'Deus est.' And although the outward action might seem not to be altogether without some rashness, yet there was some matter in it of mo

maintain. This thesis I will stand to, that whatsoever the king in his conscience thinketh he may require, we ought to yield.

L. C. J. Do you not think that the king may govern his people by the common laws? Mr. Harrison. Yes, and by something else too.

L. C. J. Then we must observe, that the denying of Ship-Money is against the king's Supremacy. Mr. Harrison. As a loyal subject, I did la-ment, and which every loyal subject ought to bour the defence of his majesty; and in the point of sedition, I find there is treason cominitted in that. For the people of the country where I live, do now refuse to pay the ShipMoney, upon Justice Hutton's Charge in that circuit. Our duties are to tell the people their duties. We find that the king may do it. The reason why I did so publicly charge the Judge, Judge Bartlett. What do you think of this was, because there are such delays and such then, if the king shall be persuaded in his conwindings in the proceedings of all courts, and | science, that he must present another man to matters carried by favour and affection, that I your living; would you not maintain your right thought a private insinuation would do little by law? good, and besides the offence being openly committed, I conceived it not amiss to make a public and open accusation.

Mr. Harrison. No, with all my heart I would submit unto his majesty.

L. C. J. But you mistake my brother Bart. lett's question; he meaneth thus, that if the king should be persuaded that he had right and title to your parsonage, and did desire that the title should be tried, whether in this case would you stand to a trial?

Mr. Harrison. I will answer your lordship. There is a difference between a demand that concerns some petty right, or the title of this or that particular matter, and a demand, which' concerns the great royalty of the king; you unking him, if you deny his royalty.

Mr. Attorney. This Defence is a very im pudent justification, which you may be ques toned for in another place: as they are bold and audacious assertions, so they proceed from a distempered brain. For the matter of ShipMoney, or whatever else concerneth his majes ty's royal prerogative, we, that are the king's counsel, have and will upon all occasions be ready to speak and do as becomes the duty of our places, and we shall not crave the aid of Mr. Harrison. I must let your lordships know that he protests a detestation of the fact, and willeth that your lordships give a severe Cen

Mr. Harrison, I am not ignorant that somebody in this place is not a favourer, but rather a disfavourer, of my opinion, and that in the person of a Judge. As for Mr. Justice Hutton, though he be a man in great account, yet all his actions have not been approvable. Concerning the Judges arguing in the matter of Ship-Money, it was the king's gracious clemency, to have his power manifested by strength of arguments, and to that end was pleased to permit counsel on the adverse party, who urge arguments against it, and that the Judges shall be moderators. And the analogy holds very aptly, between this kind of arguing, and the public disputations upon points of divinity in the schools, where we have a moderator, whose office is, if the opponent urge any argument weakly, to urge it home, yet in the end he must determine for the truth. So here the Judges being moderators may urge arguments against the king, but yet in the end to conclude for the king's prerogative. And as neither king nor God will suffer any divine to Whereupon the Lord Chief Justice asked conclude in heresy, so neither doth his majesty him what he could say for himself that judg give his Judges leave to conclude in Sedition, ment should not pass against him. He annor have the Judges power to make or pro-swered, If I have offended his majesty in this, nounce laws against the king's prerogative, but I do submit to his majesty and crave his par are our moderators in the case of arguing. don. Judge Bartlett. As we are moderators of cases, so we are moderators of persons too, and therefore will moderate your lavish liberty of speech. You have slandered one Judge already, and in all our apprehensions you have flown in the face of two more.

Mr. Harrison. If I had not had leave to speak, I had been silent: nor do I think, I have committed any offence against justice or For I say still we are not to question the king's actions; they are, only between God and his own conscience, Sufficit regi, quod

reason.

sure.

Verdict. Then the Jury without going from the bar presently found him Guilty.

L. C. J. Your if will be very ill taken by his majesty, nor can this be taken for a submission.

Mr. Harrison. That I spake the words, I confess, but whether well or not, let every loyal subject judge.

Mr. Attorney. My lords, this concerns Mr. Justice Hutton no more than your lordships. Therefore I crave judgment and such a censure as may become the heinousness of the offence. No damages, but a large fine.

THE CENSURE. 1. Fine 5,000l. 2. Imprisonment during the king's pleasure. 3. To * He must mean Judge Croke. See his Ar-Submit vivá voce in the Exchequer-Chamber. gument about Ship-Money ante, p. 1127. 4. To be carried from thence to all the courts

Declaration itself is upon record. The Witnesses to prove the words were Mr. Williain Smithson, Mr. Clove and Mr. Turner, all Clerks of the Common-Pleas. To the Declaration the Defendant Thomas Harrison pleaded Not Guilty. Whereupon issue was joined, Term. Mich. 14 Car. R. And a Jury of Middiesex consisting of knights and esquires, at the King's-Bench bar found for the Plaintiff Mr. Justice Hatton, and assessed damages to 10,000l. and the Defendant Harrison brought a writ of error.

in Westminster with a Paper upon his head | containing his offence. 5. And to be left open to Mr. Justice Hutton to take his remedy against him by his action.

