latter; who, observing a storm rising strongly against him, by some votes in the house, about the beginning of December, thought proper to withdraw himself to a place of greater safety, and fled into France.

from whence, observing the disposition of the House, and well knowing what they were able to say against him, he had no more mind to trust himself in that company, but the same night withdrew himself from any place where enquiry might be made for him, and was no more heard of till the news came of his being landed in France.

"I could never yet learn the true reason, why they sudered secretary Windebank to escape their justice (for the lord Finch, it was visible he was in their favour, and they would gladly have preserved him in the place) against whom they had more pregnant testimony of offences within the verge of the law, than against any person they have accused since this Parliament, and of some that, it may be, might have proved capital, and so their appetite of blood might have been satisfied: For, besides his frequent letters of intercession in his own name, and signification of his majesty's pleasure, on the behalf of Papists and Priests, to the Judges and to other ministers of justice; and Protections granted by himself to priests, that nobody should molest them; he harboured some priests in his own house, knowing them to be such; which, by the statute made in the 29th year of queen Elizabeth, is made felony: and there were some warrants under his own hand for the release of priests out of Newgate, who were actually attainted of treason, and condemned to be hanged, drawn, and quartered; which by the strict letter of the statute, the lawyers said, would have been very penal to him.

"I remember one story brought into the House concerning him, that administered some mirth; a messenger (I think his name was Newton) who principally attended the service of apprehending Priests, came one day to him in his garden, and told him, That he had brought with him a priest, a stirring and active person, whom he had apprehended that morning; and desired to know, to what pri'son he should carry him. The Secretary sharply asked him, Whether he would never give over this blood-thirsty humour?' and in great anger calling him Knave, and taking the warrant from him by which he had apprehended departed without giving any other direcThe Messenger appalled, thought the t was some person in favour, and theretonk no more care of him, but suffered to depart. The priest, freed from this ht, went securely to his lodgings, and within or three days was arrested for debt, and red in execution to prison. Shortly after, retary Windebank sent for the messenger, asked him, What was become of the he had at such a time brought before told him, That he conceived his

The ARTICLES against him were ready drawn up, and the Crimes he was accused of were as follows:*

6

"I. Seventy-four Letters of Grace to Recusants, within these four years, signed by his own hand. II. Sixty-four Priests in the Gatehouse, within these four years discharged, for the most part, by him. III. Twenty-nine discharged by his verbal order. IV. A Warrant to protect one Muffon, a condemned Priest, and all the houses he frequented. V. One committed by the king's own hand, and discharged by him, without signification of the king's plea'honour had been offended with the apprehen'sion of him, and therefore he had looked no 'farther after him.' The Secretary in much passion told him, the discharging a priest was no light matter, and that if he speedily found him not, he should answer the default with his life; that the priest was a dangerous fel'low, and must not escape in that fashion." The messenger, besides his natural inclination to that exercise, terrified with those threats, left no means untried for the discovery, and at last heard where the man was in execution in prison: thither he went and demanded the priest (who was not there known to be such) as his prisoner formerly, and escaped from him; and by virtue of his first warrant took him again into his custody, and immediately carried him to the Secretary; and within few days after, the priest was discharged, and at liberty. The jailor, in whose custody he had been put for debt, was arrested by the parties grieved, and he again sued the messenger, who appealed for justice to the house of commons against the Secretary.

"This case had been presented to the Committee, and was ready to be reported, with all those warrants under his own hand before-mentioned, at the time when secretary Windebank was in the house. Besides that, he was charged by the lords, by message, or at a conference, for breach of privilege at the dissolution of the last parliament, and signing Warrants for the searching the Studies and Papers of some members; for which, according to the doctrine then received, he might have been put into the custody of the serjeant of the House. But, as the last occasion was not laid hold of, because it would have inevitably involved his brother secretary sir Harry Vane, who was under the same charge, and against whom indeed that charge was aimed: so, it seems, they were contented he should make an escape from any trial for the rest; either, because they thought his place would be sooner void by his flight than by his trial, which would have taken up some time, and required some formality, they having designed that place to Mr. Hollis; or, that they thought he would, upon any examination, draw in somewhat to the prejudice of sir Henry Vane, whom they were to protect: and so they were well content with his escape."

* See Mr. Glyn's Report, 4 Rushworth, 68 et seq.

sure therein. VI. A Petition of St. Giles in the fields, near London, to the king, of the Increase of Popery in their parish, wherein twentyone persons were seduced and turned by two priests, the which priests were both discharged by him."

