
they
left
us
?
)
all
means
of
supplying
the
King
,
and
ingratiating
our selves
with
him
,
taking
up
the
root
of
all
Propriety
,
which
if
it
be
not
seasonably
set
again
into
the
ground
by
His
Majesties
own
Hands
,
we
shall
have
instead
of
Beauty
,
Baldness
.
To
the
making
of
those
whole
,
I
shall
apply
my self
,
and
propound
a
remedy
to
all
these
Diseases
:
by
one
and
the
same
thing
have
King
and
People
been
hurt
,
and
by
the
same
must
they
be
cured
;
To
vindicate
which
,
shall
we
propound
new
things
?
No
,
our
antient
vital
Liberties
by
enforcing
the
antient
Laws
made
by
our
Ancestors
,
by
setting
forth
such
a
Character
of
them
,
as
no
Licentions
Spirit
shall
dare
to
enter
upon
them
,
will
do
the
business
;
and
shall
we
think
this
is
a
Way
to
break
a
Parliament
?
No
,
our
desires
are
Modest
and
Just
,
I
speak
truly
,
both
for
the
interest
of
King
and
People
;
if
we
enjoy
not
these
,
it
will
be
impossible
for
to
releive
him
.
Therefore
let
us
never
fear
,
they
shall
not
be
accepted
by
his
goodness
,
wherefore
I
shall
shortly
descend
to
my
Motions
,
consisting
of
four
Parts
,
two
of
which
have
relation
to
our
Persons
,
two
to
the
propriety
of
Goods
for
our
Persons
;
First
,
the
Freedom
of
them
from
imployment
abroad
,
contrary
to
the
antient
Customs
:
For
our
Goods
,
that
no
Levies
be
made
,
but
by
Parliaments
.
Secondly
,
No
Billeting
of
Soldiers
:
It
is
most
necessary
,
that
these
be
resolved
,
that
the
Subject
may
be
secured
in
both
.
Monday
,
March
24.
SEcretary
Cook
renewed
the
Motion
of
Supply
for
His
Majesty
;
yet
so
,
that
Grievances
be
taken
into
Consideration
;
We
all
think
(
said
he
)
that
both
these
goe
hand
in
hand
together
:
but
let
me
put
you
in
mind
of
that
which
concerns
the
King
,
let
him
have
the
Precedency
of
Honor
,
if
not
of
Time
;
Let
Heads
of
the
Kings
Supply
be
first
propounded
:
No
King
is
more
ready
to
hear
the
complaints
of
His
Subjects
;
and
withal
,
you
know
,
no
King
is
more
sensible
of
all
reproaches
which
touch
his
Honor
:
Would
it
not
be
fit
to
grant
him
this
Honor
to
have
the
Precedency
,
this
will
have
good
Aspect
abroad
,
it
will
prevent
Divisions
at
home
,
&c.
The
first
sower
of
Seeds
of
Distractions
amonst
us
,
was
an
Agent
from
Spain
(
Gundemore
)
that
did
his
Master
great
service
here
and
at
home
;
since
that
,
we
have
other
Ministers
that
have
blown
the
fire
;
the
Ambassador
of
France
,
who
told
his
Master
at
home
,
that
he
had
wrought
divisions
here
between
King
and
People
,
and
he
was
rewarded
;
Whilst
we
sate
here
in
Parliament
,
there
was
another
intended
Parliament
within
a
mile
of
this
place
;
this
was
discovered
by
Letters
sent
to
Rome
,
and
the
place
of
their
meeting
is
now
changed
;
I
desire
the
meanest
judgement
will
consider
what
may
follow
in
giving
precedency
to
His
Majesty
;
in
so
doing
,
we
shall
put
from
our selves
many
Imputations
;
This
matter
coming
to
no
resolution
this
day
,
Secretary
Cook
the
next
day
tendred
to
the
House
certain
Propositions
from
the
King
,
touching
Supply
.
viz.
Wednesday
,
March
26.
1628.
THe
Propositions
tendred
the
day
before
by
Secretary
Cook
from
His
Majesty
,
were
now
Received
and
Read
,
but
the
Debate
thereof
-
1.
To
furnish
with
Men
and
Victuals
,
Thirty
Ships
to
guard
the
narrow
Seas
,
and
along
the
Coasts
.
-
2.
To
set
out
10
other
Ships
for
the
relief
of
the
Town
of
Rochelle
.
-
3.
To
set
out
10
other
Ships
for
the
preservation
of
the
Elbe
,
the
Sound
,
and
Baltick
Sea
,
&c.
Historical
Collections
.
Wednesday
,
April
2.
4.
Car.
1.
The
business
of
Confinement
came
into
Debate
in
the
House
of
Commons
,
whereupon
Sir
Francis
Seymour
spake
to
this
effect
.
That
it
is
said
,
the
greatest
Grievance
is
want
of
Supply
,
but
I
hold
it
a
greater
Grievance
,
that
His
Majesty
is
brought
into
these
necessitys
,
especially
,
considering
the
Supplys
that
of
late
have
been
given
to
the
King
,
of
two
Subsidies
in
Parliament
,
besides
Privy
Seals
;
and
that
the
late
Loan
,
whereby
Five
Subsidies
were
forcedly
,
and
unadvisedly
taken
;
that
it
is
not
then
what
the
Subjects
do
give
,
unless
His
Majesty
do
employ
men
of
integrity
and
experience
;
otherwise
,
all
that
we
give
,
will
be
as
cast
into
a
bottomless
Bag.
Upon
this
occasion
Sir
Thomas
Wentworth
stood
up
and
spake
as
followeth
;
I
Cannot
forget
that
Duty
I
owe
to
my
Countrey
;
unless
we
be
secured
as
to
our
Libertys
we
cannot
give
:
I
speak
not
this
to
make
diversions
,
but
to
the
end
,
that
giving
,
I
may
give
chearfully
.
As
for
the
Propositions
made
to
induce
us
to
give
,
and
to
be
considered
of
,
I
incline
to
decline
them
,
and
to
look
upon
the
State
of
our
Countrey
,
whether
it
be
fit
to
give
or
no.
Are
we
come
to
an
end
for
our
Countreys
Libertys
?
have
we
entrenched
on
the
right
of
the
Deputy-Lieutenants
?
are
we
secured
for
time
future
?
Whereupon
Mr.
Selden
speaking
also
upon
this
occasion
of
the
Confinement
of
Sir
Tho.
Wentworth
,
&c.
said
,
THat
though
Confinement
is
different
from
Imprisonment
,
yet
it
is
against
the
Law
that
any
should
be
Confined
to
his
House
or
elsewhere
.
I
know
not
what
you
can
call
a
punishment
,
but
here
is
some
grounds
of
it
,
or
mention
thereof
in
Acts
of
Parliament
,
Books
of
Records
,
but
for
this
Confinement
I
find
none
;
Indeed
Iews
have
been
Confined
in
former
times
to
certain
places
,
as
here
in
London
to
the
Iewry
,
now
called
the
Old
Iewry
,
&c.
