men as are aptest for the execution and maintenance of this Power, are only capable of preferment; and others who will not be instruments of any unjust commands, who make a conscience to doe nothing against the Laws of the Kingdome, and Liberties of the Subject, are not only not passable for imployment, but subject to much jealousie and danger.
It is the end of Government, that all accidents and events, all Counsels and Designes should be improved to the publique good. But this Arbitrary Power is apt to dispose all to the maintenance of itselfe. The wisdome of the Councell-Table, the Authority of the Courts of Justice, the industry of all the Officers of the Crown have been most carefully exercised in this; the Learning of our Divines, the Jurisdiction of our Bishops have been moulded and disposed to the same effect, which though it were begun before the E. of Strafford’s Imployment, yet it hath beene exceedingly furthered and advanced by him.
Under this colour and pretence of maintaining the King’s Power and Prerogative many dangerous practices against the peace and safety of this Kingdome have been undertaken and promoted. The increase of Popery, and the favours and incouragement of Papists have been, and still are a great grievance and danger to the Kingdome. The Innovations in matters of Religion, the usurpations of the Clergie, the manifold burdens and taxations upon the people, have been a great cause of our present distempers and disorders; and yet those who have been chiefe Furtherers and Actors of such Mischiefes, have had their Credit and Authority from this, That they were forward to maintain this Power. The E. of Strafford had the first rise of his greatnesse from this, and in his Apologie and Defence, as your Lordships have heard, this hath had a maine part.
The Royall Power, and Majesty of Kings, is most glorious in the prosperity and happinesse of the people. The perfection of all things consists in the end for which they were ordained, God only is his own end, all other things have a further end beyond themselves, in attaining whereof their own happinesse consists. If the means and the end be set in opposition to one another, it must needs cause an impotency and defect of both.
The eighth Consideration is, The vanity and absurdity of those excuses and justifications which he made for himself, whereof divers particulars have been mentioned in the course of his Defence.
1. That he is a Counsellor, and might not be questioned for anything which he advised according to his conscience. The ground is true, there is a liberty belongs to Counsellors, and nothing corrupts Counsels more than fear. He that will have the priviledge of a Counsellor, must keep within the just bounds of a Counsellor; those matters are the proper subjects of Counsell, which in their times and occasions, may be good or beneficiall to the King or Common-wealth. But such Treasons as these, the subversion of the Laws, violation of Liberties, they can never be good, or justifiable by any circumstance, or occasion; and therefore his being a Counsellor, makes his fault much more hainous, as being committed against a greater Trust, and in a way of much mischiefe and danger, lest his Majestie’s conscience and judgment (upon which the whole course and frame of his Government do much depend) should be poisoned and infected with such wicked principles and designes. And this he hath endeavoured to doe, which by all Lawes, and in all times hath in this Kingdome beene reckoned a Crime of an high Nature.
2. He labours to interest your Lordships in his cause, by alledging, It may be dangerous to yourselves, and your Posterity, who by your birth are fittest to be near his Majesty, in places of Trust and Authority, if you should be subject to be questioned for matters delivered in Counsell. To this was answered, that it was hoped their Lordships would rather labour to secure themselves, and their posterity, in the exercise of their vertues, than of their vices, that so they might together with their own honour and greatnesse, preserve the honour and greatnesse, both of the King and Kingdome.
3. Another excuse was this, that whatsoever he hath spoken was out of a good intention. Sometimes good and evill, truth and falshood lie so near together, that they are hardly to be distinguished. Matters hurtfull and dangerous may be accompanied with such circumstances as may make it appeare usefull and convenient, and in all such cases, good intentions will justifie evill Counsell. But where the matters propounded are evill in their own nature, such as the matters are wherewith the E. of Strafford is charged, to break a publique faith, to subvert Laws and Government, they can never be justified by any intentions, how specious, or good soever they be pretended.
4. He alledgeth it was a time of great necessity and danger, when such counsels were necessary for preservation of the State. Necessity hath been spoken of before, as it relates to the Cause; now it is considered as it relates to the Person; if there were any necessity, it was of his own making; he by his evil counsell had brought the King into a necessity, and by no Rules of Justice, can be allowed to gain this advantage by his own fault, as to make that a ground of his justification, which is a great part of his offence.
5. He hath often insinuated this, That it was for his Majestie’s service in maintenance of the Soveraign Power with which he is intrusted by God for the good of his people. The Answer is this, No doubt but that Soveraign Power wherewith his Majesty is intrusted for the publique good, hath many glorious effects, the better to inable him thereunto. But without doubt this is none of them, That by his own will he may lay any Taxe or Imposition upon his people without their consent in Parliament. This hath now been five times adjudged by both Houses. In the Case of the Loanes, In condemning the Commission of Excise, In the Resolution upon the Saving8 offered to be added to the Petition of Right, In the sentence against Manwaring, and now lately, In condemning the Shipmoney. And if the Soveraigne Power of the King can produce no such effect as this, the Allegation of it is an Aggravation, and no Diminution of his offence, because thereby he doth labour to interest the King against the just grievance and complaint of the People.
6. This Counsell was propounded with divers limitations, and Provisions; for securing and repairing the liberty of the people. This implies a contradiction to maintain an Arbitrary & absolute Power, and yet to restrain it with limitations, and provisions; for even those limitations and provisions will be subject to the same absolute Power, and to be dispensed in such manner, and at such time, as itself shall determine; let the grievances and oppressions be never so heavy, the Subject is left without all remedy, but at his Majestie’s own pleasure.
7. He alledgeth, they were but words, and no effect followed. This needs no answer, but that the miserable distempers into which he hath brought all the three Kingdomes, will be evidence sufficient that his wicked Counsels have had such mischievous effects within these two or three last years, that many years’ peace will hardly repaire those losses, and other great mischiefes which the Common-wealth hath sustained.
These excuses have been collected out of the severall parts of his Defence; perchance some others are omitted, which I doubt not have been answered by some of my Colleagues, and are of no importance, either to perplex or to hinder your Lordships’ judgement, touching the hainousnesse of this Crime.
The ninth Consideration is this, That if this be Treason, in the nature of it, it doth exceed all other Treasons in this, That in the Design, and endeavour of the Author, it was