Historical Collections of Private Passages of State: Volume 8, 1640-41. Originally published by D Browne, London, 1721.
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The Seven and Twentieth Article.
27. That in or about the Month of August last, he was made Lieutenant General of all his Majesty's forces in the North, prepared against the Scots; and being at York, did then in the Month of September, by his own authority, and without any lawful warrant, impose a Tar on his Majesty's subjects in the County of York of eight Dence per diem, for every Soldier of the Trained bands of that County; which Sums of Money he caused to be lebied by force. And to the end to compel his Majesty's Subjects, out of fear or Terror, to yield to the payment of the same; he did Declare, that he would commit them that refused the payment thereof; and the Soldiers should be satisfied out of their Estates; and they that refused it, were in very little better condition, than of high Treason.
Mr. Maynard proceeded to the XXVIIth Article; That the Earl of Strafford imposed a Tax on His Majesty's Subjects, in the County of York, of 8 d. per diem, for the maintenance of every Soldier of the Trained-Band of that County, causing it to be levied by Force, Threatning those that refused with Commitment; and that they that did not pay, the Soldiers should be satisfied out of their Goods; and they were in little better case, than the case of High Treason, that refused to pay.
The state of their Proofs will stand thus; There were three Levies; First, a Month's Contribution, and that was for the general; The Second a Contribution for a Fortnight, and that was for two particular Regiments or Companies; A Third, for a Month more: so it was for ten Weeks in the whole.
My Lord of Strafford pretends two things in his Answer, for his Excuse.
First, That it was upon a Petition from the Country. To that we say this, The Country did petition His Majesty, offering their Endeavour; in that Petition they likewise desire a Parliament for redress of Grievances, with which Petition some principal Gentlemen of the Country attended my Lord of Strafford, desiring his assistance: He likes well the clause concerning the Petitioners Endeavours, but not that touching the Parliament; and therefore he would not deliver it: tho' he said, it would fall out, there would be a Parliament, His Majesty having resolved it, but he likes not that they should petition it. They refusing to retract from their Petition, he doth in the name of some of his Lordship's: Friends, and Dependants, and Recusants, prefer another Petition, but it was when the Gentlemen of the Country. were gone, and so there was no Consent of the Country.
The other thing he pretends; is, That the Lords of the Great Council had consented to that Imposition. Which we say, is not true, there was no such Consent or Direction; yet this he said, both in the Country, and in his Answer; and their Lordships best know, that the Lords of the Great Council did not give that Direction.
The first thing offered, was the Petition first intended, which Sir Hugh Cholmley and Sir Philip Stapleton affirming on Oath, to be the true Petition, their Hands being to it, amongst others, was read; being in effect,
The Humble Petition of the Gentlemen Of the County of YORK.
Whereas Your Majesty imparted to us the Danger, by the Incursions of the Scots, and the necessity of continuing the Trained Bands of this County in entertainment for two Months, and raising Money so long, and did Royally assure us, That the Wardships of such as died in this Imployment, should be freed, and one third part 'of the Trained-Bands should be abated, for which we acknowledge our bounden thankfulness; in ready obedience of Your Majesty's Command, we have represented to Your Majesty our present Condition, and in the entrance of the business, we found a great impediment and discouragement, by certain Warrants produced for levying Money, towards this new service, where in, in the first place, we cannot omit to let Your Majesty know the great grief we have, in that the County is there charged with disaffection and backwardness therein; which as we are confident we never were guilty of, so we were in good hope Your Majesty had received no such Impression of us. And in the next place, we find our selves much grieved, that the execution of such Warrants, which we conceive illegal, should be concluded and urged on peril of life: Notwithstanding the strictness. of which Warrants, we find divers parts of the County have not been able to pay the Money demanded; and from thence, and the attestation of divers Gentlemen, we are assured the scarcity of Money is such, that it is disabled from satisfying your expectation therein: And that Your Majesty may know it is no pretence, but. a real poverty, we are bold to represent the Charges, (viz.) of
- Vast Expences the last Year in Military Affairs:
- The Billeting and Insolency of Soldiers this Summer, part of the time on the Credit of the County:
- Decay of Trade:
- Stop of Markets:
- Charge of Carriages; especially in Harvest by which; means not only the Common People, but most of the Gentry, by the failing of Rents, are much impoverished:
And therefore We petition Your Majesty, you will accept our endeavour, to prevail with the Country to raise so much Money, as will pay the County one whole Month, from their first rising; within which time, (as is generally reported) Your Majesty hath commanded the attendance of the Peers, to consult for the safety of the Kingdom, and pray the Trained-Bands may be continued in the Villages, where they are Quartered, except Your Occasions otherwise require it; and in the interim, for the redress of these Grievances, and security of Your Kingdom, Your Majesty will please to Declare Your pleasure for summoning the High Court of Parliament, &c.
To prove that my Lord of Strafford refused to deliver this Petition, and that another was framed, to which the Country consented not:
Sir Hugh Cholmley was Sworn, and Interrogated, Whether this Petition was shewed my Lord of Strafford, and whether he was not unwilling to deliver it, and why?
Sir Hugh Cholmley Witness.
He Answered, That this Petition was shewed to my Lord of Strafford, in the name of the Gentlemen that had subscribed it, and it was delivered to him by my Lord Wharton; and of those Gentlemen who subscribed their Hands, many were gone out of Town, and desired that those that stay'd in Town, might attend my Lord: Wharton, and intreat him to deliver it to my Lord of Strafford; and when it was delivered, my Lord of Strafford took only exception, (at least he (the Examinant) is sure that was the chief exception) because they petitioned for a Parliament; and said, That leaving out that Clause, he would joyn with him in the Petition.
Being asked what he knew of another Petition framed afterwards?
He Answered, That at that time no other Petition was framed by the Gentry of the Country, this Petition being rejected; for my Lord of Strafford went and delivered some Message to the King, (he thinks, for the maintaining of the Trained-Bands a Month,) and many of those who did subscribe to the Petition not consenting to it, met together, intending to make a Petition and Protestation against it; and did so, intending to deliver it to His Majesty; but it was not delivered.
Being Asked what Monies were levied, by whose Warrants, and for what time?
He Answered, That he can say nothing to the levying of Money, but, in general, he thinks Money was levied.
Sir Henry Cholmley Sworn, and Interrogated, What my Lord of Strafford said concerning Money?
Sir Henry Cholmley Witness.
He Answered, That he had the Honour to be one of the Colonels of the Trained-Bands, and received Command from my Lord of Strafford, being Lieutenant-General of the Army, to give account in what state his (the Examinant's) Regiment flood? of what strength it was, and how provided of Money ? That he repaired to his Lordship, and told him, That notwithstanding the Warrants sent out, they came not to him, and unless he had Money shortly, the Regiment would disband: That his Lordship answered him, He would send a Levy on the Goods of those that refused.
Being Asked (on my Lord of Strafford's Motion) Whether he did so send?
He Answered, No, that he knows of.
Sir John Hotham Sworn, and Interrogated, What he knew touching the Petition, and my Lord of Strafford's rejecting it ?
He Answered, That concerning the Petition, it is true, that being to meet together in the Afternoon at the Common Hall, they did first consult, what to represent to my Lord.
But when they came there, my Lord refused, and made doubt of delivering the Petition, unless they would put out the clause concerning the Parliament: And some thought it fit to preferr it without it.
Some of the Gentlemen that had petitioned, went out, and delivered in something to the King, but what it was he knows not.
And for levying of the Money, he can say nothing to it; Warrants were sent out by the Vice-President, but how far my Lord was interested in it, he can say nothing at all.
Sir Philip Stapleton Sworn, and Interrogated, as to the delivering of the Petition?
He Answered, That for the Petition, he can say, his Countrymen being sent for to York by the King, and intimation given, that they should keep their Trained-Bands for two Months, they desired Time to give an Answer; which was allowed them as they desired, 'till the next Day. They met that Night; and tho' my Lord-Lieutenant desired to meet with them, they met first by themselves, and drew this Petition; for my Lord being Lord Lieutenant-General, and a Privy-Councellor, they should not have been so free to deliver their Opinions, tho' he (the Examinant) thinks some of them should have been free enough. They drew the Petition, and he thinks there was an hundred Hands to it, and being delivered to my Lord Lieutenant, he took exception, because it concluded with desire of a Parliament, and told them, if they would leave out that Clause, he would deliver it; if not, he would not; and after long discourse (wherein he shewed much Eloquence) most of them continued their resolution to stand to that Petition, and many went out of Town and left it, without making question but it should be delivered to His Majesty. My Lord after put it to Vote, whereof there were many Papists, and on the Vote delivered an Answer, what, he (the Examinant) doth not know, for he stay'd behind to draw another Petition, and an humble Protestation to His Majesty, that this Petition was the Answer of the Country.
Lord Wharton being Sworn, and Examined to the point of the Petition?
Ld. Wharton Witness.
