be forward in finding out expedients for supply, seemed to despair of being able to borrow more; because the city was much troubled and disheartened, to see the work of reformation proceed so slowly, and no delinquents yet brought to justice; and that till some advance was made towards those longed-for ends, there must be no expectation of borrowing more money from or in the city: upon which Mr. Hyde said, "That he did not believe "the thing to be so difficult as was pretended; "that no man lent his money, who did not gain

be ashamed ever to appear in any thing that might prove prejudicial to the crown." And he became immediately possessed of that office of great trust; and was so well qualified for it, by his fast and rooted malignity against the government, that he lost no credit with his party, out of any apprehension or jealousy that he would change his side: and he made good their confidence; not in the least degree abating his malignant spirit, or dissembling it; but with the same obstinacy opposed every thing which might advance the king's service, when he was his solicitor, as ever he had" by it; and that it was evident enough, that there done before.

The lord Say was to be master of the wards; which place the lord Cottington was likewise to surrender for his quiet and security. And Denzil Hollis was to be secretary of state, in the place of" secretary Windebank.

Thus far the intrigue for preferments was entirely complied with: and it is great pity that it was not fully executed, that the king might have had some able men to have advised or assisted him; which probably these very men would have done, after they had been so throughly engaged: whereas the king had none left about him in any immediate trust in business, (for I speak not of the duke of Richmond, and some very few men more about his person, who always behaved themselves honourably,) who either did not betray, or sink under the weight or reproach of it.

But the earl of Bedford was resolved, that he would not enter into the treasury, till the revenue was in some degree settled; and at least the bill for tonnage and poundage passed, with all decent circumstances, and for life; which both he and Mr. Pym did very heartily labour to effect; and had in their thoughts many good expedients, by which they intended to raise the revenue of the crown. And none of them were very solicitous to take their promotions, before some other accommodations were provided for some of the rest of their chief companions; who would be neither well pleased with their so hasty advancement before them, nor so submissive in the future to follow their dictates.

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6c was plenty of money; and therefore he was con"fident, if a small committee of the house were "nominated, who, upon consultation between "themselves, might use the name of the house to such men as were reputed to have money, they might prevail with them to lend as much as might serve for the present exigence." Whereupon the house willingly approved the motion and named himself, Mr. Capel, sir John Strangeways, and five or six more, whom they desired might be joined with them; who, the same or the next day, repaired into the city; resolving to apply themselves to no men but such who were of clear reputation in point of wisdom, and sobriety of understanding, as well as of wealth and ability to lend. And after they had spoken together with four or five eminent men, they agreed to pair, and to confer severally with their particular acquaintance, upon the same subject: many men choosing rather to lend their money, than to be known to have it; and being very wary in their expressions, except in private.

When they had again communicated together, they found that the borrowing the money would be very easy; every man with whom they had conferred being ready and forward to lend the money upon their security who proposed, or to find a friend who should. Most of them in their private discourse said, "that there was money enough to "be lent, if men saw there would be like to be

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any end of borrowing; but that it was an uni"versal discomfort and discouragement, to all men "of estates and discretion, to see two great armies Hambden was a man they could not leave un- "still kept on foot in the kingdom, at so vast provided for; and therefore there were several a charge, when there remained no fear of a war; designs, and very far driven, for the satisfaction " and that if a time were once appointed for the and promotion of him, and Essex, and Kimbolton, disbanding them, there should not want money and others; though not so fully concluded, as "for the doing all that should be necessary in those before mentioned. For the king's great end "order to it." This answer satisfied them in all was, by these compliances, to save the life of the respects: and the next day Mr. Hyde reported to earl of Strafford, and to preserve the church from the house the success of their employment; "that ruin: for nobody thought the archbishop in danger they had conferred with the most substantial of his life. And there were few of the persons "and best reputed men of the city; who, by themmentioned before, who thought their preferments" selves and their friends, had promised to supply would do them much good, if the earl were suf- "the money which was desired." And then he fered to live; but in that of the church, the major enlarged upon "the temper they understood the part even of those persons would have been willing city to be in, by the reports of those who might to have satisfied the king; the rather, because "be reasonably supposed to know it best; that it they had no reason to think the two houses, or 66 was indeed very much troubled and melancholic, indeed either of them, could have been induced to "to see two armies kept on foot at so vast a charge have pursued the contrary. And so the continued "within the bowels of the kingdom, when, God and renewed violence in the prosecution of the earl “be thanked, all the danger of a war was removed; of Strafford made the king well contented (as the " and that they who were very able to make good other reasons prevailed with the other persons)" what they promised, had frankly undertaken, that the execution of those promotions should be "that if a peremptory day was appointed for befor a time suspended. ing rid of those armies, there should not be "want of money to discharge them."

