A DECLARATION Showing THE NECESSITY Of the EARL OF strafford's Suffering.  
Printed in the year 1641.   

THE NECESSITY OF THE EARL OF strafford's SUFFERING.  
SIR,  
TO give you my advice why it is likely and most probable, I will give you my reason; as causes produce effects, elevation and near approach of the Sun argueth Spring; greenness and flowers, declare Summer; throws antecedents of nativity; clouds portend rain, and laying the cloth a preparation for dinner: He the Earl of strafford's escape of punishment, must of necessity raise a lamentable storm in our calm, as invading our liberties, shipwrecking property of goods, causing punishment upon his impeachers, so that the triennial Parliament will be of no such force as is expected; for besides it will encourage others to do the like insolences, oppressions, extortions, outrages and tyrannies; it will undo our State: consider we therefore his Physiognomy, posture of person, proud carriage, and insolent behaviour, it may easily foretell the future, as falling leaves winter; for his palled colour showeth revenge; his sour face, cruelty; his stooping and looking to the earth, avarice; his gate, pride; and his demeanour, insolency; for revenge is odious in greatness, cruelty abominable in governor's, avarice hateful to God and man, as appears by his sole engrossing commodities in Ireland, and therefore he will be homo hominibus lupus, proud in Magistracy, insolent in supreme place, which will breed contempt, contempt impatience, impatience fury, fury rebellion, and rebellion ruin of King and people, for he hath been so invested by the devil in all deeds, as he can be changed no more than the Leopard from spots, or the Negro from blackness, and who shall undertake to alter him, laboureth in vain.  
The Duke of Ireland Michael de la Pool & his confederates, caused the breaking of the Parliament, when the Parliament had made the Duke of Gloucester and others Commissioners to reform abuses, which were a mighty pressure then, but those Monsters made all those faithful Ministers of State, conspirators against King Richard the second and his prerogative, though these caterpillars were delinquents and laboured the demolition and overthrow of the whole Estate; wherefore it hath been a rule, that an ill instrument hath always been made incapable of government and can be of no use, for the postea; such always have brought an ad quod damnum to the Prince, and mischief to the Common wealth; for he is as subtle as Lewis the eleventh, libidinous as Tiberius, cruel as Nero, covetous as rich Croesus, as terrible as Phalaris, and mischievous as Sejanus, and at the same end may he arrive. I will never believe but he aims at Monarchy whose actions spin threads of Empire not easy to be numbered, and therefore is worthy of no compassion of King or Parliament: for this cause there is no more worthy subject of ruin then the acquests of his manifold deeds; now the Deer which escapes the toil is more mannish, the mad Bull wounded and let lose doth more mischief: so if the Earl shall get out of the net he will be more savage than before, like the Duke of Ireland persecuted the Patriots of the Common wealth: for revenge in cold blood is more dangerous then in passion, like the Mastive worried returns with others to kill.  
Consider therefore his wicked facts, in the frontispiece of which, his setting enmity between the two Nations England and Scotland, brothers and subjects to one Sovereign, his exercising regal authority in Ireland, in impoverishing that Kingdom, fining, imprisoning, causing divers to die, putting out hundreds from their estates by force and arms, starving others for want of flax and materials, imposing new oaths against Law, and finally breaking up the last Parliament. All which are high treason and are so adjudged in the case of the Duke of Ireland and his confederates in the sixth of Richard the second.  
Certainly by these barbarous actions he hath caused the Subjects of England, Scotland and Ireland to murmur against the Diadem; for the highest treason of all is to cause the Throne to be despised, the Power neglected, and his subjects to rebel, which in all ages hath been held (by Civil and Common Law) a most abominable Damnum Majestatis, worse than hurt of Majesty; for if Otho Grandorser for making division between the Palatine of Rhine and his mother lost his tongue and eyes much more, causing Subjects rebel (members of the same heads) ought to be loss of life; The King's regal power hath been obstructed and intercepted, eclipsing the shining Throne; it could not command their affections, persons, purses, nor cause them fight against the Scots, whom they thought honest and good Subjects: and not to insist upon one fact, hath not he caused men to be shot to death and executed? So Alvarode Luna for such pride, in causing a Gentleman of Spain to have his neck broke out of a window, because he spoke ill of him, was executed, though a great favourite, and upon this reason that it procured the hatred of the people against the King.  