And, in pursuance of the leave given to Justice Hutton in the 5th Article, he did in Trin. 14 Car. R. 1658, bring a special action of the case in the Common Pleas against Mr. Harrison; sir Robert Heath one of the king's serjeants, and Mr. Lance the prince's Attorney, being of counsel for the Plaintiff. Mr. Bear and Mr. Maynard for the Defendant. The

150. The Trial* of THOMAS Earl of STRAFFORD,† Lord Lieutenant of Ireland, for High Treason: 16 CHARLES I. A. D. 1640.

November 11, 1610.

THIS day a Message from the Commons to the Lords was delivered by Mr. Pym, to this effect:

"My Lords; The knights, citizens, and burgesses, now assembled for the Commons in par

liament, have received information of divers traitorous designs and practices of a great peer of this house; and, by virtue of a command from them, I do here, in the name of the Commons now assembled in parliament, and in the name of all the Commons of England, accuse Thomas earl of Strafford, Lord Lieutenant of wards interleaved in the original Journal by an order of the house, 15th Feb. 1768, and has since appeared in the printed editions of that work." 2 Cobb Parl. Hist. 733.

+1 Clar. Hist. 118, 152, &c. 1 May's Hist. of the Parliament, b. 1, c. 3. See the larger Trial, which being an entire volume in Rushworth's Collection, is purposely omitted, and this inserted in the stead thercof.

*" Au erasure was made in the Lords Journals, by order of that house, after the Restoration of Charles 2, of all the Proceedings against the Earl of Strafford this time. This extraordinary act was taken into consideration in a succeeding reign, and another order was made by the lords relating to it. This order is entered in the Journals just where the first erasure begins, and is in these words :--" Die Martis Julii 5to. 1698. The earl of Rochester reported ↑ Whitlock, whom Hume follows and quotes, from the lords committees, appointed to inspect says: "The time of the parliament's meeting the Journals of this house, in the year 1610 and drawing near, it was considered at York, whe 1641, relating to vacating or obliterating divers ther the Earl of Strafford should repair to the proceedings therein, pursuant to the act for re- house, or continue in the North with the army. versing the earl of Strafford's attainder, as fol- The king was earnest for his going up to the lows, viz. Upon perusal of the Journal of this parliament, as one, of whose service he should house, in relation to the proceedings upon the have great occasion, and placed much confiImpeachment from the house of commons, it dence in his faithfulness and abilities. The appears plainly, that, by the former orders made Earl Lumbly desired the king, to excuse his by this house, relating to the cancelling and ob- going to the parliament, alledging, That he literating the proceedings of the earl of Straf- should not be able to do his majesty any serford, according to the act of parliament made vice there; but should rather be a means to for reversing of the said carl's attainder, it could hinder his affairs; in regd he foresaw that not be intended that any other proceedings | the great envy, and ill-will of the parliament, should be obliterated than those relating espe- and of the Scots, would be bent against him; cially to the said act of attainder; it is there- whereas, if he kept out of sight, he would not fore ordered and declared, by the lords spiri-be so much in their mind as he should be, by tual and temporal in parliament assembled, That whatsoever stands crossed upon the Jour

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shewing himself in parliament; and if they should fall upon him, he being at a distance,

nals relating to the proceedings on the Impeach-whatsoever they should conclude against him,

ment of the said earl, ought not, or shall be he might the better avoid, and retire from any looked on as obliterated; and that the several danger, having the liberty of being out of their orders for obliterating and vacating any pro- hands, and to go over to Ireland, or to some ceedings concerning the earl of Strafford must other place, where he might be most service be taken to be intended only to the act of at- able to his majesty, but if he should put himtainder."-Which report being agreed to by the self into their power, by coming up to the parhouse, it was ordered, "That there be a note, liament, it was evident that the house of comor memorandum, of the aforesaid Order in the mons, and the Scots, with all their party, espemargin of the Journals, where any such pro-cially being provoked by his coming amongst ceedings have been obliterated."-But an au- them, would presently fall upon him, and prothentic сору of all the proceedings was after-cure his destruction.' The king, notwith

Ireland, of High Treason. And they have commanded me further to desire your lordships, that he may be sequestered from Parliament, and forthwith committed to prison. They have further commanded me to let your lordships know, that they will, within a few days, resort to your lordships, with the particular Articles and Grounds of his Accusation; and they do further desire that your lordships will think upon Come convenient and fit way, that the passage between Ireland and England, for-his majesty's subjects of both kingdoms, may be free, notwithstanding any restraint to the contrary."