When there was a new occasion, upon the importunity of the Scottish commissioners, to procure more money; and the leading men, who used to

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The report was received with great applause by the major part of the house, as was reasonably col

sels there, and only able to make those apparent, were accused by the house of commons in that kingdom of high treason; under the general impeachment, of "endeavouring to subvert the fun"damental laws of that kingdom, and to intro"duce an arbitrary power:" which served [the] turn there, to secure their persons, and to remove them from councils, as it had done here.

What seeds were then sown for the rebellion, which within a year after brake out in Ireland, by the great liberty and favour that committee found; who, for the good service against that lord, were hearkened to in all things that concerned that kingdom, shall be observed, and spoken of at large, hereafter.

lected by their countenance: but it was as apparent, that the governing party was exceedingly perplexed with it, and knew not on a sudden what to say to it if they embraced the opportunity, to procure a supply of money which was really wanted, it would be too great a countenance to the persons who had procured it; and whose reputation they were willing to depress: besides, it would imply their approbation of what had been said of the disbanding: at least, would be a ground of often mentioning and pressing it; and which, how grateful soever to most other men, was the thing they most abhorred. After a long silence, Mr. Hambden said, "that the worthy gentlemen were to be much commended "for the pains they had taken; of which, he " doubted not, good use would be made:" and so proposed, "That it might be well thought of, and "the debate resumed the next day;" which could not be denied. The next day, alderman Pennington (a man in highest confidence with the party; and one, who insinuated all things to the commoncouncil which he was directed should be started there) began the discourse; and said, "that the gentlemen, who had been last in the city to borrow money, had made a fair report; but that in "the end of it there was colloquintida; that he "could not find with what persons they had con"ferred about the temper of the city; nor that any considerable people troubled themselves with designing or wishing what the parliament should do, which they knew to be wise enough, to know "what and when they were to do that which was "best for the kingdom: and they acquiesced in "their grave judgment:" and concluded, "that "the money that the house stood in need of, or a greater sum, was ready to be paid to whomsoever After much debate it was resolved, "that the "they would appoint to receive it." The house "trial should be in Westminster-hall, where seats made itself very merry with the alderman's collo- "should be built for the reception of the whole quintida, and called upon him "to explain it ;""house of commons, which together with the and so the debate ended: all men being well pleased" speaker should be present:" for they then foreto see the disorder they were in, and the pains saw, that they might be put to another kind of they had taken to free themselves from it; which proceeding than that they pretended; and (though every day was renewed upon them, as the subject- with much ado) they consented to sit uncovered, matter afforded occasion; and they visibly lost lest such a little circumstance might disturb the much of the reverence, which had been formerly whole design. paid to them.

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Much time 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 twenty-four in number, and like to be too tenderhearted in matter of blood, and so either to convert many, or to 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.

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"the evidence, and in the name of all the commons "of England to prosecute the impeachment.'

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For the prosecution, they had no mind to trust About the beginning of March, they began to the king's council; who neither knew their secret make preparations for the trial of the earl of Straf- evidence, nor, being informed, were like to apply ford; who had then been about three months in and press it so vigorously as the business would prison, under their accusation of high treason: and require: and therefore they appointed "that comby this time, for their better supply in that work,"mittee which had prepared the charge, to give in a committee was come from the parliament in Ireland, to solicit matters concerning that kingdom. This committee (most of them being papists, and For the bishops after many bitter invectives, the principal actors since in the rebellion) was and remembering the faults of particular persons, received with great kindness, and, upon the matter, and the canons which seemed to involve the whole added to the committee for the prosecution of the body, with sharpness and threats; they took the earl of Strafford. So that now, Ireland seemed no case to be so clear upon an old canon, (the only one less intent upon the ruin of that unfortunate lord, they acknowledged for orthodox,) that clericus non than England and Scotland; there being such a debet interesse sanguini, that they were content "to correspondence settled between Westminster and "refer that to the house of peers, as proper only Dublin, that whatsoever was practised in the house" for their determination." And this they did, of commons here was very soon after done likewise there and as sir George Ratcliff was accused here of high treason, upon pretence of being a confederate with the earl in his treasons; but in truth that he might not be capable of giving any evidence on the behalf of him, and thereupon sent for into this kingdom: so all, or most of the other persons, who were in any trust with the earl, and so privy to the grounds and reasons of the coun

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not upon any confidence they had in the matter itself, whatever law, or reason, or canon they pretended; or in the lords, 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 they had a sure friend amongst the bishops, who had promised them seasonably to free them of that trouble.

