collect himself; which was granted him.— Some days after he was examined a second time, and then deposes these words concerning the king's being absolved from rules of government, and so forth, very clearly. But be ing pressed to that part, concerning the Irish Ariny, again, he said, He could say nothing to that. Here we thought we bad done with him, till divers weeks after, my lord of Northumberland, and all others of the juncto, deny. ing to have heard any thing concerning those words, of reducing England by the Irish army, it was thought fit to examine the secretary once more; and then he deposes these words to have been spoken by the earl of Strafford to his majesty, You have an Army in Ireland, which you may employ here to reduce (or some words to that sense) this kingdom.-Mr. Speaker, these are the circumstances which, I confess with my conscience, thrust quite out of doors that grand Article of our Charge, concerning his desperate advice to the king, of employing the Irish Army here.-Let not this, I beseech you, be driven to an aspersion upon Mr. Secretary, as if he should have sworn we are now, and must put on another personage. It is honest and noble to be earnest, in order to the discovery of truth; but when that hath been brought so far as it can to light, our judgment thereupon ought to be calm and cautious. In prosecution upon probable grounds, we are accountable only for our industry or remissness; but in judginent we are deeply responsible to God Almighty for its rectitude or obliquity. In cases of life, the judge is God's steward of the party's blood, and must give a strict account for every drop. -But, as I told you, Mr. Speaker, I will not insist long upon this ground of difference in me now, from what I was formerly. The truth of it is, sir, the same ground whereupon I (with the rest of the few to whom you first committed the consideration of my lord Straf ford) brought down our opinion, That it was fit he should be accused of Treason; upon the same ground I was engaged with earnestness in his prosecution; and had the same ground remained in that force of belief with me, which till very lately it did, I should not have been tender in his condemnation: but, truly, sir, to deal plainly with you, that ground of our ac-otherwise than he knew or believed; he is too cusation, that spur to our prosecution, and that which should be the basis of my judgment of the earl of Strafford, as unto Treason, is, to my understanding, quite vanished away.This it was, Mr. Speaker: his advising the king to employ the army in Ireland to reduce England. This I was assured would be proved, before I gave my consent to his accusation. I was confirmed in the saine belief, during the prosecution, and fortified most of all in it since sir Henry Vane's preparatory examination, by assurances which that worthy member, Mr. Pym, gave me, that his testimony would be made convincing by some Notes of what passed at the juncto, concurrent with it; which I ever understanding to be of some other counsellor, you see now prove but a copy of the same secretary's Notes, discovered and produced in the manner you have heard; and those such disjointed fragments of the venomous part of discourses: no results, no conclusions of councils, which are the only things that secretaries should register; there being no use of the other, but to accuse and bring men, into danger. But, sir, this is not that which overthrows the evidence with me, concerning the army in Ireland; nor yet, that all the rest of the juncto remember nothing of it; but this, sir, which I shall tell you, is that which works with me, under favour, to an utter overthrow of his evidence, is unto that of the army of Ireland: before, whilst I was prosecutor, and under tye of secrecy, I might not discover any weakness of the cause, which now, as a judge, I must. Mr. Secretary was examined thrice upon oath, at the preparatory committee. The first time he was questioned to all the interrogatories; and to that part of the 7th, which concerns the Army in Ireland, he said positively these words, I cannot charge him with that; but, for the rest, he desires time to rc worthy to do that; only let thus much be inferred from it, that he who twice upon oath, with time of recollection, could not remember any thing of such a business, might well a third time misremember somewhat: and in this bu siness the difference of one letter, here for there, or that for this, quite alters the case; the latter also being the more probable, since it is confessed on all hands, that the debate then was concerning a war with Scotland: and you may remember that, at the bar, he once said to employ there.' And thus, Mr. Speaker, I have faithfully given you an account, what it is that hath blunted the edge of the hatchet, or bill, with me, towards my lord Strafford.This was that whereupon I accused him with a free heart, prosecuted him with earnestness; and, had it to my understanding been proved, should have condemned him with innocence; whereas, now, I cannot satisfy my conscience to do it. I profess, I can have no notion of any body's intent to subvert the laws, treasonably, but by force; and this design of force not appearing, all his other wicked practices cannot amount so high with me.