After this, the Commons withdrew; and the Lord Keeper reported the effect of it to the house. And, after their lordships had considered of the Message, they resolved to give this Auswer for the present, by the Lord Keeper:

viz.

"That the lords do let them know, that they have been made acquainted with the Charge of High Treason, which the Commons have made

against the Earl of Strafford; and their lordships do not doubt but that the Commons did take great consideration in it before they came hither; and their lordships will take it into their consideration, and will send them a further Answer, by messengers of their own."

Whereupon the Commons went to their own house; and the earl of Strafford, coming into the house, was commanded to withdraw. Then their lordships, falling into a serious debate of the Message, concluded, and ordered, "That the Earl of Strafford, for this Accusation of High Treason by the Commons, shall be presently committed to the safe custody of the Gentleman Usher of this house; and to be sequestered from coming to this house of parliament, until he hath cleared himself of this Accusation.”

The Earl of Strafford being called to the bar as a delinquent, kneeling, the Lord Keeper, by direction of the house, signified to him as followeth :

'be made: so Mr. Pym and his back were removed. The lords began to consult on that strange and unpremeditated motion. The word goes in haste to the lord lieutenant, where he was with the king: with speed he comes to the house of peers, and calls rudely at the door. James Maxwell, keeper of the black rod, opens. His lordship, with a proud

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standing these reasons, continued very earnest for Stratford's coming up to the parliament; for which he laid his commands upon him: and told him, That as he was king of England, he was able to secure him from any danger; and that the parliament should not touch one hair of his head' The Earl thanked his majesty, but replied, That if there should fall out a ditference between his majesty and his parlia-glooming countenance, makes towards his ❝ment, concerning him, that it would be a great ♦ disturbance to his majesty's affairs; and that he had rather suffer himself, than that the king's affairs should in any measure suffer, by reason of his particular.? The king remained unalterable in his resolution concerning Strafford's coming up to the parliament, saying, That he could not want his advice in the great transactions, which were like to be in this parliament,' and in obedience to his commands, the Earl came up to London." Memorials, p. 36, fol. ed. 1682. See also 2 Strafford's Letters, 416. It is impossible to consider this, and the subsequent conduct of king Charles towards Strafford, without perceiving that either the head or heart of the king was very much in fault in these transactions. Mr. Seward, from Baillie's Journal, has introduced into his " Anecdotes," the following interesting account of the commencement of this Impeachment against Strafford:

All things go here as we could wish. The lieutenant of Ireland, lord Strafford, came but on Monday to town, late; on Tuesday rested : and on Wednesday came to parliament; but ere night he was caged. Intolerable pride and oppression call to heaven for vengeance. The lower house closed their doors; the Speaker kept the keys till his accusation was concluded Thereafter Mr. Pym went up with a number at his back to the higher house, and, in a pretty short speech, did, in the name of "the commons of all England accuse Thomas lord Strafford of High Treason, and required ⚫ his person to be arrested till probation might

place at the board head, but at once many bid him void the house. So he is forced in confusion to go to the door till he is called. After consultation he stands, but is told to kneel, and on his knees, to hear the sentence. Being on his knees, he is delivered to the black rod to be prisoner, till he is cleared of the crimes he is charged with. He offered to speak, but was commanded to be gone without a word. In the outer room, James Maxwell required of him, as prisoner, to deliver him his sword. When he had got it, with a 'loud voice he told his man to carry the lord lieutenant's sword. This done, he makes through a number of people towards his coach, all gazing, no man capping to him, before whom that morning the greatest in England would have stood discovered; all crying, What is the matter? He said, A small matter, I warrant you. They replied, Yes indeed, high treason is a small matter! Coming to the place where he expected his coach, it was not there; so be behoved to return the sane way through a world of gazing people. When at last he had found his coach, and was 6 entering it, James Maxwell told him, my lord, you are my prisoner, and must go in my coach; so he behoved to do. For some days too many went to see him; but since, the parliament has commanded his keepers to be straiter. Poursuivants are dispatched to Ireland, to open all ports, and to proclaira, that all who had grievances might come over.' Baillie gives a not incurious or uninteresting accoun of this Trial.

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"My lord of Strafford; The House of Commons, in their name, and in the name of the whole Commons of the kingdom of England, have this day accused your lordship, to the lords spiritual and temporal in this high court of parliament assembled, of High Treason. The Articles they will within few days produce. In the mean time, they have desired of my lords, and the lords have accordingly resolved, That your lordship shall be committed to safe custody to the gentleman usher, and sequestered from this house, until your lordship have cleared yourself of the Accusation that shall be laid against you."

