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A38224
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Depositions and articles against Thomas Earle of Strafford Febr. 16. 1640; Proceedings. 1641-02-16
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England and Wales. Parliament. House of Commons.
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1641
(1641)
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Wing E2571A; STC 25247; ESTC S100074
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16,100
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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 I. 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 instead thereof to introduce an arbitrary and tyrannicall Government against Law which he hath declared by traiterous words counsels and actions and by giving his Majesty advice by force of Armes to compell his loyall subjects to submit therunto II. That hee hath traiterously 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 traiterous 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 Majesty was necessirated for his owne urgent occasions and his Army had beene a long time unpaid IV. That hee hath traiterously abused the power authority of his government to the increasing countenancing and encouraging of Papists that so he might settle a mutuall dependance 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 he hath traiterously 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 Newborn and the Towne of New-Castle into their hands to the end that by the effusion of blood by dishonour and so great a losse of New-Castle his Majesties Realme of England might be engaged in a Nationall and irreconciliable quarrell with the Scots VII That to preserve himselfe from being questioned for those and other his traiterous courses hee laboured to subvert the right of Parliaments and the ancient course of Parliamentary proceedings and by false and malicious slanders to incense his Majestie against Parliaments By which words counsels and actions hee hath traiterously and contrary to his Allegiance laboured to alienate the hearts of the Kings liege people from his Majesty 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 dignitie VIII And he the said Earle of Strafford was Lord Deputie of Ireland and Lieutenant generall of the Army there viz. His most excellent Majesty for his Kingdomes both of England and Ireland and the L. 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 fift and sixt 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 he the said Earle shall make unto the said Articles or to any of them and of offering proves 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 be put to answer for all and every the premisses that such proceedings examinations tryals and Judgements may bee 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 c. I. That he the said Earle of Strafford the 21 day of March in the 8. yeare of his now Majesties Reigne was president of the Kings Counsell in the Northerne parts of England That the said said Earle being President of the said Counsell on the 21. day of March a Commission under the great Seale of England with certaine Schedules of instructions thereunto annexed was directed to the said Earle or others the Commissioners therein named wherby amongst other things power and authority is limited to the said Earle and others the Commissioners therein named to heare and determine all offences and misdemeanors suites debates controversies and demandes causes things and matters whatsoever therein contained and within certaine precincts in the said Northene 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 others therein appointed shal heare and determine according to the course of proceedings in the Court of Starchamber divers offences deceits and falsities therein mentioned whether the same be provided for by the Acts of Parliament or not so that the Fines imposed be 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 heare and determine accoring 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 free-hold Customary or Copy-hold as Leases and other things therin mentioned and to stay proceedings in the Court of Common Law by Injunction or otherwise by all wayes and means as is used in the Court of Chancery And although the former Presidents of the said Counsell had never put in practice such Instructions nor had they any such Instructions yet the said Earle in the moneth of May in the said 8 yeare and divers yeares following did put in practise 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 dis-inherit 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 and imprisoned to their ruine destruction and namely Sir Coniers Darcy Sir Iohn Bourcher and divers
to be put out of possession of divers Lands and Tenements being his free-hold in the Countrey of Mago and Rosecomen in the said Kingdome and divers other of his Majesties subjects to be also put out of possession and disseized of their free hold by colour of the same resolution without legall proceedings whereby many hundreds of his Majesties subjects were undone and their families utterly ruinated VIII That the said Earle of Strafford upon a Petition of Sir Iohn Gifford Knight the first day of February in the said 13 yeare of his Majesties Reigne without any legall processe made a Decree or Order against Adam Viscount Lofts of Elie a Peere of the said Realme of Jreland and Lord Chancellor of Jreland and did cause the said Uiscount to bee imprisoned and kept close prisoner on pretence of disobedience to the said decree or order And the said Earle without any authority and contrary to his Commission required and commanded the said Lord Viscount to yeeld unto him the great Seale of the Realme of Ireland which was