-I can find a more easy and more natural spring, from whence to derive all his other crimes, than from an intent to bring in tyranny, and to make his own posterity, as well as us, slaves; as, from revenge, from pride, from avarice, from passion, and insolence of nature. But had this of the Irish Army been proved, it would have diffused a complexion of treason over all; it would have been a withe indeed to bind all those other scattered and lesser branches, as it were, into a faggot of treason.-I do not say but the rest may represent him a man as worthy to die, and perhaps worthier, than many a traitor. I do not say but they may justly direct us to enact, that they shall be treason for the future. But God keep me from giving judgment of death on any man, and of ruin to his innocent posterity, upon a law made a posteriori. Let the mark be set on the door where the plague is, and then let him that will enter die. I know, Mr. Speaker, there is in parliament a double power of life and death, by bill, a judicial power, and a legislative: the measure of the one is, what is legally just; of the other, what is prudentially and politickly fit for the good and preservation of the whole: but these two, under favour, are not to be confounded in judgment. We must not piece up want of legality with matter of convenience; nor the defailance of prudential fitness, with a pretence of legal justice.-To condemn my lord of Strafford, judicially, as for Treason, my conscience is not assured that the matter will bear it. And to do it by the legislative power, my reason, consultively, cannot agree to that; since I am persuaded neither the lords nor the king will pass this bill; and, consequently, that our passing it will be a cause of great divisions and combustions in the state.-Therefore my humble advice is, That, laying aside this bill of Attainder, we may think of another, saving only life, such as may secure the state from my lord of Strafford, without endangering it as much by division concerning his punishment, as he hath endangered it by his practices. If this may not be hearkened unto, let me conclude in saying that to you all, which I have thoroughly inculcated in mine own conscience upon this occasion, Let every man lay his hand upon his own heart, and seriously consider what we are going to do with a breath, either justice or murder; justice on the one side, or murder heightened and aggravated to its supremest extent on the other: for, as the casuists say, He who lies with his sister commits incest; but he that marries his sister sins higher, by applying God's ordinance to his crime; so, doubtless, he that commits murder with the sword of justice, heightens that crime to the utmost. The danger being so great, and the case so doubtful, that I see the best law yers in diametrical opposition concerning it, let every man wipe his heart, as he does his eyes, when he would judge of a nice and subtil object. The eye, if it be prætincted with any colour, is vitiated in its discerning. Let us take heed of a blood-shotten eye in judgment. Let every man purge his heart clear of all passions. I know this great and wise body politic can have none; but I speak to individuals, from the weakness which I find in myself. Away with personal animosities; away with all flatteries to the people, in being the sharper against him, because he is odious to them; away with all fears of lest by the sparing his blood they may be incensed; away with all such considerations, as that it is not fit for a parliament, that one accused by it of Treason should escape with life. Let not former vehemence of any against him, nor fear from thence that he cannot be safe while that man lives, be an ingredient in the sentence of any one of Bs. Of all these corruptives of judgment, Mr. VOL. II.. Speaker, I do, before God, discharge myself, to the utmost of my power; and do, with a clear conscience, wash my hands of this man's blood, by this solemn protestation, that my vote goes not to the taking of the earl of Straffard's life.' The question being then put for passing the bill against the earl, it was carried in the affirmative, 204 against 59. Mr. Pym was ordered to carry this bill up to the lords, and to express to them, That it was a bill that highly concerned the commonwealth in the expediting of it.' The foregoing speech of lord Digby gave such offence to the house, that a motion was made, "That the lord Digby explain himself for something he said here this afternoon, at the passing of the bill of Attainder of Thomas earl of Strafford, to-morrow morning." The next day the lord Digby did explain himself; but nothing farther was done in the business at that time; though, not long after, when this speech was printed, a heavy censure fell upon it. April 28. Mr. Hyde was sent up to the lords, To acquaint their lordships that this house had received such information, as hath caused them to fear that the earl of Strafford may have a design to escape; that he has ships at sea at command; and that the guard about him is weak: therefore to desire their lordships he may be close confined, and