His Lordship Answered, That this was unexpected to him, for he heard not of it from the Committee, 'till he came into the place, but he can perfectly speak to it, having a little Interest in it, himself being one of them who subscribed it; That on Saturday in the Afternoon, being appointed to attend my Lord of Strafford, touching this business, (for most of the Gentlemen desiring to be at home) on a sudden went out of Town, and desiring him, with some others, to deliver this Petition to my Lord, by his own Hand, to be delivered to the King: He did so, and accordingly desired my Lord to deliver it in the name of the Gentlemen that had set their Hands to it, many being likewise with him on that occasion; That my Lord of Strafford took exception to the clause for a Parliament, and said, That if they would put that out, he would joyn in the rest of the Petition. Divers of the Gentlemen that were there (there being not many that had set their Hands) would not go back from that, which with so much Humility and Reason, they thought was desired; thereupon my Lord would not deliver it, and went to the King. But they that thought not fit to have the Petition altered, thought not sit to go with him to the King; and what he said, he (the Examinant) knows not.
Sir William Pennyman being Sworn, and Interrogated, Whether a Warrant now shewed him, was not under His Hand and Seal?
He confessed it was his Hand and Seal.
And that being desired to be read;
Sir William Pennyman offered to their Lordships, that he presumes he comes to be a Witness against my Lord of Strafford, not himself, and referred it to their Lordships, whether he should answer any thing against himself, this having an oblique aspect on himself; but if their Lordships will require him, he will submit.
But Mr. Maynard, upon opening of the Matter, shewing that they urge it only, as grounded on my Lord of Strafford's Command for levying of Monies;
It was read, being to this effect:
To the Constable of Sergeant-Major Yaworthe's Company.
Whereas the Lord Lieutenant-General of His Majesty's Army, by His Majesty's Command, sent forth Warrants to the Constable of this Wapentake of Longborough, for Collecting and Paying the Soldiers of my Regiment, Six Weeks Pay, to be delivered from my Hands, which is not yet received from, &c.
These are therefore once more in His Majesty's Name, to Will and Require you forthwith to pay, or cause to be pay'd to the Said Sergeant-Major, the several Rates and Preportions, both of the First and Second Contribution, Assessed on your Town, &c. And if any person or Persons Shall refuse so to do, you are instantly, on receipt hereof, to bring him or them, &c. to serve in their own Persons, for the Defence of this County, as the necessity of this cause requires; And hereof fail not.
19 Octob. 1640.
Sir William Pennyman being Asked, Whether the Warrant was grounded on a former Command of my Lord of Strafford?
He Answered, That he cannot directly speak to that, he will not charge his Memory with it; for, he thinks, the first Warrant was issued by the Vice-President; and, whether any was issued by my Lord of Strafford's direction, he cannot Answer precisely, but he conceives there was; and he hath a confused notion in his head, but he cannot particularly and distinctly remember it.
Being Asked, Whether he knew any Deputy-Lieutenants were drawn to issue a Warrant, to levy Money on the Country on this ground, that the Lords of the Great Council had consented to it?
He Answered, That he conceives they were summoned thither together, and on this occasion; when the Trained-Bands were disbanded, it was thought fit the Frontier-Regiments, viz. his (the Examinant's) and Sir Thomas Danby's, should be continued; but he (the Examinant) conceiving it unreasonable and unequal, that they should continue at their own Charge, and the rest not tributary to them, and, at least, they not being ordered to march successively to relieve them, he (the Examinant) complained thereof to my Lord of Strafford: They were thereupon sent for, and an Order was made, to which he (the Examinant) refers himself.
Being Asked, Whether it was not to this effect, Whether those that would not pay their Money, should serve in Person?
He Answered, Sure he believes it was; for his Warrant is a relative Warrant to that other.
Being Asked, On what Grounds the Deputy-Lieutenants were induced to make such an Order? and, Whether it was not on an Allegation, that the Lords of the Great Council had Consented, or Commanded, it should be done?
He Answered, That he presumes it is matter of Record, if a Man may say so, for the Warrant will speak: But, he presumes there was some such thing spoken by my Lord of Strafford, that he had acquainted His Majesty with it, or the Greatest Counsel, or to that effect, and that induced them to put that into the Preamble of the Order.
Being prest to speak his knowledge:
He Answered, That truely he verily believes it was so.
Being prest again to speak his knowledge positively:
He Answered, That he doth very Confidently and Assuredly believe it is so, but he doth not particularly remember it, for it is a great while since he saw that Warrant: but, it is matter of Record, and if he fees a Copy of the Warrant, he shall let their Lordships know whether it be a true Copy.
Being prest further to Answer, Upon what ground it was made? And, whether upon an Allegation of a Consent of the Lords of the Great Council?
He Answered, That he cannot further Answer than before: he doth very confidently believe it to be so; for, he doth remember, my Lord of Strafford told them, he had acquainted the King's Majesty, or the Lords of the Great Council, which induced them to put them into the Preamble of the Order.
Being yet urged to answer categorically:
He Answered, That he verily believes my Lord did so; and that, under favour, reaches almost to a knowledge; the thing is so notorious, that the thing it self may be known.
Being required to speak his knowledge, Whether my Lord of Strafford told them, the Lords had Commanded, or Consented to it?
He Answered, When that was spoken of, he was out of the Room, and it was drawn by Mr. Rockley a Deputy-Lieutenant; but, Mr. Rockley told him, my Lord did say so.
Being yet again prest to a positive Answer, (Mr. Maynard observing to their Lordships, That when a Gentleman is brought upon his Oath in a Cause of this Consequence, this Dalliance is not to be admitted:)
He Answered, That he Answer'd as clearly as can be, And the Gentlemen will not press him beyond his knowledge; He says, he doth confidently believe it, but, under favour, he was not at that time in the Room, but Mr. Rockley told him, My Lord of Strafford had acquainted the King and the Great Council.
Mr. Maynard observing, That now he speaks less than before; and desired he might be Interrogated, Whether at that time, or at any other time, my Lord of Strafford told him, The Lords of the Great Council had assented to this Levy?
Which being proposed;
He Answered, He doth confidently believe my Lord did it: It may be proved by a great many others; but he is confident of this, as of any thing in the world, that my Lord did tell them, when they went to draw the Warrant, That my Lord had acquainted the Lords of the Great Council, and His Majesty, and that he did it by their Consent; and therefore they put it into the Preamble of their Order.
Sir Henry Griffin Sworn, and Interrogated, Whether my Lord of Strafford said, The Lords of the Great Council had consented to the levying of Money?
He Answered, He heard my Lord say so, indeed, (or else they had not set their Hands to the Order) that he had direction from the Great Council, to levy Money for Sir William Pennyman's and Sir Thomas Danby's Regiments.
Being Interrogated, In what manner the Money was to be levied?
He Answered, That he doth not know in what manner.
Being Asked (on my Lord of Clare's Motion) What he meant by this Direction?
He Answered, That there was an Order made from all them that were Deputy-Lieutenants, and my Lord of Strafford as one; and this is the Order concerning the levying of Money for the two Regiments.
Being Asked (on Mr. Glyn's Motion) Whether my Lord of Strafford had not directed the Money to be levied in manner as is express'd in the Order?
He Answered, That to his best remembrance, my Lord did say so, he must confess.
Being Asked, Whether in case any refused to pay this Money, they were not to be compelled to serve in Person?
He Answered, There was such a Clause in the Order, to his best Remembrance.
Mr. Strickland Witness.
Mr. Robert Strickland Sworn, and Interrogated, Whether my Lord of Strafford said, The Great Council had directed Warrants should be issued for the levying of Money?
He Answered, Yes. It cannot be deny'd; He (the Examinant) gave a Copy of that Order, when the last Commissioners were at Rippon; and he saw a Gentleman e'en now behind him, that had a Copy of the Order and Warrant, and it is declared, that: it was done by the Great Council of the Peers.
Sir John Burroughes Sworn, and Interrogated, Whether he knew of such Warrant, or Order, for levying Money for those two Regiments?
He humbly intreated, that he might have their Lordships direction, before he Answered the Question; for their Lordships know very well, that by His Majesty's Command, he was appointed to be Clerk or Register of the Great Council: Moreover, he conceives, That (by his Duty, all Orders and Resolutions of the House, especially those that concerned third Parties, without asking Leave) he was to deliver to the Parties, if they required them: But for such Debates and Arguments as were used in the Great Council, to. and again, between their Lordships, he humbly intreated their Lordships Direction, Whether he should publish any thing of them, of no? And, upon their Lordships Order, he shall clearly, and with all Integrity, deliver the Truth.
