BEE pleased to give me but a little re­spite, and I make no doubt but to repre­sent to your Lordships Thomas Earle of Strafford, now prisoner at the Bar, as subtle in his answers, as he hath been cunning in his practices.

The said Master Glyn retiring himselfe for the space of halfe an houre, and returning, thus began.

My Lords, Wee are here entrusted by the house of Commons, in the name of all the Commons of England to recollect our evi­dence, [Page 2] and to apply it to the generall charge, whereunto it is directed.

My Lord of Strafford recollecting the evi­dence of his defence (under favour) did expresse how subtle he therein was, which I shall make appeare to your Lordships in sundry particu­lars.

But my Lords, before I enter upon it, I shall make some observations and answers to that, reducing it againe to that method, though not so exactly (I feare) as I have proposed it to my selfe.

It will easily appeare to your Lordships; That the Earle of Strafford hath exprest what­soever may seeme to make for him, but concea­led the rest.

He hath misrecited, and miswrested proofes, both on his owne side and ours.

He hath My Lords, taken this advantage, that it might make for his defence.

He hath disjoynted those testimonies and witnesses that made against him: That they might appeare like small scattered drops of raine, which neverthelesse being gathered toge­ther, would over-flow the body of the earth it selfe.

My Lords, I doubt not in the generall, but to make good what I have spoken against him, who hath made a flourish this day (as he hath formerly) that if he had longer time, he is con­fident he could have cleared himselfe of those [Page 3] great crimes wherewith he stands charged.

Give mee leave therefore to informe your Lordships, that he is no way scanted by time, whatsoever his flourishing Rhetorick may en­deavour to insinuate.

My Lords, it may as easily, as plainly appeare, that there is nothing wanting to him, for hee hath severall Copies of papers of the Councell-Table here, and of the Parliament in Ireland, and yet he still pretends, he is not ready; only to protract and gaine time.

My Lords, he hath often mentioned this day, and the day before, that many Articles where­with he stands charged, are proved but by one witnesse, and therefore he takes advantage of the Statute, 1 Edw. 6. That a man ought not to be condemned by one witnesse.

My Lords, This is a fallacy of his own heart, for the severall charges against him are not de­posed by one witnesse only, but many.

My Lords, His charge is for subverting the fundamentall Lawes of the Land, and endeavou­ring to introduce a tyrannicall government.

If your Lordships put these together, you shall finde clearely, by how weake a thred his answers hang.

My Lords, Another comparison I shall be bold to make, is, That he was pleased to cast an as­persion in the entrance of his answer, upon those which were and are entrusted by the house of Commons; by pretending the severall [Page 4] charges were not proved, which indeed are proved sufficiently.

My Lords, Wee stand here to justifie and maintaine what we have spoken, and however he is pleased to cast it upon us, we are bold to retort it upon him, but should be loath to be so guilty in this, as he is found in the severall charges.

My Lords, He hath been pleased to make a generall plea, that these particulars, though put together in one body, cannot possibly make a Felony, nor 100. Felonies a Treason; in­stancing in that of a bloody knife in a murthe­rers hand, but I make no doubt he well knowes, that the case of murthering a private man, and of a whole Kingdome differ, and that there may be Treason intended in the latter, though by Gods mercy prevented.

He that intends to kill a King, though it bee not perpetrated, is neverthelesse guilty of high Treason, yet a King, though murthered, may live in his posterity; but to kill the whole Kingdome, and their posterity, to bring them into perpetuall bondage and slavery, if this be not high Treason, and the highest degree of Treason, I must professe I yet know not what Treason is.

Besides, my Lords, (under favour) I shall put you in remembrance, that Faux, the greatest and most desperate Traitor that any Age hath brought forth, might have pretended this ex­cuse, [Page 5] That the taking in of barrels of gunpouder, and putting them under the parliament house, laying the traine of pouder, and kindling the match (to execute the most horrid villany that ever hell teemed) was no treason, because not effected; but if you consider the circumstan­ces, you will finde it capitall treason, and hee might have had as much excuse for his villany, as the Earle of Strafford in this case.

