them. " and are now absolved from the rules of govern- that terrible congregation should be kindled against "ment;" but not a word of the army in Ireland, or reducing this kingdom. The lord marquis Hamilton, the lord bishop of London, and the lord Cottington, being likewise examined, answered upon their oaths, "that they heard none of those "words spoken by the earl." And these were the only persons present at that debate, save only the archbishop of Canterbury, and Secretary Windebank, neither of which could be examined, or would be believed. The earl positively denied the words; alleged "much animosity to be in sir Harry Vane towards "him ;" and observed, "that not one of the other "witnesses, who were likewise present, and as like "to remember what was spoken as the secretary, "heard one word of the Irish army, or reducing "this kingdom: that, if he had spoken those "words, it could not be understood to be spoken "of England, but of Scotland, of which the discourse was, and for which that army was known "to be raised." He concluded, "that if the words were spoken by him, which he expressly denied, they were not treason; and if they were treason, "that, by a statute made in Edward the Sixth's "time, one witness was not sufficient to prove it, "and that here was but one." 66 But truly I have not heard that it made any impression upon those persons; it did not, I am sure, upon Mr. Lane, who argued the matter of law for the earl. The matters which were by him principally insisted on, and averred with such confidence as a man uses who believes himself, were these: 66 66 I. That by the wisdom and tenderness of parIliaments, which knew that there could not be a greater snare for the subject, than to leave the "nature of treason undefined and unlimited, all treasons were particularly mentioned and set "down in the statute of the 25 Edw. III. de Pro"ditionibus. That nothing is treason, but what is comprehended within that statute; all treasons "before that statute, as killing the king's uncle, "his nurse, piracy, and divers others, being re"strained and taken away by the declaration of "that act. And that no words or actions, in any "of the articles of the earl of Strafford's charge, "did amount to treason within that statute. 66 66 66 66 66 2. That by reason of the clause in that statute, "of declaring treason in parliament, divers actions were declared to be treasons in parliament, in the "time of king Richard the Second, to the great Seventeen days being spent in these skirmishes; prejudice of the subject: it was therefore specially the earl having defended himself with wonderful provided, and enacted, by a statute in the first dexterity and ability, concluded, "that if the whole year of the reign of king Henry the Fourth, charge (in which he hoped he had given their "chapter the tenth, which is still in force, that lordships satisfaction of his loyalty and integrity, nothing should be declared and adjudged trea"how great soever his infirmities were) was proved, son, but what was ordained in that statute of the "that the whole made him not guilty of high trea- 25 Edw. III. by which statute, all power of deson; and to that purpose desired, that his learned claring new treasons in parliament was taken "counsel might be heard;" and most pathetically away; and that no precedent of any such declaraconjured their lordships, "that, for their own sakes, "tion in parliament can be shewed since that time: they would not, out of displeasure or disfavour "all new treasons, made by any act of parliament "towards his person, create a precedent to the "in the reign of king Henry the Eighth, being by prejudice of the peerage of England, and wound "the statute of the first year of queen Mary, "themselves through his sides:" which was good" chapter the first, taken away, and restrained by counsel; and hath been since (though too late) acknowledged to be so. The next day, his counsel was heard in the same place to the matter of law. And here I cannot pass by an instance of as great animosity, and indirect prosecution, in that circumstance of assigning him counsel, as can be given. After the house of peers had assigned him such counsel as he desired, to assist him in matter of law, (which never was, or can justly be denied to the most scandalous felon, the most inhuman murderer, or the most infamous traitor,) the house of commons, upon some occasion, took notice of it with passion and dislike, somewhat unskilfully, "that such a thing should "be done without their consent;" which was no more, than that the judge should be directed by the prosecutor, in what manner to proceed and determine: others, with much bitterness, inveighing against "the presumption of those lawyers, that "durst be of counsel with a person accused by "them of high treason;" and moving, "that they might be sent for, and proceeded against for "that contempt:" whereas, they were not only obliged to it, by the honour and duty of their profession; but had been punishable for refusing to submit to the lords' orders. The matter was too gross to receive any