Hereupon
Sir
Tho.
Wentworth
spake
briefly
as
to
Sir
Peter
Heymans
enforced
Imployment
beyond
Seas
;
That
if
any
man
ows
a
man
a
displeasure
,
and
shall
procure
him
to
be
put
into
Forreign
employment
,
it
will
be
a
matter
of
high
Concern
in
the
Effect
.
We
know
the
Honor
and
Justice
of
the
King
,
but
we
know
not
what
his
Ministers
,
or
the
mediation
of
Ambassadors
may
do
,
to
hold
their
own
wrath
upon
any
man
.
April
11.
4
Car.
1.
MR.
Secretary
Cook
moved
for
expediting
of
Subsidys
,
and
turning
of
the
Votes
into
an
Act
(
saying
)
We
have
Finally
and
Chearfully
given
the
King
Five
Subsidies
,
but
no
time
is
appointed
,
and
Subsidy
without
time
is
no
Subsidy
,
let
us
appoint
a
time
.
To
which
Sir
Dudly
Diggs
spake
thus
;
We
have
(
said
he
)
freely
concluded
our
Libertys
;
we
have
offered
Five
Subsidys
,
His
Majesty
hath
given
us
Gracious
Answers
,
and
nothing
is
done
that
the
King
can
take
notice
of
,
&c.
Hereupon
Sir
Tho.
Wentworth
proposed
a
middle
way
,
(
viz.
)
That
when
we
set
down
the
time
,
be
sure
the
Subjects
Libertys
go
hand
in
hand
together
with
the
Kings
Supply
;
then
to
resolve
of
the
time
,
but
not
to
report
it
to
the
House
till
we
have
a
ground
,
and
a
Bill
for
our
Liberties
;
This
is
the
way
to
come
off
fairly
,
and
prevent
jealousies
;
Hereupon
the
Committee
of
the
whole
House
Resolved
,
That
Grievances
and
Supply
goe
hand
in
hand
.
May
1.
4
Car.
MR.
Secretary
Cook
delivered
a
Message
from
His
Majesty
,
viz.
To
know
whether
the
House
would
relye
on
His
Royal
Word
or
no
,
Declared
to
them
by
the
Lord
Keeper
?
which
if
they
do
,
the
King
assured
them
it
should
be
Royally
performed
.
Sir
Robert
Phillips
of
Somersetshire
spake
upon
this
occasion
,
and
said
;
That
if
the
words
of
Kings
strike
impressions
in
the
Hearts
of
Subjects
,
to
speak
in
a
plain
Language
,
said
he
,
We
are
now
come
to
the
end
of
our
journey
,
and
the
well
disposing
of
an
Answer
to
this
Message
,
will
give
Happiness
or
Misery
to
this
Kingdom
;
Let
us
set
the
Common-wealth
of
England
before
the
Eyes
of
His
Majesty
,
that
we
may
justify
to
the
world
,
that
we
have
demeaned
our selves
,
as
dutiful
Subjects
to
His
Majesty
.
Hereupon
Sir
Thomas
Wentworth
stood
up
and
concluded
the
Debate
,
saying
,
That
never
House
of
Parliament
trusted
more
in
the
goodness
of
their
King
,
for
their
own
private
,
than
the
present
;
but
we
are
ambitious
,
that
His
Majestys
goodness
may
remain
to
Posterity
,
and
we
are
accountable
to
publique
Trust
,
and
therefore
seeing
there
hath
been
a
publique
violation
of
the
Laws
by
His
Ministers
,
nothing
will
satisfy
him
but
a
publique
Mends
;
and
to
our
desire
vindicate
the
Subjects
Rights
by
Bill
,
is
no
more
than
is
laid
down
in
former
Laws
,
with
some
modest
provision
for
Restriction
,
Performance
,
and
Execution
;
and
this
so
well
agreed
with
the
sense
of
the
House
;
that
they
made
it
the
subject
of
a
Message
to
be
delivered
by
the
Speaker
to
His
Majesty
.
Whilst
the
Lords
afterwards
were
in
Debate
of
the
Petition
of
Right
,
they
were
pleased
at
a
Conference
to
propose
to
the
Commons
,
this
following
addition
to
the
Petition
of
Right
,
viz.
1.
We
present
this
our
Humble
Petition
to
Your
Majesty
,
with
the
care
,
not
only
of
preserving
our
own
Liberties
,
but
with
due
regard
to
leave
intire
the
Sovereign
Power
,
wherewith
Your
Majesty
is
trusted
for
the
Protection
,
Safety
,
and
Happiness
of
the
People
.
Upon
this
,
Sir
Edward
Cook
spake
,
saving
,
This
is
Magnum
in
Parvo
,
This
is
propounded
to
be
a
conclusion
of
our
Petition
;
it
is
a
matter
of
great
weight
,
and
to
speak
plainly
,
it
will
overthrow
all
our
Petition
,
it
trenches
on
all
parts
of
it
.
Look
into
the
Petition
of
former
times
,
they
never
Petitioned
,
wherein
there
was
a
saving
of
the
Kings
Sovereignty
;
I
know
the
Prerogative
is
part
of
the
Law
,
but
Sovereign
Power
is
no
Parliamentary
word
&c.
Sir
Thomas
Wentworth
spake
next
,
and
said
,
IF
we
do
admit
of
this
Addition
,
we
shall
leave
the
Subjects
worse
than
we
found
them
,
and
we
shall
have
little
thanks
for
our
labour
when
we
come
home
;
let
us
leave
all
Power
to
His
Majesty
to
punish
Malefactors
,
but
these
Laws
are
not
acquainted
with
Sovereign
Power
,
we
desire
no
new
thing
,
nor
do
we
offer
to
trench
upon
His
Majestys
Prerogative
,
we
may
not
recede
from
this
Petition
,
neither
in
part
or
in
whole
;
To
add
a
saving
is
not
safe
,
doubtful
words
may
beget
an
ill
construction
,
and
the
words
are
not
only
doubtful
words
,
but
words
unknown
to
us
,
and
never
asked
in
one
Act
or
Petition
before
.
2.
Now
he
began
to
be
more
generally
taken
notice
of
by
all
men
,
and
his
Fame
to
spread
abroad
,
where
publique
Affairs
,
and
the
Criticismes
of
the
times
were
discoursed
by
the
most
refined
Judgments
;
those
who
were
infected
with
popularity
,
flattering
themselves
,
that
he
was
inclined
to
support
their
inclination
,
and
would
prove
a
Champion
upon
that
account
;
but
such
discourse
,
as
it
endeared
him
to
his
Countrey
,
so
it
begot
to
him
an
interest
in
the
bosom
of
his
Prince
,
who
,
(
having
a
discerning
Judgment
of
Men
)
quickly
made
his
observation
of
Wentworth
,
that
he
was
a
person
framed
for
great
affairs
,
and
fit
to
be
near
His
Royal
Person
and
Councils
.