My Lords, Thomas Earle of Strafford endeavo­red and attempted to kill the Lawes, the funda­mentall Lawes of this kingdome: and if this be not high treason, it may with very good reason seeme strange. My Lord of Strafford distingui­sheth of treasons, viz. That there are treasons by Statute at Common Law, and treasons arbitrary or constructive.

My Lords, Be pleased to give me leave to trace him a while, and afterwards to discharge my duty, truly to represent the cause, and I will a­void (as much as I can) falling into my Lord of Straffords error.

My Lords, he beginneth with the fifteenth ar­ticle, and pretends the substance of the Charge is, That he caused a warrant to be executed by Ro­bert Savil Sergeant at armes, and divers others, (who as he conceives, ought not to sweare in his own justification) and that he condemned the proceedings of the Councell boord in Ireland. Now saith hee, this warrant is not produced.

But my Lords, The Judges know and wil tell [Page 6] you, That if a man be charged with felony, al­though the thing stollen bee not produced, yet neverthelesse the man stands charged. I say ther­fore this is but a new way and invention, found out newly by his Lordship (for ought I can see) to commit high treason, and to say he had a war­rant for it.

I beseech your Lordships patience, and I trust to c [...]eare this assertion; and wheras he pre­tends the Sergeant at armes to be no competent witnesse, I wonder much at it.

He is pleased to spend much of his Rhetorick when he saith, That monies were levied but by two or three soldiers, and no more. But your Lordships know it is as much mischiefe to be overmastred by foure, as foure thousand.

Your Lordships may remember, that the warrant doth not particularly expresse the num­ber of men that should raise it in that warlike manner.

I might as well say, The King hath given me an army in Ireland, therefore I will turn it upon the bowels of the Kings people.

I thought, my Lords, hee would have insisted upon the other two articles, but it seemes hee hath been better advised. And for the feares of his transporting the Irish army, my Lords, those feares were warrantable and just.

The Commons of England also feared, and justly, or else they would never have charged him therewith. And the Lo. feares he mentioned a­rise [Page 7] from a true and reall cause, and hee hath shewed himselfe a good subject in this and all other things, and whatsoever my Lord of Straf­ford is pleased to say against him, his reputation stands untainted.

Whereas he citeth that of Master Treasurer Vanes Charge, who affirmes he said (speaking at that time of a defensive warre with Scotland) Your Majesty hath hyed all wayes and meanes, and in this your extream necessity, for your own and your peoples safety, you may employ the Irish army to re­duce this Kingdome to obedience. My Lords, wee could plainely have prooved this testimony by notes taken by Secretary Vane (which notes were accordingly taken the beginning of the last June) and by two other witnesses; because hee affirmeth he could have proved the contrary.

My Lords, I tell you what testimonies wee could have brought (if there had been need) to prove his intentions to bring in the Irish army.

True it is, the last recited words were spoken by Master Treasurer Vane the fifth day of May; whereas he saith, How can it be true, for the Army was not on foot a moneth after. Yet, with his Lord­ships favor, in Aprill before, he had given order for it: so that (my Lords) this objection is ta­ken away out of his owne testimony.

Now, my Lords, before I fall upon the other words which he calls constructive, I shall hum­bly desire your Lordships to look on your notes how he handled the argument.

[Page 8] My Lords (saith he) I am taxed to say, that Ire­land was a conquered Nation, Ergo I am a Traitor for speaking truth. If your Lordships please to looke on the articles, you shall finde how hee doth dissect and cut them in severall pieces, to serve his owne turne.

And so I descend to the fourth article, which he saith was proved but by one witnesse: but I doe extreamely wonder that he should affirm it, for it was proved by three or foure several Wit­nesses, and the words themselves were proved by foure witnesses, to be exceeding often spoken by him: and if we would have troubled your lord­ships with more proofes, we could have proved almost as many charges against him, as hee re­mained dayes in Ireland.

My Lords, then he falls back to the second ar­ticle, where he should have exprest these words, viz. That the Kings little finger should bee heavier than the loines of the Law. This, my Lords, was expressely prooved by five witnesses, to make good the charge; and therefore with your Lord­ships patience, you shall find it by plain demon­strations fully proved.