public order, and so the debate ended; but served (and no doubt that was the intention) to let those gentlemen know, how warily they were to demean themselves, lest the anger of 66 3. That the foundation, upon which the im"peachment was framed, was erroneous; for that "(besides that it was confessed on all hands, that "the laws of the kingdom were not subverted) an "endeavour to subvert the fundamental laws and "statutes of the realm, by force attempted, is not "treason, being only made felony by the statute of "the first year of queen Mary, chapter the twelfth ; "which is likewise expired. That cardinal Wolsey, "in the thirty-third year of king Henry the Eighth, 66 same and if it be for words, within three months "after the same spoken, if the party be within the kingdom: whereas there was in this case only one witness, sir Henry Vane, and the words spoken six months before." " and condoling the sad condition of the kingdom, "by reason of the many illegal taxes and pres"sures, sir Harry told him, if he would call upon "him the next day, he would shew him some"what that would give him much trouble, and The case being thus stated on the earl's behalf," inform him what counsels were like to be followed the judgment of the lords, in whom the sole power of judicature was conceived to be, was by all men expected; the house of commons having declared, "that they intended not to make any reply to the argument of law made by Mr. Lane, it being "below their dignity to contend with a private lawyer." Indeed they had a more convincing" way to proceed by; for the next day after that argument, sir Arthur Haslerig, brother-in-law to the lord Brooke, and an absurd, bold man, brought up by Mr. Pym, and so employed by that party to make any attempt, preferred a bill in the house of commons, "for the attainder of the earl of Strafford "of high treason:" it being observed, that by what the earl had said for himself in the matter of fact and in matter of prudence, of the consequence of such an extraordinary proceeding; and by what had been said for him in the point of law; most sober men, who had been, and still were, full enough of dislike and passion against the earl, were not at all satisfied in the justice of the impeachment, or in the manner of the prosecution; and therefore, that the house of peers, which consisted of near one hundred and twenty, besides the bishops, and of" whom fourscore had been constantly attending the trial, were not like to take upon them the burden of such a judgment as was expected. The bill was received with wonderful alacrity, and immediately read the first and the second time, and so committed; which was not usual in parliaments, except in matters of great concernment and conveniency in the particular; or of little importance or moment to the general. Those who at first consented, upon slight information, to his impeachment, upon no other reason, but (as hath been said before) because they were only to accuse, and the lords to judge, and so thought to be troubled no more with it, being now as ready to judge, as they had been to accuse, finding some new reasons to satisfy themselves, of which one was, "They had gone too far to sit still, or retire.' A day or two before the bill of attainder was brought into the house of commons, there was a very remarkable passage, of which the pretence was, "to make one witness, with divers circumstances, as good as two;" though I believe it was directed in truth to an end very foreign to that which was proposed. The words of the earl of Strafford, by which "his endeavour to alter the "frame of government, and his intention to levy war," should principally appear, were proved singly by sir Henry Vane; which had been often averred, and promised, should be proved by several witnesses; and the law was clear, "that less than "two witnesses ought not to be received in case "of treason." "to the ruin of the kingdom; for that he had, in 66 And having said thus much, he read the paper in his hand; in which the day of the month was set down, and his majesty to be present, and stating the question to be, "What was now to be "done? since the parliament had refused to give "subsidies for the supply of the war against Scot"land." There were then written two LL's and a t over, and an 1 and an r, which was urged, "could signify nothing but lord lieutenant of Ireland;" and the words written and applied to that name were, Absolved from rules of government; Prosecute the war vigorously; army in Ireland to subdue this kingdom-;" which was urged, "to comprehend the matter of "the earl's speech and advice:" that paper by fractions of words (without mentioning any formed speech) containing only the results of the several counsellors' advice. Before those letters which were ordered to signify the lieutenant of Ireland, were an A.B.C.G. which might be understood to signify, the archbishop of Canterbury his grace; and at those letters, some short, sharp expressions against parliaments, and thereupon fierce advice to To make this single testimony appear as suffi- the king. Next