THE REPLICATION OF Master Glyn, In the name of all the Commons of ENGLAND, to the general answer of THOMAS Earl of Strafford, Lord Lieutenant of Ireland, to the several Charges exhibited against him in Parliament by the house of Commons, April the 13. 1641. London Printed, 1641. The Replication of Mr Glyn, in the name of all the Commons of England, to the general answer of Thomas Earl of Strafford L. Lieutenant of Ireland, to the several Charges exhibited against him in Parliament, by the House of Commons, April the 13. 1641. My Lords, BEE pleased to give me but a little respite, and I make no doubt but to represent to your Lordship's Thomas Earl of Strafford, now prisoner at the Bar, as subtle in his answers, as he hath been cunning in his practices. The said Master Glyn retiring himself for the space of half an hour, and returning, thus began. My Lords, We are here entrusted by the house of Commons, in the name of all the Commons of England to recollect our evidence, and to apply it to the general charge, whereunto it is directed. My Lord of Strafford recollecting the evidence of his defence (under favour) did express how subtle he therein was, which I shall make appear to your Lordships in sundry particulars. But my Lords, before I enter upon it, I shall make some observations and answers to that, reducing it again to that method, though not so exactly (I fear) as I have proposed it to myself. It will easily appear to your Lordships; That the Earl of Strafford hath expressed whatsoever may seem to make for him, but concealed the rest. He hath misrecited, and miswrested proofs, both on his own side and ours. He hath My Lords, taken this advantage, that it might make for his defence. He hath disjointed those testimonies and witnesses that made against him: That they might appear like small scattered drops of rain, which nevertheless being gathered together, would overflow the body of the earth itself. My Lords, I doubt not in the general, but to make good what I have spoken against him, who hath made a flourish this day (as he hath formerly) that if he had longer time, he is confident he could have cleared himself of those great crimes wherewith he stands charged. Give me leave therefore to inform your Lordships, that he is no way scanted by time, whatsoever his flourishing Rhetoric may endeavour to insinuate. My Lords, it may as easily, as plainly appear, that there is nothing wanting to him, for he hath several Copies of papers of the Council-table here, and of the Parliament in Ireland, and yet he still pretends, he is not ready; only to protract and gain time. My Lords, he hath often mentioned this day, and the day before, that many Articles wherewith he stands charged, are proved but by one witness, and therefore he takes advantage of the Statute, 1 Edw. 6. That a man ought not to be condemned by one witness. My Lords, This is a fallacy of his own heart, for the several charges against him are not deposed by one witness only, but many. My Lords, His charge is for subverting the fundamental Laws of the Land, and endeavouring to introduce a tyrannical government. If your Lordships put these together, you shall find clearly, by how weak a thread his answers hang. My Lords, Another comparison I shall be bold to make, is, That he was pleased to cast an aspersion in the entrance of his answer, upon those which were and are entrusted by the house of Commons; by pretending the several charges were not proved, which indeed are proved sufficiently. My Lords, We stand here to justify and maintain what we have spoken, and however he is pleased to cast it upon us, we are bold to retort it upon him, but should be loath to be so guilty in this, as he is found in the several charges. My Lords, He hath been pleased to make a general plea, that these particulars, though put together in one body, cannot possibly make a Felony, nor 100 Felonies a Treason; instancing in that of a bloody knife in a murderer's hand, but I make no doubt he well knows, that the case of murdering a private man, and of a whole Kingdom differ, and that there may be Treason intended in the latter, though by God's mercy prevented. He that intends to kill a King, though it be not perpetrated, is nevertheless guilty of high Treason, yet a King, though murdered, may live in his posterity; but to kill the whole Kingdom, and their posterity, to bring them into perpetual bondage and slavery, if this be not high Treason, and the highest degree of Treason, I must profess I yet know not what Treason is. Besides, my Lords, (under favour) I shall put you in remembrance, that Faux, the greatest and most desperate Traitor that any Age hath brought forth, might have pretended this excuse, That the taking in of barrels of