Being permitted by their Lordships to speak to the Questions propounded;
He proceeded, and said, That he hath very good cause to remember, that upon the 20th of October, he went to, my Lords Commissioners for the Scotch Treaty at Rippon, and, upon that Day, there were two prime Gentlemen of those Parts, that came and attended the Lords, he thinks, about business of their own, and, he supposes, only to tender their service to their Lordships; That, amongst some other Discourses betwixt the Lords and them, they mentioned some such Order as this was, concerning the Relieving of the two Regiments that were for the Guard of Richmondshire, and some other of those Parts, made, as they said, by the Great Council of the Peers; and thereupon, that themselves, my Lord of Strafford, and the rest of the Deputy-Lieutenants, had granted out Warrants, for the Assessing, of Money for the relieving of those Regiments; Those that heard it were startled at the Order, being said to be an Order of the Great Council, and commanded him (the Examinant) to inform them, Whether he knew of any such Order? He told them, He remembers not any such Order, and was confident he never drew up any, because he never heard any mention of those two Regiments in the Great Council, Their Lordships asking him, Whether he was sure of it? he told their Lordships he would look on his Notes, and faithfully inform them how the case stood: he did so, and came back to their Lordships, and told them he found nothing in his Notes of these Regiments; and while he was there, he was confident no Order was drawn up: It is true, (he told their Lordships) some Order might be drawn up, when he was absent, for he was first at Rippon, and at York he was often-times employed in the Committee to write Letters and Orders, and what was done in his absence, he could give no answer to; but confident he was, no Order was made before the 20th of October by him, or in his hearing or knowledge. Hereupon the Lords desired those two Gentlemen to give them Copies of the Warrants they had sent out, Add that he (the Examinant) should take their Testimony; which he did: this was the 20th or 27th of October, which was the last Day of the Great Council of the Peers. My Lord of Strafford in Council then-did take notice, that some such thing had been done at Rippon, and then said to my Lord, that he did conceive he had the King's Order, and their Lordips Approbation, for the issuing out of this Warrant. But, since, he conceived their Lordships disliked it, he had taken Copies of it, he was very willing to withdraw these Warrants; And, on Debate, there was nothing more done; For his part, he never drew up an Order, nor was he commanded to draw it up.
Being Asked (on my Lord of Strafford's Motion) Whether on that last Day, His Majesty was not pleased to say in the Council, That what the Earl of Strafford did in that Affair, was with his Consent?
He Answered, It is true, He did give his Consent to it, and command him to go on with it; when he (the Earl of Strafford) desired, if any thing were amiss in it, he might call back his Warrant again, and that he might easily do it, and no hurt would come of it; and, whether His Majesty did thereupon affirm, that my Lord of Strafford had formerly acquainted Him with it, and He Commanded him to go on?
He Answered, That it is very true, My Lord Deputy appealed to the King, Whether he had not His Majesty's Approbation and Order for it? and, the King said, He did acquaint him with it before the Lords; But not (to his Knowledge) that he commanded him to proceed.
Being Asked (on my Lord of Essex's Motion) Whether some of the Lords did not take exception at the Warrant, and likewise thought fit it should be called in again?
He Answered, That the Vote generally of the Lords was against the Warrant; but, he remembers not any thing said for the recalling of it; but they absolutely declined the making of any such Warrant.
Being Asked (on my Lord of Strafford's Motion) Whether it was Voted, or no?
He Answered, That it was spoken to by several of my Lords, but all declined it.
Being Asked, Whether he had the Warrant, or a a true Copy of it?
He Answered, He hath a Copy of that which was delivered him by the two Gentlemen that were then at Rippon, and their Hands are to it, to attest it; and, he saw them set their Hands to it himself.
Being bid to name the two Gentlemen.
He said, They were Mr. Robert Strickland, and Mr. Mallard, Who did affirm, That, to the best of their remembrance, this is a true Copy of the Warrant sent out to the several Divisions.
To prove Execution by Force;
Mr. Henry Cholmeley Interrogated, What he heard the Earl of Strafford say, touching the Vice-President's issuing of Warrants?
He Answered, That shortly after my Lord of Strafford's coming to York, in the Presence-Chamber at York, he (the Examinant) among some other Gentlemen, were summoned to be there, where my Lord of Strafford, speaking of the Trained-Bands, occasion was offered by another that was there, How the Private, or Common Men, should be maintained? My Lord of Strafford Answered, It had been always the Custom, that the Private Men should serve themselves in Person, or maintain the Charge of them that served for them; and the Common Mens Charge is borne by the several Constables in the Towns where they live: And, he said to His Majesty, Sir, if you please, Mr. VicePresident may, or shall (the Examinant knows not which) send out Warrants to that Purpose; but whether he sent out any or no, he cannot tell.
William Dowsen Sworn, and Interrogated, How he hath known those Moneys for the Trained-Bands, levied?
He Answered, (His Answer being commanded by the Clerk, the Witness having a low Voice,) That Mr. Yaworth, Sergeant-Major to Sir William Pennyman, came with Four Musketiers to the Lordship of Egton, and sent them for Assessors, and when the Assessors came, they were importuned to have them Assess, (for they had been unwilling to Assess,) and, if they would not, they should answer it before my Lord General, and then they consented to Assess; and he shewed a Warrant from Sir William Pennyman, and gave it to the Constable for the Collection of the Money.
Being Asked, Whether he threatned, That he should serve in Person, if he did not pay?
He Answered, Yes, by Sergeant-Major Yaworth, and so he served under Sir William Pennyman's Regiment.
Being Asked (on my Lord of Strafford's Motion) Whether he saw any Warrant of his?
He Answered, No
Being Asked, Whether the Four Musketiers did not go along with the Constable, from Place to Place, to levy the Money?
He Answered, Two Musketiers went with every Constable to levy it.
William Pierson Sworn, and Interrogated, Whether Four Musketiers, or Soldiers, did not come to Collect this Money?
He Answered, Yes: And he saw them in the Town, go all together in with the Constables; but, in the Deales or Outsides, there went but with each Constable one; The Lordship consists of Long Deales, distant one from another twelve scorce, and, in those Out-places, one went with a Constable, but, in the Town all four went.
Being Interrogated, By what Warrant?
He Answered, That he did see a Warrant that was received from Captain Yaiworth, under Sir William Pennyman's Hand, and he saw his Name at it.
Sir William Ingram Sworn, and Interrogated, What he hath heard my Lord of Strafford say, touching this business of levying Money ? and, What condition they were in who deny'd to pay it?
He Answered, That soon after the Trained-Bands were Commanded to be drawn forth, he found the opportunity, and did move my Lord of Strafford, acquainting him what Cafe the Soldiers were in; For he (the Examinant) had been with the Soldiers, and found them willing to March, if they might know how to be maintain'd: the Masters had refused to pay the private Men, and the Constables said, the Parishes were so poor, that they could not collect any more Money; and desir'd, his Lordship would be pleased, before they were drawn forth, he might know how they should be maintained: And, his Lordship gave him this Answer, That the Private Men must maintain their Soldiers after the rate of 8d. a Day. so long as they were forth, else he would Commit them, and order should be taken the Soldiers should be maintained after 8 d. a Day, out of their Estates; And commanded him (the Examinant) to speak to the Constables, that Assessments might be made for the Maintenance of the Common Army; and, if any did refuse to pay their parts of an Assessment, they should be likewise committed to Prison, and lie there, and the Common Soldiers should be maintained after the rate of 8d. a Day; and, he would have Men know, that refusing to pay such Contribution, they were in little better condition than guilty of High-Treason.
Sir Harry Griffin being Interrogated, Whether my Lord of Strafford sent not Messengers to them who refused to pay this Money Assessed?
He Answered, That indeed he doth not know of any thing concerning the two Reiments of Sir William Pennyman, and Sir Thomas Danby; but, for his own, he can Speak, That about the latter end of August last, he was commanded by the Sergeant-Major-General of the Trained-Bands, to advance his Regiment; and, assoon as they were advanced, there issued forth Assessments for a whole Month's Pay, for his whole Regiment; and, on this Warrant he received 300l. or thereabouts, but more they would not, nor could not pay; whereupon he went to my Lord of Strafford, and told him, He could not keep his Companies together without Money: And my Lord bid him go back to his Regiment, and he would take a Course; and my Lord did grant forth his Warrant, and on that was pleased to send a Messenger (as he thinks) to the Constable, to whom it was directed, and the Messengers went from Constable to Constable, and all was pay'd.
Being Asked (on my Lord of Strafford's Motion) Whether it were pay'd voluntarily?
He Answer'd, They were, for ought he knows.
Sir Hugh Cholmley being Interrogated (on Mr. Maynard's Motion) of what Quality those Persons were who stay'd with my Lord of Strafford, and joyned in the latter Petition? and, Whether many of them were not Recusants?
He Answered, That there were some of them Gentlemen of very good Quality, a few that had retracted their Hands from the Petition, some seven or eight, and he doth not know whether there were not many Papists, but they took a Note of four or fix and twenty, to his best remembrance, that the Country had a Character on them to be Papists, and Men affected that way, but he knows not whether they were Convicted, or no.
And so Mr. Maynard said, they should leave this Article awhile, in expectation of my Lord of Strafford's Answer, and then they should recollect their Proofs; in the mean time, they supposed every Particular was proved.