his guard strengthened.' Mr. Hyde brought for Answer, That their lordships had before given directions to the lieutenant of the Tower, that he should be a close prisoner, and to take care for a strong guard; but that they would repeat their directions about it.' April 29. This day was wholly taken up with hearing the point of law discussed, in Westminster-hall, relating to the earl of Strafford. And, on the next, the commons ordered That the solicitor should bring in a perfect Copy of his argument used on that occasion; and likewise that Mr. Pym give in copies of his speeches, made by him in Westminster-hall, both at the beginning and the latter end of the trial of the earl of Strafford. The King's Speech in favour of the E. of Strafford.] May 1. The King came to the house of peers; and, being seated on the throne, he commanded the house of commons to be sent for, and then spoke to both houses as follows: "My lords and gentlemen; I had not any intention to speak of this business, which causes me to come here to-day, which is the Impeachment of the earl of Strafford, because I would do nothing that might hinder your occasions; but now as it comes to pass, that, of necessity, I must have part in that Judgment, I think it most necessary for me to declare my conscience therein. I am sure you all know that I have been present at the hearing of this great business, from one end to the other; that which I have to declare unto you is shortly this, that, in my conscience, I cannot cundemn 3 C upon them for Justice against the earl of Strafford and others; complaining, that they were undone through the want of due execution thereof; and that trading was so decayed thereby, that they could scarce get bread to maintain their families." The lords, adds our author, "generally gave them good words; amongst whom, the lord high steward,* upon whom they called with greatest clamour, went out of his coach, some other of the lords being with him, and, with his hat in his hand, prayed them to be quiet, and what lay in his power should be done; and he would likewise move his majesty, that justice might be executed according to their requests: and accordingly, the lord high steward, and some other lords, went to the king, (who purposed to be at the house that morning, his barge waiting at the privystairs for that end, but, by reason of the tumult, did not come) and acquainted him with the citizens complaints and desires, moving his majesty therein: and, upon their return, certified the citizens, that his majesty had promised they should have speedy execution of justice to their desires." him of High Treason.-It is not fit for me to lords and parliament-men came by, made a argue the business: I am sure you will not ex-lane for them to pass with their coaches, calling pect it a positive doctrine best becomes the mouth of a prince. Yet I must tell you three great truths, which I am sure nobody can know so well as myself: 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 public council, nor at private committee, of the disloyalty and disaffection of my English subjects; nor ever had I any suspicion of them. 3. I was never counselled 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 nobody durst ever be so impudent as to move it to me; for if they had, I should have put such 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 law, and not 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 chalk out the way, yet let me tell you, that I do think my lord Strafford is not fit, hereafter, either to serve me or the commonwealth in any place of trust; no not so much as that of a constable: therefore I leave it to you, my lords, to find some such way as to bring me out of this great strait, and keep yourselves and the kingdom from such inconveniences. Certainly he that, in his conscience, thinks him guilty of high Treason, may condemn him of Misdemeanor." Great Tumults about Westminster Hall.] May 3. Both houses being adjourned to this day, on account of Sunday intervening, we are told by a Collector of these Times, "That, very early in the morning, there met, about Westminster-Hall, a great number of citizens, 5000, or thereabouts, being, for the most part, men of good fashion; who, as the * Whitlocke calls them a rabble of about 6000 out of the city, who came thronging down to Westminster, armed with swords, cudgels, and staves; and imputes this tumult to the pulpits, from some of which had been preached to the people, the day before, the necessity of justice upon some great delinquents now to be acted." Memorials, p. 34. Names of the Commoners who voted against the Earl of Straford's Attainder posted up.] Dr. Nalson informs us, 66 That when the earl of Holland came out to take coach, they redoubled their cry; and, coming up to the earl of Bristol's coach, some of them told him, For you, my lord of Bristol, we know you are an apostate from the cause of Christ, and our mortal enemy; we do not therefore crave justice from you, but shall shortly crave justice upon you, and your false son the lord Digby." They also posted up the names of all those members who had voted for the earl, under the following title: "These are the STRAFFORDIANS, Betrayers of their Country. The Lord Digby Sir Patricius Curwen * The earl of Arundel, who was so appointed during the sickness of the lord keeper Littleton. Clarendon. Mr. Whitlocke tells us, "That this was complained of by some who were named in the List, as a high breach of the privilege of parliament; yet, being the act of a multitude, no redress was endeavoured."