From Calais, this unfortunate Statesman wrote the following Letter to Philip earl of Pembroke, then Lord Great Chamberlain of England:

"My Lord; I owe myself to your lordship for your late favours, and therefore much more the account of myself; though the debt, in either respect, be of little consideration, and the cancelling of both may be of greater advantage to you than to continue the obligation.

"This account had been presented to your lordship at my first arrival here with my first dispatches, but I was so mortified with my hazardous passage in an open shallop, and so perplexed with the thoughts of miseries, into which I find myself plunged; and besides, the departure of the messenger that carried those letters, was so sudden, that it was not possible to perform this duty to your lordship sooner; for the which I do most humbly crave pardon. Your lordship may now please to accept the expressions, from the saddest and most wounded soul in the whole world, who am a spectacle of misery in myself, in my distressed wife and children, and in my whole fortunes; who have left the attending of my sovereign and master, and access to the best prince in the world; who am become a scorn and by-word to all the world, both at home and abroad; a wanderer, an exile from my own country, now in the declination of my years, and likely to end my days in a remote country, far from the comfort of all my friends.

"What I am guilty of none knows so well as his majesty, whom I have served faithfully, diligently, and with as true and loyal a heart, according to my poor abilities, as any other whatsoever; and if I found my conscience charged with any crime of baseness, corruption, infidelity, or any thing else unworthy of a gentleman, I should not venture to address these complaints to your lordship, or to any other person of honour.

"In this disconsolate estate, being an object not altogether unworthy of your Lordship's compassion, be it for no other respect, but that I have long served the king and queen's majesties, I doubt not but your lordship, in your generosity and goodness, will have a lively sense and feeling of my sufferings, and vouchsafe me such relief as in your honour you may; and if myself, who, by course of nature, cannot be now of long continuance, be not considerable, I must beseech your lordship to have pity upon my poor innocent wife and children, that they receive such comfort and assistance from you in my absence, that they may be preserved from perishing. And to that end I most humbly crave your lordship's favour to this bearer,

my son, and to give him the honour of access whensoever he shall make his addresses to you; wherein you shall do a work of singular charity.

"Now, because there is an opinion in the world, that I have much improved my fortune by the Roman party, and that there hath been into England, I shall humbly crave your lorda design, by my ministry, to introduce popery ship's patience in giving me leave to clear these two great misunderstandings; which, if they were true, were sufficient to render me uncapable of his majesty's favours, or of the compassion of any person of honour whatsoever.

"For the first, it is notorious to all the world, that having now served his majesty, in the place of secretary, for the space of above 8 years, I have not added one foot of land to the inheritance left me by my father; which, in land and lease, was not above 500l. per annum ; a poor and inconsiderable estate for a secretary, and such a one as most secretaries have more than trebled in a short time for my manner of living, it hath been much under the dignity of a secretary, and if I had not been very frugal, I could not have subsisted; where then this concealed mass of treasure is, I wish those that speak so liberally of it would let me know; for I do protest to God I am utterly to seek where to discover it; and at this present I am so unfurnished with money, that if his majesty cause me not to be supplied, I am unable to subsist in these parts, without exposing my family in England to the danger of starving; and yet neither my purpose nor inclination is to live otherwise here, than in the greatest obscurity and closeness that possibly I may. I assure your lordship that those of the Roman party that passed my hands, by his majesty's commandment, were poor distressed creatures, and far from being able to enrich me: and besides, how little I have attended my own private interest, and how freely and like a gentleman (I hope I inay speak the truth without ostentation) I have done courtesies to all, I wish it should rather appear by the testimony of such as have made use of my services, than by my own. My father and I have served the crown of England near 80 years together, in which time, if a greater estate had been raised it might well have been justified, considering the great employments near the persons of queen Elizabeth, king James, and his majesty that now is, we both have had; and your lordship may believe it, for I avow it upon the faith of a Christian, that it is no more than I have above-mentioned; and whether there are not many, from less employments, have risen to be noblemen, and made their fortune accordingly, I leave the world to judge.