My Lords, I shall not answere to his pieces, but bring them together, and then their foule­nesse will more fully appeare.

Whereas he mentions, That of the Kings pre­rogative for raising of monies, and particularly that of the Ship money, by the Iudges testimony to be law; My Lords, for him to bring in that which is al­ready [Page 9] condemned, and proved contrary to Law; For him therefore to counsell a King, that hee is absolved and free from all rules of government, to invade upon posterity, to make denial of pro­perty: my Lords it rests in your great judge­ments, and in all that heare mee, what argument this is of defence; but 'tis no wonder: for more of the like stuffe followes.

My Lords, Hee stands charged for bringing two armies into the field; and thinks to put it off, by saying he had been in the country.

My Lords, I shall make it appeare, that the providing of this warre was the principall and maine designe to bring his ends about. My Lords, in the passage hereof he saith, that Secre­tary Vanes words were, That himselfe was for a defensive war; but he for an offensive: & that there was no difference in these. Which may well bee strange to any reasonable man, that there should no difference at all bee set, betwixt defending a mans selfe, and offending others.

My Lords, In the 24 Article hee mentions part of the Charge, That he was an occasion of the dissolution of Parliaments. Whereto he answers, It is not proved. But my Lords it shall appeare to be indeed, as the Witnesses have already de­deposed.

He goes on with these words: Can any man thinke him the occasion of breaking up Parliaments? when such counsells would have been a hinderance to his owne designes.

[Page 10] My Lords, He comes from thence to the seven and twentieth Article, and answereth, That it seemes very strange to him, That people should once imagine, that a man can walke so safely 'twixt two Armies in time of war, as an Atturney, who in Terme goes from one Bench to another, with a bundle of Pa­pers under his girdle. My Lords, he makes it very strange, that he should be charged with treasons for subverting the lawes of this kingdome.

My Lords, I answer: Doth not the Law make it treason to kill a Judge on the Bench? For why, hee is the living voice of the Law: And shall not he that kills the King in his people, be equally guilty?

And whereas he alledgeth, Hee never purposed to introduce a tyrannicall government, or to subvert the fundamentall lawes of this Kingdome; I answer (my Lords) although, praised be God, hee hath not effected it, yet it is too apparent hee inten­ded it.

My Lords, The sole helpe the Subject hath to conserve his liberties, if he be detained against Law, is by prohibition, or Habeas Corpus: And yet both of these were by him restrained; and I refer it to your Lordships great judgements, whether this was not, as much as in him lay▪ to introduce an arbitrary power in the King.

And my Lords, Whereas hee saith as afore­said, That the Kings little finger should bee heavier than the loines of the Law: (for he buzzed this in­to the Peoples eares, that they should find it so) [Page 11] and then to speake those words at such a time, when the body of the Kingdome was to meete, was such a vile matter, and a crime of so exor­bitant a nature, that it indangered a generall in­surrection against Majestie, and this is proved by five witnesses, and not disproved by any, but Sir William Penniman, who saith, he heard them not; yet neverthelesse if five would say such a thing, and other five deny it, the affirmative ought to sway.

My Lords, When he was sent into Ireland with commission and authority, it was not long but he pursued his intents, and produced them into act, and had not God blowen upon his devices, he had wrapped us all up in desolation.

And then my Lords, that he, when all the lights of Justice were open, should execute such punishment on a Peere of the Realme of Ire­land, (as sufficiently appeares) doth plainly de­monstrate his mischievous intents.

My Lords, That he which is under the Law, should take a power above Law, nay, without and against Law, in putting a man to death.

My Lords, I shall not omit somewhat hee thereupon said, That he hoped to have pardon of your Lordships therefore, if he did any thing amisse therein.

Moreover, (my Lords) hee adjudged my Lord Corks estate, a lay fee dependant upon the Church, and deprived him thereof by a pa­per petition, which was a course usuall with my [Page 12] Lord of Strafford, to put men out of their in­heritance, against all law or equity.

My Lords, He goes further, and saith, That he would make my Lord Corke, and all Ireland know, That Acts of Councell are equall, and should be as binding to the Subjects of that Kingdome, as Acts of Parliament.

