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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A73387 Depositions and articles against Thomas Earle of Strafford, Febr. 16. 1640; Proceedings. 1641-02-16. England and Wales. Parliament. House of Commons. 1641 (1641) STC 25248.5; Wing E2572bA; ESTC R204327 16,130 48

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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