About
this
time
,
in
the
heat
of
so
general
a
report
of
him
;
Sir
Richard
Weston
,
then
Lord
High
Treasurer
after
Earl
of
Portland
,
a
person
also
eminent
for
his
acute
and
clear
parts
,
coveted
acquaintance
with
this
Gentleman
;
and
there
not
being
wanting
discreet
Agents
to
accomplish
what
my
Lord
Treasurer
desired
,
it
was
soon
effected
.
After
the
first
view
a
familiarity
was
begotten
,
and
next
a
deep
friendship
.
It
happened
,
that
in
some
Conferences
,
they
touched
upon
the
popular
Humor
(
as
they
termed
it
)
then
appearing
in
the
House
of
Commons
,
and
the
present
ways
they
were
in
as
tending
to
no
good
,
he
proposed
the
most
rational
and
plausible
mediations
that
could
be
,
for
the
present
juncture
of
affairs
,
in
somuch
,
that
his
judgment
in
things
was
much
valued
and
followed
.
In
some
time
after
he
was
made
Baron
Wentworth
,
and
had
so
gained
His
Majesties
opinion
,
that
he
was
also
created
Viscount
Wentworth
of
Wentworth-Woodhouse
,
made
one
of
His
Majestys
Privy
Council
,
Lord-Lieutenant
of
the
County
of
York
,
and
Lord-President
of
the
North
;
In
this
Trust
he
Governed
himself
with
such
skill
,
especially
in
those
high
contested
points
then
in
consultation
,
that
he
pleased
his
Prince
,
and
improved
His
Majesties
Revenue
.
His
frequent
appearance
at
the
Council-Board
,
quickly
gave
occasion
to
that
Great
Prelate
Archbishop
Laud
(
then
Bishop
of
London
)
and
himself
,
to
discern
one
anothers
parts
,
begetting
a
right
understanding
betwixt
them
,
which
grew
into
so
inviolable
a
friendship
,
that
nothing
but
the
inevitable
stroke
of
death
could
separate
them
,
who
,
whilst
they
lived
,
constantly
united
their
great
Hearts
and
Understandings
,
for
the
advancing
the
Church
,
and
the
service
of
their
Prince
.
The
Cedar
was
still
growing
,
though
perhaps
,
to
the
dislike
of
some
Emulators
,
yet
to
the
general
satisfaction
of
all
such
as
had
ability
enough
to
judge
of
his
Parts
.
His
next
advance
was
to
be
Lord-Deputy
,
and
Chief
Governor
of
Ireland
:
The
affairs
of
that
Realm
being
in
much
disorder
by
the
temper
of
the
Popish
party
there
,
who
did
not
with
moderation
,
make
use
of
the
Kings
Clemency
to
them
,
in
relaxation
of
the
rigor
of
some
penal
Statutes
.
He
began
with
the
Church
,
in
the
Reformation
of
his
Kingdom
,
and
first
procured
of
the
King
,
by
the
joynt
mediation
of
the
Archbishop
,
That
all
the
Impropriations
then
in
the
Crown
,
would
be
restored
to
the
Church
in
that
Nation
,
though
to
some
diminution
of
the
Royal
Revenue
,
and
advanced
Learned
men
,
whose
Judgments
were
for
Episcopacy
.
He
raised
in
Ireland
Eight
Regiments
for
the
Kings
service
,
each
consisting
of
1000
men
,
in
Ten
Companies
,
besides
Two
more
,
which
he
intended
to
be
raised
in
the
nearest
part
of
Wales
.
Before
this
Army
already
raised
,
was
dispersed
into
their
several
quarters
,
all
which
were
in
the
Province
of
Ulster
,
near
the
Sea
,
in
sight
of
Scotland
,
the
Lord-Lieutenant
returned
into
England
by
His
Majesties
Command
,
where
an
Army-Royal
was
Levied
,
in
opposition
to
the
Scotish
design
,
leaving
an
Honourable
person
Mr.
Christopher
Wandesford
,
Master
of
the
Rolls
,
Lord-Deputy
;
the
Command
of
General
of
that
Royal
Army
in
England
,
was
given
to
the
Earl
of
Northumberland
,
then
Lord-Admiral
of
England
,
upon
whose
sickness
the
Earl
of
Strafford
was
made
Lieutenant-General
,
who
having
undertaken
the
Command
of
this
Army
,
signified
by
Letter
from
Dublin
to
the
Archbishop
Laud
,
that
he
durst
venture
(
upon
peril
of
his
Head
)
to
drive
the
Scots
out
of
England
,
but
that
he
did
not
hold
it
proper
,
as
the
case
then
stood
for
him
to
advise
that
course
;
but
if
any
of
the
Lords
would
advise
the
King
to
try
his
fortune
in
Battle
,
he
doubted
not
of
sending
them
home
in
more
hast
than
they
came
;
but
this
severity
and
indiscretion
of
his
against
that
Kingdom
when
things
were
ripe
,
did
much
hasten
his
ruine
and
destruction
,
as
may
be
seen
by
the
following
Impeachment
.
The
Charge
of
the
Scotish
Commissioners
against
Thomas
Earl
of
Strafford
.
IN
our
Declarations
we
have
joyned
with
Canterbury
,
the
Lord-Lieutenant
Secondly
,
Our
open
opposition
against
the
dangerous
Innovation
of
Religion
intended
and
very
far
promoted
in
all
His
Majesties
Dominions
,
of
which
he
hath
shewed
himself
in
his
own
way
,
no
less
zealous
than
Canterbury
himself
,
as
may
appear
by
advancing
of
his
Chaplain
,
Dr.
Bramhal
,
not
only
to
the
Bishoprick
of
Derry
,
but
also
to
be
Vicar-General
of
Ireland
;
a
man
prompted
for
exalting
of
Canterburian
Popery
,
and
Arminianism
,
that
thus
himself
might
have
the
power
of
both
Swords
,
against
all
that
should
maintain
,
the
Reformation
,
by
his
bringing
of
Dr.
Chappel
,
a
man
of
the
same
Spirit
,
to
the
University
of
Dublin
,
for
poysoning
the
Fountains
,
and
corrupting
the
Seminarys
of
the
Kirk
.
Thirdly
,
When
the
Primate
of
Ireland
did
press
a
new
ratification
of
the
Articles
of
that
Kirk
in
Parliament
,
for
barring
such
Novations
in
Religion
,
he
boldly
menaced
him
with
the
burning
by
the
hand
of
the
Hangman
,
all
of
that
Confession
,
although
confirmed
in
former
Parliaments
.
