dom: So All, or Moft of the other Perfons, who were in any Truft with the Earl, and so privy to the Grounds and Reasons of the Counfels There, and only able to make Those apparent, were accufed by the Houfe of Commons in that Kingdom of High Treafon; under the general Impeachment, of "Endeavouring to fubvert the Fundamental Laws of that "Kingdom, and to introduce an Arbitrary Power: which ferv'd the turn There, to Secure their Perfons, and to Remove them from Councils, as it had done Here.

WHAT Seeds were then fown for the Rebellion, which within a Year after broke out in Ireland, by the great Liberty and Favour that Committee found; who, for the good Service against that Lord, were hearkned to in all things that concern'd that Kingdom, fhall be observ'd, and spoken of at large, hereafter.

the Manner

of his Trial.

MUCH time was spent in confideration of the Manner of Confideratithe Trial; for they could find no Precedent would fit their ons touching cafe: "Whether it fhould be in the Houfe of Peers? which "Room was thought too little, for the Accufers, Witneffes, "Judges, and Spectators: Who fhould Profecute? Whether "Members chofen of the Commons, or the King's Council? "Whether the Bishops (which were twenty four in number, and like to be too tender-hearted in matter of Blood, and fo either to Convert many, or increase a Diffenting Party too much) "fhould have Voices in the Trial? Whether "those who had been created Peers fince the Accufation "was carried up, fhould be admitted to be Judges? And laftly, "Whether the Commoners who were to be present "at the Trial, fhould fit Uncover'd? and, Whether any "Members of the Houfe of Commons fhould be Examin'd "at the Trial on the behalf of the Earl? who had fent a List of Names, and defir'd an Order to that purpose.

AFTER much debate it was agreed, "That the Trial "fhould be in Westminster-Hall, where Seats fhould be built "for the reception of the whole Houfe of Commons, which "together with the Speaker fhould be prefent: for they Then forefaw, that they might be put to another kind of Proceeding than That they pretended; and (though with much ado) they confented to fit Uncover'd, left fuch a little circumftance might difturb the whole defign.

FOR the Profecution, they had no mind to truft the King's Council; who neither knew their Secret Evidence, nor, being inform'd, were like to apply and prefs it fo vigoroufly as the bufinefs 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 Com"mons of England, to profecute the Impeachment.

04

FOR

FOR the Bishops: after many bitter Invectives; and remembring the Faults of particular Perfons; and the Canons who seem'd to involve the Whole Body; with Sharpness and Threats: they took the cafe to be fo clear upon an old Canon (the Only one they acknowledged for Orthodox) that Clericus non debet interesse Sanguini, that they were content "To refer That to the Houfe of Peers, as proper only "for their determination. And this they did, not upon any Confidence they had in the Matter it felf, whatever Law, or Reafon, or Canon they pretended; or in the Lords, the major part of whom, when any difference of opinion was, always diffented from Their defigns: but that they had a trick of doing their bufinefs by. Intimation; and had a fure 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 Peer, created fince the day upon which the Earl of "Strafford was Impeach'd of high Treafon, because they "were involv'd as Commoners in the making that Accusa"tion, fhould fit as Judges at his Trial.

FOR the Earl's demand, "Of an Order to Examine fome "Members on his behalf, upon matters of Fact, at his Trial; after a long Debate, they left it only in the Power of the Perfons Themselves who were nominated, "To be Examin'd "if they would (not without some smart Animadverfions, "that they fhould take heed What they did) and refused to Enjoin them; though the fame had been done at Their defire, for the Lords of the Council: but that was Against the Earl, and fo the Lefs to be confider'd.

THE Lords, in the abfence of the Lord Keeper, who was very Sick, made choice of the Earl of Arundel to Prefide and Govern the Court; being a Perfon notoriously disaffected to the Earl of Strafford.

AND for the great business of the Bishops, they were faved the labour of giving any Rule (which it may be would have troubled them) by the Bishop of Lincoln's ftanding up, and moving, on the behalf of Himself and his Brethren, "That "They might be Excufed from being prefent at the Trial, "being Ecclefiaftical Perfons, and fo not to have Their hands "in Blood; and fuch other Reasons, as, when they are examin'd, will not be found of very great weight.

