Feb. 24. This day the king came to the house of lords unexpectedly, for which reason, neither he nor the lords were robed. The king declared to the house, that the cause of his coming now was to hear the charge against the earl of Strafford; and the earl being called to the bar, the Articles against him were read distinctly by the clerk of parliament; with his Answers to each by his lordship's counsel, After which his majesty withdrew. When the king was gone, the lords ordered the lord keeper to resume the house; and commanded the earl of Strafford to be again brought to the bar, (taking all that was done in the king's presence to be no act of the house) and appointed the lord keeper to demand his Answer of him. A question arising, Whether the bishops should be present at the reading of the earl's Answer, being in agitatione causa sanguinis? Their lordships chose to withdraw on that occasion.

ing, by order of this house, to appear in per- the 24th inst, peremptorily, without expectason, and put in his Answer in writing, came to tion of any further time; at which time the the bar. The lord keeper asked himself, whe-earl is to attend in person, ther he had accordingly brought his Answer in writing. He desired, That he might have leave to speak by his counsel; which the house permitted. Then Mr. Lane, the Prince's Attorney, being of his counsel, acquainted the house, That the earl of Strafford's Answer is not now ready; and gave these reasons following, to induce this house to believe that it is real, and not excuse: "1. That the general accusation of High Treason against the earl of Strafford consists of 7 Heads, and out of those generals in the last Impeachment are extracted 28 Articles, each Article containing several charges. 2. They contain the actions of the earl of Strafford's service, for 13 years past, and intrench upon his several offices both in England and Ireland; which will draw the Answer into a great length; he being to recollect himself, to give an account of all the particulars, 3. The instructions for drawing his Answer must be taken from his own mouth, and by one man, 4. That yesterday was the first day that his counsel read over the Answer, which is yet but in the rough draught, consisting of 200 sheets of paper; that they were reading it over from 9 in the morning until 11 at night; and are of opinion that many alterations must be made therein; and, in conclusion, desired some longer time for putting in the earl's Answer."

After this, the earl said, "That his Charge was heavy; and that he hath not neglected any time in preparing his Answer against this day; therefore desires some longer time."

The earl's Answer being tendered by him, and read by his counsel, he then asked leave to speak; which being allowed, he said, "That he desired time to examine witnesses in his own defence, and to have the names of those who had been examined against him: to have power to cross examine or except against such witnesses as he should desire: that the deposition of his own witnesses might be taken in writing: and that he might have a warrant from the house to produce his witnesses." Upon which it was ordered, "That no Answer should be given unto the earl, until the house of commons was made acquainted with his request ;" and a conference was desired accordingly. It was afterwards granted.

to support the Charge against the earl of Strafford; whose trial began on, the 22nd of March; scaffolds being erected in Westminster Hall for that purpose. We meet with the following speech of sir John Wray for a vigorous prosecution of the earl. It seems to have been spoken sometime during this month, but the day is not mentioned.

He and his counsel being withdrawn, the house took what had been said into consideration; and their lordships being desirous to The house of commons was employed, seemproceed upon such grounds as might standingly, all the rest of this month, in getting ready with the justice and honour of this house, and give satisfaction to the whole kingdom, the house was put into a committee during pleasure, that this business might be the better debated; and they took into consideration whether the counsel shall be heard upon oath, if they will voluntarily affirm upon oath, what they have averred unto this house without an oath, whether the earl's Answer be ready now or not. And the house being resumed; it was resolved, That the counsel be called in, and told, that they having averred to the lords that the earl's Answer is not yet ready, to ask them what proof they will offer, to give their lordships satisfaction therein. This being done, and some of the lords not receiving full satisfaction therein; it was put to the question, whether, upon that which hath been declared at the bar by the counsel, it be fit to give further time to the earl of Strafford; and it was resolved, That, upon what hath been declared at the bar by the counsel, it is fit to give the earl further time to put in his Answer. And it was resolved, That the earl of Strafford shalt pat in his final Answer to the Charge of High Treason against him, upon Wednesday next,