My Lord of Strafford, after some Time granted him to recollect his Notes, made his Defence, in substance as follows.
Earl of Strafford's Defence.
And First, he desired leave to read the Charge, and their Lordships should find, how little of the Matter opened before them this Day, was therein contained, and so he is not accountable for it.
He read the 27th Article;
That in or about the Month of August last, &c. His Lordship craved liberty to dissent from that worthy Gentleman that spoke last, who in his opinion is very much mistaken, who was pleased to say, That all was fully proved; for he conceives, little or nothing is proved as to him.
That he might give their Lordships the clear Satisfaction, he desired to go on in their own Order; and as the Proofs were offered, he shall offer his Answers.
The First thing spoken of, is a Petition drawn up by certain Gentlemen, whereby they did offer a Month's Pay to the Trained-Bands, which Petition was shewed the Defendant, and was refused by him to be delivered, and the Reason assigned, is, because in the latter part there is contained a Petition for calling of a Parliament, and that is lay'd to him as a Crime; but wherein it is, he doth not find, and when he doth, he shall answer and acknowledge it.
He acknowledged there was such a Petition, and that it was shewed to him; and having not been acquainted with it formerly, he remembers very well, he desired to be excused from medling with it; for having the Honour at that time to be the King's Lieutenant of the County, besides that, he was Lieutenant-General of the Army, and having some poor share there, though not so great as other Men, he thought it very strange, that when the King had appointed them on Tuesday to meet together, and advise how his service might be complied with, they should at a private Meeting after Supper, resolve of this Petition, and never make him so much as acquainted with it; And where he was made so great a stranger in the beginning of the business, he appeals to their Lordships whether he had reason to be over-officious to serve them in the conclusion.
He acknowledges the Petition was delivered him, and on the reading of it, when he heard that clause, of moving the King for a Parliament, he disadvised it, and desired to be excused concerning it, not so fitting at that time, nor for them on such an occasion; and therefore it might be left out, or a course taken to deliver it by some other hand than his; and he trusts it is no offence, for which he is any way punishable, to reserve that Christian Liberty in his own opinion, that he sees cause for, when it may be done without breach of any Law penal, or good Manners, his Liberty being as free then to himself, as to them. But it was not out of any unwillingness the Parliament should be called, upon which they should pinch him, and make their Lordships and the Gentlemen think him averse from Parliaments, for he did tell them at that time, he was confident there would be a Parliament; and that on the coming together of the Great Council of the Peers, he did conceive His Majesty would be pleased to call a Parliament; and that their Petition would neither further nor hinder it, and therefore it might be forborne, and the King left in his Acts of Grace to his People, that he might have all the Honour of it to himself; and that it should rise out of his Own Goodness, and Royal Breast, not as advised to it on the desire of any body else; and therefore he thought not fit that that should be put into the Petition, not out of a desire to avoid Parliaments; for it is well enough known, (and, if need were) he could justifie himself in it, that no poor Servant the King had, was more forward, nor ready, nor willing to advise the calling of this Parliament, than he was: but he shall ever conceive it fit in this case, to reserve the Honour of the King's Grace and Favour, as much as may be, to himself, and not direct it to any other hand whatsoever, and did then (as always) as much as he could, apply the Thanks of the People to the King his Master, and assume nothing to himself.
But this he conceives no Crime, and therefore he shall not need to trouble their Lordships with Proof of it, there being twenty Gentlemen in the Room (he dares say) that will justifie him in this Particular.
They come then and speak of a second Message, to have been delivered by him to His Majesty at York; hereby he is charged to have imposed a Tax, without lawful Warrant. He humbly affirms, and trusts, he shall manifestly prove it, that the thing was yielded to by their own universal Assent, and that it was levied by their own voluntary Will; and that there was nothing of Force, from the beginning to the ending of the business; for if he had dealt in that manner, he had been much to blame, tho' as he stood then qualified, he thinks himself not punishable for it. On Debate of the business, not above three or four dissented, tho' there were Two Hundred present, they were perswaded and convinced it was just and necessary to contribute; and most of them that did dissent, have been examined before their Lordships; but they did absolutely and totally lay aside their Petition, and gave him Commission only in Words, to signifie to His Majesty, that they were most willing and ready to contribute the Pay of a Month, for Maintenance of the Trained-Bands, and that he did faithfully deliver.
And whereas it is said they are Papists, he shall name Persons as free from that tax, as any Men in the Shire, who did give their Consent; and he named divers of them.
To prove that he did nothing by Force, but by unanimous Consent of all;
Sir Paul Neale was first called, and being Interrogated, Whether the Petition signed by the Lord Wharton, and the rest, was not, by the major of the Gentlemen there, declined and laid aside?
He Answered, That he was, amongst divers others, present at this meeting in the Common-Hall, and on the first coming thither, this Petition was presented by my Lord Wharton, in the Name of the Gentlemen that had subscribed it: On the reading of the Petition, my Lord of Strafford did conceive, that the Clause concerning the desire of a Parliament was in it self superfluous, because the King had declared his Intention to have one, if, at the meeting of their Lordships at York, it should be desired; and therefore he desired the Clause might be put out, and another Petition presented to the Effect of the former, only the last Clause omitted, and that might be verbally presented by some such Man as the major part of the Company should chuse; and, on a long Debate, it was concluded (to the best of his remembrance) by Vote, and the whole Vote of the Company went, It should be delivered by my Lord of Strafford, according to the Substance of the Petition, the last Clause left out; and to the negative part, there were some four or five, he dares confidently swear, not above half a score.
Being asked, What Number there was of the Company, that were willing to wave the Petition?
He Answered, That the Hall was very full; he cannot give account of a certain Number, nor knew the Subscription of the Petition, for 'till now he remembers not that ever he heard the particular Names read; but there was, he thinks, two hundred Gentlemen of several Ranks.
Being Asked, Whether it was not the Voluntary Consent of them all, that a Month's Entertainment should be allowed the Trained-Bands?
He Answered, That he conceives the Consent was given no fuller nor larger, but just the same as in the Petition, saving that one Clause.
Which, Mr. Maynard observ'd, went not further than to promise an Endeavour.
Sir Paul Neale being Interrogated, Whether the Money was not Voluntarily pay'd all over the Country, for the Month's Entertainment, without Force or Violence?
He Answered, He can give no Answer to that, having nothing to do in the Country as Deputy-Lieutenant, or Officer, and other than he heard by discourse, he cannot speak of his knowledge.
Being Asked (on Mr. Glyn's Motion) Whether the major part of them that signed the Petition, did wave it?
He Answered, That he conceives he gave an Answer to that before; for he remembers not, that 'till this day, he ever knew the Names of the Gentlemen that subscrib'd it, but only an Attestation, that about an hundred had subscribed, and whether the major part of those were present, he doth not know.
Being Asked (on my Lord of Strafford's Motion) Whether he did not know divers of them that signed the Petition, declared themselves for the waving of it?
He Answered, He did not know who had signed it, and who not, saving only some Gentlemen speaking in the Debate, did declare, that they in particular had sign'd it, and did recede from it.
Being Asked what he meant, when he said, that not above half a score went to the negative of the Message?
He Answered, That he meant it of them that were in the Hall.
Sir Edward Osborne was called to be a Witness for my Lord of Strafford: But Mr. Maynard excepted against his being examined, as being one of those who sent out the Warrant, for paying Money on pain of Death; and as Sir William Pennyman would have declined answering any thing of his own Act, as concerning himself, so it was desired this Gentleman might not be examined to the justification of himself, by saying, the Money was levied by Consent.
But Sir Edward alledged to their Lordships, That there is particular Complaint in the Petition against his Warrant, and therefore it was issued long before the Petition presented.
After some further Debate, the Examination of him was resolved upon.
Sir Edward Osborne being Interrogated, Whether the major part of them that subscribed the Petition, and were present at the second Meeting, did not decline the Petition?
He Answered, That he cannot say the major part of them that subscribed the Petition, did dissent openly in the Hall, for he thinks many of them were gone out of Town, but he is sure the major part there, nay all, but about ten, did consent to the leaving out of the Clause touching the Parliament, and to a Month's Pay; and on that, it was humbly moved to my Lord (he cannot tell whether by himself the Examinant) that my Lord would do them the Honour to represent their ready Affections to do the King that service; that he would be their Mouth: Which accordingly his Lordship did, and they all attended him when he delivered the Message; and he doth not remember there was above four or five Gentlemen that opened their mouths against this Consent, not in Words, what their Hearts were he cannot tell.
Being Asked, Whether many that had subscribed the Petition, did not declare they would not wave it, and go the other way?
He Answered, There were some that did, indeed, but he doth not know how many, Sir Edward Robinson in particular, and gave his Reasons for it, Sir Richard Hutton, and some others.
Being Asked, How many Gentlemen he thinks were present at that Meeting?
He Answered, The Hall was very full, and there were Gentlemen, Freeholders, and others, to the number of three hundred, as near as he could imagine.