gunpowder, and putting them under the parliament house, laying the train of powder, and kindling the match (to execute the most horrid villainy that ever hell teemed) was no treason, because not effected; but if you consider the circumstances, you will find it capital treason, and he might have had as much excuse for his villainy, as the Earl of Strafford in this case. My Lords, Thomas Earl of Strafford endeavoured and attempted to kill the Laws, the fundamental Laws of this kingdom: and if this be not high treason, it may with very good reason seem strange. My Lord of Strafford distinguisheth of treasons, viz. That there are treasons by Statute at Common Law, and treasons arbitrary or constructive. My Lords, Be pleased to give me leave to trace him a while, and afterwards to discharge my duty, truly to represent the cause, and I will avoid (as much as I can) falling into my Lord of strafford's error. My Lords, he beginneth with the fifteenth article, and pretends the substance of the Charge is, That he caused a warrant to be executed by Robert Savil Sergeant at arms, and divers others, (who as he conceives, ought not to swear in his own justification) and that he condemned the proceed of the Council board in Ireland. Now saith he, this warrant is not produced. But my Lords, The Judges know and will tell you, That if a man be charged with felony, although the thing stolen be not produced, yet nevertheless the man stands charged. I say therefore this is but a new way and invention, found out newly by his Lordship (for aught I can see) to commit high treason, and to say he had a warrant for it. I beseech your Lordship's patience, and I trust to c●eare this assertion; and whereas he pretends the Sergeant at arms to be no competent witness, I wonder much at it. He is pleased to spend much of his Rhetoric when he saith, That moneys were levied but by two or three soldiers, and no more. But your Lordships know it is as much mischief to be overmastred by four, as four thousand. Your Lordships may remember, that the warrant doth not particularly express the number of men that should raise it in that warlike manner. I might as well say, The King hath given me an army in Ireland, therefore I will turn it upon the bowels of the King's people. I thought, my Lords, he would have insisted upon the other two articles, but it seems he hath been better advised. And for the fears of his transporting the Irish army, my Lords, those fears were warrantable and just. The Commons of England also feared, and justly, or else they would never have charged him therewith. And the Lo. fears he mentioned arise from a true and real cause, and he hath showed himself a good subject in this and all other things, and whatsoever my Lord of Strafford is pleased to say against him, his reputation stands untainted. Whereas he citeth that of Master Treasurer Vanes Charge, who affirms he said (speaking at that time of a defensive war with Scotland) Your Majesty hath hied all ways and means, and in this your extreme necessity, for your own and your people's safety, you may employ the Irish army to reduce this Kingdom to obedience. My Lords, we could plainly have proved this testimony by notes taken by Secretary Vane (which notes were accordingly taken the beginning of the last June) and by two other witnesses; because he affirmeth he could have proved the contrary. My Lords, I tell you what testimonies we could have brought (if there had been need) to prove his intentions to bring in the Irish army. True it is, the last recited words were spoken by Master Treasurer Vane the fifth day of May; whereas he saith, How can it be true, for the Army was not on foot a month after. Yet, with his Lordship's favour, in April before, he had given order for it: so that (my Lords) this objection is taken away out of his own testimony. Now, my Lords, before I fall upon the other words which he calls constructive, I shall humbly desire your Lordships to look on your notes how he handled the argument. My Lords (saith he) I am taxed to say, that Ireland was a conquered Nation, Ergo I am a Traitor for speaking truth. If your Lordships please to look on the articles, you shall find how he doth dissect and cut them in several pieces, to serve his own turn. And so I descend to the fourth article, which he saith was proved but by one witness: but I do extremely wonder that he should affirm it, for it was proved by three or four several Witnesses, and the words themselves were proved by four witnesses, to be exceeding often spoken by him: and if we would have troubled your lordships with more proofs, we could have proved almost as many charges against him, as he remained days in Ireland. My Lords, than he falls back to the second article, where