"his trial."

And therefore they would not trust their lord- | judge, because he had been a commoner when the ships' own inclinations with the other point, of the accusation was first brought up: but they who innew barons, which they knew would be contro- sisted upon their right, (as the lord Seymour and verted; but in plain terms demanded, "that no others,) and demanded the judgment of the house, "peer, created since the day upon which the earl were no more disturbed, but exercised the same "of Strafford was impeached for high treason, power to the end, as any of the other lords did; "because they were involved as commoners in the and so, no doubt, might the bishops too, if they making that accusation, should sit as judges at 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 waved, and a bill of attainder brought up 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 many men less solicitous for the utter taking away that right afterwards. But of that in its place.

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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.

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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 "ecclesiastical persons, and so not to have their "hands in blood;" and such other reasons, as, when they are examined, will be found very trivial. This bishop had been, by several censures in the star-chamber, imprisoned in the Tower, where he remained till after the beginning of this parliament, and was then set at liberty upon the desire of the lords; who knew him to be a mortal and irreconcilable enemy to the archbishop of Canterbury, and indeed had always been a puritan so far, as to love none of the bishops, and to have used all learned churchmen with great contempt and insolence; and yet he left no way unpractised to assure the king, "that he would do great matters in par"liament for his service, if he might be at liberty." The next day after he came to the house of peers, the lord Say made that schismatical speech, which he since printed; taking notice "of some imputa"tions laid on him by the archbishop of Canterbury, that he should be a sectary;" which nobody can doubt, that reads that speech: yet he had no sooner done, than that bishop rose, and made a large panegyric in his praise, and professed, "that he always believed his lordship to be "as far from a sectary, as himself." And when he found the great desire of the house of commons to be freed from the bishops' votes in that trial, he never left terrifying them with the censure that hung over their heads for making the canons, till he persuaded them to ingratiate themselves, by desiring to be excused in that matter, before an order should be made for their absence.

This example of the bishops prevailed with some lords, who had been created since the accusation, to quit their right of judging; and amongst them, the lord Littleton (who had been made a baron upon the desire of the earl of Strafford, for that only reason, that he professed, "If he were a peer, "he would (and indeed he could) do him notable service") was the first who quitted his right to

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All things being thus prepared, and settled; on Monday, the twenty-second of March, the earl of Strafford was brought to the bar in Westminsterhall; 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 hearing, in which the king and queen sat untaken notice of; his majesty, out of kindness and curiosity, desiring to hear all that could be alleged: of which, I believe, he afterwards repented himself; when "his having "been present at the trial" was alleged and urged to him, as an argument for the passing the bill of attainder.

After his charge was read, and an introduction made by Mr. Pym, in which he called him the wicked earl; some member of the house of commons, according to their parts assigned, being a lawyer, applied and pressed the evidence, with great license and sharpness of language; and, when the earl had made his defence, replied with the same liberty upon whatsoever he said; taking all occasions of bitterly inveighing against his person: which reproachful way of carriage was looked upon with so much approbation, that one of the managers (Mr. Palmer) lost all his credit and interest with them, and never recovered it, for using a decency and modesty in his carriage and language towards him; though the weight of his arguments pressed more upon the earl, than all the noise of the rest.

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The trial lasted eighteen days; in which, "all "the hasty or proud expressions, or words, he had "uttered at any time since he was first made a privy-counsellor; all the acts of passion or power that he had exercised in Yorkshire, from "the time that he was first president there; his engaging himself in projects in Ireland, as the "sole making of flax, and selling tobacco in that " kingdom; his billeting of soldiers, and exercising of martial law in that kingdom; his extraordinary proceeding against the lord Mountnorris, and the lord chancellor [Loftus]; his assuming a power of judicature at the council" table to determine private interest, and matter of "inheritance; some rigorous and extrajudicial de"terminations in cases of plantations; some high "discourses at the council-table in Ireland; and 66 some casual and light discourses at his own "table, and at public meetings; and lastly, some "words spoken in secret council in this kingdom "after the dissolution of the last parliament,"

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were urged and pressed against him, to make good the general charge, of "an endeavour to overthrow "the fundamental government of the kingdom, "and to introduce an arbitrary power."