Being Asked, Whether that was not the Place and Time appointed by the King, for the Country to meet and treat about the Business?
He Answered, Yes, it was so, by His Majesty's special Command the Day before.
Being Asked, Whether my Lord of Strafford did not go to the Manour, and many Gentlemen with him, and delivered their Message to the King faithfully and justly, as he had in Commission to do, and no otherwise?
He Answered, That according to their Desire to his Lordship, he went presently to the Manour, and they all attended him; but he could not hear the Message deliver'd, the Crowd was so great.
Being Asked (on Mr. Maynard's Motion) Whether there was any difference between the Message and Petition, but only the leaving out the last Clause touching the Parliament?
He Answered, Truly, No; but the principal thing he took notice of, was a Month's Pay.
Being Asked (on Mr. Palmer's Motion) of what Quality they were that were in the Hall, whether not some who came to gaze only, and not prosecute the Matter of the Petition?
He Answered, That it is impossible for him to see through the Bodies of Men; but there were not many of inferior Quality that he knew; but had he Time to do it, they should make a Catalogue of as many Gentlemen and Freeholders as set their Hands to the Petition: but he cannot see in such a Room as this, whether there be Serving-men, or Apprentices, in a Crowd.
To which Mr. Maynard answered, Much less can he hear it.
Sir William Pennyman Interrogated, Whether the Petition delivered by my Lord Wharton, was by the major part of the Gentlemen that met, according to the King's Appointment, at the Place proper for the Business, declined? And, Whether they did not declare their Consent to a Month's Pay, and that my Lord of Strafford should deliver the Message by Word of Mouth?
He Answered, That the major part did decline the delivery of the Petition, and it was done upon a Vote, there being some difference of opinion; and he thinks truly, according to his conjecture, there were two hundred Voices at the least, to three or four. Haply some others tacitly might be of another opinion, but there was, to his best remembrance, three or four voted against it.
Being Asked, Whether divers that signed it, did not decline it?.
He Answered, That divers who set their Hands to the Petition, did retract it, whereof he himself was one, and divers other Members of the House, whom he offered to name, if their Lordships required it, but that their Lordships did not think fit to direct.
Being Asked, Whether my Lord of Strafford did not faithfully and rightfully present to His Majesty the Message he was intrusted with?
He Answered, That he was one of them who went with my Lord, but was in the same condition with Sir Edward Osborne, for the Crowd was so great that he could not come to hear.
Earl of Strafford.
Where my Lord of Strafford desired their Lordships to take notice, that it was not in a Corner, when Gentlemen of their Quality could not come near.
Being Asked (on Mr. Maynard's Motion) Whether there was to be any difference between what was to be delivered to the King, and that contained in the Petition, the last Clause excepted?
He Answered, That he conceives nothing was to be omitted, but only that of the Parliament.
Being Asked (on the Lord Wharton's Motion) Whether he and another had not Commission, to acquaint my Lord of Strafford from them who had subscribed the Petition, that they had a Petition to be deliver'd his Lordship for His Majesty? and, Whether he brought not word back again, that they should wait on his Lordship with the Petition on Saturday at One or Two of the Clock, and at his Lordship's own House? and, Whether they did not accordingly wait on him?
He Answered, That he did, and they did come, and it was purposely that they might most of them go to the Hall, not to make my Lord's House a Place of his Debate.
Being Asked, Whether he was not directed to acquaint my Lord of Strafford with the Petition? and, whether he brought back word about the Time of attending?
He Answered, It is true, he did; but he knows not whether he brought it on a Message from my Lord.
Being urged to Answer that positively, Whether he brought it as a Message from my Lord?
He Answered, That it may very well be, he did, he thinks he did; but he added, in effect, his desire was, to know what the Question tended to.
Mr. Maynard thereupon desired of their Lordships, that a Witness at the Bar might not demand the Meaning of a Question, before he answers to the Truth of it.
And Mr. Glyn observed, That my Lord of Strafford had several times besought, he might go on quietly with his Evidence; and they hope their Lordships will justifie them, that they have behaved themselves as Men intrusted by the House of Commons, and that their Lordships will not suffer this Language to be used. They must demand Justice.
And Mr. Maynard added, That they desire only that the Witness may readily answer to the Question propounded, and not advise what may be the Consequence, or enquire the Intention of them, for they are to speak only the Truth.
But my Lord of Strafford conceived it a very fitting Question, for the Witness to desire to understand the Question, before he answers it; and that's all he doth, as he conceives.
Being required to Answer positively, Whether he brought that Message from my Lord of Strafford, touching the Time of delivering the Petition?
He Answered, That he did.
My Lord of Strafford here offered to their Lordships, That he conceives this Question not material to him; he was then extreme sick, and in his sick Bed, when he should send this Message; and that truly, he was never in such height of Incivility towards any Man alive of a far meaner Quality than my Lord Wharton, as to send them word, they should attend him at such an Hour; he knows what belongs to my Lord Wharton, and what to himself, much better, than to send for, or expect any Attendance from his Lordship.
Sir William Savill being Interrogated, Whether the Petition, signed as aforesaid, was not absolutely by the major part of them in the Hall declined, and voted that it should not be delivered?
He Answered, That he was there, and by the major part of the Gentlemen present, it was delivered, and consented, that my Lord should deliver the Substance of the Petition to the King, by Word of Mouth, saving the last Clause concerning the Parliament.
Being asked, Whether there were not divers that signed it, who did afterwards retract it? And whether himself did not?
He Answered, There were, and that he himself signed the former Petition, and then it came to be disputed before them, Whether they should retract it, or no? he was against the retracting of it, and many delivered Votes against it, under ten, he believes, and for his own part he said nothing to it; but it was carried so clearly by the opinion of them present, that he went along with a great number of Gentlemen that went with my Lord to the King, and he heard my Lord faithfully deliver the Substance of the Petition in every thing, and with more advantage to them than the Petition was drawn, except the business of the Parliament.
Being Asked, Whether part of it was not the Consent to a Month's Pay of the Trained-Bands?
He Answered, That he verily believes it was the Intention of them all, that a Month's Pay should be pay'd to the Soldiers of the Country, and the Month's Pay was pay'd.
Being Asked, Whether it was not Willingly and Voluntarily pay'd in every Place without Constraint, to his knowledge?
He Answered, That in that Part where he lived, no body denied whatsoever was asked; so there was no pressing of any body to pay a Peny, nor complaint of any body for want of Money.
Sir William Pennyman being Asked to the said last Point?
He Answered, That it was with a great deal of Alacrity and Chearfulness, and he heard no Man repine at it, then nor since.
Sir Edward Osborne Interrogated to that Point?
Answered, He never knew of any forcible Course to make them pay it, but it was freely pay'd.
Sir William Savill being Interrogated, How many of them that set their Hands to the Petition, did vote against it?
He Answered, That there were of them that set their Hands to the Petition ten, who did vote the retraction of it, and he named Sir Francis Worteley, Sir Thomas Danby, Sir George Wentworth of Welley (as he thinks,) and Sir Edward Rhodes.
Sir Edward Rhodes Interrogated, Whether the Country did intrust my Lord of Strafford to deliver a Message to his Majesty, declaring their Consent to a Month's Pay? &c.
He Answer'd, That after long Debate, Whether the Petition should be presented, or no? it was, by plurality of Voices, declined and waved; and, it was moved to my Lord, that he should present the Requests of the Gentlemen then met, or the plurality of them, to His Majesty, to this purpose, That having demanded two Months Pay, the Gentlemen of the Country made that Request to my Lord, humbly to beseech His Majesty to accept of one Month's Pay: Which his Lordship did, and His Majesty was graciously pleased to accept of it, having formerly given them encouragement for the abatement of 4000 Men of the Trained-Bands after those Troubles were past; and, if any Gentleman suffered in that Service, there should be no benefit taken of his Wardship: And when my Lord presented the Desire of the Gentlemen to His Majesty, He was pleased, instead of taking off 4000, to promise to reduce the Trained-Bands to 6000.
Being Asked, What number of Gentlemen were in the Hall? and, Whether that was not the Place appointed for the County to consult about the Business?
He Answered, That he thinks that there were 300 at the least, of the one and the other; and for the Place and Time, it was both the Place and Time, and that was an Exception my Lord of Strafford took; but he was not fairly dealt withal, that in regard His Majesty gave Direction, that at such a Time, and such a Place, my Lord President (by that Name His Majesty was pleased to call him) and the Gentlemen of the Country should consider the Business, my Lord thought much a Petition should be drawn without his Consent, and that the Business should be Concluded before the Time, and from the Place of Debate.
Being Asked, How many dissented from this Court?
He Answered, He thinks not above twenty, if there were so many.
Being Asked, Whether divers who signed the Petition, did not retract it? and, amongst the rest, himself?
He Answered, Divers did retract it; and, himself gave his Voice for the waving of it: but, he cannot say he retracted it, for his Hand was not to the Petition.