he should have expressed these words, viz. That the Kings little finger should be heavier than the loins of the Law. This, my Lords, was expressly proved by five witnesses, to make good the charge; and therefore with your Lordship's patience, you shall find it by plain demonstrations fully proved. My Lords, I shall not answer to his pieces, but bring them together, and then their foulness will more fully appear. Whereas he mentions, That of the King's prerogative for raising of moneys, and particularly that of the Ship money, by the judge's testimony to be law; My Lords, for him to bring in that which is already condemned, and proved contrary to Law; For him therefore to counsel a King, that he is absolved and free from all rules of government, to invade upon posterity, to make denial of property: my Lords it rests in your great judgements, and in all that hear me, what argument this is of defence; but 'tis no wonder: for more of the like stuff follows. My Lords, He stands charged for bringing two armies into the field; and thinks to put it off, by saying he had been in the country. My Lords, I shall make it appear, that the providing of this war was the principal and main design to bring his ends about. My Lords, in the passage hereof he saith, that Secretary Vanes words were, That himself was for a defensive war; but he for an offensive: & that there was no difference in these. Which may well be strange to any reasonable man, that there should no difference at all be set, betwixt defending a man's self, and offending others. My Lords, In the 24 Article he mentions part of the Charge, That he was an occasion of the dissolution of Parliaments. Whereto he answers, It is not proved. But my Lords it shall appear to be indeed, as the Witnesses have already dedeposed. He goes on with these words: Can any man think him the occasion of breaking up Parliaments? when such counsels would have been a hindrance to his own designs. My Lords, He comes from thence to the seven and twentieth Article, and answereth, That it seems very strange to him, That people should once imagine, that a man can walk so safely 'twixt two Armies in time of war, as an Attorney, who in Term goes from one Bench to another, with a bundle of Papers under his girdle. My Lords, he makes it very strange, that he should be charged with treasons for subverting the laws of this kingdom. My Lords, I answer: Doth not the Law make it treason to kill a Judge on the Bench? For why, he is the living voice of the Law: And shall not he that kills the King in his people, be equally guilty? And whereas he allegeth, He never purposed to introduce a tyrannical government, or to subvert the fundamental laws of this Kingdom; I answer (my Lords) although, praised be God, he hath not effected it, yet it is too apparent he intended it. My Lords, The sole help the Subject hath to conserve his liberties, if he be detained against Law, is by prohibition, or Habeas Corpus: And yet both of these were by him restrained; and I refer it to your Lordship's great judgements, whether this was not, as much as in him lay▪ to introduce an arbitrary power in the King. And my Lords, Whereas he saith as aforesaid, That the Kings little finger should be heavier than the loins of the Law: (for he buzzed this into the People's ears, that they should find it so) and then to speak those words at such a time, when the body of the Kingdom was to meet, was such a vile matter, and a crime of so exorbitant a nature, that it endangered a general insurrection against Majesty, and this is proved by five witnesses, and not disproved by any, but Sir William Penniman, who saith, he heard them not; yet nevertheless if five would say such a thing, and other five deny it, the affirmative aught to sway. My Lords, When he was sent into Ireland with commission and authority, it was not long but he pursued his intents, and produced them into act, and had not God blown upon his devices, he had wrapped us all up in desolation. And then my Lords, that he, when all the lights of Justice were open, should execute such punishment on a Peer of the Realm of Ireland, (as sufficiently appears) doth plainly demonstrate his mischievous intents. My Lords, That he which is under the Law, should take a power above Law, nay, without and against Law, in putting a man to death. My Lords, I shall not omit somewhat he thereupon said, That he hoped to have pardon of your Lordships therefore, if he did any thing amiss therein. Moreover, (my Lords) he adjudged my Lord Corks estate, a lay fee dependant upon the Church, and deprived him thereof by a paper petition, which was a course usual with my Lord of Strafford, to put men out of their inheritance, against all law or equity. My