When
he
found
that
the
Reformation
began
in
Scotland
did
stand
in
his
way
,
he
left
no
means
unassaied
to
rub
disgrace
upon
us
,
and
our
Cause
.
The
Pieces
printed
at
Dublin
,
viz.
Examen
conjurationis
Scotianae
,
the
Ungirding
of
the
Scotish
Armor
:
and
the
Pamphlet
,
bearing
the
counterfeit
name
of
Lisimachus
Nicanor
,
all
three
so
full
of
Calumnies
,
Slanders
,
Scurril●ys
against
our
Countrey
,
and
Reformation
,
that
the
Jesuits
in
their
greatest
spite
,
could
not
have
said
more
,
yet
not
only
the
Authors
were
countenanced
and
rewarded
by
him
,
but
the
Books
must
bear
his
Name
,
as
the
great
Patron
both
of
the
Work
and
Workman
.
When
the
National
Oath
and
Covenant
warranted
by
our
general
Assemblies
,
was
approved
by
Parliament
,
in
the
Articles
subscribed
in
the
Kings
Name
,
by
His
Majesties
High
Commissioner
,
and
by
the
Lords
of
the
Privy-Council
,
and
commanded
to
be
sworn
by
His
Majesties
Subjects
of
all
ranks
,
and
particular
,
and
plenary
information
was
given
unto
the
Lieutenant
,
by
men
of
such
quality
,
as
he
ought
to
have
believed
of
the
Loyalty
of
our
hearts
to
the
King
,
of
the
lawfulness
of
our
proceedings
,
and
innocency
of
our
Covenant
,
and
whole
course
,
that
he
could
have
no
excuse
:
yet
his
desperate
malice
made
him
to
bend
his
Craft
and
Cruelty
,
his
Fraud
and
Forces
against
us
.
For
first
,
he
did
craftily
call
up
to
Dublin
some
of
our
Countreymen
,
both
of
the
Nobility
and
Gentry
,
living
in
Ireland
,
shewing
them
that
the
King
would
conceive
,
and
account
them
as
Conspirers
with
the
Scots
in
their
rebellious
courses
,
except
some
remedy
were
provided
;
and
for
remedy
,
suggesting
his
own
wicked
invention
,
to
present
unto
him
,
and
his
own
wicked
invention
,
to
present
unto
him
and
his
own
wicked
Council
,
a
Petition
,
which
he
caused
to
be
framed
by
the
Bishop
of
Rapho
,
and
was
seen
and
corrected
by
himself
,
wherein
they
petitioned
to
have
an
Oath
given
them
,
containing
a
formal
renunciation
of
the
Scotish
Covenant
,
and
a
deep
assurance
,
ne-never
so
much
as
to
protest
against
any
of
His
Majesties
Commandments
whatsoever
.
No
sooner
was
this
Oath
thus
craftily
contrived
,
but
in
all
hast
it
is
sent
to
such
places
of
the
Kingdom
,
where
our
Countreymen
had
residence
;
and
Men
,
Women
,
and
all
other
persons
above
the
years
of
Sixteen
,
constrained
either
presently
to
take
the
Oath
,
and
thereby
renounce
their
National
Covenant
,
as
Seditious
and
Traiterous
,
or
with
violence
and
cruelty
to
be
haled
to
the
Jail
,
Fined
above
the
value
of
their
Estates
,
and
to
be
kept
close
prisoners
,
and
so
far
as
we
know
,
some
are
yet
kept
in
prison
,
both
Men
and
Women
of
good
quality
,
for
not
renouncing
that
Oath
which
they
had
taken
40
years
since
,
in
the
obedience
to
the
King
,
who
then
lived
.
Besides
,
a
cruelty
ensued
,
which
may
paralel
the
pesecutions
of
the
most
unchristian
time
:
for
weak
Women
dragged
to
the
Bench
to
take
the
Oath
,
dyed
in
the
place
both
Mother
and
Child
,
hundreds
driven
to
hide
themselves
,
till
in
the
darkness
of
the
night
they
might
escape
by
Sea
into
Scotland
,
whether
thousands
of
them
did
flye
,
being
forced
to
leave
Corn
,
Cattle
,
Houses
,
and
all
they
possessed
,
to
be
a
prey
to
their
persecuting
enemies
,
the
Lieutenants
Officers
.
And
some
Indicted
and
Declared
guilty
of
High
Treason
,
for
no
other
guiltyness
,
but
for
subscribing
our
National
Oath
,
which
was
not
only
impiety
and
injustice
in
it self
,
and
an
utter
undoing
of
His
Majestys
Subjects
,
but
was
a
weakening
of
the
Scotch
Plantation
,
to
the
prejudice
of
that
Kingdom
,
and
His
Majesties
Service
,
and
was
a
high
scandal
against
the
Kings
Honor
,
and
intolerable
abuse
to
His
Majesties
Trust
and
Authority
,
His
Majesties
Commission
,
which
was
procured
by
the
Lieutenant
,
bearing
no
other
penalty
,
than
a
certification
of
Noting
the
names
of
the
refusers
of
the
Oath
.
But
this
his
restless
Rage
,
and
insatiable
Cruelty
against
our
Religion
and
Countrey
,
could
not
rest
here
,
nor
be
kept
within
the
bounds
of
Ireland
,
but
proceeded
further
,
so
that
by
this
means
a
Parliament
is
called
,
and
although
by
the
Six
Subsidies
granted
in
Parliament
not
long
before
,
and
by
the
base
means
which
himself
and
his
Officers
did
use
(
as
is
contained
in
a
late
Remonstrance
)
that
Land
was
extreamly
impoverished
,
yet
by
his
Speeches
full
of
Oaths
and
Asseverations
,
that
we
were
Traitors
and
Rebels
,
casting
off
all
Monarchical
Government
,
&c.
He
extorted
from
them
four
new
Subsidies
,
&
indicta
causa
,
before
we
were
heard
,
procured
that
a
War
was
undertaken
,
and
Forces
should
be
levied
against
us
,
as
a
rebellious
Nation
,
which
was
also
intended
to
be
an
example
and
precedent
to
the
Parliament
of
England
,
for
granting
Subsidies
,
and
sending
a
joynt
Army
for
our
utter
ruine
.
According
to
his
appointment
in
Parliament
,
the
Army
was
gathered
,
and
brought
down
to
the
Coast
,
threatning
a
daily
invasion
of
our
Countrey
,
intending
to
make
us
a
conquered
Province
,
and
to
destroy
our
Religion
,
Liberties
,
and
Laws
,
and
thereby
laying
upon
us
,
a
necessity
of
vast
charges
,
to
keep
Forces
on
foot
on
the
West
Coast
,
to
wait
upon
his
coming
.
And
as
the
War
was
denounced
,
and
Forces
levied
before
we
were
heard
;
So
before
the
denouncing
of
the
War
,
our
Ships
and
Goods
on
the
Irish
coast
were
taken
,
and
the
owners
cast
in
prison
,
and
some
of
them
in
Irons
.
