divers others against the Lawes and in subversion of the same And the said Commission and Instructions were procured and issued by the advice of the said Earle And hee the said Earle to the intent that such illegall and unjust power might be exercised with the greater licence and will did advise counsell and procure further directions in and by the said Instructions to be given that no prohibition be granted at all but in cases where the said Counsell shall exceed the limits of the said Instructions And that if any Writ of Habeas Corpus be granted the party bee not discharged till the party performe the Decree and Order of the said Councell And the said Earle in the 13. yeare of his now Majesties Reigne did procure a new Commission to himselfe and others therein appointed with the said Instructions and other unlawfull additions That the said Commission and Instructions were procured by the solicitation and advice of the said Earle of Strafford II. That shortly after the obtaining of the said Commission dated the 21. of March in the 8. yeare of his now Majesties Raigne to wit the last day of August then next following hee the said Earle to bring his Majesties liege people into a dislike of his Majesty and of his government and to terrifie the Iustices of the peace from executing of the lawes he the said Earle being then President as aforesaid and a Iustice of Peace did publiquely at the Assizes held for the County of Yorke in the City of Yorke in and upon the said last day of August declare and publish before the people there attending for the administration of Iustice according to the law and in the presence of the Iustices sitting that some of the Iustices were all for law but they should finde that the Kings little finger should be heavier then the loynes of the law III. That the Realme of Ireland having beene time out of minde annexed to the Imperiall Crowne of this his Majesties Realme of England and governed by the same lawes the said Earle being Lord Deputy of that Realme to bring his Majesties liege people of that Kingdome likewise into dislike of his Majesties governement and intending the subversion of the fundamentall lawes and setled government of that Realme and the distraction of his Majesties liege people there did upon the 30. day of Septemb. in the ninth yeare of his now Majesties Reigne in the City of Dublin the chiefe City of that Kingdome where his Majesties Privy Councell and Courts of Iustice doe ordinarily reside and whither the Nobility and Gentry of that Realme doe usually resort for Iustice in a publique speech before divers of the Nobility and Gentry and before the Maior Aldermen and Recorder and many Citizens of Dublin and other his Majesties liege people declare and publish that Ireland was a conquered Nation and that the King might doe with them what hee pleased and speaking of the Chatters of the former Kings of England made to that City hee further said that their Charters were nothing worth and did binde the King no further then he pleased IV. That Richard Earle of Corke having sued out proces in course of law for recovery of his possession from which he was put by colour of an order made by the said Earle of Strafford and the Councell Table of the said Realm of Ireland The said Earle of Strafford upon a paper petition without legall proceedings did the 20. day of February in the 11 yeare of his now Majâ—sties Reigne threaten the said Earle of Corke being then a Peere of the said Realme to imprison him unlesse he would surcease his suite and said that hee would have neither law nor Lawyers dispute or question any of his orders And the 20. day of March in the said 11. yeare the said Earle of Strafford speaking of an order of the said Councell Table of that Realme made in the time of King Iames which concerned a lease which the said Earle of Corke claimed in certain rectories or tithes which the said Earle of Corke alledged to be of no force said that hee would make the said Earle and all Ireland know so long as hee had the governement there any act of State there made or to be made should be as binding to the subjects of that Kingdome as an Act of Parliament And did question the said Earle of Corke in the Castle Chamber upon pretence of breach of the said order of Councell Table and did sundry other times and upon sundry other occasions by his words and speeches arrogate to himselfe a power above the fundamentall lawes and established governement of that Kingdome and scorned the said lawes and established government V. That according to such his declarations and speeches the said Earle of Strafford did exercise a power above and against and to the subversion of the said fundamentall lawes and stablished governement of the said Realme of Ireland extending such his power to the goods free-holds inheritances liberties and lives of his Majesties Subjects of the said Realme viz. The said Earle of Strafford the 12. day of Decemb. Anno. Dom. 1635. in the time of full peace did in the said Realme of Ireland give and procure to bee given against the Lord Mount-Norris then and yet a Peer of Ireland and then Vice Treasurer and receiver generall of the