Sir John Wray. Mr. Speaker; In this great and weighty cause; we ought seriously to consider, 1st. What we have done ourselves already, in the Accusation and-Impeachment of this great earl of High Treason. 2nd. Let us remember what we now are; not only parliament-men, but public men, and Englishmen. As parliament-men, let us follow the steps of our ancestors, and be constant to that rule of law which was their guide, and should be ours. As public men, forget not whom we here represent, and by how many chosen and trusted. As Englishmen, let us call to mind the undaunted spirits and stout hearts of those autieat heroes, from whom we are descended; how free they were from pusillanimity, and how they scorned all flattery, and slavery: let us then, now or never, shew that the same

blood runs in our veins. 3dly. Let us be well advised what to do, in case we shall be denied Justice in this particular; upon which depends not only the happiness, but the safety of.this parliament, of this kingdom, of ourselves, and of our posterities. And this is my aviso.'

March 25. This day a conference was held, to represent to the lords the necessity of expediting the earl of Strafford's Trial, in respect of the pressing occasions of both houses, and of the state of the whole kingdom; which would be much interrupted and prejudiced by the protraction of it. In this consideration the house of commons desired their lordships that they would be pleased to prevent all unnecessary delays, which might be occasioned by his excursions or impertinent exceptions; which, as they would take up much time in debate, so they may occasion frequent adjournments, which were desired to be avoided.

and swear to their opinions and practices Have we not then Mr. Speaker, a wolf by the ears? Is there any way to get scot-free, o wolf-free, but one? Then let us take and no forsake that old English parliamentary road which is via tuta, and will bring us safely to ou= journey's end. This is my humble motion.'

Sir H. Vane's Notes of Opinions in Counci produced against the earl of Strafford.] Apri 10. An affair of the utmost consequence to the earl of Strafford, since it cost him his life came before the commons. Preparatory to it. the doors of the house were ordered to be shut. the key brought up, and none to go out without leave: then Mr. Glynn reported from the committee in the carl of Strafford's Cause, That they had some further evidence to corroborate the latter part of the 23d Article against him: thereupon sir Henry Vane, the younger and Mr. Pyin, were enjoined by the house to declare their whole knowledge concerning the matters contained in that Article against the earl, and how and by what means they came by it. When they had done this, a Paper* was produced by Mr. Pym, and so much of it read by him as concerned the earl of Strafford, but afterwards he was ordered to read it all. Notice being then given that a message from the lords waited at the door, they were ordered to be called in; but all the members to keep their seats, and none to stir out without leave.

April 9. The lords and commons being still engaged in attending the Trial of the earl of Strafford, de die in diem, the other proceedings of both houses are very short in their Journals. This day the commons prayed a conference with the lords; the heads of which were to this effect, To acquaint them with the great necessities of the kingdom; the preciousness of Time, and how much already had been spent in this Trial; how prejudicial it will be to the kingdom, if any more be spent than has been; and therefore to de--The further examination of this business is sire that to-morrow may be appointed for a peremptory day for the earl of Strafford to be heard, if he will come; otherwise, that the committee of this house may proceed in their Replication to the whole matter, and the earl to be absolutely excluded from saying any more, as to the matter of fact. This request was acceded to by the lords. Upon this occasion,

1

Sir John Wray made the following speech: Mr. Speaker; Truth is the daughter of time, and experience the best schoolmaster, who hath long since taught many men and estates the sad and woful effects of an half-done work: those convulsions and renting pains, which the body of Great Britain now feels, shew us, that the ill humours and obstructions are not yet fully purged, nor dissolved.—Mr. Speaker, God will trave a thorough work done; if instead of redressing evils, we think to transact all, by removing of persons, and not things, well may we lull our troubles for a season, but they will return with greater violence. For, believe it, Mr. Speaker, let us flatter ourselves as we please, a dim-sighted eye may see, that although we think we have now passed the equinoctial of the Straffordian line, and seem to have gone beyond Canterbury; yet the factious and undermining agents of our religion grow daily more and more powerful; and, no doubt, do labour an extirpation of all parliaments, and men too, that will not think, say,

The Earl had been taken ill of a violent fit of the stone the night before. Whitlocke,

left short in the Journals; it it only said there, That the treasurer, sir H. Vane, was enjoined by the house to answer, Whether he did take any Notes to the effect of those notes already read, at what time, and upon what occasion? The Answer is omitted; and this is all which is said, therein, at this time.

