my wits; and, he thanked God, fuch irrational fpeeches used not to escape him. He honoured that kingdom very much, because it was the native foil of our dread fovereign, his gracious mafter; and because he knew a part, yea (he hoped) the greatest part of them, had been, and ever will be, as loyal and dutiful to the King as any other of his fubjects: and of thofe too who had fubfcribed that unhappy combination, he knew a great many had done it against their hearts and wills, and would be ever ready upon occafion to remonftrance the fame, by adhering to the King's fervice. So that this acculation was nothing but a wrefting and perverting his words and meaning, of purpose to make Mim odious, and irritate a whole nation against him.

For the other words, they were proved only by one witnefs, which could make no fufficient faith; and that witnefs too he would evince, if not of perjury, yet of a notable mistake: for he had fworn pofitively that he had spoken these words the tenth of October, whereas he was come out of Ireland into England the twelfth of September before, and was at London the one and twentieth.

For those that had fled the kingdom becaule of that oath, he knew none fuch; and if they did, they fled into Scotland, which might fufficiently argue their intentions and refolutions. For his part, if they were not willing to give that teftimony of their loyalty to their Prince, although he had known of their departure, he would have been very loth to have kept them against their wills, but fhould have been gladly rid of them, and have made them a bridge to be gone, rather than stay.

Upon Monday, Mafter Whitlock proceeded to the 20th article, and told him, That because the matter was intervenient, & concimilis nature, they had refolved to join the five next articles together, becaufe VOL. I. No.

3.

TRIALS. all of them tended to one point or period that is, to fhew what bad defign he had to have fubdued the kingdoms both of England and Scotland by force of arms, and to reduce them to that arbitrary government he had lately introduced into Ireland.

The Lieutenant intreated that they would, proceed according to the order prescribed by the houfe, which was article by article: he faid, five articles were many, the matter weighty, his memory treacherous, his judgment weak.

It was bitterly replied by Mafter Glyn, That it did not become the prisoner at the bar to prefcribe them in what way they should give in their evidences.

The Lieutenant modeftly answered, That if he ftood in his place, he would perhaps crave the like favour, unless his abilities did furnish him with more strength than he could find in himself: for his part he was contented they fhould proceed any way, always provided they would grant him a competent time for replying.

Then Whitlock went on, and told the Lords, That fomething in those articles concerned the Scotifh, fomething the Englis nation. That which concerned the Scotifh, he reduced to five heads:

First, That the Deputy had faid at the council-board, "That the Scots demands contained fufficient matter to perfuade to an offensive war."

Secondly, "That the fame demands did ftrike at the root and life of monarchi cal government, and were only to be anfwered by the sword."

Thirdly, That he had caufed fome Scotifh goods and ships to be feized on in Ire

land.

His expreffions after the Parliament were two:

Concerning England, his fpeeches were either before or after the parliament.

First, before his creature and bofomfriend Sir George Ratcliff, he had faid to Sir Robert King, when he was doubting how the King might have monies to pay his armies, "That the King had four hundred thousand pounds in his purfe, thirty thoufand men in the field, and his fword by his fide; and if he wanted money afterwards, who will pity him?"

Secondly, That his brother Sir George Wentworth had faid to Sir Robert Barrington, upon the diffolution of the last parliament, "That feeing the English would not grant fupply to the King, it seems they were weary of their peace, and defired to be conquered a fecond time.

Thirdly, That he himself, upon a difcourfe with the Primate of Ireland, had faid, "That he was much of the mind of thofe English divines, who maintained it lawful for a King, having tried the affection and benevolence of his people, and then denied their help, upon an inevitable neceffity and prefent danger of the kingdom, that he might ufe his prerogative for his own fupply, and the defence of his fubjects."

Fourthly, To the Lord Conway, in a difcourfe, he had faid, "That if the Parliament (meaning the last Parliament) should not grant a competent fupply, that then the king was acquitted before God and man, and might use the authority put into his hands.”

Fifthly, That he did fay at the councilboard, "If the Parliament fhould deny to help the King, he would take any other

First, "That the Parliament had forfaken the King, and that the King fhould not fuffer himself to be over-mastered by the frowardness, obftinacy, and stubbornnefs of his people."

Secondly, "That if his Majefty pleased to employ forces, he had fome in Ireland that might ferve to reduce this kingdom." The proofs for the Scots particulars, were these :

First, The Lord Traquair, who was indeed very favourable to the Lord Lieutenant, and fpake nothing to his difadvantage but what was fkrewed from him; with much difficulty he told them, That when he gave in the demands, he heard him fay, "That it was high time for the King to put himself into a pofture of war," but that firft all the council of England faid the fame as well as he. 2dly, That it was a double fuppofition: 1. That the demands: were truly given in. 2. That there was

no other remedy left but arms, to reduce them.