Frigats
were
sent
forth
to
scour
our
Coasts
,
by
which
they
did
take
some
,
and
burn
others
of
our
Barques
.
Having
thus
incited
the
Kingdom
of
Ireland
,
and
put
his
Forces
in
order
there
against
us
,
with
all
hast
he
cometh
to
England
.
In
his
parting
,
at
the
giving
up
of
the
Sword
,
he
openly
avowed
our
utter
ruine
and
desolation
,
in
these
or
the
like
words
,
If
I
return
to
that
Honourable
Sword
,
I
shall
leave
of
the
Scots
neither
root
nor
branch
.
How
soon
he
cometh
to
Court
,
as
before
he
had
done
very
evil
Office
against
our
Commissioners
,
clearing
our
proceedings
before
the
point
;
So
now
he
useth
all
means
to
stir
up
the
King
and
Parliament
against
us
,
and
to
move
them
to
a
present
War
,
according
to
the
precedent
,
and
example
of
his
own
making
in
the
Parliament
of
Ireland
.
And
finding
that
his
hopes
failed
him
,
and
his
designs
succeeded
not
that
way
,
in
his
nimbleness
he
taketh
another
course
,
that
the
Parliament
of
England
may
be
broken
up
,
and
despising
their
Wisdom
and
Authority
,
not
only
with
great
gladness
accepteth
,
but
useth
all
means
that
the
conduct
of
the
Army
in
the
expedition
against
Scotland
,
may
be
put
upon
him
;
which
accordingly
he
obtaineth
as
General
Captain
,
with
power
to
invade
,
kill
,
slay
,
and
save
at
his
discretion
,
and
to
make
any
one
or
more
Deputies
in
his
stead
,
to
do
,
and
execute
all
the
Power
and
Authorities
committed
to
him
.
According
to
the
largeness
of
his
Commission
,
and
Letters
Patents
of
his
devising
,
so
were
his
deportments
afterwards
;
for
when
the
Scots
,
(
according
to
their
Declarations
sent
before
them
)
were
coming
in
a
peaceable
way
,
far
from
any
intention
to
invade
any
of
His
Majesties
Subjects
,
and
still
to
supplicate
His
Majesty
for
a
setled
Peace
,
he
gave
order
to
his
Officers
to
fight
with
them
on
the
way
,
that
the
two
Nations
once
entred
in
Blood
,
whatsoever
should
be
the
success
,
he
might
escape
Trial
,
and
censure
,
and
his
bloody
designs
might
be
put
in
execution
against
his
Majesties
Subjects
of
both
Kingdoms
.
When
the
Kings
Majesty
was
again
enclined
to
hearken
to
our
Petitions
,
and
to
compose
our
differences
in
a
peaceable
way
,
and
the
Peers
of
England
convened
at
York
,
had
,
as
before
,
in
their
great
wisdom
and
faithfulness
,
given
unto
His
Majesty
Counsels
of
Peace
,
yet
this
Firebrand
still
smoaketh
,
and
in
that
Honourable
Assembly
,
taketh
upon
him
to
breath
out
threatenings
against
us
as
Traitors
,
and
enemies
to
Monarchical
Government
;
and
threatened
that
we
be
sent
home
home
again
in
our
blood
,
and
he
will
whip
us
out
of
England
.
And
as
these
were
his
Speeches
in
the
time
of
the
Treaty
appointed
by
His
Majesty
at
Rippon
,
that
if
it
had
been
possible
,
it
might
have
been
broken
up
.
So
when
a
cessation
of
Arms
was
happily
agreed
upon
there
,
yet
he
ceaseth
not
,
but
still
his
practises
were
for
War
;
his
under-Officers
can
tell
who
it
was
that
gave
them
Commission
to
draw
near
in
Arms
beyond
the
Teese
,
in
the
time
of
the
Treaty
at
Rippon
.
The
Governor
of
Berwick
and
Carlisle
can
shew
from
whom
they
had
their
Warrants
for
their
Acts
of
hostility
,
after
the
cessation
was
concluded
.
It
may
be
tryed
how
it
cometh
to
pass
,
that
the
Ports
of
Ireland
are
yet
closed
,
our
Countreymen
for
the
Oath
still
kept
in
Prison
,
Traffique
interrupted
,
and
no
other
face
of
affairs
,
then
if
no
cessation
had
been
agreed
upon
.
We
therefore
desire
,
that
your
Lordships
will
represent
to
the
Parliament
,
that
this
great
Incendiary
upon
these
and
the
like
offences
,
not
against
particular
persons
,
but
against
Kingdoms
and
Nations
,
may
be
put
to
a
Tryal
,
and
from
their
known
and
renowned
Justice
,
may
have
his
deserved
punishment
.
THis
Noble
Earl
was
in
person
of
a
tall
stature
,
something
inclining
And
as
he
went
from
the
Tower
to
the
Scaffold
,
his
Countenance
was
in
a
Mild
posture
,
between
dejection
in
contrition
for
Sin
,
and
a
high
Courage
,
without
perceiving
the
least
affection
of
disguise
in
him
.
He
saluted
the
People
as
he
walked
on
foot
from
the
Tower
to
the
Scaffold
,
often
putting
off
his
Hat
unto
them
,
sometimes
to
the
right
,
and
sometimes
to
the
left
hand
,
being
apparelled
in
a
Black
cloth
Suit
,
having
White
Gloves
on
his
Hands
.
And
tho
at
this
time
there
were
gathered
together
on
the
great
open
place
on
Tower-Hill
,
where
the
Scaffold
stood
,
a
numerous
croud
of
people
,
standing
as
thick
as
they
could
by
one
another
,
over
all
that
great
Hill
;
insomuch
,
as
by
the
modest
computation
,
they
could
not
be
esteemed
to
be
less
than
100000
people
;
yet
as
he
went
to
the
Scaffold
,
they
uttered
no
reproachful
or
reflecting
Language
upon
him
.
He
had
Three
Wives
,
the
First
the
Lady
Margaret
Clifford
,
Sister
to
the
Earl
of
Cumberland
,
who
left
no
issue
.
The
Second
,
the
Lady
Arabella
Hollis
,
Sister
to
the
Earl
of
Clare
,
who
left
him
his
only
Son
William
,
now
Earl
of
Strafford
,
and
Two
Daughters
.
The
Third
Wife
,
was
Daughter
to
Sir
Francis
Rhodes
of
Yorkshire
,
by
whom
he
had
one
Daughter
,
an
Infant
at
the
time
of
his
death
.