On the same day a bill for the Attainder of Thomas earl of Strafford, for High Treason, was read a first time in the house.

April 12. Heads of a conference to be desired with the lords were argued in the house. "1st, A Narrative of the Evidence mentioned on Saturday last, to which two members of this house were ready to depose. 2dly, That the house having taken it into consideration, did conceive it very material; but, in regard of the danger and distractions of the present times, and that much time may be spent in the debate touching the admitting of this Evidence, they resolve to come to a general reply, setting aside that evidence for this time, &c. 3dly, That upon occasion of discovery of this Evidence,+ a Paper was read in the house whereby

* In a marginal note of the printed Journals, we are told, That this Paper was a Copy of Notes, taken at a Giunto of the privy council, for the Scots Affairs, about the 5th of May last. Commons Journals, Vol. II. p. 118.

Mr. Whitlocke gives the following Account of the Discovery of this Paper of Notes, taken by Secretary Vane of some Opinions delivered at the Council Table, the morning of the day the last parliament was dissolved, thus: "Se

employ to reduce this kingdom to obedience; for I am confident the Scots cannot hold out five months."

L. Arch." You have tried all ways, and have always been denied, it is now lawful to take it by force."

66

L, Cot.|| Leagues abroad there may be made for the defence of the kingdom: the lower house are weary of the king and church: all ways shall be just to raise money by, in this inevitable necessity, and are to be used, being lawful."

L. Arch. "For an offensive, not any de

L. L. Ir. "The town is full of lords, put the Commission of Array on foot, and if any of them stir we will make them smart."

it did appear, that at the same time the dange- |
rous words were spoken by the earl of Strafford,
touching the bringing the Irish army into Eng-
land, other words were then spoken by two
others, then present, decyphered by these let-
ters, L. Arch. L. Cott. (by which we conceive
is meant the lord archbishop of Canterbury
and lord Cottington) very full of pernicious
counsels to the king, and slander to the com-
mons assembled in the last parliament, as
would appear by the Paper, if their lordships
would please to have it read, which the com-
mittee is commanded to read, and leave it to
their consideration: and to desire their lord-fensive war."
ships will take some course that it may be
duly examined by whom these words were
spoken, that there might be some further pro-
ceedings to prevent the dangers that may
ensue thereupon; and that these counsels may
be looked into, and searched to the bottom."
The conference being held, as was desired,
Mr. Glynn reported to the house, That the
lord steward did speak for the rest of the lords;
and told them, that the lords had agreed this
house may proceed as formerly was intended,
before the offer of further Evidence was pro-
posed: the lord Strafford to recollect his Evi-
dence first, and, that being done, the members
of the house of commons to state theirs. All
this to be ended to-morrow morning; of
which they would give the earl of Strafford
notice.

6

Mr. Whitlocke informs us, That the next day, April 13, the earl being brought to Westminster, and both houses being met, the Notes were openly read: the title of them was, "No Danger of a War with Scotland, if offensive, not defensive." Then followed the Opinions interlocutory:

K. C.* "How can we undertake an offensive war, if we have no more money?"

L. L. Irt "Borrow of the city 100,000l. go on vigorously to levy Ship Money; your maj. having tried the affection of your people, you are absolved and loose from all rule of governruent, and to do what power will admit. Your majesty having tried all ways, and being refused, shall be acquitted before God and man: and you have an army in Ireland, that you may

cretary Vane being out of town, sent a letter to his son, sir Henry Vane, the younger, then in London, with the key of his study, for his son to look in his cabinet for some papers there, to send to his father. The son looking over many papers, among them lighted upon these Notes; which being of so great concernment to the public, and declaring so much against the earl of Strafford, he held himself bound in duty and conscience to discover them. He shewed them to Mr. Pym, who urged him, and prevailed with him, that they might be made use of in the evidence against the earl of Strafford, as being most material and of great consequence, in relation to that business."