The earl behaved himself with great show of humility and submission; but yet, with such a kind of courage, as would lose no advantage; and, in truth, made his defence with all imaginable dexterity; answering this, and evading that, with all possible skill and eloquence; and 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 unsaid that might make for his own justification.

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severe hand and strict reins to be held upon "them, which being loosed, the crown would quickly feel the mischief.”

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For the several discourses, and words, wherewith he was charged; he denied many, and explained and put a gloss upon others, by the reasons and circumstances of the debate. One particular, which they much insisted on, though it was spoken twelve years before, "that he should say in the public hall in York, that the little finger of the prerogative should lie heavier upon them than the "loins of the law," he directly inverted; and proved, by two or three persons of credit, "that he "said" (and the occasion made it probable, being upon the business of knighthood, which was understood to be a legal tax) "the little finger of the "law was heavier than the loins of the preroga"tive;" that imposition for knighthood amounting to a much higher rate, than any act of the prerogative which had been exercised. However," he said, "he hoped no indiscretion, or unskilfulness, or passion, or pride of words, would amount to treason; and for misdemeanours, he was ready "to submit to their justice."

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He made the least, that is, the worst excuse, for those two acts against the lord Mountnorris, and the lord chancellor; which indeed were powerful acts, and manifested a nature excessively imperious if not inclined to tyranny; and, no doubt, drew a greater dislike and terror, from sober and dispassioned persons, than all that was alleged against him. A servant of the earl's, one Annesley, (kinsman to Mountnorris,) attending on his lord during some fit of the gout, (of which he often laboured,) had by accident, or negligence, suffered a stool to fall upon the earl's foot; enraged with the pain whereof, his lordship with a small cane struck Annesley: this being merrily spoken of at dinner, at a table where the lord Mountnorris was, (I think, the lord chancellor's,) he said, the gentleman "had a brother that would not have taken such a "blow." This coming some months after to the deputy's hearing, he caused a council of war to be called; the lord Mountnorris being an officer of the army; where, upon an article "of moving sedition, "and stirring up the soldiers against the general,” he was charged with those words formerly spoken at the lord chancellor's table. What defence he made, I know not; for he was so surprised, that he knew not what the matter was, when he was summoned to that council: but the words being proved, he was deprived of his office (being then vice-treasurer) and his foot-company; committed to prison; and sentenced to lose his head." The office and company were immediately disposed of, and he imprisoned, till the king sent him over a pardon, by which he was discharged with his life; all other parts of the sentence being fully executed.

For the business of Ireland; he complained much, "that, by an order from the committee "which prepared his charge against him, all his papers in that kingdom, by which he should "make his defence, were seized and taken from him; and, by virtue of the same order, all his goods, household stuff, plate, and tobacco (amounting, as he said, to eighty thousand pounds) were likewise seized; so that he had "not money to subsist in prison: that all those "ministers of state in Ireland, who were most privy to the acts for which he was questioned, " and so could give the best evidence and testimony on his behalf, were imprisoned under the charge of treason. Yet he averred, that he had "behaved himself in that kingdom, according to "the power and authority granted by his commis"sion and instructions, and according to the rules "and customs observed by former deputies and "lieutenants. That the monopolies of flax and "tobacco had been undertaken by him for the good of that kingdom, and benefit of his majesty: the former establishing a most beneficial "trade and good husbandry, not before practised "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 billeting of soldiers," (which was alleged to be treason, by a statute made in Ireland in the time of king Henry the Sixth,) "and the exercising of martial law, had been always prac"tised by the lieutenants and deputies of that "kingdom;" (which he proved by the testimony and confession of the earl of Cork and the lord Wilmot; neither of which desired to say more for his behoof, than inevitably they must. He said, "the act of parliament mentioned, of Henry the "Sixth, concerned 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 repealed by Poyning's act, in the eleventh year of Henry the Seventh: however, if it were not, "and that it were treason still, it was treason only "in Ireland, and not in England; and therefore, This seemed to all men a most prodigious course "that he could not be tried here for it, but must of proceeding; that, in a time of full peace, a peer "be transmitted thither." He said, "the council- of the kingdom and a privy-counsellor, for an un"table in Ireland had a large, natural, legal juris- advised, passionate, mysterious word, (for the exdiction, by the institution and fundamental cus-pression was capable of many interpretations,) "toms of that kingdom; and had, in all times, "determined matters of the same nature, which it "had done in his time: and that the proceedings "there upon plantations had been with the advice "of the judges, upon a clear title of the crown, "and upon great reason of state: and that the "nature and disposition of that people required a