law in every man's breast condemns, the light of nature, the light of common reason, the rules of common society." Nor were the instances of injustice and illegality confined to those charged. Sergeant Glyn remarked that, were the matter yet to frame, they would give as many new cases as those of which he was accused. Stafforde stormed at this, and dared him to the proof. But when the other, having accepted the challange, enumerated twenty fresh cases, in the issue of which he had largely participated, the prisoner stopt him by a complaint against travelling out of the charge.

The legislative powers assumed by him in Ireland, together with his grossly tyrannical and selfish abuse of them, were strikingly displayed in his measures relative to wool and flax. Having a monopoly of the customs, he imposed new duties upon the exportation of the first, and prohibited the manufacture of it in the island: though the last was the chief production of that kingdom, and linenyarn for exportation the staple, he interdicted the sale of it unless it were reeled in a certain mode, with which the poor people were unacquainted, and ordered a general seizure, to effect which power was given to break into houses, of all not prepared for the market according to his directions. What aggravated this policy was, that the yarn seized, instead of being, as forfeited to the public, brought into the exchequer, went to his own looms; while he had a direct interest in excluding a competition with his own flax, which he raised in great quantities on his own newly-pur

chased lands. In the execution of his orders on this subject great enormities were committed; and thousands, debarred the only means of livelihood, for the May rents were paid by the price of the flax and yarn, were absolutely famished. His defence was, that he prohibited the manufacturing of wool lest it should interfere with that of England: that the motive in regard to the orders about yarn was to break the people of their barbarous mode of preparing it-a measure which might be legally adopted, in the same manner as yoking oxen by the tail, and burning the straw to separate the corn from it, had been interdicted: that the council concurred in the proclamations, and therfore the blame should not be imputed to him; and that, at all events, this was not treason. With regard to the council, it was completely under his controul, while, at all events, as the prime leader, he must be responsible for unconstitutional measures, and it appears by his own letters that he had earnestly pressed his Majesty for liberty to pursue that system *. As for his defence that this was not treason, it was well urged by Maynard, that, if to overturn all the fundamental principles of the constitution be traitorous, this unquestionably was so, as it included not only the suspension of the public rights, but a power to issue what new orders he pleased in the place of law. It is singular, that in his letters to the king on this very subject, he advised his Majesty to make a monopoly of salt in his

See his Let. and Disp. vol. i. P. 93.

own person; for that, as it was a commodity altogether indispensable, he might, in imitation of the gabelles of France, raise the price at pleasure *.

It was distinctly proved that he had been in the practice of quartering soldiers upon all who refused to comply with any order of the council for the payment of money, however unlawful the demand. One instance shall suffice. One Barns was charged on a paper petition to appear before the deputy about a debt which, though nominally rated at £100, he might have compounded for five, but which, as altogether unjust, he refused to settle even on such terms, and Stafforde, under the colour of a contempt, quartered a party of troopers upon him who consumed property to the value of £500, burned the very partitions of his house, nay the door, for fuel, and "sold his trunk, his bed-steads, his dining-table, and all they could light on in his house," so that, being reduced to utter beggary, he was obliged to flee the country, leaving his wife and children, and serve as a soldier in Flanders t.

These particulars, however, though highly important, have perhaps been pursued too far, and therefore we shall proceed to the grand point about telling the king that he was absolved from all rules of government, and had an army in Ireland, by which he might reduce the kingdom: But, in passing, we may remark that the articles about prohibiting people of family, &c. from going to England,

* Trial in Rush. and Baillie's Journal. Straf. Let. and Disp. vol. i. p. 93, 108, 193.

+ Trial in Rush. and Baillie.

and imposing an arbitrary oath on the Scots, were fully proved.

To ascertain the point with regard to his illegal advice, it was necessary to examine the councillors, and Charles was reluctantly obliged to yield to a demand of the commons, to relieve the council from their oath of secrecy-a measure bitterly inveighed against by the noble apologist of the king, and what is more extraordinary, by Mr. Hume, as restraining the freedom of the board, and rendering ministers liable for every rash, or inconsiderate, expression. But surely if, and there can be no doubt of it, every councillor is bound by his oath to give constitutional advice, and that only, to the king, the oath of secrecy never can, or ought, to extend to counsel, which has for its object the overthrow of all the fundamental laws; and it is an inquisition, which no good man need fear, for none will ever attempt to persuade the sovereign to absolve himself from all those rules upon which he is entitled to govern; while, if such a measure could not be adopted, it is perfectly evident that the greatest of all wickedness would be safe even from question. The grand point to be determined here was, whether Stafforde had not advised his Majesty to act as if absolved from all rules of government; and had such a point not been open to investigation, there would have been at once an end of all legitimate government.

Nothing could be more distinct than the charges against Strafforde; each particular was stated with a precision which could not have been ex

pected any more than it is practised in indictments in general; but some of the different articles naturally cohered, or reflected light upon each other ; and, in regard to the advice about the king's acting as absolved from all rules of government, there were five articles taken together-the twentieth, twenty-first, second, third, and fourth: That he had advised an offensive war with Scotland, alleging that the demands of the Scottish parliament justified it, before the commissioners of that parliament had been heard in vindication of their proceedings: That he had declared his readiness to supply his majesty by extraordinary ways, unless the English parliament should grant twelve subsidies; and had, for wicked ends, in confederacy with Sir George Ratcliffe, raised an army of 1000 horse, and 8000 foot, in Ireland: That he had declared openly to several people, that the king ought first to try the affections of his people in parliament; but, if that failed, then he might use his prerogative in levying what he required; and that, when parliament disappointed his hope of twelve subsidies, he advised the dissolution, declaring that his majesty was free from all rules of government; adding, that he had an army in Ireland with which he might reduce the kingdom to obedience. The first point in regard to Scotland, was proved by the Earls of Traquair and Morton, and even by Juxon, bishop of London, and Lord Treasurer, as well as by Sir Henry Vane. Traquair particularly swore too, that afterwards, at the council of peers, at York, the prisoner, in regard to Scottish affairs,