THere hath been much time spent to prove our Charge, and your Lordshippes have heard my Lord of Straffords defence with as much pati­ence. You have also heard our Evidence summed up where­by wee have proved that hee hath by traiterous words Councels and Acti­ons, traiterously endeavoured to sub­vert [Page 6]the fundamentall Lawes of Eng­land and Ireland, and in stead thereof to introduce an Arbitrarie and tyran­nicall Government against Law. This (my Lords) is that poysonous Ar­row that hath tainted his blood, this is that Cup of deadly wine that hath intoxicated him.

My Lords, It coms to my share to shew you how mischievous an Act of Trea­son it is by that Law that hee hath ap­pealed unto, which is the supreame Law, (to wit) publike good, for his Position was this, That Salus Populi, is Suprema Lex. All Lawes are derived from this as its fountaine, and end here as its proper Center. And those Actions that are opposite to this are against Law.

First, My Lords, It is such an of­fence as comprehends all offences, such a treason as comprehends all treasons.

The Earth (my Lords) is a Se­minarie of all flowers, so is this a Se­minarie [Page 7]of all offences.

My Lords, this Law puts a dif­ference betwixts good and evill; take away the Law (my Lords) and Na­ture becomes a Law to it selfe. As Pride will bee a Law, Lust will bee a Law, Rapine a Law, Treason a Law, which Lawes have ruled in Ireland e­ver since my Lord came thither.

Take away the Kings protection from the people, and you take away the peoples allegiance to the King. Prerogative is the bounds of libertie, and (my Lords) they must not contest one against another.

My Lords, I beseech you con­sider, yee have all under this custodie; and if you take away this, you take away your goods, liberties and lives.

My Lord hee saith, that Ireland was a conquered Nation, why? were not all Nations conquered? England, Wales, &c.

[Page 4] The next is this, that it is an of­fence full of danger to the Kings per­son and Crowne, it nourisheth dis­sention and tumults in a people. If you consider the histories of the Na­tions under arbitrary government, you shall find them full of cruelty and bloo­dy Massacres; yea, if you please to peruse our English histories, you shall finde that when Arbitrarie government was set up, how many Kings fell by cruell and bloody hands, which is feare­full to relate.

Thirdly, my Lords, It is dan­gerous to the King, First, in respect of his honour, Secondly, in respect of his profit, and Thirdly, in respect of his greatnesse: yet all these have beene put on upon the face of this Treason as so many vizards, can it be (my Lords) for the Kings honour, to have his Ministers to lay all the fault upon the King? To kill, to imprison, to use Rapine, to levie warre against his people, and to ruine [Page 9]the State, and then all these dishonou­rable acts to bee laid on the King? Is this for the Kings honour?

Secondly, It is contrary to his profit, for if there bee not an affectio­nate supply from the people to the King, hee can never grow in his re­venue.

Nay, this (my Lords) is the Kings most certaine Revenue, that is­sues from the affection of his people, for other Revenue, as Lands, or the like, are subject to many Inconveni­ences, to many substractions and pen­sions, but this is free and wholly to himselfe, these fourteene yeares past, since there hath beene an unhappy ces­sation of Parliamentary proceedings, the King hath had lesse Revenue, and it doth him lesse good.

Nay, there hath beene more wanting to the King, than many yeers before. Againe, it is unprofitable, and that is worse, for the King lost by it, for it hath cost him these two yeares more than it cost Queene Eli­zabeth [Page 10]in all her warres in Ireland and Spaine, yea, (I feare) more than is to bee repaired in an age.

Thirdly, in point of greatnesse; the World is a society of Kingdomes, and it is not enough for a King to be great at home, but to equall his fellow Princes abroad, Nay to bee a­bove them in honour and Majestie, in Riches and glory.

But my Lords these Counsells of late that have beene given his Majesty, have rendred him contempti­ble to his enemies, uselesse to his di­stressed friends, and had they not beene prevented, in time would have made him uncapable of any designe at home or abroad.

A fourth Consideration is this, my Lords, it is destructive to wealth and valour; it corrupts our peace, and in peace, makes us have the malignities of Warre: and for wealth, who will ven­ture his goods, life, his liberty in the way [Page 11]of trading and commerce, when hee knowes not upon the returne of it' whether it be his owne or not.

Nay, my Lords, it imbaseth the spirits, and valour of a Nation, when they must stand in feare of pillo­ring, scaffolding, and the like pu­nishments, it makes men to bee of base spirits.