in the paper, was an M with an r cient as if it had been confirmed by more, Mr. Pym over, and an Ho, which were to be understood for informed the house of commons," of the grounds marquis Hamilton, who was master of the horse; upon which he first advised that charge, and and the words annexed thereunto seemed to be was satisfied that he should sufficiently prove it. rough, but without a supplement signified nothing. "That some months before the beginning of this Then there was an L, an H, and an A, which must parliament, he had visited young sir Henry Vane, be interpreted lord high admiral, which was the "eldest son to the secretary, who was then newly earl of Northumberland; and from that hierogly"recovered from an ague; that being together,phic proceeded only a few words, which implied 66 66 66 When he had read this paper, he added; "That though there was but one witness directly in the point, sir Henry Vane the secretary, whose handwriting that paper was, whereof this was a copy; yet he conceived, those circumstances of "his and young sir Henry Vane's having seen "those original results, and being ready to swear, "that the paper read by him was a true copy of "the other, might reasonably amount to the validity of another witness and that it was no "wonder, that the other persons mentioned in" "that writing, who had given as bad counsel, "would not remember, for their own sakes, what "had passed in that conference; and that the earl" "of Northumberland (who was the only good "counsellor in the pack) had remembered some of "the words, of a high nature, though he had forgotten the other." 66 66 advice to the king, "to be advised by his parlia- was now satisfied to whom he owed his misfor"ment." Then there was La Cott. (which would "tunes; in which, he was sure, the guilty person easily be believed to signify the lord Cottington)" should bear his share. That it was true, being with some expressions as sharp as those applied to " in the north with the king; and that unfortunate the lieutenant of Ireland. son of his having married a virtuous gentle"woman, (daughter to a worthy member then present,) to whom there was somewhat in justice "and honour due, which was not sufficiently "settled; he had sent his keys to his secretary; "not well knowing in what box the material writ'ings lay; and directed him to suffer his son to "look after those evidences which were necessary: " that by this occasion, it seemed, those papers "had been examined and perused, which had begot much of this trouble. That for his part, after the summons of this parliament, and the king's return to London, he had acquainted his majesty, that he had many papers remaining in his hands, of such transactions as were not like "to be of further use; and therefore, if his majesty " 'pleased, he would burn them, lest by any acci"dent they might come into hands that might "make an ill use of them: to which his majesty consenting, he had burned many; and amongst "them, the original results of those debates, of "which that which was read was pretended to be a copy: that to the particulars he could say no'thing more, than what he had upon his examina"tion expressed, which was exactly true, and he "would not deny; though by what he had heard "that afternoon (with which he was surprised and “ amazed) he found himself in an ill condition upon that testimony." 66 66 When Mr. Pym had ended, young sir Harry Vane rose, in some seeming disorder; confessed all that the other had said; and added, "That his "father being in the north with the king the summer before, had sent up his keys to his secretary, "then at Whitehall; and had written to him (his son) that he should take from him those keys, "which opened his boxes where his writings and "evidences of his land were, to the end that he might cause an assurance to be perfected which "concerned his wife; and that he having perused "those evidences, and despatched what depended "thereupon, had the curiosity to desire to see what was in a red velvet cabinet which stood with the "other boxes; and thereupon required the key of "that cabinet from the secretary, as if he still "wanted somewhat towards the business his father "had directed; and so having gotten that key, he found, amongst other papers, that mentioned by "Mr. Pym, which made that impression in him, "that he thought himself bound in conscience to "communicate it to some person of better judg"ment than himself, who might be more able to prevent the mischiefs that were threatened there"in; and so shewed it to Mr. Pym; and being "confirmed by him, that the seasonable discovery "thereof might do no less than preserve the king"dom, had consented that he should take a copy "thereof; which to his knowledge he had faithfully done and thereupon had laid the original "in its proper place again, in the red velvet cabinet. "He said, he knew this discovery would prove "little less than his ruin in the good opinion of "his father; but having been provoked by the "tenderness of his conscience towards his common parent, his country, to trespass against his "natural father, he hoped he should find compassion from that house, though he had little hopes of pardon elsewhere." 