Secondly, The Earl of Morton's testimony (being fick himfelf) was produced, and it was one and the fame with the article.

Thirdly, Sir Henry Vane was examined, who declared, That he had heard the Lieutenant to advise the King to an offenfive war, when his own judgment was for a defenfive.

Fourthly, The testimony of the Earl of Northumberland was produced, which was the very fame with Sir Henry Vane's.

Fifthly, The Treasurer of England depofed the fame with Traquair.

Sixthly, One Beane, from Ireland, told, That he had known fhips feized on there ; but by whofe procurement or warrant he knew not.

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To the articles about England: First, Sir Robert King and the Lord Ranelagh depofed the fame, That Sir Robert King and the Lord Ranelagh had heard Sir George Ratcliff speak those words in the article.

Secondly, Sir Robert Barrington, of Sir George Wentworth.

Thirdly, The Primate's teftimony (who is fick) was the fame with the article. Fourthly, The Lord Conway depofed the fame with the article.

Fifthly, Sir Henry Vane depofed, He had heard those words spoken at the council-board.

For the words spoken after the parliament. To the first, Sir Tho. Jermyne, Lord Newburg, Earl of Bristol, Earl of Holland, were examined. Bristol did mince the matter, but Holland's teftimony was exprefs, because of the exceeding great love he carried the man.

For the laft, which were the most dangerous fpeeches, (about reducing of this kingdom) there was only Sir Henry Vane's teftimony; who declared only thus, That he had heard either those words, or the like.

Here fome of the Lieutenant's friends fhewed themselves:

1. The Lord Savil, who defired of Sir Henry Vane to know whether he faid their, or this, or that kingdom; and withal faid, It was very hard to condemn a man for treafon upon fuch petit circumftances.

2. The Earl of Southampton defired to know, whether Sir Henry Vane would fwear those words pofitively or not. Sir Henry Vane faid, pofitively either them or the like. The Earl replied, That under favour" thofe or the like" could not be pofitive.

3. The Earl of Clare defired to know what could be meant by this kingdom; for his part (he faid) he thought it meant of the kingdom of Scotland, to which the word

They at laft concluded the charge, That the words were fo monftrous, that to aggravate them, was to allay them; and therefore they would fimply leave them to the judgment of the Lords.

The Lieutenant's reply was:

That though the heaping up of thofe articles had put him to a great confufion, yet he would endeavour to bring his anfwer into the beft method he could; and firft he would reply to the proof, then add fomething in general for himself, in what a hard taking and lamentable condition he was to have his private discourses, his moft intimate and bofom-friends fearch'd and fifted to the leaft circumftance, that he might feem guilty of that which, by God's affiftance, he fhould never be.

To the Lord Traquair's, and the Deputy's depofitions, he thought their proofs did not much stick upon him. For upon the fuppofitions, Firft, That the demands were true; Secondly, That they were not justifiable; Thirdly, That no other courfe could prevail: He could not fee what other advice he could poffibly give the King, than to put himself into a pofture of war, efpecially feeing then there were frequent reports of the Scots invading or entering into England; nor was he of any other mind than all the reft of the council-board.

For that of Morton's, he doth not pofitively remember the words, but if the demands were read, perhaps they would imply nothing lefs; and if fo, how otherwife to be anfwered but by the fword, all other

meang

means being first effayed, which is ever to be fuppofed?

For Sir Henry Vane's and Northumberland's teftimony, about perfuading of an offenfive war, he faid, He remembered it very well, and thought it as free for him to give his opinion for an offenfive, as they for a defenfive war. Opinions, faid he, if they be attended with obftinacy or pertinacy, may make an heretick, but that they ever made a traytor, he never heard it till now; nor (under favour) fhould I be an heretick either, (faid he,) for as I was then, fo am I now, moft willing to acknowledge my weakness, and correct my errors, whereof no man hath more, or is more fenfible of them, than I myself: yet if that opinion of mine had been followed, it might perhaps have fpared us fome money (faid he) and fame reputation too, of which we have been prodigal enough.

For the laft, about the fhips, it proves nothing but he would willingly confefs, that fome fhips were there detained, and that by himself, and his own direction, as Vice-admiral of Connaught, but it was at the command of the Lord Admiral the Earl of Northumberland; and produced his letter to that purpose.

To the English proof: He marvelled much how Sir George Ratcliff's words could be put upon him; Sir George (tho' alledged to be his bofom-friend, yet) had thoughts of his own, and might have fome other thoughts in his bofom, and be to fome other expreffions than Sir George Ratcliff: No man (faid he) can commit treafon by his attorney; and fhould I, by my friend Sir George, as by a proxy?