then in his custody by his Majesties command and imprisoned the said Chancellor for not obeying such his command And without any legall proceedings did in the same thirteenth yeare imprison George Earle of Kildare a Peere of Jreland against Law thereby to enforce him to submit his title to the Mannor and Lordship of Castle Leigh in the Queenes Countie being of great yearely value to the said Earle of Straffords will and pleasure and kept him a yeare prisoner for the said cause two moneths whereof he kept him close prisoner and refused to enlarge him notwithstanding his Majesties Letters for his enlargement to the said Earle of Strafford directed And upon a Petition exhibited in October 1635. by Thomas Hibbots against dame Mary Hibbots Widdow to him the said Earle of Strafford the said Earle of Strafford recommended the said Petition to the Counsell Table of Ireland where the most part of the Counsell gave their vote and opinion for the said Lady but the said Earle finding fault herewith caused an order to be entred against the said Lady and threatned her that if shee refused to submit thereunto he would imprison her and fine her five hundred pound that if she continued obstinate he would continue her imprisonment and double her fine every month by month whereof she was enforced to relinquish her estate in the land questioned in the said Petition which shortly was conveyed to Sir Robert Meredith to the use of the said Earle of Strafford And the said Earle in like manner did imprison divers others of his Majesties Subjects upon pretence of disobedience to his orders and decrees and other illegall command by him made for pretended debts titles of Lands and other causes in an arbitrary and extrajudiciall course upon Paper Petitions to him preferred and no other cause legally depending IX That the said Earle of Strafford the sixtenth day of Febr. in the 12. yeare of his now Majesties Reigne assuming to himselfe a power above and against Law tooke upon him by a generall Warrant under his hand to give power to the Lord Bishop of Down and Connor his Chancellor or Chancellors to their severall Officers thereto to bee appointed to Attach and Arrest the Bodies of all such of the meaner and poorer sort where after citation should either refuse to appeare before them or appearing should omit or deny to performe or undergoe all lawfull decrees sentences and orders issued imposed or given out against them and them to commit and keepe in the next Goale untill they should either performe such sentences or put in sufficient Baile to shew some reason before the Counsell Table of such their contempt and neglect and the said Earle the day and yeare last mentioned signed and issued a Warrant to that effect and made the like Warrant to send to all other Bishops and their Chancellors in the said Realme of Ireland to the same effect X. That the said Earle of Strafford being Lord Lieutenant or Deputy of Jreland procured the Customes of the Merchandize exported out and imported into that Realme to be farmed to his owne use And in the ninth yeare of his now Majesties Reigne he having then intrest in the said Customes to advance his owne gaine and lucre did cause and procure the native commodities of Jreland to be rated in the booke of Rates for the Customes according to which the Customes were usually gathered at farre greater values and prices then in truth they were worth that is to say every hide at 20. shillings which in truth was worth but five shillings every stone of Wooll at thirteene shillings foure pence though the same ordinarily were worth but five shillings at the utmost but nine shillings by which meanes the custome which before was but a twentieth part of the true value of the commoditie was inhansed sometimes to a fift part and sometimes to a fourth and sometimes to a third part of the true value to the great oppression of the subjects and decay of Marchandize XI That the said Earle in the ninth yeare of his now Majesties Reigne did by his own will and pleasure and for his owne lucre restraine the exportation of the commodities of that Kingdome without his licence as namely Pipe-staves and other commodities and then raised great summes of money for licensing of exportation of those commodities and dispensation of the said restraints imposed on them by which means the pipe-staves were raised from foure pound ten shillings or 5 pound per thousand to ten pound and sometimes eleven pound per thousand and other commodities were inhanced in the like proportion and by the same meanes by him the said Earle XII That the said Earle being Lord Deputy of Ireland on the ninth day of Ianuary in the thirteenth yeere of his Majesties Reigne did then under colour to regulate the Importation of Tobacco into the said Realme of Ireland issue a Proclamation in his Majesties name prohibiting the importation of Tobacco without licence of him and the Counsell there from and after the first day of May Anno Dom. 1638. after which restraint the said Earle notwithstanding the said restraint caused divers great quantities of Tobacco to be imported to his owne use and fraughted divers ships with Tobacco which he imported to his owne use and that if any ship brought Tobacco into any Port there the said Earle and his Agents used to buy the same to his owne use at their owne price And if that the owners refused to let him have the same at under values then they were not permitted to vent the same by which undue meanes the Earle having gotten the whole Trade of Tobacco into his owne hands he sold it at great and excessive prices such as he list to impose for his owne profit And the more to assure the said Monopoly of Tobacco he the said Earle on the 23. day of February in the thirteenth yeare aforesaid did issue another Proclamation commanding that