66 66 : The son no sooner sat down, than the father (who, without any counterfeiting, had a natural appearance of sternness) rose, with a pretty confusion, and said, "That the ground of his misfortune was now discovered to him; that he had been "much amazed, when he found himself pressed by such interrogatories, as made him suspect some discovery to be made, by some person as "conversant in the counsels as himself: but he 66 This scene was so well acted, with such passion and gestures, between the father and the son, that many speeches were made in commendation of the conscience, integrity, and merit of the young man, and a motion made, "that the father might be en"joined by the house to be friends with his son :" but for some time there was, in public, a great distance observed between them. Many men wondered very much at the unnecessary relation of this story; which would visibly appear very ridiculous to the world, and could not but inevitably produce much scandal and inconvenience to the father, and the son; who were too wise to believe, that those circumstances would add any thing to the credit of the former single testimony: neither was there ever after any mention of it in public, to move the judgment of those, who were concerned to be satisfied in what they were to do: and therefore some, who observed the stratagems used by that party to compass their own private ends, believed that this occasion was taken to publish those results, only to give the lord Cottington notice in what danger he was, that so he might wisely quit his mastership of the wards to the lord Say; who expected it, and might be able, by that obligation, to protect him from farther prosecution: and so that they meant to sacrifice the reputation of the secretary to the ambition of the lord Say. But without doubt (though this last consideration was very powerful with them) the true reason of the communication of this passage was, that they found it would be impossible to conceal their having received the principal information from the secretary, for their whole prosecution; by reason some of the committee, who were intrusted to prepare the charge against the earl of Strafford, and consequently were privy to that secret, were fallen from them; at least from their ends; and therefore they thought fit to pub- | lish this history of their intelligence, that it might be rather imputed to the conscience and curiosity of the son, than to the malice and perjury of the father. 66 66 names written in pieces of parchment or paper, under this superscription, STRAFFORDIANS, or enemies to their country; and those papers fixed upon posts, and other the most visible places about the city; which was as great and destructive a violation of the privileges and freedom of parliament, as can be imagined: yet, being complained of in the house, not the least countenance was given to the complaint, or the least care taken for the discovery. The persons, who had still the conduct of the designs, began to find, that their friends abroad (of whose help they had still great need, for the getting petitions to be brought to the house; and for all tumultuous appearances in the city; and negociations with the common council) were not at all satisfied with them, for their want of zeal in the matter of religion; and, though they had branded as many of the bishops, and others of the prelatical party, as had come in their way; and received all petitions against the church with encouragement: yet, that there was nothing done, or visibly in projection to be done, towards lessening their jurisdiction; or indulging any of that liberty to their weak brethren, which they had from the beginning expected from them. And then, the discourse of their ambition, and hopes of preferment at court, was grown public, and raised much jealousy of them. The bill of attainder in few days passed the house of commons; though some lawyers, of great and known learning, declared, "that there was no ground or colour in law, to judge him guilty of high treason:" and the lord Digby (who had been, from the beginning, of that committee for the prosecution, and had much more prejudice than kindness to the earl) in a very pathetical speech declared, "that he could not give his con"sent to the bill; not only, for that he was un"satisfied in the matter of law, but, for that he was more unsatisfied in the matter of fact; those words, upon which the impeachment was principally grounded, being so far from being proved by two witnesses, that he could not acknowledge "it to be by one; since he could not admit sir Harry Vane to be a competent witness, who being first examined, denied that the earl spake "those words; and upon his second examination, "remembered some; and at his third the rest of "the words:" and thereupon related many circumstances, and made many sharp observations upon what had passed; which none but one of the committee could have done for which he was presently after questioned in the house; but made But the truth is, they who had made in their his defence so well, and so much to the disadvan-hearts the most destructive vows against the church, tage of those who were concerned, that from that time they prosecuted him with an implacable rage and uncharitableness upon all occasions. The bill passed with only fifty-nine dissenting voices, there being near two hundred in the house; and was immediately sent up to the lords, with this addition, "that the commons would be ready the next day in Westminster-hall, to give their lordships "satisfaction in the matter of law, upon what had passed at the trial.” 