"For the other suspicion, of my being a favourer or advancer of Popery, I protest before Almighty God, and as I shall answer at the last dreadful day, that I know no ground for the least suspicion thereof; neither am I myself, nor is any of mine, to my knowledge, guilty of the least thought of any such purpose;

for myself, I received my baptism in the church of England, and I know nothing in the church of Rome that can win me from that church wherein I was made a Christian; I do therefore hold this church of England, not only a true and orthodox church, but the most pure and near the primitive church of any in the Christian world; and this I will be ready to seal with my blood, whensoever there shall be occasion; with this further protestation, that if I did not hold it so, I would not continue in it for any worldly consideration whatsoever*.

"For that which hath passed my hands for favour of that party, it hath been merely ministerial, as his majesy best knows: and I must be bold to say that his majesty hath not been deceived by it, but hath received many greater advantages: besides that, if a secretary of state

Saunderson says, "That sir Francis Windebank having been questioned and mainly convicted for reprieving Jesuits and Priests, and of worse matters suspected guilty, got over into France, where he remained to his death a professed Roman Catholic;" but Whitlocke is more tender, saying only, That it was reported he remained to his dea h a professed Papist."-Life of Charles 1, p. 333. Memorials, p. 37.

should not hold intelligence with the party, is absolutely to disable him from the service of the state, and that hath been done always more or less, and so must always continue: kings and their ministers of state have ever had, and might ever have, a latitude according to time and occasion, and cannot be so tied according to strictness of law, as others are, without peril to the government; therefore, when the Ro man party were practique and busy about the state, there was reason to be more strict; but now, by the wisdom of the queen and her good offices, they are better tempered, less severity hath been used; it being the prerogative of the prince to use moderation according to the accusation. Further than this I have not had to do with the Roman party, nor thus far, but in obedience to my master's commandment; which I hope shall not be censured a crime. This being my condition, I most humbly submit it to your lordship's wisdom and goodness ; and seeing there is no malignity in it, nor prejudice to the state, that your lordship would vouchsafe me your favour and protection, and preserve from perishing your lordship's most humble and faithful, though much distressed servant, "FRAN. WINDEBANK."

"Calais, Jan. 11, 164k."

AFTER the accusation of the earl of Strafford, the House of Commons fell into debate concerning sir George Ratcliff; some members of the house giving information against him, That there was cause to accuse him of High Treason, and that he ought to be sent for hither to answer it before the parliament of England, though he be a member of the parliament now sitting in Ireland; but some scruples being made about sending for him, it was referred to a Committee of seven, viz. Mr. Selden, Mr. St. John, Mr. Paliner, Mr. Solicitor, Mr. Maynard, Mr. Grimston, and Mr. Chadwell, to consider of that matter and to make a Report to the house; who afterward reported, "That the Committee were of opinion, that it is better to examine this maiter according to the rules and foundation of this House, toan to rest upon scattered instances." They further find an Information given of High Treason against su George Ratcliff, which if it be true, then there is no doub but in case of High Treason, (which privilege of parliament neither here nor there

"Sir George Ratcliff was accused here of High Treason upon pretence of being a confederate with the Earl of Strafford in his Treasons; but in truth, that he might not be capable of giving any evidence on the behalf of him. and thereun sent for into this kingdom." Lord Clarendon.

doth reach unto) sir George Ratcliff may be sent for, though a member of parliament there. -He was accordingly sent for and committed to the Gate-House.

On the 31st of December 1640, Mr. Pym, in the name of the knights, citizens, and burgesses of the House of Commons, did present Articles to the lords, in maintenance of their Accusation of High Treason against sir George Katchff, the Articles were read openly, in hæc verba:

ARTICLES of the Commons, assembled in Parham nt, against Sir GEORGE RATCLIFF, knight, in maintenance of their Accusation, whereby he stands charged with High Trea

son.

I. That he the said sir George Ratcliff hath traiterously conspired and confederated with Th mas earl of Strafford, to subvert the fundamental laws and government of the realms of England and Ireland, and to introduce an arbitrary and tyrannical government, against laws; and hath been a counsellor, actor and abett r, in that wicked and traiterous design of bringing the Irish army into England, to compel the subjec's of is kingdour to submit thereunto.

II. That he hath traitorously confederated and conspired with the said earl of Stafford, and hath been an actor, counsellor, and instrument to him, in assuming and exercising regal

power over the liberties and persons, lands and goods, of his majesty's subjects of Ireland; and hath accordingly exercised the same tyrannically, to the subversion and undoing of divers of his majesty's liege people.