Lords, He goes further, and saith, That he would make my Lord Cork, and all Ireland know, That Acts of Council are equal, and should be as binding to the Subjects of that Kingdom, as Acts of Parliament. My Lords, Here he judged also another, though a Peer, puts him out of his inheritance, and yet cannot find one precedent to ground him for his so doing. The next is the 27. Article, whereto he makes his defence, when as he was not yet charged. And whereas he allegeth, That seeing the Warrant he sent, he presently recalled it, and recalled it willingly, therefore he hopes favour from your Lordships. My Lords, The Warrant was three whole years in execution before it was recalled. Your Lordships have heard, he is not contented herewith, but spreads it over the face of the whole Kingdom, and arrogates authority to himself above the Laws in his answer to the 10. Article, touching his notorious abusing of the King in his Customs: He pretends It is rather matter of fraud than otherwise; (which tends to his Majesties so great disservice) and this plainly appears, for the King hath lost thereby extremely. His Majesty lost 5000. pound per an. of the old Rents. And my Lords, for the Earl of Strafford, he hath gotten 100000 pounds by Tobaco at least, besides his other Monopolies. My Lords, In pursuance of his intents he crossed the proceed of the whole court of parliament in Ireland. The next charge against him is upon the nineteenth Article, For endeavouring the subversion of the fundamental laws of both kingdoms, and that he should compel conscience, by forcing the King's subjects there, to take an oath contrary to Law and justice. My Lords, this his design to subvert the Law, and exercise power above the Law, was a design conceived in his heart long before it was executed; That the King might do every thing that power would admit, and that the King, if he pleased, might reduce this kingdom to obedience, by the army he had in Ireland. My Lord Primate testifies, That before the Parliament he said, That if the Parliament would not apply themselves to his Majesty▪ the King was acquitted before God and man, and might make use of his prerogative. My Lord Conway chargeth him with the same; adding withal, That if he took this course, the people would give 12 Subsidies. Whereupon a Parliament was called, but soon by his means dissolved, and so the King's necessities unsupplied. Either therefore my Lord of Strafford must be thought a Prophet, of else that he projected and effected the dissolution of the Parliament. The next Article is, That he told and counselled his Majesty, That the City was undutiful and unthankful, and that no good would be done with them till they were made an example, and laid by the heels, and some of the Aldermen hanged up. My Lords, That he gave this counsel, plainly appears, for thereupon four Aldermen were instantly committed. So that it is evident, the Earl of Strafford had premeditated this design. Now my Lords put all these together, whether the occasion of the war, and dissolving of the Parliament, were not the end of his devices and counsels, to bring this kingdom to an arbitrary and tyrannical government. So, my Lords, if words & intentions, if counsels and actions, of such dangerous consequence to whole kingdoms, be a sufficient evidence of a design to subvert the Laws, I hope I have satisfied your Lordships therein. And so, my Lords, I have done with the proofs on the Commons side. My Lords, I mentioned the seventeenth Article before, which spoke of making a Warrant to levy the King's money by force: This, my Lords, was acted at the command of the Deputy, as it is confessed▪ by Sir William Pennyman. My Lords, It is plain my Lord of Strafford commanded it: for Sir William saith that the Warrant was made at the pursuance of the direction of my Lord of Strafford. Put all these together, and I doubt not but he will be found, and it will plainly appear he is the occasion of all the evils that have fallen upon the Nation, wherewith he is charged in this article. I come now, my Lords, to the last passage my Lord of Strafford hath expressed, which I will observe. For the first, my Lords, please you to take notice how he begs your pity and compassion. My Lords, If he had exercised compassion towards others, he might perhaps have expected some extenuation, some mitigation of his offences. But when he hath been the Incendiary to so many mischiefs, and calamities which have befallen and infested his Majesty's Subjects both in England, Scotland, and Ireland, how can he hope or expect but that the reward of his hands be given him. My Lords, Your Lordships have heard him often say, it is very strange he should be questioned for words, being no matter of fact, and therefore