K. Charles.

+ Lord Lieut. of Ireland, Earl of Strafford.

To this the carl answered, "That it were hard measure, for opinions and discourses by privy counsellors, in a debate of council, to be prosecuted under the notion of treason. 1. As to the words, That the king had an army in Ireland to reduce this kingdom;' they are only proved by the single testimony of one man, Secretary Vane; which is not of validity enough in law, in matter of debt, much less in point of life and death. 2. That the sccretary's deposition was exceeding dubious; for, upon two examinations, he could not remember any such words; the third time his testimony was not positive, but that I spake those words, or the like;' and words may be very like in sound, yet differ much in sense, 3. That there were present at the debate but eight privy counsellors; two of them (the archbishop and secretary Windebank) cannot be produced. Secretary Vane attirins the words; I deny them. Pour remain for evidence, the marquis of Hamilton, the earl of Northumberland, the lord treasurer, and the lord Cottington. All these have declared upon their honours, that they never heard me speak those words, nor any the like, 4. Suppose I spake the words, which I grant not, yet cannot the word this rationally imply England, as is yielded on all hands; because England was not out of the way of obedience, as the earl of Clare well observed; and because there never was any the least intention of landing the Irish army in England, as the lords of the council are able to attest."

Mr. Whitlocke proceeds to tell us, "That the foregoing Paper, of so great consequence, was missing at the committee; and, by the earl's Answer, it was supposed he had seen it, and that it was conveyed to him (Mr. W.) by some of the committee: that he, being in the chair, and having the charge and custody of all the papers, was suspected more than others to have acted this piece of treachery." He adds, "That great inquiry and search was made for the Paper, but it could not then be found. He told them

when it was missing; and that amongst such a multitude of papers as he had in his custody, it was not easy to see that he had them all again, when they were brought forth, or any of them called for: that he never shewed this paper to any but the committee, and knew not who had it, or what was become of it; nor did he convey it, or know of any that had conveyed it away. But this would not serve; the house was acquainted with the missing of the Paper, and they ordered, That every one of the committee should make a solemn pro-wound the interest of the commonwealth: and testation in the house, that they did not convey it away, nor knew what was become of it.' All of them made this protestation, and the lord Digby with more earnestness and deeper imprecations than any of the rest; yet afterwards, at the Battle of Naseby, the king's cabi-will know what to do or say for fear of such net being taken, among the papers in it was a copy of these Notes, under the lord Digby's hand; whereby Whitlocke was cleared, and the conveyer of the paper to the king, and from him to the earl of Strafford, was fully discovered."

than our forefathers. It is now full 240 years since any man was touched for this alledged crime, to this height, before myself. Let us not awaken these sleeping lions, to our destructions, by taking up a few musty records, that have lain by the walls so many ages forgotten, or neglected.—May your lordships please not to add this to my other misfortunes; let not a precedent be derived from me so disadvantageous, as this will be, in its consequence, to the whole kingdom. Do not, through me, howsoever these gentlemen say, they speak for the commonwealth; yet, in this particular, I indeed speak for it, and shew the inconveni ences and mischiefs that will fall upon it: for, as it is said in the statute, 1 Hen. IV. 'No one penalties."* Do not put, my lords, such difficulties upon ministers of state, that men of wisdom, of honour, and of fortune, may not, with chearfulness and safety, be employed for the public. If you weigh and measure them by grains and scruples, the public affairs of the The Earl's Defence.] The earl having deli- kingdom will lye waste; no man will meddle vered his Answer to the additional Proof, the with them, who hath any thing to lose.-My lord steward told him, That if he had any lords, I have troubled you longer than I should thing further to say in his defence, he should have done, were it not for the interest of those proceed, because the court intended to prepare dear pledges a saint in Heaven hath left me.” matters for their speedy judgment.' Where--At this word he stopped a while, letting fall upon he made a summary repetition of the several parts of his former defence, and concluded thus:

some tears to her meinory, then he went on. "What I forfeit myself is nothing; but that my indiscretion should extend to my posterity, woundeth me to the very soul. You will pardon my infirmity, something I should have added, but am not able, therefore let it pass.