On
the
First
of
December
in
the
17th
year
of
the
Kings
Reign
,
by
His
Majesties
Letters
Patents
,
his
Son
William
was
restored
to
all
his
Fathers
Dignities
and
Titles
,
and
was
made
Knight
of
the
most
Noble
Order
of
the
Garter
,
having
doubled
his
Paternal
Glorys
and
his
own
,
by
marrying
the
worthy
Daughter
of
two
incomparable
Parents
,
Henrietta
Maria
,
the
Daughter
of
Iames
Earl
of
Darby
,
and
Charlotte
,
Daughter
of
Claude
,
Duke
de
Temoille
and
Charlotte
of
Nassaw
,
Daughter
to
William
,
Prince
of
Orange
.
A
brief
Account
of
his
Secretary
Slingsby
.
MR.
Slingsby
his
Secretary
,
after
the
death
of
this
Noble
Lord
,
presently
left
the
Kingdom
,
and
was
received
beyond
the
Seas
into
the
Queens
favour
,
and
by
Her
Majesty
designed
Secretary
to
the
Prince
of
Wales
(
now
Our
Gracious
Sovereign
)
but
in
his
zeal
to
the
Kings
service
,
and
to
enable
himself
to
attend
Her
Majesty
upon
Her
Landing
,
he
transported
himself
into
Cleveland
,
where
he
had
but
a
small
Estate
,
but
so
much
a
bigger
Interest
,
that
in
a
very
short
time
,
he
levied
Eight
hundred
Foot
,
and
Eighty
Horse
,
with
intention
to
make
up
a
full
Regiment
,
and
Troop
to
wait
upon
the
Queen
.
He
made
his
Quarters
at
Gisborough
in
Cleveland
,
but
before
the
Foot
were
disciplined
in
the
use
of
Arms
,
he
was
attacqued
by
Sir
Hugh
Cholmley
with
1500
Horse
and
Foot
,
and
some
Brass
Drakes
,
Mr.
Slingsby
(
who
was
wholly
educated
in
Civil
affairs
,
never
in
the
active
Military
part
)
having
timely
notice
of
his
Adversaries
approach
,
thought
not
of
any
retreat
,
but
addresses
himself
and
party
immediately
,
to
draw
out
and
fight
the
Enemy
,
notwithstanding
the
inequality
in
number
.
At
his
first
charge
Mr.
Slingsby
(
having
seasoned
old
Soldiers
in
his
Troop
,
which
he
brought
out
of
Holland
)
worsted
their
Horse
,
and
had
some
pursuit
and
execution
,
but
being
allarmed
behind
,
by
the
noise
of
an
engagement
,
betwixt
the
Bodys
of
Foot
,
found
his
Regiment
totally
dissipated
,
beyond
all
hopes
of
rallying
;
whereupon
he
employed
his
Courage
upon
the
Enemies
Foot
,
in
which
Charge
his
Horse
fell
,
and
himself
wounded
with
many
Case-shot
,
and
became
prisoner
.
The
relation
of
Bloud
moved
Sir
Hugh
Cholmly
to
a
generous
regard
and
care
of
him
,
he
was
carried
back
to
Gisborough
,
where
(
in
order
to
the
saving
of
his
life
)
both
his
Legs
were
cut
off
above
the
knee
,
after
which
he
lived
three
days
.
The
Lady
Slingsby
his
disconsolate
Mother
,
hastened
from
York
(
betwixt
hopes
of
Life
and
fear
of
Death
)
to
Gisborough
,
where
she
found
the
late
hopes
of
her
Family
,
and
support
of
her
age
lying
dead
;
and
Sir
Hugh
was
as
much
concerned
as
his
Parent
,
for
the
loss
of
so
accomplished
a
Gentleman
.
His
Body
was
carried
to
York
,
and
there
with
very
Honourable
Solemnitys
interred
in
the
Cathedral-Church
,
after
a
Sermon
preached
by
He
was
eldest
Son
of
Sir
Guilford
Slingsby
,
of
the
Family
of
Screuen
,
and
Red-House
,
in
the
County
of
York
;
his
Fathers
Estate
did
lye
in
Cleveland
St.
Andrews
in
Scotland
,
and
afterwards
studied
some
years
in
the
University
of
Oxford
.
Sir
Guilford
his
Father
dying
,
the
Earl
of
Strafford
received
this
Gentleman
in
his
Retinue
,
among
other
young
Gentlemen
of
Quality
,
upon
his
going
first
into
Ireland
,
where
his
Deportment
,
after
some
time
,
made
his
Lord
to
promote
him
to
be
Secretary
,
and
afterwards
Lieutenant
of
the
Ordinance
,
and
Vice-Admiral
of
Munster
.
Lastly
,
his
Lord
made
choice
of
him
before
all
others
,
to
stand
by
him
,
and
manage
all
his
Papers
,
during
his
Confinement
and
Trial
;
And
immediately
after
the
Bill
of
Attainder
did
pass
both
Houses
,
the
Earl
wrote
this
ensuing
Letter
unto
him
.
A
Letter
from
the
Earl
of
Strafford
to
his
Secretary
Guilford
Slingsby
,
Esq
after
the
passing
of
the
Bill
of
Attainder
,
under
his
own
Hand
.
I
Would
not
,
as
the
case
now
stands
,
for
any
thing
,
you
should
endanger
your self
,
being
a
person
in
whom
I
shall
put
a
great
part
of
my
future
Trust
;
and
therefore
in
any
case
absent
your self
for
a
time
,
yet
so
,
as
I
may
know
where
you
are
,
and
therefore
send
your
man
back
,
that
I
may
know
whither
to
direct
any
thing
I
have
to
impart
to
you
,
and
that
presently
,
and
after
that
,
let
your
man
come
as
little
about
this
place
as
may
be
:
your
going
to
the
King
is
to
no
purpose
,
I
am
lost
,
my
Body
is
theirs
,
but
my
Soul
is
Gods
;
there
is
little
trust
in
man
,
God
may
yet
(
if
it
please
him
)
deliver
me
,
and
as
I
shall
(
in
the
best
way
he
shall
enable
me
unto
)
prepare
my self
for
him
,
so
to
him
I
submit
all
I
have
;
the
person
you
were
last
withal
at
Court
,
sent
to
move
that
business
we
resolved
upon
,
which
if
rightly
handled
,
might
perchance
doe
something
;
but
you
know
my
opinion
in
all
,
and
what
my
belief
is
in
all
these
things
;
I
should
by
any
means
advise
you
to
absent
your self
,
albeit
never
so
innocent
,
as
you
are
,
till
you
see
what
becomes
of
me
;
if
I
live
,
there
will
be
no
danger
for
you
to
stay
,
but
otherwise
keep
out
of
the
way
till
I
be
forgotten
,
and
then
your
return
may
be
with
safety
.
I
mean
indeed
,
to
leave
you
one
in
Trust
for
my
Children
,
and
thank
you
for
your
readiness
to
look
after
it
.
Time
is
precious
,
and
mine
I
expect
to
be
very
short
,
and
therefore
no
part
of
it
to
be
lost
.
