1409] STATE TRIALS, 16 CHARLES I. 1640.-for High Treason. to bring all to fair accommodations without expence of blood. To the Twenty-first, he saith, The Pacification was broken before he came over, as in the Answer to the former Article: he moved his majesty for a parliament in England, but not with such intent as in the Article, but out of a desire to have settled a right understanding between the king and his people. It may be said, (though he remembereth it not) That if the parliament would not supply his majesty, he would serve his majesty in any other lawful way; being well assured that his majesty would not employ him, nor any man else, in any other kind. To the Twenty-second, he saith, According to his majesty's Instructions, he did set forth to the Parliament of Ireland the State of the Affairs, as they then stood; and they freely gave four Subsidies, as an acknowledgment of his goodness and happy government, as by the act and remonstrance appears in print. He by his majesty's direction, then gave order for the raising of 8,000 men, who still remain in the king's pay, and were sent into Ulster to secure those parts, or to land in Scotland, to divert the earl of Argyle, in case he joined with the Covenanters army against the king. But it was mentioned in the king's Letter, 2 Martii 1639, he had purposely given out, That they should join with the king's army at Berwiek, to colour other designs: But the true cause of their levying was made known to be as aforesaid unto the earl of Ormond, sir John Burlace, and the marquis of Hamilton, and the earl of Northumberland, at the time of the writing And he denies the Words charged the Letter. in the Articles, or any other words to such intent and purpose. To the Twenty-third, he saith, The matters of the Parliament were no otherwise referred to him than to the rest of the Council: That coming sick from Ireland about ten days after the Parliament were set, and after the Treaty with the earl of Dunfermline and lord Lowden, Scotch Commissioners, was broken off, and the army preparing, and the parliament not supplying monies as his majesty desired, his majesty advised what might move them to prefer his supply. In debate whereof, he humbly advised his majesty, by a Message to the house, to lay down Ship-money and promise never to demand it, and give way to reverse the Judgment by a Writ of Error in parliament, and to promise a Redress of Grievances when they should be prepared. And secondly, That they would presently agree upon such Supply as should maintain his Army for reducing the Scots to their obedience, wherein their safety and his honour was concerned. jesty assented conditionally, that he might have twelve subsidies: The Earl besought him that it might not pass as a condition, but to relinquish Ship-Money, and put himself upon their affections; and drew up the Message in writing, and delivered it to Mr. Secretary Vane, to deliver to the House of Commons. He desired VOL. IIL His ma [1410 to know if his majesty would not take less than 4 x | ently bemoan himself to have been in all his words so ill understood, or so untruly reported as he hath been. lordships consideration thereof. He denies the Words in the Article, or any words to the insent thereby expressed. To the Twenty-seventh, he saith, He per To the Twenty-fourth, he saith, He delivered his opinion with such cautions and restric-suaded the gentry of that county to allow the tions, as in the Answer to the precedent Article; and is well assured his discourse at all times hath been without ill intentions to either of the houses of parliament, which he ever did and shall speak of with all reverence. He denies that he knew of the publishing or printing of the Book, or who caused it to be printed or published; for at that time he was sick in his bed, more like to die than to live. To the Twenty-fifth, he saith, Ship-Money was levied, and adjudged to be due, before his coming over. Sheriffs were then called up as before, and not otherwise. If any were sued in Star Chamber, it was without any particular endeavour of his. It appearing at the Board that the mayor and sheriffs of London had been slow in collecting Ship-Money, he saith, They were but ministerial, and ought to exact, and not dispute the king's writs; and that if through their remissness the king should be less able to provide for the public safety, when any foreign army was ready to enter the kingdom, they might deserve to be fined and ransomed: which he spake more to hasten them, than of purpose to advise any such prosecution. But denies the other Words, being, under favour, such expressions as he is not accustomed unto. Trained-Bands a month's pay; which they yielded, and his majesty graciously accepted. It was by Council of War, his majesty being present, thought fit the Trained-Bands should return, save the two regiments under the command of sir William Pennyman and sir Thomas Danby. It was assented unto by his majesty, and the great council of peers then assembled, That those spared should contribute; and the said Earl was commanded by them to see it done. Which was done accordingly by Warrants from him, and from his