For his brother: He never knew him before fo rafh; but that was nothing to him, except they could prove a nearer identity than nature had instituted, and that his brothers words and his were all one; yet with all he conceived that his brother's words might be very well understood of the Scots

conquering England, but not at all of the Irish; and fo he wished with all his heart, that he had not spoken fomething which is like a prophecy.

To the Primate's teftimony (with all reverence to his integrity be it spoken) he is but one witnefs, and in law can prove nothing: Add to this, (faid he) that it was a private difcourfe between him and me, and perhaps spoken by me tendandi gratia; and how far this fhould be laid to a man's charge, let your Lordships judge.

Yea, this feems to me against humanity itself, and will make the fociety of men fo dangerous and loathfome to us, that our dwelling-houfes will be turned to cells, and our towns to defarts: That which God and nature (our tongues) have beftowed upon us [for the greater comfort of venting our own conceptions, or craving the advice of wifer and learneder men) fhould become fnares and burdens to us, by a curious and needlefs fear; yet if my words be taken, faid he, with all that went before and followed after, I fee no danger in it.

To the Lord Conway I may reply the fame, with this addition, That it is a very natural motion for a man to preferve himfelf; every creature hath this privilege, and fhall we deny it to monarchy, provided this be done in a lawful, though in an extraordinary way? This grain of falt must be added to feafon all my difcourfe.

To that of Sir Henry Vane, of offering my service to the King, I thank him for the teftimony, and think he hath done me much honour thereby; but if he or any body elfe do fufpect that his Majefty will employ me in unlawful enterprizes, I fhall think them more liable to the charge of treafon than myself.

To the fubfequent teftimonies, I shall not need to wrestle about them much, only the laft of Sir Henry Vanes pinches, and lies fore upon me; but to that which the Earl of Clare (and I thank him for it) hath faid

already,

already, give me leave to add this, That the teftimony of one man is not a fufficient witness, nor can a man be accused, much lefs condemned, of treafon, upon this; and for that read the stat. Hen, 7. 12. and of Edw. 6. 5.

Now my Lords (faid he) to give you further fatisfaction, I fhall defire all the Lords of the council, which were then prefent (only to the number of eight) may be examined whether they heard thefe words or not; for the Archbishop and Sir Francis Windebank they cannot be had: Sir Henry Vane gives the teftimony, I deny it; four only remain.

First, The Earl of Northumberland's teftimony, which was read, had declared exprefsly, that he had never heard thofe words, nor any like them from the Lord Strafford, but he fpake with great honour and regard to the kingdom of England.

Secondly, The Marquifs Hamilton, who declared upon his oath, that he had never heard fuch words, but that he had heard the Lieutenant often fay, that the King was to use his royal power candide & cafte, that it would never be well for this kingdom, till the prerogative of the crown, and the privilege of the fubject went in one pace together, and that parliaments were the happiest way to keep a correfpondence between the King and people.

The very fame was delivered by the Lord Treafurer, and the Lord Cottington. Now, my Lords, you may marvel how thefe words refted only on the ears of Sir Henry Vane But my Lords (faid he) that I may remove all scruple from you, I will make it evident, that there was not the leaft intention that the Irish army fhould fet a foot in England; and then, I hope, you will conceive that I had no meaning to reduce this kingdom.

er, Sir Thomas Lucas, who only were pri... vy to that matter.

For other of my words, my Lords (faid he) I defire you would not take them by halves; if fo, who fhould be free from treafon? Certainly, if fuch a precedent take footing, Weftminster-hall fhall be more troubled with treafon than with commonlaw; look therefore to the antecedents and confequents of my fpeeches, and you fhall find the ftate of the queftion clearly altered: the antecedents were upon an abfolute or inevitable neceffity, upon a prefent invafion, when the remedy of a parliament cannot be expected; the confequents, for the defence of the kingdom, which ac-compts afterward to the parliament. The qualifications too in a lawful, convenient, and ordinary way, fo far as the prefent neceffity can permit. Add but thefe, and which of you are not of my mind? Is the King endowed with no power from the Lord? is he not publicus infpector Regni? Stands it not him in hand to do fomething on prefent neceffities?

And that these were his words, he often proved, over and over again, by the Marquifs, by the Lord Treasurer, Cottington, Sir Tho. Jermine.

My Lords, what I have kept to the last: (faid he) is this, and I would intreat you feriously to think of it: If a man's table, his bed, his houfe, his brother, his friends (and that too after they have given an oath of fecrefy) are to be rack'd to find out treafon against him, who never knew what it meant, what earthly man fhall pafs free from treafon? Let my misfortune, my Lords,. be your advertisement; your wife ancestors. were glad to put bands and limits to this lion, treafon; if you give him the large fcope of words to range into, he will at last. pull you or yours all to pieces.

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