Realme of Ireland and one of the principall Secretaries of State and Keeper of the Privy Signet of the said Kingdome a sentence of death by a Councell of warre called together by the said Earle of Strafford without any warrant or authority of law or offence deserving any such punishment And hee the said Earle did also at Dublin within the said Realme of Ireland in the month of March in the 14. yeare of his Majesties Reigne without any legall or due proceedings or try all give or cause to bee given a sentence of death against one other of his Majesties subjects whose name is yet unknowne and caused him to be put to death in execution of the said sentence VI. That the said Earle of Strafford without any legall proceedings and upon a paper petition of Richard Ralstone did cause the said Lord Mount-Norris to be disseized put out of possession of his free hold and inheritance of his Mannor of Tymore in the County of Armagh in the Kingdome of Ireland the said Lord Mount-Nortis having beene two yeeres before in quiet possession thereof VII That the said Earle of Strafford in the Terme of Holy Trinity in the 13. yeare of his now Majesties Reigne did cause a case commonly called the case of Tenures upon defect ive titles to be made and drawne up without any jury or tryall or other legall proces and without the consent of parties and did then procure the Iudges of the said Realme of Ireland to deliver their opinions and resolutions to that case and by colour of such opinion did without any legall proceeding cause Thomas Lord Dillon a Peere of the said Realme of
DEPOSITIONS AND ARTICLES AGAINST THOMAS EARLE OF STRAFFORD Febr. 16. 1640. Printed in the yeare 1640. ARTICLES OF the Commons assembled in Parliament against Thomas Earle of Strafford in maintenance of their accusation whereby he stands charged of High Treason 1. THat he the said Thomas Earle of Strafford hath traiterously endeavoured to subvert the fundamentall lawes and government of the Realmes of England and Ireland and in stead thereof to introduce an arbitrary and tyrannicall government against Law which he hath declared by trayterous words counsells and actions and by giving his Majesty advice by force of armes to compell his loyall Subjects to submit thereunto II. That he hath trayterously assumed to himselfe Regall power over the lives liberties persons lands and goods of his Majesties Subjects in England and Ireland and hath exercised the same tyrannically to the subversion and undoing of many both of Peeres and others of his Majesties liege people III. That the better to inrich and enable himselfe to goe through with his trayterous designes hee hath detained a great part of his Majesties revenue without giving legall account and hath taken great summes out of the Exchequer converting them to his owne use when his Majestie was necessitated for his owne urgent occasions and his Army had beene a long time unpaid IV. That he hath trayterously abused the power and authority of his government to the increasing countenancing and incouraging of Papists that so he might settle a mutuall dependance and confidence betwixt himselfe and that party and by their helpe prosecute and accomplish his malicious and tyrannicall designes V. That he hath maliciously endeavoured to stirre up enmity and hostility betweene his Majesties Subjects of England and those of Scotland VI. That hee hath trayterously broken the great trust reposed in him by his Majesty of Lieutenant generall of his Army by wilfully betraying divers of his Majesties subjects to death his Army to a dishonourable defeat by the Scots at Newborne and the Towne of Newcastle into their hands to the end that by the effusion of blood by dishonour and so great a losse of Newcastle his Majesties Realme of England might be ingaged in a Nationall and irreconsiliable quarrell with the Scots VII That to preserve himselfe from being questioned for these and other his trayterous courses hee laboured to subvert the rites of Parliaments and the ancient course of Parliamentary proceedings and by false and malicious slanders to incense his Majesty against Parliaments By which words counsells and actions hee hath trayterously and contrary to his Allegiance laboured to alienate the hearts of the Kings liege people from his Majestie to set a division betweene them and to ruine and destroy his Majesties Kingdomes for which they impeach him of high Treason against our Soveraigne Lord the King his Crowne and dignity VIII And hee the said Earle of Strafford was Lord Deputy of Ireland and Lieutenant generall of the Army there viz. his most excellent Majestie for his Kingdomes both of England and Ireland and Lord President of the North during the time that all and every the crimes and offences before set forth were done and committed and he the said Earle was Lieutenant generall of all his Majesties Army in the north parts of England during the time that the crimes and offences in the 5. and 6. Articles set forth were done and committed IX And the said Commons by protestations saving to themselves the liberty of exhibiting at any time hereafter any other accusation or impeachment against the said