THIS Bifhop had been, by feveral Cenfures in the StarChamber, Imprifon'd in the Tower, where he remain'd till after the beginning of this Parliament, and was then fet at Liberty upon the defire of the Lords; who knew him to be a

mortal

mortal and irreconcilable Enemy to the Arch-Bishop of Canterbury and indeed, he had always been a Puritan fo far, as to love None of the Bishops, and to have used Many learned Church-men with great Contempt and Infolence: and yet he left no way unpractised to affure the King, "That he "would do great matters in Parliament for his Service; if he "might be at liberty. The next day after He came to the Houle of Peers, the Lord Say made that Speech which he fince Printed; taking notice "Of fome Imputations laid on "him by the Arch-Bifhop of Canturbury, That he should be "a Sectary; which no body can doubt, that reads that Speech: Yet he had no fooner done, than that Bishop rofe, and made a large Panegyrick in his Praife, and profefs'd, "that he always believ'd his Lordfhip to be as far from a "Sectary, as Himself. And when he found the great defire. of the House of Commons, to be freed from the Bishops Votes in that Trial; he never left Terrifying them with the Cenfure that hung over Their heads for making the Canons, till he perfwaded them to Ingratiate themselves, by defiring to be Excused in that matter, before an Order should be made for their Absence.

THIS Example of the Bishops, prevail'd with fome Lords, who had been created fince the Accufation, to quit Their Right of Judging; and amongft them, the Lord, Littleton (who had been made a Baron upon the defire of the Earl of Strafford, for that only reason, that he profefs'd, "If He 66 were a Peer, he would (and indeed he could) do Him nota"ble Service) was the First who quitted his right to Judge, because he had been a Commoner when the Accufation was first brought up: but they who Infifted upon their Right (as the Lord Seymour, and others) and demanded the Judgement of the House, were no more disturb'd, but exercised the fame Power to the end, as any of the other Lords did; and fo, no doubt, might the Bifhops too, if they would: For though there might be fome reafon for Their abfence, when the Trial was according to Law, before and by his Peers only; Yet, when that Judgment was waved, and a Bill of Attainder brought up against him, Their Votes in that Bill were as Neceffary and Effential, as of any Other of the Lords. And it may be, their Unfeasonable, Voluntary, Unjuft quitting it Then, made many men lefs follicitous for the Defence of Their Right afterwards. But of that in its place.

ALL things being thus prepar'd, and fettled; On Monday, TheTrial bethe Twenty fecond of March, the Earl of Strafford was brought gan March to the Bar in Westminster Hall; the Lords fitting in the Middle the 22d. of the Hall in their Robes; and the Commoners, and some 1640. Strangers of Quality, with the Scotish Commiffioners, and the

Com

Committee of Ireland, on either Side; there being a clofe Box made at one End, at a very convenient distance for Hearing, in which the King and Queen fate untaken notice of: His Majesty, out of Kindness and Curiosity, defiring to hear All that could be alledged: of which, I believe, he afterwards repented himself; when "His having been Prefent "at the Trial, was alledged and urged to him, as an Argument for the Pailing the Bill of Attainder.

AFTER the Earl's Charge was read, and an Introduction against him. made by Mr Pym, in which he call'd him the Wicked Ear!; fome Member of the Houfe of Commons, according to Their parts affign'd, being a Lawyer, applied and prefs'd the Evidence, with great licence and sharpness of Language; and when the Earl, had made his Defence, Replied with the fame liberty upon whatsoever he said; taking all occafions of bitterly Inveighing against his Person: which reproachful way of carriage was look'd upon with fo much Approbation, that one of the Managers (Mr Palmer) loft all his Credit and Interest with them, and never recover'd it, for using a Decency and Modefty in his carriage and language towards him; though the Weight of his Arguments prefs'd more upon the Earl, than all the Noife of the Rest.