Deputy-Lieutenants, which was much less charge to the counties than otherwise. And denies the other particular in the Article mentioned. To the Twenty-eighth, he saith, He was lieutenant general to the earl of Northumberland, about the 24th of August, of 10 or 12,000 foot, and 2,000 horse, being at Newcastle, under the command of the lord Conway and sir Jacob Astley, and the rest of the army at York. The said Earl went from London on the 26th of August, notwithstanding his extreme weakness, and came to York. And having received a Letter from sir Jacob Astley that Newcastle was fortified, and that they must be infamous beasts to lose it, and that it was fully secured; and being acquainted with several Dispatches sent by Mr. Secretary Vane, by his majesty's directions, to the lord Con sage of the Scots over the river Tyne, the one dated 22 Aug., the other 23 Aug., another 24 Aug., another 26 Aug., the substance of which Letters are particularly mentioned in the Answer to this Article: and to the same Letters the said Earl referreth himself. To the Twenty-sixth, he saith, He advised not either of those Projects, being then sick in bed: But it being debated at the Council-way, general of the horse, to oppose the pas Table whether it were better for the king to raise Gold and Silver, or coin base Money, he, for the reasons then given, delivered his opinion for the latter. Sundry merchants adventurers coming to his house, desired him to move his majesty, then at Oatlands, to release the bullion, or money: He told them he knew of no such thing, and would not meddle with it; nor would his health permit him to go abroad: and said, That if by their denying the king in such a public danger the loan of 100,000l. upon good security, the king were constrained, for the preservation of the land, to stay the bullion, they might thank themselves; and the city receiving so great a benefit by residing amongst them, they made but an unthankful acknowledgment in such a strait, to refuse the loan of that sum. The officers of the Mint came to the Council-Board, and the Earl then shewed a Letter he received from the earl of Leicester, wherein was related, That the cardinal had appointed commissioners to go into the merchants houses at Paris, to peruse their shop-books and accompts, and cess every man according to his ability, towards the payment of the king's army; and then said, That it was but just for us here in England to bless God for being under a king which could not think upon such a pressing upon the people. But the Words in the Article, or words to any such inteut, he did not speak; and cannot suffici The said Earl, upon sight of this and sir Jacob Astley's letter, had reason to believe that all fitting preparation was made; and then understanding that if the Scotish Army should pass the river, not only Newcastle, altogether unfortified on the south part, would be lost, but the said army of 11,000 foot and 2,000 horse endangered; and hearing that the Scotish army was distressed for want of victuals, and knowing the advantage that was in opposing the passage of such a river: Hereupon the said Earl, by a Letter dated the 27th of August, advised the lord Conway, with all the horse, and at least 8,000 foot, and all the cannon, to march and fight with them upon the passage of the river: At which time the said Earl had no charge of the army. But the truth is, the lord Conway having not with him all the horse, and not above 1,500 foot, and only some part of the cannon, was in a posture to fight for the passage before the said letter of advice came, which he received not half an hour before the fight began, and proceeded according to his own judgment, and his majesty's said general direction. And afterwards, that is, about the 30th of August, and not before, the said Earl took upon him the charge of the Army at Darlington, and brought it to York to be supplied with necessaries that they wanted, and purposed to have staid where they were quartered. But hearing from many hands that there was a purpose to question him in parliament, and his najesty having given him liberty of staying there, or coming away, he left the charge of the army with the lord Conway, and other officers, as his majesty had directed, and came to London on Monday the 9th; and the 11th of November was put under restraint, and so hath ever since remained. And saith, That the town of Newcastle was no way under his care. And as to other matters, whereto by law he ought to answer, and hath not answered, he saith, He is not guilty of them, or any of them, in such manner and form as in the said Article is expressed; and humbly prayeth a convenient time for making his Proofs, and to justify and maintain his actions in Ireland by sight of his majesty's Warrants, Records, and witnesses in that kingdom; and that if any mistake be in his Answer, it may be amended. And this the said Earl hopeth, that, upon equal construction of his words and actions, he shall appear free from any great and heinous offences wherewith he is charged: And howsoever it shall please God to dispose of him, he shall ever pray, that by their lordships great wisdom and prudence, the affections of his majesty, and duty of his subjects, may this parliament be so surely knit together, as may by God's blessing lastingly tend to the prosperity and flourishing estate both of king and people. THE TRIAL.