-Lord Clarendon says, "That these unheard-of acts of insolence and sedition continued so many days, till many lords grew so really apprehensive of having their brains beaten out, that they absented themselves from the house; and others, finding what seconds the house of commons was like to have to compass whatever they desired, changed their minds; and so, in an afternoon, when, of fourscore who had been present at the trial, there were only 46 lords in the house (the good people still crying at the door for Justice) they put the bill to the question, and, 11 lords only dissenting, it passed that house." The Commons resent the King's Speech in fuvour of the Earl.] The next thing we find remarkable, in the commons, is a Report of the King's last speech, given by the Speaker, at the command of the house; at which, Rushworth says, they seemed to be much troubled and discontented; and it was ordered, That Mr. Selden, Mr. Whitlocke, and Mr. Glynn, should immediately retire into the committecchamber, to insert a clause in the Subsidy bill, That neither the passing of that bill, nor any other, should determine this Session of Parliament. Lord Clarendon adds, "That the commons, in great passion and fury, declared this last act of his majesty to be the most unparalleled breach of privilege that had ever happened: that if his maj. might take notice what bills were passing in either house, and declare his own opinion, it was to forejudge their counsels, and they should not be able to supply the commonwealth with wholesome laws, suitable to the discases it laboured under: that this was the greatest obstruction of justice that could be imagined: that they were bound to maintain the privileges of parliament; which were now too grossly invaded and violated with many sharp discourses to that purpose." : May 7. The lord chief justice of the King's Bench delivered in to the lords, the unanimous Opinion of all the Judges present: "That they are of opinion, upon all which their lord ships have voted to be proved, that the earl of Nalson and Whitlocke say, "There were 19 for the earl, and 26 against him; which agrees with the Lords Journals. The noble historian is very inaccurate in regard to the dates of parliamentary proceedings. Strafford doth deserve to undergo the pains and forfeitures of High Treason by law." Bill of Attainder passed.] This day the Bill of Attainder passed the fords, without any amendment or alteration. Immediately upon this, a conference was desired by the commous; the substance whereof was, "That in regard the peace of the kingdom doth much consist in the dispatching of the bill of Attainder of Thomas earl of Strafford, to desire their lordships to move his majesty, as speedily as may be, to give his concurrence." Mr. Pym brought word back to the house, "That the lords would join with them to attend his majesty, according to his appointment, at 4 this afterBut the Answer the king then gave to both noon, in the Banqueting-house, Whitehall." houses, was, "That he would be at the house of lords on Monday morning, at 10 o'clock, in order to give his assent to the two bills." The King greatly perplexed as to giving his Assent thereto.] The king being much perplexed between the clamours of a discontented people and an unsatisfied conscience, Rushworth tells us, "That the day before, being Sunday, his majesty called his privy council at Whitehall, and proposed several scruples unto them, concerning this bill of Attainder. Some of the judges and bishops were present also, to whom his majesty imparted his doubts and had their opinions therein. The arguments, pro and con, upon this very remarkable occasion, collected from the several Cotemporary Writs, may, perhaps, be no disagreeable digression: the earl of Pembroke, lord chamber fain, told him, That should he deny this, it would be construed, that he loved his enemies, and hated his friends; and that if he did not speak comfortably to the people, they would desert him; which would be worse than all the evils that had befallen him in his life.' The bp. of London (Dr. Juxson) resolutely told him, That if he were not satisfied in his conscience, he ought not to do it whatsoever happened.' But the bishop of Lincoln (Dr. John Williams) endeavoured to persuade the king, That there was a private and a public conscience; that his public conscience as a king, might not only dispence with, but oblige him to do that which was against his private conscience as a man; and that the question was not, Whether he should save the earl of Strafford; but, Whether he should perish with him? That the conscience of a king to preserve his kingdom, the conscience of a husband to preserve his wife, the conscience of a father to preserve his children (all which were now in danger) weighed down abundantly all the considerations the conscience of a master, or a friend, could suggest to him for the preservation of a friend or servant.' The king complained of the judges, that, by their dubious answers, they only abused him, not eased him of his scruples.