III. That, for the better enabling the said Earl and himself to go on with their traiterous designs, he the said sir George Ratcliff traiterously joined and confederated with the said Earl, in taking great sums of money out of his majesty's exchequer of Ireland, and converting them to the use of the said Earl and himself, when his majesty was necessitated for his own urgent occasions; the army having been then loug unpaid.

IV. That he hath traitorously confederated with the said Earl, and abused the power and authority which he held in Ireland, to the countenancing and encouraging of papists, that he might settle a mutual dependance and confidence betwixt the Earl and himself and that party, and to alienate the affections of the Irish papists from the subjects of England, and by their help to prosecute and accomplish their malicious and tyrannical designs.

V. That he hath traiterously confederated with the said earl of Strafford, in plotting and endeavouring to stir up enmity and hostility betwixt his majesty's subjects of Ireland and those of Scotland.

VI. That, the better to preserve himself and the said Earl in these and other traiterous courses, be hath laboured to subvert the rights of parliaments, and the ancient course of parliamentary proceedings.

All which offences were committed during the time that the said sir George was a counsellor of state in the kingdom of Ireland, and had taken oath for his faithful discharge of the same. By which actions, confederacies, and conspiracies, he hath traiterously, and contrary to his allegiance, endeavoured the ruin and destruction of his majesty's kingdoms; for which they do impeach him the said sir George Ratcliff of High Treason against our sovereign lord, his crown and dignity.

And the said Commons, by protestation, saving to themselves the liberty of exhibiting, at any time hereafter, any other Accusation or Impeachment against the said sir George Ratcliff, and also of replying to the Answers that he the said sir George shall make unto the said Articles, or to any of them, and of offering proof also of the premises, or any of them, or of any other Impeachment or Accusation that shall be by them exhibited, as the case shall, according to the course of parliaments, require, do pray that the said sir George may be put to answer to all and every the premises; and that such proceedings, examinations, trial, and judgment, may be upon every of them had and used, as is agreeable to law and justice.

After the reading of these Articles, Mr. Pym delivered himself to the Lords in these words:

"My Lords; By hearing this Charge, your

YOL. IV.

lordships may perceive what near conjunction there is between this cause and the earl of Strafford's. The materials for the most part are the same in both. The offences of the Earl, moving from a higher orb, are more comprehensive; they extend both to England and Ireland. These (except in one particular of reduc ing England by the Irish army) are confined within that kingdom. The Earl is charged as an author; sir George Ratcliff as an instrument and subordinate actor. The influences of superior planets are often augmented and enforced, seldom mitigated, by the concurrence of the inferior, where merit doth arise not from well-doing, but from ill. The officiousness of ministers will rather add to the malignity of their instructions, than diminish it, that so they may more fully ingratiate themselves with those upon whom they depend.

"In the crimes committed by the Earl, there appears to be more haughtiness and fierceness, being acted by his own principles: Those motions are ever strongest which are nearest the primum mobile. But in those of sir George Ratcliff, there seems to be more baseness and servility, having resigned and subjected himself to be acted by the corrupt will of another. The ear! of Strafford hath not been bred in the study and practice of the law; and, having stronger lusts and passions to incite him, and less knowledge to restrain him, might more easily be transported from the rule.

"Sir George Ratcliff, in his natural temper and disposition more moderate, and by his edu cation and profession better acquainted with into his offences by an immediate concurrence the grounds and directions of law, was carried thralling of his own reason and judgment. of will, by a more corrupt suppression and in

in offending, so it is the desire of the commons, "My lords, as both these have been partners they may be put under such Examination and Trial, and other proceedings of justice, as may bring them both to partake in a deserved kingdoms." punishment, for the safety and good of both

bar, and told that the house of commons had Then sir George Ratcliff was brought to the brought up Articles of High Treason against him; which being read unto him (having liberty granted him to speak,) he desired their lordships that he might have Counsel assigned him, to advise him, because he conceived there was and that they might have liberty to come to him in the Charge divers points of law to be con◄ ing in the manner of proceedings of this house; sidered, and he himself was altogether unknownext, he desired that he might be allowed a competent time to answer.

to call sir George Ratcliff in again; and the This being resolved of, the Lords were pleased Speaker told him the House had granted both his requests, and acquainted him with the aforesaid order; and then he withdrew.

Then their lordships thought fit to call the Keeper of the Gatehouse, and told him that sir George Ratcliff was now committed by this