His De

fence.

THE Trial lasted Eighteen days, in which, “All the Hasty or "Proud Expreffions, or words He had utter'd at any time fince " he was firit made a Privy-Counsellor; all the acts of Paffion "or Power that he had exercised in Yorkshire, from the time "that he was first Prefident there; his engaging himself in "Projects in Ireland, as the fole making of Flax, and felling "Tobacco in that Kingdom; his billeting of Soldiers, and "exercifing of Martial Law there, his extraordinary way of "Proceeding against the Lord Mountnorris, and the Lord "Chancellor Loftus; his affuming a Power of Judicature at "the Council-Table, to determine Private Interests, and mat"ter of Inheritance; fome rigorous and extrajudicial Determi“nations in cases of Plantations; fome high Discourses at the "Council-Table in Ireland; fome cafual and light Discourses "at his Own Table, and at Publick Meetings; and laftly, "fome Words fpoken in fecret Council in this Kingdom, af❝ter the Diffolution of the laft Parliament, were urged and "prefs'd against him, to make good the General Charge, of "an Endeavour to Overthow the Fundamental Government "of the Kingdom, and to Introduce an Arbitrary Power.

THE Earl behaved himself with great fhew of Humility and Submiffion; but yet, with fuch a kind of Courage, as would lofe no advantage; and, in truth, made his Defence with all imaginable Dexterity; answering This charge, and evading That, with all poffible Skill and Eloquence; and

though

though he knew not, till he came to the Bar, upon what Parts of his Charge they would proceed against him, or what Evidence they would produce, he took very little time to recollect himself, and left nothing unfaid that might make for his own Juftification.

FOR the bufinefs of Ireland; He complain'd much, "That "by an Order from the Committee which prepared his Charge "against him, all his Papers in that Kingdom, by which he "fhould make his Defence, were feiz'd and taken from him; "and by virtue of the fame Order, all his Goods, Houfhold"ftuff, Plate, and Tobacco (amounting, as he faid, to Eighty "Thoufand Pounds) were likewise feiz'd; fo that he had not "money to fubfift in Prison: that all thofe Minifters of State "in Ireland, who were moft Privy to the Acts for which he "was Queftion'd, and fo could give the best Evidence and "Testimony on his behalf, were Imprifon'd under the charge "of Treafon: Yet he averr'd, That he had behav'd himself "in that Kingdom, according to the Power and Authority "granted by his Commiflion and Inftructions; and accord

ing to the Rules and Customs obferv'd by former Deputies "and Lieutenants. That the Monopolies of Flax and To"bacco, had been undertaken by Him for the Good of that "Kingdom, and Benefit of his Majefty: the former establish❝ing a moft beneficial Trade and good Husbandry, not be"fore practifed There; and the Latter bringing a Revenue of "above Forty Thousand pounds to the Crown, and advancing "Trade, and bringing no damage to the Subject. That "Billetting of Soldiers (which was alledged to be Treafon, by a Statute made in Ireland in the time of King Henry the Sixth) "and the exercifing of Martial Law, had been al"ways practifed by the Lieutenants and Deputies of that "Kingdom; which he proved, by the Teftimony and Confeffion of the Earl of Cork, and the Lord Wilmot; neither of which, defired to fay more for his behoof, than inevitably they muft. He faid, "The Act of Parliament mention'd, of "Henry the Sixth, concern'd not Him; it comprehending "only the Inferior Subjects, and making it Penal to Them "to Billet Soldiers, not the Deputy, or Supreme Commander; "if it did, that it was Repeal'd by Poyning's Act, in the "Eleventh year of Henry the Seventh: However, if it were << not, and that it were Treason ftill, it was Treafon only "in Ireland, and not in England; and therefore, that he could "not be Tried Here for it, but must be tranfmitted thither. He faid, "The Council-Table in Ireland, had a large Legal "Jurifdiction, by the Inftitution and Fundamental Customs "of that Kingdom; and had, in all times, Determin'd mat"ters of the Same nature, which it had done in His time:

"and