Being Asked, Whether my Lord of Strafford had not Commission from the County, to offer a full Month's Pay of the Trained-Bands?
He Answered, It was the desire of the Country, That his Lordship would be pleased to intreat his Majesty to accept of a Month's Pay, being desired by the King.
Being Asked, Whether they were not Willing to pay it in that part of the Country where he lives?
He Answered, That where he served as Deputy-Lieutenant, he knows not of one Man that Complained, or shew'd Unwillingness, or any Difference, but only in the Proportion between Man and Man.
Being Asked, Whether my Lord of Strafford did not faithfully relate the Message to the King, according to the Commission the Country gave him?
He Answered, That he conceives he did it most faithfully, and with great Advantage to the Country.
Sir Thomas Danby being Interrogated to the Matter of the Petition, and the declining of it? the Consenting of a Month's Pay? the Chearfulness in Paying of it?
- That the Petition was delivered:
- That the Money was pay'd with a great deal of Chearfulness:
- That they were Content to come to a Month's Pay:
- That he heard of no Man that declared to deny it.
Being Asked (on Mr. Maynard's Motion) Whether any other Direction was given for the Message, besides the Petition, the last Clause excepted?
He Answered, That one taken off, my Lord was to deliver the Substance of the Petition.
Being Asked (on Mr. Maynard's Motion) Whether there were not two Trained-Soldiers Hang'd up, for Mutinying for want of Pay?
Mr. Maynard thence observing, That if they had been well pay'd, there had been no want of it.
He Answered, That he cannot Answer to that, without some Prejudice to himself; he being question'd for Hanging Men by Martial-Law.
Sir George Wentworth of Wolley being Interrogated, Whether he was not present at the Hall, where the Petition was spoke of? and, Whether a Month's Pay was not consented to?
He Answered, He was present, and the Petition was declined by the major number; there was a great number in the Hall, and my Lord delivered it accordingly to the King: He was present when he presented all the Grievances express'd in the Petition, and left out only that part concerning the Parliament.
Being Asked, Whether my Lord of Strafford had Authority to acquaint the King, There should be a Month's Pay?
He Answered, Yes: and, the Place of Debating was the Common-Hall; and, divers that signed the former Petition, did retract it, and himself was one of them.
Being Asked, Whether the Money was not pay'd Willingly by every Man, without Force and Constraint?
He Answered, That he was a Colonel, and it was pay'd him very well.
Earl of Strafford.
The next thing my Lord of Strafford observed, was concerning a Warrant alledged to be given out by him, for levying of a Fortnight's Pay to the two Regiments of Sir William Pennyman, and Sir Tho. Danby. If in any thing in his Answer he be mistaken, he had rather submit it than dispute it; and, if it please their Lordships to favour him so far, he will, as near as he can, tell every thing that passed; and, he hopes, divers of their Lordships will remember a great part of it.
It is very true, before this Month was ended, (he is sure within it) the King licensed all the Trained-Bands to go Home again, save the two Regiments, one for Richmondshire, and the other for Cleveland, which, by His Majesty's express Command, and Council of War, were required, one to remain at Yaram, the other in Richmondshire, to preserve them from those of the other side.
Sir William Pennyman and some others finding that by this Means these Regiments continuing in Pay, fell to be grievous to that part of the Hundred; Those two Hundreds, or Wapentakes, acquainted him (the Earl of Strafford) with it, out of no particular End in the World, but that with Equality and Justice in that Common Misfortune, they might All bear the Common Burden.
Divers of their Lordships being there at Rippon, he did humbly present to the King, before the Great Council of my Lords at York, That he conceived if the whole Charge of those two Regiments should lie on those two Hundreds, it would impoverish and undoe them; and therefore he conceived it Justice and Reason, that the rest of the County mould contribute towards the Charge, (the Benefit being Common to All) or else they should successively relieve those Regiments, that the Burden of all might lie equal on all.
This was his Intention, and he hopes it was fair; and if not as it ought to be, yet it was done with a very good heart, and justly intended: This he moving at that time, His Majesty was pleased to assent to it, and liked it very well, and gave Direction he should proceed; whereupon he said, Then if my Lords approve of it, he shall see it done accordingly. There were divers of the Lords then said, Yes; and thereupon he took it for granted, that it was their Consent.
If in this he did mistake, of their Lordships, he humbly craves their Pardon, it being far from him to prejudice any Man living in that relation; and that it was so, he thinks a Noble Peer, then present, (viz. my Lord of St. Alban's) will remember, that divers, on the Motion, did say, Yes; and thereupon he took it to be a thing granted.
And, that as my Lord of St. Alban's, who being gone home indisposed in his Health, my Lord of Strafford desired he might reserve himself the benefit of his Examination, if he shall see cause, tho' he hopes there will be no need of it.
After this, he understanding that some of their Lordships at Rippon were not satisfied, because the Great Council was named for the Author of the Warrant; the very last Day the Great Council sate at York, (their Lordships being then come back from Rippon) he moved it to the King, and gave the same Relation there, that he makes here before their Lordships, desiring to know their Pleasure, whether the Warrant should be recalled, or no? for he could then easily do it: Nothing being done upon it. Under favour, some of their Lordships said, The Great Council had no Power to levy Money: To which he Answered, That the Warrant was not to levy Money, but that the Parties concerned should do their Duties themselves, or otherwise pay the Money. At that time it pleased His Majesty to command him to go on; and after the King had spoken, no Man spake to the contrary, and so the Warrant was not recalled; but, the Monies were pay'd Voluntarily, no Force or Constraint being put upon any, but they took it as a great Benefit that they had that Favour, as for his part he conceived it was: And all himself got by it, was, That by this Means, himself, and all his Tenants, and those that had relation to him, came to pay their proportionable Shares, which otherwise should not have pay'd a Farthing, (for they were at a great distance in the West-Riding) and they pay'd it voluntarily, and willingly; and, when he spake with the Deputy-Lieutenants, they all conceived it a Benefit and Advantage to the Country; and, it was done with their Consent, and a great Ease, and a Burden to no Man:
So he acknowledges such a Warrant was granted, but nothing of Force or Constraint.
Mr. Ro. Strickland Interrogated, Whether he conceived not this a great Ease to the Country, thus to lay the last Fortnight's Pay for the two Regiments? And stood with his Advice, and the Advice of his Lieutenants?
He Answered, That it was very well pay'd, for any thing he knows, but the most part of it, if it was pay'd, was pay'd after he came to London. But, he conceives, that if those Regiments must stand, or the other march up to their Relief, it was for the Ease of the Country, and so he conceived then, otherwise he should not have subscribed the Warrant: and, it had lay'd heavy on those Divisions, where the two Regiments of Sir William Pennyman and Sir Thomas Danby lay, who had been undone by it; It was done meerly for their Relief, without any ill Intent whatsoever.
Sir Edward Osborne Interrogated, What he thinks of the Course? and, Whether he consented not to it, as a very great Advantage?
He Answered, The Question being propounded by my Lord Lieutenant to the Deputy-Lieutenants, Whether two Regiments that lived on the place, the Frontier of the North-Riding, should be pay'd by the Country's Contributing, or their Charge, or the Country to send their Regiments for relief of these two; they conceived it was a mighty Ease and Benefit to the Country to pay the two Regiments, and the rest of the Trained-Bands continue; For, some of them must march 70 Miles in Way, and 70 Miles Backwards, and, some of them that lay there, never stirred out of their own Towns: and therefore they were of opinion, It was a marvellous Ease.
Being Asked, Whether this Fortnight's Pay was voluntarily pay'd in the Parts where he lived? and, Whether Force was used?
He Answered, He lived at York altogether, and cannot tell: But, some Officers asking, What they should do for the Monies that, are behind for relief of the two Regiments? my Lord Answered, That which will be willingly and freely pay'd, you must take it; that which will not, you must let it alone: and, this was four or five Days before my Lord of Strafford came from York.
Sir William Pennyman being Interrogated, touching the Convenience and Ease of this Course?
He Answered, That he conceives it very easie and advantagious, for else some of the Regiments must have marched 70 Miles, and it would have taken up a great part of the Charge, in the very March.
E. of Strafford.
My Lord of Strafford added, That he would prove it by all the Deputy-Lieutenants that were there, that no Force or Constraint was put upon any Man by him, nor is there any Proofs to prove Force: There be only two things insisted on; one is, the Warrant of Sir Edward Osborne, that they should pay Money on peril of their Lives; He denies that he signed any such Warrant; and, he is sure there is none under his Hand: If they have it to show, he desires they would shew it; if they do not, then their Lordships Judgments will acquit him of it. The other is, Sergeant-Major Yoward's Warrant, and a Fellow that tells a Tale of Musketeers, and says, there was a Warrant of his; But, he says, he made no such Warrant; he gave no direction for it; neither is there any such Warrant shewn; and, he trusts, that will acquit him of that too: And, if there be any thing of Crime in the business, it must be, that they have been constrained by Force, to pay the Monies; for, if it be voluntarily offered to take or leave, this can be no Crime; and, that there was any Force, or any Warrant issued by him, he denies: And, by this time, he thinks he hath cleared himself against all the Matters charged in this Article.