Now my Lords, to imbase the Kings Coyne, if it be but six pence or twelve pence, tis Treason by the Law, and a man must dye for it: what is it then to imbase our spirits, my Lords? truly it is a matter of great importance.

Fifthly it doth disable the King, and makes him unfit to deale with forraigne enemies, for every one thinks to slip his necke out of the collar, when hee shall bee forced to it.

[Page 12] The sixt consideration is, that it is against the Covenant betwixt the King and his people.

Before my Lords I spoke of a le­gall Oath, but now I speake of a per­sonall, for we sweare our allegeance to him, and he the maintenance of our Lawes to us: he is our husband, and we his wife; he is our father, and we his children: he is to maintaine our liberties, and we his Dignities, and our duties.

And my Lords, Iustice Thorpe was condemned and executed, for breaking the Kings oath: My Lords, he broke not his owne oath, nor did the King breake his oath, and yet for violating that oath, that the King had taken to his Subjects, he suffered.

Ah what an unfortunate man then [Page 13]is the Prisoner at the Barre, that hath in all his Counsels, in all his words, in all his actions, broken the Kings oath, and as much as in him lay, violently perswaded the King to countenance him in all his actions?

The seaventh consideration is this my Lords, it is against the end of government, for the end of govern­ment is to preserve men in their estates, lives, and liberties, but an Arbitrary power destroyes all this: the end of government is to advance vertue and goodnesse, and to punish vice: but this cherisheth all disorder.

Now my Lords, I come to shew the vanity of his excuses, that he hath made for himselfe.

[Page 14] The first is the liberty of giving Counsell, being a Counsellor, true my Lords, he hath this liberty, but its bounded within its lists, and it must be such a Counsell as must stand with the sacred Majesty, and the pro­sperity and weale of his Subjects, for if Counsell be bad, it poysons the Consciences of Princes, it infects their eares, for all government pro­ceedes from the Prince, as from a fountaine: now if the fountaine bee poysoned, how can the streames bee free?

A second shift is, that hee hopes your Lordships will bee carefull to secure your posterity, and not to ad­mit of this as Treason.

My Lords, I know your Lord­ships will be carefull to secure your selves, but by your vertues, not by your vices.

The third excuse is, the goodnesse [Page 15]of his intentions: truly, my Lords, good and evill lye close together, not easily to be discerned, if they be na­turall corruptions, but for Murthers, Adultery, Rapines, and Treasons, these are so monstrous, that they may easily be distinguished.

And I cannot bee perswaded that ever he intended well, that acted so ill.

The Fourth excuse is the Kings necessities.

My Lords, this necessity came from his owne counsels.

A fifth excuse is, that it was for the Kings honour, and the mainte­nance of the Kings power.

My Lords, it hath bin declared unto you, that the Kings power doth not extend to any thing against Law, by which he hath sworne to rule us, [Page 16]and to maintaine out Liberties and priviledges for us, and this hath bin declared by five Parliaments, and also will appeare in the case of the Petition of Right, and in the case of shipmoney.

A sixt is, that hee advised the King to do it with moderation and repara­tion.

My Lords this is a contradiction, for there can bee no reparation for this.

The seaventh excuse is, that no hor­rid facts did follow his Counsels: truly my Lords we thanke God, his sacred Majesty, and his wise Coun­sell for that, or else God knowes what fearefull things would have be­fallen us, nor are wee free from it as yet.

To conclude, now my Lords, give me leave to entreat you to con­sider [Page 17]the Treasons ordinarily pra­ctised, when the act is done, they cease as in killing that noble King of France, and the several plo [...] against Queene Elizabeth, but this Trea­son of my Lord of Strafford [...], is a standing Treason, which when it had bin done, it had bin permanent from generation to generation.

And now my Lords, these lawes that he would have overthrown, must now bee his Judges, and hee is to be Judg'd by law, and that law will have marke enough of it to describe it, for it is a law against such as breake the fundamentall law of the Kingdome.

And my Lords give me leave to informe you that under favour this is not to make a new way for blood, nor is the crime of Treason in my Lord of Strafford the lesse, because [Page 18]none would venture upon such a hor­rid Treason, in two hundred and forty yeeres.

But my Lords, for the making of our charge good by law, as wee have fully proved it by Testimony, we must resort to Counsell, with the house of Com­mons, and trust to your Lord ships Justice.