Earle and also of replying to the answers that hee the said Earle shall make unto the said Articles or to any of them and of offering proofes also of the premisses or any of them or any other impeachment or accusation that shall be exhibited by them as the cause shall according to the course of Parliaments require doe pray that the said Earle may bee be put to answer for all and every the premisses that such proceedings examinations tryalls and judgements may be upon every of them had and used as is agreeable to Law and Justice The further impeachment of Thomas Earle of Strafford by the Commons assembled in Parliament 1640. WHereas the said Commons have already exhibited Articles against the said Earle formerly expressed c. Now the said Commons doe further impeach the said Earle as followeth viz. I. That hee the said Earle of Strafford the 21. day of March in the 8. yeare of his now Majesties Reigne was President of the Kings Councell in the Northerne parts of England That he the said Earle being President of the said Councell on the 21. day of March a Commission under the great Scale of England with certaine Schedules of Instructions thereto annexed was directed to the said Earle and others the Commissioners therein named whereby amongst other things power and authoritie is limited to the said Earle and others the Commissioners therein named to heare and determine all offences and misdemeanours suites debates controversies and demands causes things and matters whatsoever therein contained and within certaine precincts in the said Northerne parts therein specified and in such manner as by the said Schedule is limited and appointed That amongst other things in the said Instructions it is directed that the said President and others therein appointed shall heare and determine according to the course of proceedings in the Court of Starchamber divers offences deceits and falsities therein mentioned whether the same bee provided for by the Acts of Parliament or not so that the Fines imposed bee not lesse then by Act or Acts of Parliament provided for by those offences is appointed That also amongst other things in the said Instructions it is directed that the said President and others therein appointed have power to examine hear determine according to the course of proceedings in the court of Chancery all manner of Complaints for any matter within the said Precincts as well concerning lands tenements and hereditaments either Freehold Customary or Copyhold as Leases and other things therein mentioned and to stay proceedings in the Court of Common Law by Injunction or otherwise by all wayes and meanes as is used in the Court of Chancery And although the former Presidents of the said Councell had never put in practice such Instructions nor had they any such Instructions yet the said Earle in the month of May in the said 8. yeare and divers yeares following did put in practice exercise and use and caused to be used and put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawfull power and jurisdiction on the persons and estates of his Majesties subjects in those parts and did disinherit divers of his Majesties subjects in those parts of their inheritances sequestred their possessions did fine ransome punish and imprison them and caused them to be fined ransomed punished imprisoned to their ruine and destruction and namely Sir Coniers Darcy Sir Iohn Bourcher and
none should put to sale any Tobacco by whole sale from and after the last day of May then next following but what should bee made up into Rolls and the same sealed with two seales by himselfe appointed one at each end of the Roll. And such as was not so sealed to be seized appointing sixe pence the pound for a reward to such persons as should seize the same and the persons in whose custody the unsealed Tobacco should be found to be committed to Gaole which last Proclamation was covered by a pretence of the restraining of the sale of unwhole some Tobacco but it was truely to advance the said Monopoly Which Proclamation the said Earle did rigorously put in execution by ceazing the goods fining imprisoning whipping and putting the offendors against the same Proclamation on the pillory as namely Barnaby Hubbard Edward Cavena Iohn Tumen and divers others and made the Officers of State and Justices of Peace and other Officers to serve him in compassing and executing these unjust and undue courses By which cruelties and unjust Monopolies the said Earle raised 100000. pounds per annum gaine to himselfe And yet the said Earle though he inhanced the Customes where it concerned the Merchants in generall yet drew downe the impost formerly taken on Tobacco from six pence the pound to three pence the pound it being for his owne profit so to doe And the said Earle by the same and other rigorous and undue meanes raised severall other Monopolies and unlawfull exactions for his owne gaine viz. on Starch Iron pots Glasses Tobacco pipes and severall other commodities XIII That Flax being one of the principall and native Commodities of that Kingdome of Ireland the said Earle having gotten great quantities thereof into his hands and growing on his