* The place appointed for the Trial was the great Hall in Westminster, where there was a 66 "Much time," says lord Clarendon, was spent in consideration of the manner of the trial; for they could find no precedent would fit their case: Whether it should be in the house of peers? which room was thought too little, for the accusers, witnesses, judges, and spectators: Who should prosecute? Whether members chosen of the commons, or the king's council? Whether the bishops, which were 24 in number, and like to be too tender-hearted in matter of blood, and so either to convert many or increase a dissenting party too much, should have voices in the trial! Whether those who had been created peers since the accusation was carried up, should be admitted to be judges? And lastly, Whether the commoners who were to be present at the trial, should sit uncovered? and, whether any members of the house of commons should be examined at the trial on the behalf of the Earl? who had sent a list of names, and desired an order to that purpose. After much debate it was agreed, that the Trial should be in Westminster-hall, where seats should be built, for the reception of the whole House of Commons, which together with the Speaker should be present: Monday morning about seven of the clock he came from the Tower, accompanied with six barges, wherein were 100 soldiers of the Tower, all with partizans, for his guard, and 50 pair of oars. At his landing at Westminster, there he was attended with 200 of the Trained-Bands; and went guarded by them, into the Hall. The entries at White-hall, King-street, and Westminster, were guarded by the constables and watchmen, from four of the clock in the morning, to keep away all base and die persons. The king, queen, and prince, came to the house about nine of the clock, but kept themselves private within their closets, only the Prince came out once or twice to tuc Cloth of State; so that the king saw and heard all that passed, but was seen of none. Some give the Reason of this, from the received practice of England in such cases: others say, that the lords did intreat the king either to be absent, or to be there privately, lest pretensions might be made hereafter, that his being there was either to threaten, or some otherwise to interrupt the course of justice: a third sort, That the king was not willing to be accessary to the Process till it came to his part, but rather chose to be present, that he might note and understand what violence, rigour, or injustice happened. for they then foresaw, that they might be put to another kind of proceeding than that they pretended; and, though with much ado, they consented to sit uncovered, lest such a little circumstance might disturb the whole design. -For the prosecution, they had no mind to trust the king's council; who neither knew their secret evidence, nor being informed, were like to apply and press it so vigorously as the business would require: and therefore, they appointed that Committee which had prepared the Charge, to give in the Evidence, and in the name of all the Commons of England, to prosecute the Impeachment.-For the Bishops; after many bitter invectives; and remembering the faults of particular persons; and the canons which seemed to involve the whole body; with sharpness and threats: They took the case to be so clear upon an old canon (the only one they acknowledged for Orthodox) that Cleri cus non debet interesse sanguini,' that they were content to refer that to the house of 'peers, as proper only for their determination." And this they did, not upon any confidence they had in the matter itself, whatever law, or reason, or canon they pretended; or in the lords, When the Lieutenant entered the Hall, the porter of the Hall (whose office it is) asked the major part of whom, when any difference of opinion was, always dissented from their designs: but that they had a trick of doing their business by intimation; and had a sure friend amongst the bishops, who had promised them seasonably to free them of that trouble.-They. would not trust their lordships own inclinations with the other point, of the new barons, which they knew would be controverted; but in plain terms demanded, that no peers, created since the day upon which the earl of Strafford was impeached of High Treason, because they ' were involved as Commoners in the making 'that accusation, should sit as judges at his trial. "For the Earl's demand, of an order to ' examine some members on his behalf, upon matters of fact, at his trial;' after a long debate, they left it only in the power of the persons themselves who were nominated, to be examined if they would, not without some smart animadversions, that they should take heed what they did, and refused to enjoin them; though the same had been done at their desire, for the lords of the council: but that was against the Earl, and so the less to be considered. 