But, he conceives, he hath done nothing, but that he had Commission and Power to do, though he never had acquainted the Great Council with it, under favour: It is true, he was always desirous to have the Assistance of Men wiser than himself; and, when there was Means or Opportunity to gain it, he took it: But, if he had been in Yorkshire all alone, having the Power and Commission he then had, (though His Majesty and their Lordships had not been there) he conceives he might have Justified the doing as much, as he hath done in this Parliament; his Commission under the Seal of my Lord Admiral being in effect,
For the better execution of this Our Commission, We do further give and grant to you full Power and Authority, from time to time, and at all times at your discretion, to command, and require of and from all our Lieutenants and Deputy-Lieutenants in our several Counties of this Our Realm, and Dominion of Wales, and of and from every, or any of them, to send to you, or such place as you shall appoint, such number of able Men for the War, as well Horsemen as Footmen, in the said Counties, respectively, or otherwise, sufficiently Armed and Furnished, as you in your discretion shall appoint and require.
And, he did not send them to pay any Money, but to relieve by turns, Regiment after Regiment; and, if they found it for their Ease, they might be at the Charge, else do the Duty required, which, by the Common Allegiance, every Man is bound to do. Say then he had committed an Error, he had rather confess than justifie it, as long as it is not brought to him as a Crime.
But there is another Clause, according to the Statute of 11 Hen. VII. (viz.)
And further, Our Pleasure is, and We do give and grant, for Us, Our Heirs and Successors, That whatsoever you, or any other Person or Persons of what Degree soever, by your Commission, Warrant, or Command shall do, by virtue of ibis Our Commission, or Letters Patents, or according to the Instructions aforesaid, or the Purport of this Our Commission, touching the execution of the Premises, both you, and the said Persons, in shewing forth these Our Letters Patents, or the Constat, or Inrolment thereof, shall be discharged and acquitted against Us, Our Heirs and Successors, and freed from all Impeachment, and other Molestation for the same.
He did this without sinister Ends, or bye-Respects; and therefore if he did any way err, by His Majesty's own gracious Clause, he is to be excused; And, it is pursuant to the Statute of 11 Hen. VII. c. 1. where the Preamble is very observable:
The King our Soveraign Lord, recalling to his remembrance the Duty and Allegiance of his Subjects, and that they, by reason of the same, are bound to serve the King for the time to come in his Wars, against every Rebellion, and Power, and Might, &c. and whatsoever falls against the Mind of the Prince; and, that it is against all Law, Reason, and Conscience, that attending His Person, or being in other places of His Command, any should lose or forfeit for doing their true Service and Obedience: Be it therefore Enacted, &c. That from henceforth, no manner of Person, or Persons whatsoever, that attends the King in His Person, and do Him true Allegiance in His Person, or be in other places in His Wars, for the said Deed, or true Duty, he and they shall be any way Convicted, and Attainted of Treason, nor of any other Offence by any Process of Law, whereby he shall forfeit Lands, Goods, Tenements, &c. and shall be for that Deed and Service utterly discharged of any Vexation, &c.
So that he conceives he hath done nothing, but what may receive a fair and equal interpretation; what he hath done, he hath done very candidly, and clearly, for the Good of His Master's Service, and Preservation of the Country; and he hath done nothing violently, or deliberately, to force Men to do things that may any way trench on the Propriety or Liberty of the Subject: and, whatsoever evil he may have committed in this, he hopes, by the Act of Parliament, and by the words of the Commission read, he shall stand before their Lordships (in point of Justice, and Noble Compassion to a Man that may err) Acquitted from any part of that Charge, that may accuse him of High Treason.
Only one thing he hath omitted, and that is, the Testimony of Sir William Ingram, where he charges me with saying, The Refusers to pay the Money, are in little better condition than guilty of High Treason. But he is a single Testimony; and he says, That clearly, under favour, it is no mean Offence for any Man to deny the Common Allegiance due to the King, for Defence of his Wars: But, the words are testified to be spoken only to one Man, and he is not Accountable to him, nor to their Lordships, for that, he being but a single Testimony.
Mr. Maynard began to Reply to the said Defence, in substance as followeth.
That whereas my Lord says, They have Urged much, that which was not Charged; his Lordship hath Answered, that which was not Objected as a Charge: for, the greatest part of the Time he hath spent in examining so many Witnesses, is, to shew on what grounds the first Petition was deserted, and a Message put on his Lordship to deliver to the King: The Petition was not offered to him as a matter of Charge, but it is charged upon him, that he procured to levy and impole Money upon the Country by Force, without a legal Warrant; and, by way of excuse, in his Answer, he sets forth, that the Country did yield to it by their Unanimous Consent. To that purpose it was objected to him, Not that the delivery of the Message was a Crime, (and therefore he might have spared this labour to Answer it, as to that Purpose:)
But, as himself states, the Case, he hath much encreased, rather than diminished his 'Fault; for, he said, There was a Consent; yet, it appears, there were but 109 principal Gentlemen parties in the first Petition, and he encounters, these to 200 met together; the greater part of whom consenting, and 100 of them that had subscribed, and about five dissenting, they resolve on a 'Message to 'be delivered touching Consent: But, they have proved, not only a Levy for the first Month, but much more though when the Gentry met together, and consented to a Petition it is no desertion of that Petition, because 10 of 109 deserted, especially when they had a Message from my Lord to meet about it, and, relying upon it, went into the Country: 'besides, 200 Gentlemen, Free-holders, and others, could hot Jay a Charge on the rest of the Country, nor bind them-that had dissented' before, "and whose 'Consent was 'not involved; and, it is no Legal 'Way to raise 'Money 'by Warrant, much less by Force.
For the Money levied after the Month expired, my Lord hath offered no Colour to their Lordships; for, first, the ground whereupon he raised it, was contrary to that which was the Truth, viz. the Consent of the Lords of the Great Council; whereas it appear'd, and shall appear further, there was no such Consent.
My Lord of Strafford would next justifie it by a Commission; 'but that 'doth only require People, according to their Allegiance, to give attendance; and, this is turned into a matter of 'laying of Money:'For, the first point of the Warrant, is, to pay 'the Money Assessed; 'and, it they will not, they shall attend; so that What is matter of "Service is 'turned out of its Course; and this is a high abuse of his 'Power, which makes that matter of Money, which should be matter of Service; and, by this means, awes Men to pay Money.
The Country, on demand of His Majesty, did consent to a Month's Pay; but, my'Lord, without their Consent, extends it beyond, and pretends an Order (to say no more of it) when there was no such thing, to draw some Deputy-Lieutenants together, and, when they are drawn, to make an Order; this must be his Justification of that which is unduly done: And, this is far from the mitigation of an Offence. To do an unjust Act, is one thing; 'but, it is a great aggravation, when it is 'drawn 'by pretence of an Authority which never was.
On 27th of October, the self-fame Thy Sir John Burroughs spake of notice taken by their Lordships, disclaiming the Order for a Warrant; And then my Lord acknowledg'd it to 'be an Error: and, it is doubtful, whether he would have acknowledg'd it to be so, if it had not been proved so.
My Lord's Commission speaks not of Money; and the Statute makes not to this Case, it being. only, That When 'Men are on their Allegiance, 'doing the King faithful: Service, they 'should not be attainted of High-Treason for doing their Duty; And, the interpretation his Lordship puts on it, is, that the Duty of the 'Subject cannot be done to the King, without levying Money in an unlawful Way; if the levying of Money, or the imposing of Charges, be matter of, Duty, then he gives a Justification of the Charge: And whereas he says, tho; he had-not had Command 'from' his Majesty, nor Order from the Council of Peers, he had Power enough to do that which he did; it is to'be observed, that my'Lord did hot require Men first to serve; but first to pay Money; and if they pay'd not, then-he menaces them 'that' they should serve, as appears by Sir William Pennyman's Warrant, and therefore the Warrant might be observed; which 'Sir William Pennyman justifies so unwillingly, tho' in other things he be very forward; and for a Man to be required to pay Money, and if he will not pay it, then to perform Service, is hard; for now he comes not on the King's Service, but on the Displeasure of them who require Money from him, and that's a bad Discouragement to those that serve.
And whereas my Lord says, nothing is proved, or but by single Proof; their Lordships may be pleased to remember, what is proved by Sir Henry Griffin, That my Lord said, That Money should be levied, and he would take a Course for it; and the same Gentleman deposes, that the Warant or Order was under my Lord Strafford's Hand, which was the Warrant for them to pay Money.
It is likewise proved by Sir William Ingram, That he said the Private Men must maintain after 1 d. per Day, and gave out his Command to the Constables, and he would have all Men know, that those who refused it, were in little better condition than High Treason; so that to the first part, there is more than a single Testimony. The latter part shall be proved by an other.