to sweep away him, and his posterity from among the living, for things (as he saith) of no consequence, of no solidity at all, is very hard. My Lords, I answer, what respect, what pity, or Christian compassion did he ever demonstrate, when he was in his Kingdom, in Ireland, when he caused those that refused to pay, to be committed; when he compelled the great Council of the Kingdom to stoop to his devices, when he trampled on the Peers, and oppressed the King's subjects, with what great indignity did he use them, how did he insult upon people of all ranks? My Lords, He is charged with offences of the highest nature: And whereas he allegeth by way of excuse, that if these things be made crimes, the affairs of the Kingdom will be left so waste and desolate, that no man of wisdom will meddle with them. Please my Lord of Strafford therefore take notice, That the King's Ministers ought to serve his Majesty according to Law, and no otherwise. Can he then my Lords, pin these misdemeanours (as he calls them) upon his Majesty, which no prudent Statesman ever did. What is it but Treason, to make the cause of the groans and sighs of his Majesty's subjects to proceed from his sacred Majesty? This is a course no wise Minister ever practised, thus to question his great Master, and as much as in him lies, to make the subject weary of serving, and the King of protecting. What is this, but to make his Majesty think, That his Royal prerogative is neither comprehended within the limits of Law, nor the bounds of Reason; For if he had not an intention to subvert the Laws, why should he suggest these things into the King's ears? what is this my Lords, but as much as in him lies, to confound all Law? What is this, but to make his Majesty think, that the protection and defence of his people, is the way to his ruin & destruction. To make the people begin to loathe the Crown, and the King hate his people; and should I often repeat it, sure I am there is so much candour in the King's heart, that it will justify what I have said. My Lords, There is no greater safety to Prince or People, than to have the Throne established by good Counsellors, and no greater danger can befall a Kingdom, than to have such who are wicked and dangerous. He allegeth for himself the great hazard every Counsellor will run, if they shall be questioned for giving their Counsels freely, according to their oaths, who then, saith he, will be a Counsellor? My Lords, For many years you know it, and I cannot without grief of heart once mention it; there hath been an evil spirit of contention that hath moved and stirred amongst us, which hath been the author and fomenter of all our distractions, viz. Necessity and Danger. These evil Counsels have brought the King into necessity, and necessity hath ever had danger its attendant. The foundations hereof are laid upon that of Shipmoney, and dissolution of Parliaments, by persuading the King not to stick to any rules of government, but to govern without rule or Law. But I pray my Lords, consider what ill courses my Lord of strafford's Counsels have produced, and how pestilent to both Kingdoms. Your Lordships may remember how he hath scandalised some Peers of your Realm of Ireland, when he openly expressed, at the Parliament there, That things were carried against him by faction and correspondence, and what threats he then used to terrify them. To conclude all my Lords, The Earl of Strafford is here arraigned of high Treason, for going about to subvert the fundamental Laws of the Kingdom. My Lords, You are sons of the same Ancestors, that enacted, maintained, and preserved these Laws which he would have ruined, and the same blood runs in your Veins. You cannot my Lords, think him worthy to live, who hath attempted these things against all Law: What Law hath he not broken? He hath attempted the ruin of three Kingdoms at one blow, it was by him projected: but blessed be our good God, here it stopped, it was never effected. Therefore my Loeds, if you would be safe, or live in peace, and still enjoy those Laws, for the maintenance whereof, your Fathers shed their dearest blood; then cast this jonas (who yet lies asleep on the bed of security) into the Sea, lest the Ship of the Commonwealth split and sink. My Lords, It is a cause concerns the King, and here is the remonstrance of the Kingdoms of England, Scotland, and Ireland, who all humbly beg it. My Lords, What the danger and horror of it would have produced, had these mischiefs been brought to birth, I leave to your great judgements seriously to consider. And thus my Lords, have I delivered the charge given me by the House of Commons, as briefly and plainly as I could, and therefore do here with all humility conclude, and submit. FINIS.