6 6 Mr. Maxwell, whether the axe should be carried before him or no? Who did answer, That many men less solicitous for the defence of their right afterwards. "On Monday, the 22nd of March, the Earl of Strafford was brought to the bar in Westminster-hall; the lords sitting in the middle of the Hall in their robes; and the commoners, and some strangers of quality, with the Scottish commissioners, and the committee of Ireland, on either side; there being a close box made at one end, at a very convenient distance for bearing, in which the king and queen sate untaken notice of: his majesty, out of kindness and curiosity, desiring to hear all that could be alledged: of which, I believe, te afterwards iepented himself; when his having been present at the trial, was alledged and urged to him, as an argument for the passing the Bill of | Attainder." The following are Mr. Laing's reflections upon this transaction: "While the treaty was thus protracted, the fate of Strafford was determined in parliament. An endeavour to subvert the fundamental laws was a species of constructive treason till then unknown, and was established on facts which were either indifferent in themselves, or insufficient separately to constitute such crime. Whether from the novelty of the accusation, or from the defective nature of the evidence, a bill of attainder was necessary to reach his devoted head. Charles, who, according to the ordinary dispensation of justice, might have remained a silent spectator of his fate, was reduced, by the bill of attainder, to the cruel alternative of becoming accessary to the death of a favourite minister, endeared by his services, or of involving himself in a rupture with par "The Lords, in the absence of the Lord Keeper, who was very sick, made choice of the earl of Arundel to preside and govern the Court; being a person notoriously disaffected to the earl of Strafford. And for the great business of the Bishops, they were saved the labour of giving any rule, which it may be would have troubled them, by the bishop of Lincoln's standing up, and moving, on the behalf of himself, and his brethren, that they might be excused from being present at the Trial, being ecclesiasti'cal persons, and so not to have their hands in blood; and such other reasons, as, whenliament, and in a civil war, while he was unprethey are examined, will not be found of very pared for the event. As a constitutional pregreat weight. The example of the Bishops, cedent, the attainder of Strafford is surrounded prevailed with some lords, who had been with difficulties. Were an act, declaratory of created since the Accusation, to quit their right treason, to be restrained, on the one hand, withof judging; and amongst them, the lord Little- in the limits of the established law, a stateston, who had been made a baron upon the de- man, secure from the stroke of justice, might sire of the earl of Strafford, for that only reason, conspire, with impunity, to subvert the fundathat he professed, if he were a peer, he mental laws of the constitution, which implies would, and indeed he could, do him notable no treasonable design against the crown; yet, 'service,' was the first who quitted his right to on the other hand, an act declaratory of new judge, because he had been a commoner when crimes might ultimately recoil on the people the Accusation was first brought up: but they themselves; and a servile parliament might inwho insisted upon their right, as the lord Sey- dulge the ambition or the resentment of a mimour, and others, and demanded the judg-nister, by the attainder of every opponent whom ment of the house, were no more disturbed, but exercised the same power to the end, as any of the other lords did; and so, no doubt, might the Bishops too, if they would for, though there might be some reason for their absence, when the Trial was according to law, before and by his peers only; yet, when that Judgment was wayed, and a Bill of Attainder brought against him, their votes in that Bill were as necessary and essential, as of any other of the lords. And it may be, their unseasonable, voluntary, unjust quitting it then, made he hated or feared. The evidence against Strafford was defective, however, as it indicated rather his advice and opinion, than a concerted design to render Charles independent of parlia ment: but, as mercy is not the attribute of col lcctive bodies, he suffered, without legal evidence, from the violence of his accusers, and the secret conviction or the fears of his judges. The apprehensions of his escape if the trial were interrupted, seem to have first suggested the bill for preventing the dissolution of parliament without its own consent," the king had expressly forbidden it: nor was it the custom of England to use that ceremony, but only when the party accused was to be put upon his jury. Those of the upper house did sit with their heads covered, those of the lower house uncovered. The Bishops upon the Saturday before did voluntarily decline the giving of their suffrages in matters criminal, and of that nature, according to the provision of the Canon Law, and practice of the kingdom to this day; and therefore would not be present yet withal they gave in a Protestation, that their absence should