God
direct
and
prosper
you
in
all
your
ways
;
and
remember
there
was
a
person
whom
you
were
content
to
call
Master
,
that
did
very
much
value
and
esteem
you
,
and
carried
to
his
death
a
great
stock
of
his
affection
for
you
,
as
for
all
your
services
,
so
for
this
your
care
towards
me
all
this
time
of
my
Tryal
and
Affliction
;
and
however
it
be
my
misfortune
to
be
decryed
at
present
,
yet
in
more
equal
times
,
my
friends
(
I
trust
)
shall
not
be
ashamed
to
mention
the
Love
to
their
Children
,
for
their
Fathers
sake
.
Your
Affectionate
Friend
,
STRAFFORD
.
The
Reflections
of
King
CHARLES
the
I.
upon
the
Earl
of
Straffords
Death
.
I
Looked
upon
my
Lord
of
Strafford
as
a
Gentleman
,
whose
great
abilities
might
make
a
Prince
rather
afraid
,
than
ashamed
to
imploy
him
,
in
the
greatest
affairs
of
State
.
For
those
were
prone
to
create
in
him
great
confidence
of
undertakings
,
and
this
was
like
enough
to
betray
him
to
great
errors
,
and
many
enemies
:
whereof
he
could
not
but
contract
good
store
,
while
moving
in
so
high
a
sphear
,
and
with
so
vigorous
a
Luster
,
he
must
needs
(
as
the
Sun
)
raise
many
envious
exhalations
,
which
condensed
by
a
Popular
odium
,
were
capable
to
cast
a
cloud
upon
the
brightest
merit
and
integrity
.
Though
I
cannot
in
my
judgment
approve
all
he
did
,
driven
(
it
may
be
)
by
the
necessities
of
times
,
and
the
temper
of
that
people
,
more
than
led
by
his
own
disposition
to
any
height
and
rigor
of
Actions
:
yet
I
could
never
be
convinced
of
any
such
criminousness
in
him
,
as
willingly
to
expose
his
life
to
the
stroke
of
Justice
and
Malice
of
his
enemies
.
I
never
met
with
a
more
unhappy
conjuncture
of
affairs
,
than
in
the
business
of
that
unfortunate
Earl
;
when
between
my
own
unsatisfiedness
in
Conscience
,
and
a
necessity
(
as
some
told
me
)
of
satisfying
the
importunities
of
some
people
;
I
was
perswaded
by
those
,
that
I
think
wished
me
well
,
to
chuse
rather
what
was
safe
,
than
what
seemed
just
:
preserring
the
outward
peace
of
my
Kingdoms
with
Men
,
before
that
inward
exactness
of
Conscience
before
God
.
And
indeed
,
I
am
so
far
from
excusing
or
denying
that
compliance
on
my
part
(
for
plenary
consent
it
was
not
)
to
his
destruction
,
whom
in
my
judgment
I
thought
not
,
by
any
clear
Law
guilty
of
death
;
that
I
never
did
bear
any
touch
of
Conscience
with
greater
regret
:
which
,
as
a
sign
of
my
repentance
,
I
have
often
with
sorrow
confessed
,
both
to
God
and
Men
,
as
an
act
of
so
sinful
frailty
,
that
it
discovered
more
a
fear
of
man
,
than
of
God
,
whose
Name
and
Place
on
Earth
no
man
is
worthy
to
bear
,
who
will
avoid
inconveniencies
of
State
,
by
Acts
of
so
high
injustice
,
as
no
publique
convenience
can
expiate
or
compensate
.
I
see
it
a
bad
exchange
to
wound
a
mans
own
conscience
,
thereby
to
salve
State
sores
;
to
calm
the
storms
of
popular
discontents
,
by
stirring
up
a
Tempest
in
a
mans
own
bosom
.
Nor
hath
Gods
Justice
failed
in
the
event
and
sad
consequences
,
to
shew
the
world
the
fallacy
of
that
Maxim
,
Better
one
man
perish
(
though
unjustly
)
than
the
people
be
displeased
or
destroyed
.
For
,
in
all
likelyhood
,
I
could
never
have
suffered
with
my
people
,
greater
calamities
(
yet
with
greater
comfort
)
had
I
vindicated
Straffords
innoncency
,
at
least
by
denying
to
Sign
that
destructive
Bill
,
according
to
that
justice
which
my
Conscience
suggested
to
me
,
then
I
have
done
since
I
gratified
some
mens
unthankful
importunities
with
so
cruel
a
favour
;
and
I
have
observed
,
that
those
,
who
counsell'd
me
to
Sign
that
Bill
,
have
been
so
far
from
receiving
the
rewards
of
such
ingratiatings
with
the
people
,
that
no
men
have
been
harassed
and
crushed
more
than
they
:
he
only
hath
been
least
vexed
by
them
,
who
counselled
me
,
not
to
consent
against
the
Vote
of
my
own
Conscience
;
I
hope
God
hath
forgiven
me
and
them
the
sinful
rashness
of
that
business
.
To
which
,
being
in
my
Soul
so
fully
conscious
,
those
Judgments
God
hath
pleased
to
send
upon
me
,
are
so
much
the
more
welcome
,
as
a
means
(
I
hope
)
which
his
mercy
hath
sanctified
so
to
me
,
as
to
make
me
repent
of
that
unjust
Act
(
for
so
it
was
to
me
)
and
for
the
future
to
teach
me
,
that
the
best
rule
of
policy
is
to
preferr
the
doing
of
Justice
before
all
enjoyments
,
and
the
peace
of
my
Conscience
,
before
the
preservation
of
my
Kingdoms
.
Nor
hath
any
thing
more
fortified
my
resolutions
,
against
all
those
violent
importunities
,
which
since
have
sought
to
gain
a
like
consent
from
me
,
to
Acts
,
wherein
my
Conscience
is
unsatisfied
,
than
the
sharp
touches
I
have
had
for
what
passed
me
,
in
my
Lord
of
Straffords
business
.
Not
that
I
resolved
to
have
employed
him
in
my
affairs
,
against
the
advice
of
my
Parliament
;
but
I
would
not
have
had
any
hand
in
his
death
,
of
whose
guiltlesness
I
was
better
assured
,
than
any
man
living
could
be
.
Nor
were
the
crimes
objected
against
him
so
clear
,
as
after
a
long
and
fair
hearing
,
to
give
convincing
satisfaction
to
the
major
part
of
both
Houses
;
especially
that
of
the
Lords
,
of
whom
scarce
a
third
part
were
present
,
when
the
Bill
passed
that
House
:
And
for
the
House
of
Commons
,
many
Gentlemen
disposed
enough
to
diminish
my
Ld.
of
Straffords
Greatness
and
Power
,
yet
unsatisfied
of
his
Guilt
in
Law
,
durst
not
condemn
him
to
dye
:
who
for
their
integrity
in
their
Votes
,
were
,
by
posting
their
Names
,
exposed
to
the
popular
Calumny
,
Hatred
,
and
Fury
,
which
grew
then
so
exorbitant
in
their
clamors
for
Iustice
,
(
That
is
,
to
have
both
my Self
,
and
the
Two
Houses
Vote
,
and
do
as
they
would
have
us
)
that
many
(
't
is
thought
)
were
rather
terrified
to
concur
with
the
condemning
party
,
than
satisfied
,
that
of
right
they
ought
so
to
do
.