It is no answer to allege that he did it by a council of war, for it hath no power in peaceable times where the quarrel is for the Subjects right and religion, which the Prince cannot nor ought divorce them from; yea some of them have been sacrificed to appease the people, though happily not guilty of death; as Commodus the Emperor caused Cleandor to die to appease the multitude, which Emperor was much commended by the Historians of that time: for that wicked instruments of State have no bridle but fear of punishment; for which cause the inventors of Gabells' impositions and such like have been rewarded with death; hath not he impoverished the Subjects of Ireland and the County of York, it is most certain he hath; his ambitious mind hath caused him oppress Ireland, as Sejanus the Roman Monarchy, who received his demerits a shameful death; his averice in a Subject hath undone the Merchants of Ireland, and oppression of Subjects by Subjects deserveth death: and to say the truth this man is greater than his Ancestors, less than his thoughts; which like a whirlwind hath carried him to so abominable courses as hath been brought to pass, man cannot receive, nor fortune give more; if she had not made him a King it was because she esteemed it a less thing to make him a head of an Empire, then give the head of Monarchy to the prey of one; health, wit, riches, greatness and honour, are gifts impoverish the foundress, if after the gift her avarice did not retake them.  
There was only the Duke of Ireland had so absolute a power in Ireland, as he. The first laboured to be absolute Duke of Ireland, and so will this if he be not cut off in his career: for as others then, so the Papists now, (who are the greater part of Ireland) would if it were in their power make him a King: wherefore it appears necessary, that he should have condign punishment, for wickedness unpunished diminisheth not, but increaseth force; the physic which this Parliament should administer to the sick state of the Commonwealth, is seasonable, for nothing is more dangerous in the beginning of fevers then not to let blood, and it is mortal in gangrenes not to cut off a member; the house of Commons hath voated him a traitor, the grand jury of the Kingdom as hath been said in other Parliaments; and shall he go unpunished (God forbidden?) likewise he hath had a most honourable trial before the three Estates, with divers testimonies upon the several Articles, convinced with proofs; therefore the Lords by the Earl Martial ought as in other Parliaments to give sentence, for it appears by the 25. of Ed. the third Cap. 2. That the Parliament only hath power to express and declare what is treason, and to sentence it in cases not specified by the aforesaid Statute, the words are these.  
That if any other case supposed treason not above specified, shall happen before the Judges they shall tarry till the Parliament come, before they give sentence, that the cause be declared before the King and the Parliament, whether it ought to be adjudged treason or felony; and this Statute is perpetual, no probationer; though in the Statute of three and thirtieth of Henry 8. Cap. 10. the Judges have power to attaint by a Jury, in cases expressed aforesaid, by which the attainted forfeits all his lands to the King, who shall be in actual and real possession of the same lands, tenements, hereditaments, uses, goods, chattels, as if the attainder had been by authority of Parliament; and so it is reported by Cook and Dier; and in a Parliament in Henry the sixth time, all the Judges of England were of the same opinion, when Thorpe Speaker of the house of Commons, in an adjournment of six weeks, was imprisoned; and at the recess of the said Parliament, upon complaint of the Commons, the fact being censured in the house of Commons and transmitted up to the Lords, the Lords asked the opinion of the Judges, the Judges answered they had no power to judge of any Act of the house of Commons, but were subject to them, and what the house of Commons should set down was Law; by which it appears plainly they have power to declare the facts of the Lord Strafford treason, which I humbly submit to the high Court of Parliament.  
And whereas it is observed that all Papists speak well of him and his actions, it is very likely in recompense thereof he would bring in Popery vi & armis, having power under his Majesty to raise arms, and all for a Bulwark to support his greatness, like to that of France.  
Now the cause of God is in our hands, which if you omit, you shall never have the like opportunity to do God and the King good service.  
Wherefore my prayer to God shall be to open his Majesty's eyes to see the danger he and all we are in.  
Gloria Deo, Filio, & Spiritu sancto.  
FINIS.