not prejudice them of that or any other privilege competent to them as the lords spiritual in parliament; which was accepted. The earl of Arundel, as Lord High Steward of England, sat apart by himself, and at the Lieutenant's entry coininauded the house to proceed. Mr. Pym being Speaker of the Commitee for his accusation, gave in the same Articles which were presented at his last being before the Upper House; which being read, his Replies were subjoined and read also, the very same which were presented before in the Upper House. Some give the reason of this, because the Lower House had not heard those Accusations in public before; others, that the formality of the process required no less: however, that day was spent in that exercise. The Queen went from the house about eleven of the clock; the King and Prince staid till the meeting was dissolved, which was after two. The Lieutenant was sent to the Tower by his guard, and appointed to return upon Tuesday at nine of the clock in the morning. The croud of people was neither great nor troublesome; all of them saluted him, and he them, with great humility and courtesy, both at his entrance and at his return: therefore let fame pretend what it please about the malice and discontent of the multitude, That if he pass the Stroke of Justice, they will tear him in pieces; yet I see there is more in rumour than in sight and appearance; and in this report, as in all others of this nature, more is thrust upon the vulgar (who seem as well fearful of punishment, as exempt from it, for all their great number) than they do justly deserve. March 23. On Tuesday in the morning he came accompanied as before to Westminster; and having staid in the Exchequer-Chamber till nine of the clock, the king, queen, and prince came as before upon the first day. Then Master Pym being called for, aggravated the Charge, which was given the day before, by a very ample Speech. It is impossible to call to mind all the hyperboles, the flashes, and superlative expressions that he used; the main points were, That it was Treason far beyond the reach of words, that he the Lieutenant, a native subject and a peer of England, the prime governor of Ireland, the commander of his majesty's forces, and a Protestant in religion, should have in such an impious and gross manner recompensed his majesty's favours, abused his goodness, and drawn all his dominions into hazard and peril of their religion, lives, goods, and privileges: That one of these faults alone had been enough, and too much, for the fulfilling of the exorbitancy and wickedness of any one man; and that no punishment could be thought upon, sufficient to expiate crimes of such a transcendent nature. The Lieutenant, with no less moderation and wisdom than the other with heat and passion, spake to his own defence; and that with such a measure of eloquence and livelihood, that his very enemies were affected with it, and do marvellously report of it. He modestly recounted his services done to the king and crown of England, his endeavours for advancement as well of the honour as commodity of both kingdoms in general, but in particular that of Ireland; how he had engreatened and advanced the king's revenues there, restored the Church's maintenance, suppressed the Outlaws, established obedience to royal authority, and impe-. dited the tyranny and usurpation of greater ones over the Commons. And for the effecting of all these actions, he mentioned himself the most weak and meanest instrument, with a wonderful prudence, in a middle way, betwixt the affectation of baseness, or dejectedness, and arrogance. Master Pym, after the close of his Speech, told him that there were three new Articles adjoined (by an after-search) to his Charge; and desired that he might presently reply to the same.. Whereunto the Lieutenant answered, It was very strange, that after the close of the process, and when matters were come to be scanned, and examined by proof, that any new charge should be given in; yet, lest he should seem to decline the maintenance of his own innocency, and the just defence of his honour, he was most willing to hear them, and have them alledged, provided that a convenient time might be assigned him to make his Replies against them, as he had done to the other given in before. But Master Pym excepted against this, and told him, that the house did conceive it to be dangerous to grant any farther prorogation. Upon this, the Lords of the Upper House (who did not think it fit as yet to voice any particular in the audience of the house of commons) did retire themselves, and after a pretty time of stay they returned and declared, that they had found the Lieutenant's suit to be equitable, in desiring of further time for answering yet seeing the Articles themselves, neither for number nor weight, seemed to be of that importance, but that he might furnish out a present Answer, they thought it fitting to grant no delay. The Lieutenant then, entreating them to pass by and pardon the weaknesses of his extemporary Answers, desired to hear the Articles read, which were these: First, That he had within these two years 'withdrawn 40,000l. sterling from the Exche |