Now, my lords, for myself, I have been, by the blessing of Almighty God, taught, That the afflictions of this present life are not to be compared to the eternal weight of Glory which shall be revealed hereafter.' And so, my lords, even so, with all tranquillity of mind, I freely submit myself to your judgment; and whether that judgment be of life or death, Te Deum laudamus."

Mr. Whitlocke sums up his account of the earl's behaviour, in these words; which are the more remarkable as he was chairman of the committee against him, "Certainly never any man acted such a part, on such a theatre, with more wisdom, constancy, and eloquence; with greater reason, judgment, and temper; and with a better grace in all his words and gestures, than this great and excellent person

"My lords, it is hard to be questioned upon a law which cannot be shewn. Where hath this fire lain bid so many hundred years, without smoak to discover it, till it thus burst forth to consume me and my children? That punishment should precede promulgation of a law; to be punished by a law subsequent to the fact is extream hard: what man can be safe, if this be admitted? My lords, it is hard in another respect, that there should be no token set, by which we should know this offence; no admo nition by which we should avoid it. If a man pass the Thames in a boat, and split himself upon an anchor, and no buoy be floating to discover it, he who owneth the anchor shall make satisfaction: but if a buoy be set there, every man passeth upon his own peril. Now, where is the mark, where is the token upon this crime, to declare it to be High Treason?-My lords, be pleased to give that regard to the peerage of England, as never to expose yourselves to such moot points, such constructive interpretations of laws: if there must be a trial of wits, * By this act, which the earl here quoted, it let the subject matter be of somewhat else was enacted, "That, in no time to come, than the lives and honours of peers. It will be any Treason be judged otherwise than it was wisdom for yourselves, for your posterity, and ordained by the statute in the time of the for the whole kingdom, to cast into the fire king's noble grand-father, king Edw. 3. whom these bloody and mysterious volumes of con- God assoil." And the reason given for it is, structive and arbitrary treason, as the primitive" Because, by an act of 21 Rich. 2. divers christians did their books of curious arts; and betake yourselves to the plain letter of the law and statute, that telleth us what is, and what is not treason, without being more ambi'tious to be more learned in the art of killing,

pains of Treason were ordained by statute, in asmuch that there was no man which d.d know how he ought to behave himself, to do, speak, or say, for doubt of such pains: Statutes at large, Anno 1 Hen. IV. cap. 10.

did; and he moved the hearts of all his au- | been debated strongly great part of the mornditors, some few excepted, to remorse and pity." ing, and was ordered to be ingrossed. This April 14. Notwithstanding these proceed- ingrossment was made very quick; and, on the ings relating to the Trial, the bill for the At- third reading of it, tainder of the earl of Strafford went on; and this day it was read a second time in the committee against the earl, spoke as follows:mons, and committed to a committee of the whole house.*

Mr. Speaker; We are now upon the point of giving (as much as in us lies) the final sen April 15. Another conference was desired tence unto death or life, on a great minister of by the commons, relating to the Trial and this state, and peer of this kingdom, Thomas earl Bill; in which, amongst other matters, it was of Strafford; a name of hatred in the present observed to the lords, That the evidence of age, by his practices, and fit to be made a fact being given, it was proposed, from the be- terror to future ages by his punishment. I ginning, to go by way of bill; and that they have had the honour to be employed by the had accordingly brought in a bill for his At-house in this great business, from the first hour tainder. That the proceedings, by way of bill, stand no way in opposition to the other proceedings that have already been in this business. Mr. Whitlocke reported from this conference, That they were told by the lords that they were not absolutely resolved how the Trial should proceed: that the lord Strafford's counsel should have notice to attend there the next day, and should not speak to any matter of fact, but to matter of law only.'