66 The earl was then again brought to the bar; the lords sitting as before, in their robes; and the commons as they had done; amongst them, Mr. Saint-John, (whom his majesty had made his solicitor general since the beginning of parliament,) from his place, argued for the space of near an hour the matter of law. Of the argument itself I shall say little, it being in print, and in many hands; I shall only remember two notable propositions, which are sufficient characters of the person and the time. Lest what had been said on the earl's behalf, in point of law, and upon the want of proof, should have made any impression in their lordships, he averred, "That, in that way of bill, private satisfaction to each man's conscience was "sufficient, although no evidence had been given "in at all:" and as to the pressing the law, he said, "It was true, we give law to hares and deer, "because they be beasts of chase; but it was never accounted either cruelty, or foul play, to "knock foxes and wolves on the head as they can "be found, because they be beasts of prey.' In a word, the law and the humanity were alike; the one being more fallacious, and the other more barbarous, than in any age had been vented in such an auditory. The same day, as a better argument to the lords speedily to pass the bill, the nine and fifty members of the house of commons, who (as is said before) had dissented from that act, had their never durst communicate their bloody wishes to their best friends, whose authority gave them their greatest credit. For besides that their own clergy, whose hands they produced in great numbers to complaints against the innovations, which had (as they said) been introduced; and against the ceremonies, which had been in constant practice since the reformation, as well as before; were far from being of one mind in the matter or manner of what they wished should be altered; as appeared whenever they appeared before the house, or a committee, when any of them were asked questions they did not expect; there was less consent amongst their lay-friends, in ecclesiastical affairs, than amongst the other. The earl of Bedford had no desire that there should be any alteration in the government of the church; and had always lived towards my lord of Canterbury himself with all respect and reverence, and frequently visited and dined with him; subscribed liberally to the repair of St. Paul's church, and seconded all pious undertakings: though, it is true, he did not discountenance notoriously those of the clergy who were unconformable. The earl of Essex was rather displeased with the person of the archbishop, and some other bishops, than indevoted to the function; and towards some of them he had great reverence and kindness, as bishop Moreton, bishop Hall, and some other of the less formal and more popular prelates: and he was as much devoted as any man to the Book of Common Prayer, and obliged all his servants to be constantly present with him at it; his household chaplain being always a most conformable man, and a good scholar. In truth, in the house of peers there were only at that time taken notice of, the lords Say and Brooke, and they believed to be positive enemies to the whole fabric of the church, and to desire a dissolution of that government; the earl of War wick himself having never discovered any aversion to episcopacy, and much professed the contrary. In the house of commons, though of the chief leaders, Nathaniel Fiennes, and young sir Harry Vane, and shortly after Mr. Hambden (who had not before owned it) were believed to be for root and branch; which grew shortly after a common expression, and discovery of the several tempers: yet Mr. Pym was not of that mind, nor Mr. Hollis, nor any of the northern men, or those lawyers who drove on most furiously with them: all who were pleased with the government itself of the church. The first design that was entertained against the church; and which was received in the house of commons with a visible countenance and approbation of many, who were neither of the same principles or purpose; was a short bill that was brought in, "to take away the bishops' votes in parliament; "and to leave them out in all commissions of the "peace, and with relation to any temporal affairs." This was contrived, with great deliberation and preparation, to dispose men to consent to it: and to this many of the house of peers were much disposed; and amongst them, none