-Nalson, Vol. II. p. 192. + Clarendon, Vol. I. p. 205.-Whitlocke Memorials, p. 44. And by such unprelatical, ignominious argu- | seal, the lord great chamberlain, and the lord ments (says lord Clarendon) he, in plain terms, steward, or any two of them, for giving the advised him, even for conscience sake, to pass royal assent to two bills; the one entitled, * An that act.' He adds, Though this bishop acted Act of Attainder of Thomas earl of Strafford, his part with more prodigious boldness and im- of High Treason;' the other, An Act to prepiety; others of the same function (for whose vent Inconveniences which may happen by the learning and sincerity the king and the world untimely adjourning, proroguing, or dissolving had greater reverence) did not what might of this present Parliament:' but before this have been expected from their calling or their commission was read, the lord privy seal detrust. Mr. Whitlocke adds, That the chief clared to both houses, "That it was his maj.'s motive was a Letter which the carl of Straf- intent to have come himself, as this day, to ford sent to the king wherein we find the give his assent, in person, to the two bills; but following remarkable passage, viz. "With much some important occasions had prevented him, sadness, I am come to a resolution of that and so he had sent a commission for that pur which I take to be best becoming me, to look pose." upon that which is most principal in itself; which, doubtless, is the prosperity of your sacred person and the commonwealth, infinitely before any private man's interest: and therefore, in few words, as I did put myself wholly upon the honour and justice of my peers so clearly, as to beseech your maj. might please to have spared that declaration of yours on Saturday last, and entirely to have left me to their lordships; so now, to set your majesty's conscience at liberty, I do most humbly beseech your majesty, in prevention of mistakes 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 out 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 do besides. To a willing man there is no injury done." In fine, the king gave orders for a commission to impower the earl of Arundel, the lord privy seal, and other lords, to give the royal assent to the bill for the Execution of the earl of Strafford; as also to another bill, for the Continuance of the present parliament;' on which Mr. Whitlocke observes, "Great censures were past upon the king's passing these bills, the one being against his most faithful servant, and the other against himself; and that he should ever be brought to it, was admired by most of his subjects, as well as foreigners." He adds, "That when the earl read the news of the king's having passed the bill, (as not believing he would have done it) he rose up from his chair, lift up his eyes to heaven, laid his hand on his heart, and said, Put not your trust in princes, nor in the sons of men, for in them there is no salvation.' May 10. In consequence of this commissión, a message was sent from the lords to the commons, by the gentleman usher of the black rod, signifying, "That his majesty's assent to the bill of Attainder was then to be given, and that the king did expect the Speaker and the house of commons to come up." After the commons were come, a commission was read, under the great scal, directed to the lord privy This Letter at large, is in Rushworth, &c. The King's Letter to the Lords for respiting the Execution of the earl of Strafford.] May 11. The King sent a Letter, written with his own hand, to the house of lords, by his highness the prince; which was delivered to the lord keeper, and read in hæc verba : "My lords; I did yesterday satisfy the justice of the kingdom, by passing the bill of Attainder against the earl of Strafford: but mercy being as inherent in, and inseparable from a king as justice, 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 that, if ever he make the least offer to escape, or offer directly, or indirectly to meddle in any sort of public business, espe cially 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 the 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; likewise as suring 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 it will make me more chearful, in granting your just Grievances: but, if no less than his life can satisfy my people, I must say, "fiat justitie. Thus, again, recommending the consideration of my intentions to you, I rest Your unalterable and affectionate Friend, Whitehall the 11th CHARLES R. of May, 1641. "P. S. If he must die, it were charity to reprieve him till Saturday." This letter having been read a second time, after serious consideration, the house resolved, "Presently to send 14 of the peers, messengeis to the king, humbly to signify, that neither of the two intentions expressed in the letter, could, with duty in them, or without danger to himself, to his dearest consort the queen, and |