My Lords, Here he judged also another, though a Peere, puts him out of his inheritance, and yet cannot finde one president to ground him for his so doing.

The next is the 27. Article, whereto hee makes his defence, when as hee was not yet charged.

And whereas he alleadgeth, That seeing the Warrant he sent, he presently recalled it, and re­called it willingly, therefore he hopes favour from your Lordships.

My Lords, The Warrant was three whole yeares in execution before it was recalled.

Your Lordships have heard, he is not con­tented herewith, but spreads it over the face of the whole Kingdome, and arrogates authority to himselfe above the Lawes in his answer to the 10. Article, touching his notorious abu­sing of the King in his Customes: He pretends It is rather matter of fraud than otherwise; (which tends to his Majesties so great disservice) and this plainly appeares, for the King hath lost thereby extreamly.

His Majestie lost 5000. pound per an. of the olde Rents.

[Page 13]And my Lords, for the Earle of Strafford, he hath gotten 100000 pounds by Tobaco at least, besides his other Monopolies.

My Lords, In pursuance of his intents hee crost the proceedings of the whole court of par­liament in Ireland.

The next charge against him is upon the nine­teenth Article, For endeavoring the subversion of the fundamentall lawes of both kingdomes, and that he should compell conscience, by forcing the Kings subjects there, to take an oath contrary to Law and justice.

My Lords, this his designe to subvert the Law, and exercise power above the Law, was a designe conceived in his heart long before it was executed; That the King might doe every thing that power would admit, and that the King, if hee pleased, might reduce this kingdome to obedience, by the army he had in Ireland.

My Lord Primate testifies, That before the Parliament he said, That if the Parliament would not apply themselves to his Majesty▪ the King was acquitted before God and man, and might make use of his prerogative. My Lord Conway chargeth him with the same; adding withall, That if hee tooke this course, the people would give 12 Subsidies.

Whereupon a Parliament was called, but soone by his meanes dissolved, and so the Kings necessities unsupplied. Either therefore my Lord of Strafford must bee thought a Prophet, of else that he projected and effected the dissolu­tion [Page 14] of the Parliament.

The next Article is, That he told and counsel­led his Majesty, That the City was undutifull and unthankfull, and that no good would be done with them till they were made an example, and layd by the heeles, and some of the Aldermen hanged up.

My Lords, That he gave this counsel, plainly appeares, for thereupon foure Aldermen were instantly committed. So that it is evident, the Earle of Strafford had premeditated this de­signe.

Now my Lords put all these together, whe­ther the occasion of the warre, and dissolving of the Parliament, were not the end of his devices and counsels, to bring this kingdom to an arbi­trary and tyrannicall government.

So, my Lords, if words & intentions, if coun­sels and actions, of such dangerous consequence to whole kingdomes, be a sufficient evidence of a designe to subvert the Lawes, I hope I have sa­tisfied your Lordships therein. And so, my Lords, I have done with the proofes on the Commons side.

My Lords, I mentioned the seventeenth Ar­ticle before, which spake of making a Warrant to levy the Kings money by force: This, my Lords, was acted at the command of the Depu­tie, as it is confessed▪ by Sir William Pennyman.

My Lords, It is plaine my Lord of Strafford commanded it: for Sir William saith that the Warrant was made at the pursuance of the di­rection [Page 15] of my Lord of Strafford.

Put all these together, and I doubt not but he will bee found, and it will plainely appeare he is the occasion of all the evils that have fallen upon the Nation, wherewith hee is charged in this article.

I come now, my Lords, to the last passage my Lord of Strafford hath exprest, which I will ob­serve.

For the first, my Lords, please you to take notice how he begs your pitty and compassion. My Lords, If he had exercised compassion to­wards others, hee might perhaps have expected some extenuation, some mitigation of his of­fences. But when he hath beene the Incendiary to so many mischiefes, and calamities which have befallen and infested his Majesties Subjects both in England, Scotland, and Ireland, how can he hope or expect but that the reward of his hands be given him.

My Lords, Your Lordships have heard him often say, it is very strange he should be questi­oned for words, being no matter of fact, and therefore to sweep away him, and his posterity from among the living, for things (as he saith) of no consequence, of no solidity at all, is very hard.