Mr. Henry Cholmeley being Interrogated, What he heard my Lord of Strafford speak, concerning Treason, in cafe Men pay not that Money, or to that effect?
He Answered, That he heard not any thing at all of Treason. Concerning the Not Payment, Answered, That at York, at the Manour-House, my Lord of Strafford speaking of the raising of the Trained-Bands, said, We are all, by Law, tied to serve the King in our own Persons, and if any refuse, they are in little better case than Treason, (he cannot tell whether he said High Treason) and they might be severely punished in the Star-Chamber.
And, their Lordships may remember Mr. Cholmeley's former Testimony, that the Vice-President might, or shall send forth Warrants to levy Money; And therefore these Gentlemens Testimony stand without impeachment of that Point.
My Lord says, Monies were not levied by Force; yet it was proved, that for these two Regiments Money was levied by Force; for, Four Soldiers came to the Town, and went with the Constables.
But, he says, it concerns: not him, for no Warrant of his was shewn. Their Lordships will not expect, that my Lord of Strafford should give particular Warrants to every Officer; his Direction is proved in general; his Commands are conveyed and distributed by particular Ministers; The Captains look for Commands from them that are above them; and they from the Lieutenant General: And Sir William Pennyman conceives, the Warrant made out by the Vice-President, was by a Warrant from my Lord of Strafford, or he had my Lord of Strafford's Command. So that, take that which is under Hand and Seal, take what Sir William Pennyman, take what Mr. Cholmeley hath spoken, it cannot be otherwise, but it was done by my Lord of Strafford's Command, and that is, sure, without legal Authority: And so Mr. Maynard conceived they had made a full Proof of this Article.
For that which concerns the Great Council, he desired my Lords Answer might be read, where he says expresly, It was done by Order of the Lords of the Great Council; And Mr. Maynard humbly prayed, that some of the Lords of the Great Council might declare the Truth in that Case.
Earl of Strafford.
But my Lord of Strafford Answered, That he confessed it here at the Bar, that it is so; and, must humbly put their Lordships in mind, that in his Answer, he prays, if any thing be mistaken, he may have Time to amend it; and he doth amend it, he confesses it was put in too strongly.
Mr. Glynn added, That they put their Lordships in mind of it, that it may not be forgotten; After his Lordship was put in mind of it by the Lords of the Great Council, he retracts it; yet, when he comes to Answer, he affirms it; therefore they think it necessary to put their Lordships in mind of it, left he affirm it again.
Mr. Whitlock observed, That my Lord of Strafford had made Justification of his Act here; and truly, the opinions which he hath here published and declared in the face of the Parliament, are sufficient grounds of Condemnation of him.
He said, the other day, That in case of Necessity, the King was loose and absolved from all Rules of Government; and that then Money might be levied by Force; and, that their Lordships very well remembers what that Necessity was, indeed no Necessity at all. But, whatsoever the Necessity is, they know no such Tenet as my Lord of Strafford publishes: But it is expresly against the Fundamental Laws of the Kingdom, and a meer Course for his bringing in an Arbitrary Power.
His Lordship said, That as he flood qualified, he might Justifie as much as he hath done: Which Words are little less than the Offence wherewith he is charged, and prove the Charge. For him to say, That as he was then qualified, because he was Lieutenant-General of the Army, he might send his Warrants to Tax the King's Subjects without Parliament, is, to take on him the Power of a Parliament; for, under favour, no such Tax can be made without Assent in Parliament: So that what my Lord of Strafford hath declared as a ground of his Defence, is a good ground of his Condemnation.
Earl of Strafford.
My Lord of Strafford did here desire liberty to speak to the Testimony of Mr. Cholmeley, which is new Matter; and he besought their Lordships to observe, That he did not say, as Sir William Ingram, That the Money should be pay'd, and he that pay'd not the Money, should be in little better condition than High Treason; But, he that denies his Allegiance to the King, to go with Him in His Wars, in Defence of the Realm, is little better than guilty of Treason, or is Fineable in the Star-Chamber: But, because these are render Points, and he little understands them, and they take hold of all that falls from him, he shall say no more, but that the Testimony of the one and the other, are two several things.
And, his Lordship proceeded to speak something touching Sir William Ingram's Testimony, which Mr. Glyn interposed, and said, That's no new Matter, but it only arises out of his Answer, and therefore he desired no more might be said to that.
He proceeded to other Matters contained in the Reply, and offered to their Lordships, That it had been said, he did publickly justifie at the Bar, that he had Power to lay Taxes, and to force Payment; but he said, under favour, no such thing; but that he having the King's Comission and Power to call in such, as he should think fit to serve the King, for Defence of the Realm, and this being pursuant to the Act of Parliament of 11 H. 7. he said, he might Justifie (as he conceives) the calling of the Regiments to relieve by turns one another, as there should be Occasion; but to say, he had Power to Tax what he pleased, God forbid he should say or think such a thing: He is not the wisest Man in the World, yet not so ignorant, but to know that the one were a great breach on the fundamental Propriety and Liberty of the Subject; but to call Men to perform their Duty for Preservation of the King and Kingdom, he conceives to be a quite different thing.
His Lordship proceeded to speak to Come part of the Reply, concerning his sending forth of Warrants to levy by Force.
Which being excepted against, as new Matter, my Lord of Strafford Answer'd;
That if he speaks new Matter, it is sufficient Punishment to him.
My Lord of Strafford proceeded, That he is charged to be the Procurer of Sir William Pennyman's sending a Warrant to levy by Force; whereas, he said, the Warrant was issued by him and the Deputy-Lieutenants.
But that being denied, and apprehended to be new Matter;
Mr. Whitlock desired to Reply to my Lord of Strafford's Answer, to what he had formerly opened, wherein he conceived he was not mistaken, but if he were, he submitted, but he opened it thus. That as my Lord of Strafford with the Power and Commission he had, he said, he might Justifie what he had done, and it proved that he sent Warrants to levy Money, and these Monies were levied by Force.
Mr. Maynard added, That they are here for the King and Commonwealth, and desired, that Right might be spared them, and that there might not be continual Replies: That no colour of Answer is given; that because a Man must serve in Person, therefore Money must be required of him, else he must be brought by Head and Shoulders to serve in Person. They offered a Warrant made upon peril of Life, under the Hand and Seal of Sir Edward Osborne.
Whence Mr.Maynard observed, That there is Imprisonment; Levying of Money; charging upon pein of Life; Levying of Goods: nothing can be put upon the Subject, but it hath been offered in this Case.
Mr. Glyn summ'd up their Proofs, saying, Since my Lord of Strafford will have another Reply, they have produced their Proofs, That he hath levied War against the King's Subjects, and did before declare an Intention to levy Money, which was afterwards done by his Direction.
Sir William Pennyman proves, that Warrants were issued, and in such fort as mentions Coertion; They have, in pursuance, proved it to be levied by four Musketeers; if he gave direction, another gave execution and the Party's Body must be cary'd away, if he pays not; which is a levying of War against the King's Subjects: and Gogan, 5 Ric. II. was accused of Treason, for forcing a Man to enter into Bond; which is not so much as to force those Payments on the King's Subjects.
They produced Sir Edward Osborne's Warrant, attested by Mr. Cholmley, to be the Original Warrant that he had from Mr. Vice-President, to send for the levying of the Money.
To the, &c.
Whereas His Majesty is informed, that the Regiment under Command of Colonel Cholmley is set forth with little Money, which expresses great disaffection to His Majesty's service, and wilful neglect of your own and the whole Kingdom's safety; the Scotch Army having taken Newcastle, and being on their March towards these Parts: These are therefore to Will and Require you, in His Majesty's Name, and by His special Command, to raise, and cause to be raised by the Port Constable, or otherwise as you shall think best, the Sum of 20s. 8d. at least for each Common Soldier belonging to such Towns or Parishes, and to send the same immediately to York, to be delivered to the Colonel, for Pay and Supply of the said Soldiers; and likewise to charge and command all and every Person and Persons, who find private Arms, or contribute thereunto, forthwith to send the like Sum at least to York, to be disposed as aforesaid: And in case any of them refuse to contribute, you are required by like Command, to certifie me the Names of such Refusers, that a Messenger may be sent to bring them hither to serve in Person, and be severely punished, according to the quality of so high an Offence; seeing the Safety of His Majesty's Person, and the Safety of the Kingdom depends on this: Fail not in the speedy execution thereof, as you will answer to the contrary, on peril of your Life. Dated the last of August, 1640.
Mr. Maynard desired their Lordships to observe the former Deposition, that my Lord of Strafford should say, The Vice-President shall, or may send forth Warrants, and it is originally my Lord of Strafford's Fault.
[And so they Concluded the XXVIIth Article.]
Mr. Glyn did offer to their Lordships, That there's the XXVIIIth Article remaining; wherein, whether they shall proceed, or no, they have not yet resolved:
But they desired another Day to be Heard, they having something more to say.
And so the Court was Adjourned, and the next Day was appointed, at Eight of the Clock.