After this, he offering to speak, was not permitted, but immediately sent away. And so the earl of Strafford went out of the house to the gentleman usher. Afterwards, the lords thought it fit to send a Message to the Commons, to let them know how far they had proceeded for the present; and their lordships did agree, that the two Lords Chief Justices should deliver a Message to the Commons, to this effect: "That the lords of the high court of parliament have taken into consideration the Charge of High Treason, which the Commons have made against the earl of Strafford; and do let them know that their lordships have committed him to safe custody; and have sequestered him from coming to the house; and do desire that the Articles and Accusation against him may be brought in speedily; and further to let them know, that their lordships will take it into consideration how to free and open the passage between Ireland and England, notwithstanding any restraint; and to that purpose will move his majesty in it."

force of arms to compel his loyal subjects to submit thereunto.

II. That he hath traitorously assumed to himself regal power over the lives, liberties, persous, lands, and goods of his majesty's subjects in England and Ireland; and hath exercised the same tyrannically, to the subversion and undoing of many, both of peers, and others of his majesty's liege people.

III. That the better to enrich and enable himself to go through with his traitorous designs, he hath detained a great part of his majesty's revenue, without giving legal account; and hath takes great sums out of the Exchequer, converting them to his own use, when his majesty wanted money, for his own urgent occasions, and his army had been a long time unpaid.

IV. That he hath traitorously abused the power and authority of his government, to the increasing, countenancing, and encouraging of papists; that so he might settle a mutual dependence and confidence betwixt himself and that party, and, by their help, prosecute and accomplish his malicious and tyrannical designs.

v. That he hath maliciously endeavoured to stir up enmity and hostility between his majes ty's subjects of England and those of Scotland.

VI. That he hath traitorously broke the great trust reposed in him by his majesty, of lieute nant general of his army, by wilful betraying divers of his majesty's subjects to death, his army to a dishonourable defeat by the Scots at Newborne, and the town of Newcastle into their hands; to the end, that by the effusion of blood, by dishonour, and so great a loss as that of Newcastle, his majesty's realm of England might be engaged in a national and irreconcileable quarrel with the Scots.

November 25. A Conference took place between both Houses; and the Lord Keeper reported the effect of it; viz. "That the House VII. That to preserve himself from being of Commons have delivered their Articles of questioned for those, and other his traitorous High Treason against the Earl of Strafford, con- courses, he laboured to subvert the right of parsisting of divers Charges; and that the Com-liaments, and the antient course of parliamentmons desired, 1. That the Earl may be called to answer the said Articles. 2. That they may be made acquainted with the Earl's Answer. S. That they may be made acquainted with the Depositions. 4. They required further, they might add to their Accusation, as occasion should serve. After this, the Articles were read publicly, in hæc teba:

ary proceedings; and, by false and malicious slanders, to incense his majesty against parliaments. By which words, counsels, and actions, he hath traitorously, and contrary to his allegiance, laboured to alienate the hearts of the king's liege people from his majesty, to set a division between them, and to ruin and destroy his majesty's kingdoms: for which they impeach him of High Treason against our soveARTICLES of the Commons assembled in Par-reign lord the king, his crown and dignity. liament against THOMAS Earl of STRAFFORD, VIII. And he the said earl of Strafford was in maintenance of the ACCUSATION, where-lord deputy of Ireland, and lieutenant general by he stands charged of High Treason.

1. That he the said Thomas Earl of Strafford hath traitorously endeavoured to subvert the fundamental laws and government of the realms of England and Ireland, and, instead thereof, to introduce an arbitrary and tyrannical government against law; which he hath declared by traitorous words, counsels, and actions; and by giving his majesty advice, by

See Luders's "Considerations on the law of High Treason in the case of levying war," 83.

of the army of his most excellent majesty, for his kingdoms both of England and Ireland, and the lord president of the north, during the time that all and every the crimes and offences before set forth were done and committed; and he the said earl was lieutenant general of all his majesty's army in the north parts of England, during the time that the crimes and offences in the fifth and sixth articles set forth were done and committed.

IX. That the said Commons, by protestations saving to themselves the liberty of exhibiting at

any time hereafter any other Accusation or Impeachment against the said Earl; and also of replying to the Answers that he the said Earl shall make unto the said Articles, or to any of them, and of offering proofs; also of the pre-mission and Instructions; and did direct and mises or any of them; or any other Impeachment or Accusation that shall be exhibited by them, as the cause shall, according to the course of parliament, require: do pray that the said earl may be put to answer for all and every of | the premises, that such proceedings, examinations, trials, and judgments may be upon every of them had and used, as is agreeable to law and justice.