more than the earl of Essex, and all the popular lords; who observed," that they seldom carried any thing "which directly opposed the king's interest, by "[reason of] the number of the bishops, who, for "the most part, unanimously concurred against it, "and opposed many of their other designs and they believed that it could do the church no "harm, by the bishops having fewer diversions "from their spiritual charges." : 66 66 66 administered much pleasure to very many who loved neither of them. When the bill was put to the question, Mr. Hyde (who was from the beginning known to be an enemy to it) spake very earnestly "for the throwing it out;" said, "It was changing the whole frame and constitution of "the kingdom, and of the parliament itself: that, "from the time that parliaments began, there had never been one parliament, when the bishops were not part of it: that if they were taken out "of the house, there would be but two estates " left; for that they as the clergy were the third estate, and being taken away, there was nobody " left to represent the clergy: which would intro"duce another piece of injustice, which no other part of the kingdom could complain of, who were "all represented in parliament, and were therefore "bound to submit to all that was enacted, because "it was upon the matter with their own consent: whereas, if the bishops were taken from sitting "in the house of peers, there was nobody who "could pretend to represent the clergy; and yet they must be bound by their determinations." 66 When he had done, the lord Falkland, who always sat next to him, (which was so much taken notice of, that, if they came not into the house together, as usually they did, every body left the place for him that was absent,) suddenly stood up, and declared himself "to be of another opinion; "and that, as he thought the thing itself to be absolutely necessary for the benefit of the church, "which was in so great danger; so he had never "heard, that the constitution of the kingdom "would be violated by the passing that act; and "that he had heard many of the clergy protest, "that they could not acknowledge that they were represented by the bishops. However we might presume, that if they could make that appear, "that they were a third estate, that the house of peers (amongst whom they sat, and had yet their votes) would reject it." And so, with some facetiousness, answering some other particulars, concluded, "for the passing the act." 66 In the house of commons, they used that, and other arguments, to remove the prejudice from it; and, as there were many who were persuaded, that the passing that bill would be no prejudice; and were as unwilling, that the bishops should be justices of peace, and in any other secular commissions, as the lords were that they should not sit with them so they prevailed with others, who heartily desired that there might be no such diminution of their honour and authority, by persuading them, "That there was so great a concurrence "towards the passing this bill; and so great a "combination throughout the nation against the "whole government of the church, and a resolu❝tion to destroy it absolutely in which the Scots were so resolutely engaged, that they discoursed " in all companies, that it was impossible for a firm peace to be preserved between the nations, if bishops were not taken away; and that the army "would never march out of the kingdom, till that were brought to pass: but that if this bill were once passed, a greater number in both houses "would be so well satisfied, that the violenter party would be never able to prosecute their "desires." And this reason did prevail over many men of excellent judgments, and unquestionable affections; who did in truth at that time believe, "that the passing this act was the only expedient had been deceived, and by whom ;" and con"to preserve the church :" insomuch, as when it fessed to his friends, with whom he would deal was brought into the house, it found a better re- freely, "that Mr. Hambden had assured him, that ception than was expected; and some men, who," if that bill might pass, there would be nothing others thought, would have opposed it, spake on its behalf, expressing their desire "that it might pass." 66 66 The house was so marvellously delighted, to see the two inseparable friends divided in so important a point, that they could not contain from a kind of rejoicing; and the more, because they saw Mr. Hyde was much surprised with the contradiction; as in truth he was; having never discovered the least inclination in the other towards such a compliance: and therefore they entertained an imagination and hope that they might work the lord Falkland to a farther concurrence with them. But they quickly found themselves disappointed; and that, as there was not the least interruption of close friendship between the other two; so, when the same argument came again into debate, about six months after, the lord Falkland changed his opinion, and gave them all the opposition he could: nor was he reserved in acknowledging, "that he |