My Lords, I answer, what respect, what pitty, or Christian compassion did he ever demon­strate, when he was in his Kingdome, in Ireland, when he caused those that refused to pay, to bee [Page 16] committed; when hee compelled the great Councell of the Kingdome to stoope to his de­vices, when he trampled on the Peeres, and op­pressed the Kings subjects, with what great in­dignity did he use them, how did he insult upon people of all rankes?

My Lords, He is charged with offences of the highest nature: And whereas he alleadgeth by way of excuse, that if these things bee made crimes, the affaires of the Kingdome will be left so waste and desolate, that no man of wisdome will meddle with them.

Please my Lord of Strafford therefore take notice, That the Kings Ministers ought to serve his Majesty according to Law, and no other­wise.

Can he then my Lords, pin these misdemea­nours (as he calls them) upon his Majesty, which no prudent Statesman ever did.

What is it but Treason, to make the cause of the groanes and sighes of his Majesties subjects to proceed from his sacred Majesty?

This is a course no wise Minister ever pra­ctised, thus to question his great Master, and as much as in him lies, to make the subject weary of serving, and the King of protecting.

What is this, but to make his Majestie thinke, That his Royall prerogative is neither comprehended within the limits of Law, nor the bounds of Reason; For if he had not an in­tention to subvert the Lawes, why should hee [Page 17] suggest these things into the Kings eares? what is this my Lords, but as much as in him lies, to confound all Law?

What is this, but to make his Majesty think, that the protection and defence of his people, is the way to his ruin & destruction. To make the people begin to loath the Crowne, and the King hate his people; and should I often repeat it, sure I am there is so much candor in the Kings heart, that it will justifie what I have said.

My Lords, There is no greater safety to Prince or People, than to have the Throne esta­blished by good Counsellors, and no greater danger can befall a Kingdome, than to have such who are wicked and dangerous.

He alleadgeth for himselfe the great hazzard every Counsellor will run, if they shall be que­stioned for giving their Counsells freely, ac­cording to their oathes, who then, saith he, will be a Counsellor?

My Lords, For many yeares you know it, and I cannot without griefe of heart once mention it; there hath been an evill spirit of contention that hath moved and stirred amongst us, which hath been the author and fomenter of all our distractions, viz. Necessity and Danger. These evill Counsells have brought the King into ne­cessity, and necessity hath ever had danger its at­tendant.

The foundations hereof are laid upon that of Shipmoney, and dissolution of Parliaments, by [Page 18] perswading the King not to sticke to any rules of government, but to governe without rule or Law.

But I pray my Lords, consider what ill courses my Lord of Straffords Councells have produced, and how pestilent to both King­domes.

Your Lordships may remember how he hath scandalized some Peeres of your Realme of Ire­land, when he openly exprest, at the Parliament there, That things were carried against him by faction and correspondence, and what threats he then used to terrifie them.

To conclude all my Lords, The Earle of Strafford is here arraigned of high Treason, for going about to subvert the fundamentall Lawes of the Kingdome.

My Lords, You are sons of the same Ancestors, that enacted, maintained, and preserved these Lawes which he would have ruined, and the same blood runs in your Veines.

You cannot my Lords, thinke him worthy to live, who hath attempted these things against all Law: What Law hath he not broken?

He hath attempted the ruine of three King­domes at one blow, it was by him projected: but blessed be our good God, here it stopt, it was never effected.

Therefore my Loeds, if you would be safe, or live in peace, and still enjoy those Lawes, for the maintenance whereof, your Fathers shed [Page 19] their dearest blood; then cast this Ionas (who yet lies asleep on the bed of security) into the Sea, lest the Ship of the Common-wealth split and sinke.

My Lords, It is a cause concernes the King, and here is the remonstrance of the Kingdomes of England, Scotland, and Ireland, who all humbly beg it.

My Lords, What the danger and horror of it would have produced, had these mischiefes been brought to birth, I leave to your great judgements seriously to consider.

And thus my Lords, have I delivered the charge given me by the House of Commons, as briefly and plainly as I could, and therefore doe here with all humility conclude, and submit.