owne Lands did issue out severall Proclamations viz. one dated the one and twentieth day of May in the eleventh of his Majesties reigne and the other dated the one and thirtieth of January in the same yeare thereby prescribing and injoyning the working of Flax into Yarne and Thread and the ordering of the same in such waies wherein the Natives of that Kingdome were unpractised and unskilfull which Proclamations so issued were by his Commands and Warrants to his Majesties Justices of Peace and other Officers and by other rigorous meanes put in execution and the Flax wrought or ordered in other manner then as the said Proclamation prescribed was ceazed and employed to the use of him and his agents and thereby the said Earle endeavoured to gaine and did gaine in effect the sole sale of that native commodity XIV That the said Earle of Strafford by Proclamation dated the sixteenth day of October in the fourteenth yeare of his Majesties reigne did impose upon the Owners Masters Pursers and Boatswaines of every ship a new and unlawfull oath viz. that they two or more of them immediately after the arivall of any Ship within any Port or Creeke in the said Kingdome of Ireland should give in a true invoyce of the outward bulke of Wares and Merchandises and number of goods and the qualities and condition of the said goods as farre as to them should bee knowne the names of the severall Merchants proprietours of the said goods and the places from whence they were fraughted and whither they were bound to discharge which Proclamation was accordingly put in execution and sundry persons enforced to take the said unlawfull Oath XV. That the said Earle of Strafford trayterously and wickedly devised and contrived by force of Armes in a warlike manner to subdue the Subjects of the said Realme of Ireland to bring them under his tyrannicall power and will and in pursuance of his wicked and trayterous purposes aforesaid the said Earle of Strafford in the eighth yeare of his Majesties reigne did by his owne authority without any warrant or colour of Law tax and impose great summes of money upon the Townes of Baltemore Baudenbridge Talowe and divers other Townes and places in the said Realme of Ireland and did cause the same to be levied upon the inhabitants of those Townes by troopes of Souldiers with force and armes in a warlike manner And on the ninth day of March in the twelfth yeare of his now Majesties reigne trayterously did give authority unto Robert Savile a Serjeant at Armes and to the Captaines of the companies of Souldiers in severall parts of that Realme to send such numbers of Souldiers to lye on the lands and houses of such as would not conforme to his orders untill they should render obedience to his said orders and warrants and after such submission and not before the said Souldiers to returne to their Garrisons And did also issue the like warrants unto divers others which warrants were in warlike manner with force and Armes put in execution accordingly and by such warlike meanes did force divers of his Majesties subjects of that Realm to submit themselves to his unlawfull commands And in the said twelfth yeare of his Majesties reigne the said Earle of Strafford did trayterously cause certaine troopes of horse and foot armed in warlike manner and in warlike array with force and armes to expell Richard Butler from the possession of Castle-Cumber in the Territory of Idough in the said Realme of Ireland and did likewise and in like warlike manner expell divers of his Majesties Subjects from their houses families and possessions as namely Edward Brenman Owen Oberman Patricke Oberman Sir Cyprian Horsfield and divers others to the number of about a hundred families and tooke and imprisoned them and their wives and caried them prisoners to Dublin and there detained them untill they did yeeld up surrender or release their respective estates and rights And the said Earle in like warlike manner hath during his government of the said kingdome of Ireland subdued divers others of his Majesties subjects ease to his will and thereby and by the meanes aforesaid hath levied warre within the said Realme against his Majesty and his liege people of that kingdome XVI That the said Earle of Strafford the two and twentieth of February in the seventh yeare of his now Majesties reigne intending to oppresse the said subjects of Ireland did make a proposition and obtained from his Majesty an allowance that no complaint of injustice or oppression done in Ireland should be received in England against any unlesse it first appeared that the party made first his addresse to him the said Earle and the said Earle having by such usurped tyrannicall and exorbitant power expressed in the former Articles destroyed the Peeres and other subjects of that Kingdome of Ireland in their lives consciences land liberties and estates the said Earle to the intent the better to maintaine and strengthen his power and to bring the people into a disaffection of his Majesty as aforesaid did use his Majesties name in the execution of his said power And to prevent the subjects of that Realme of all means of complaints to his Majesty and