And
that
after
Act
,
vacating
the
Authority
of
the
precedent
,
for
future
imitation
,
sufficiently
tells
the
world
,
that
some
remorse
touched
even
his
most
implacable
enemies
,
as
knowing
he
had
very
hard
measure
,
and
such
as
they
would
be
very
loath
should
be
repeated
to
themselves
.
This
tenderness
and
regret
I
find
in
my
Soul
,
for
having
had
any
hand
(
and
that
very
unwillingly
,
God
knows
)
in
shedding
one
mans
Bloud
unjustly
(
though
under
the
colour
and
formalities
of
Justice
and
pretences
of
avoiding
publique
mischiefs
)
which
may
,
I
hope
,
be
some
Evidence
before
God
and
Man
,
to
all
posterity
,
that
I
am
far
from
bearing
justly
,
the
vast
Load
and
Guilt
of
all
that
Blood
which
hath
been
shed
in
this
unhappy
War
;
which
some
Men
will
needs
charge
upon
me
,
to
ease
their
own
Souls
,
who
am
,
and
ever
shall
be
more
afraid
,
to
take
away
any
mans
Life
unjustly
,
than
to
lose
my
own
.
An
ACT
for
Reversing
the
Earl
of
Strafford's
Attainder
.
WHereas
Thomas
late
Earl
of
Strafford
,
was
impeached
of
High-Treason
,
upon
pretence
of
endeavouring
to
subvert
the
Fundamental
Laws
,
and
called
to
a
publique
and
solemn
Arraignment
,
and
Tryal
before
the
Peers
in
Parliament
,
where
he
made
a
particular
Defence
to
every
Article
objected
against
him
;
insomuch
that
the
turbulent
party
then
seeing
no
hopes
to
effect
their
unjust
Designs
,
by
any
ordinary
way
and
method
of
proceedings
,
did
at
last
resolve
to
attempt
the
Destruction
and
Attainder
of
the
said
Earl
,
by
an
Art
of
Parliament
,
to
be
therefore
purposely
made
to
condemn
him
upon
accumulative
Treason
,
none
of
the
pretended
crimes
being
Treason
apart
,
and
so
could
not
be
in
the
whole
,
if
they
had
been
proved
,
as
they
were
not
;
and
also
adjudged
him
guilty
of
Constructive
Treason
(
that
is
,
of
Levying
War
against
the
King
)
though
it
was
only
the
Commanding
an
Order
of
the
Council-Board
in
Ireland
,
to
be
executed
by
a
Sergeant
at
Arms
,
and
three
or
four
Soldiers
,
which
was
the
constant
practice
of
the
Deputies
there
for
a
long
time
:
To
the
which
end
,
they
having
first
presented
a
Bill
for
this
intent
,
to
the
House
of
Commons
,
and
finding
there
more
opposition
than
they
expected
,
they
caused
a
multitude
of
tumultuous
persons
to
come
down
to
Westminster
,
armed
with
Swords
and
Staves
,
and
to
fill
both
the
Palace-yards
,
and
all
the
approaches
to
both
Houses
of
Parliament
,
with
Fury
and
Clamor
,
and
to
require
Justice
,
speedy
Justice
against
the
Earl
of
Strafford
;
and
having
by
those
and
other
undue
practices
,
obtained
that
Bill
to
pass
the
House
of
Commons
,
they
caused
the
Names
of
those
resolute
Gentlemen
,
who
in
a
Case
of
innocent
Blood
,
had
freely
discharged
their
Consciences
,
being
Fifty
nine
,
to
be
posted
up
in
several
places
about
the
Citys
of
London
and
Westminster
,
and
stiled
them
Straffordians
.
and
Enemies
to
their
Countrey
,
hoping
thereby
to
deliver
them
up
to
the
fury
of
the
People
,
whom
they
had
endeavoured
to
incense
against
them
,
and
then
procured
the
said
Bill
to
be
sent
up
to
the
House
of
Peers
,
where
it
having
some
time
rested
under
great
deliberation
;
at
last
,
in
a
time
,
when
a
great
part
of
the
Peers
were
absent
,
by
reason
of
the
tumults
,
and
many
of
those
who
were
present
,
protested
a
gainst
it
,
the
said
Bill
passed
the
House
of
Peers
;
and
at
length
His
Majesty
,
the
late
King
CHARLES
the
I.
of
Glorious
Memory
,
granted
a
Commission
for
giving
His
Royal
Assent
thereunto
,
which
nevertheless
was
done
by
His
said
Majesty
,
with
exceeding
great
sorrow
then
,
and
ever
remembred
by
him
with
unexpressible
grief
of
Heart
,
and
out
of
His
Majestys
great
Piety
,
he
did
publiquely
express
it
,
when
His
own
Sacred
Life
was
taken
away
by
the
most
detestable
Traytors
that
ever
were
.
For
all
which
Causes
be
it
Declared
and
Enacted
by
the
Kings
most
Excellent
Majesty
,
by
,
and
with
the
Advice
and
Consent
of
the
Lords
Spiritual
and
Temporal
,
and
Commons
in
this
present
Parliament
Assembled
,
That
the
Act
Entituled
,
An
Act
for
the
Attainder
of
Thomas
Earl
of
Strafford
of
High
Treason
,
and
all
and
every
Clause
and
Article
,
and
thing
therein
contained
,
being
obtained
as
aforesaid
,
is
now
hereby
Repealed
,
Revoked
,
and
Reversed
.
And
to
the
end
that
Right
be
done
to
the
memory
of
the
deceased
Earl
of
Strafford
aforesaid
;
Be
it
further
Enacted
,
That
all
Records
and
Proceedings
of
Parliament
,
relating
to
the
said
Attainder
,
be
wholly
Cancell'd
,
and
taken
off
the
File
,
or
otherwise
Defaced
,
and
Obliterated
,
to
the
intent
,
the
same
may
not
be
visible
in
after
ages
,
or
brought
into
example
,
to
the
prejudice
of
any
person
whatsoever
.
Provided
,
That
this
Act
shall
not
extend
to
the
future
questioning
of
any
person
or
persons
,
however
concerned
in
this
business
,
or
who
had
any
hand
in
the
tumults
,
or
disorderly
procuring
the
Act
aforesaid
,
Any
thing
herein
contained
to
the
contrary
thereof
notwithstanding
.