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
others against the Lawes and in subversion of the same And the said Commission and Instrnctions were procured and issued by the advice of the said Earle And he the said Earle to the intent that such illegall and unjust power might be exercised with the greater License 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 be not discharged till the party performe the Decree and Order of the said Counsell 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 Reigne to wit the last day of August then next following he the said Earle to bring his Majesty liege people into a dislike of his Majesty and of his Government and to terrifie the Justices of the Peace from executing of the Lawes he the said Earle being then President as aforesaid and a Justice of Peace did publiquely at the Assises held for the County of Yorke in the Citie of Yorke in and upon the said last day of August declare and publish before the people there attending for the administration of Justice according to the Law and in the presence of the Justices sitting That some of the Justices were all for Law but they should finde that the Kings little singer should be heavier than 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 government and intending the subversion of the sundamentall Lawes and setled government of that Realme and the distraction of his Majesties liege people there did upon the 30 day of September in the ninth yeare of his now Majesties Reigne in the Citie of Dublin the chiefe City of that Kingdome where his Majesties privie Counsell and Courts of Justice doe ordinarily reside and whether the Nobilitie and Gentry of that Realme doe usually resort for Justice in a publike Speech before divers of the Nobilitie and Gentry and before the Major Aldermen and Recorder and many Cirizens of Dublin and other his Majesties Liege people declare and publish that Jreland was a conquered Nation and that the King might doe with them what he pleased and speaking of the Charters of the former Kings of England made to that Citie hee further said that their Charters were nothing worth and did bind the King no further then he pleased IV. That Richard Earle of Corke having sued out Processe in course of Law for recovery of his possessions from which he was put by colour of an order made by the said Earle of Strafford and the Councell Table of the said Realme of Ireland The said Earle of Strafford upon a paper Petition without legall proceeding did the 20. day of February in the 11. yeere of his now Majesties Reigne threaten the said Earle of Corke being then a Peere of the said Realme to imprison him unlesse he would surcease his snit 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 1â— yeare of the said Earle of Strafford speaking of an order of the said Counfell Table of that Realme in the time of King James which concerned a Lease which the said Earle of Corke claimed in certaine rectories or tithes which the said Earle of Corke alleadged to be of no force said That he would make the said Earle and all Ireland know so long as he had the Government there any Act of State there made or to be made should bee 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 Counsell Table and did sundry ther times and set upon sundry other occasions by his words and speeches arrogate to himselfe a power above the fundamentall lawes and established Government of that Kingdom and scorned the said Lawes and established Government V. That according to such his declarations and speeches the said Earle of Strafford did use and exercise a power above against and to the subvertion of the said fundamentall Lawes and stablished government of the said Realme of Jreland 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 December Anno Dom. 1635. in the time of full peace did in the said Realm of Jreland give and procure to bee given against the Lord Mount-Norris then and yet a Peere of Jreland and then Vice-Treasurer and receiver generall of the Realme of Ireland and one of the principall Secretaries of State and Keeper of the Privie 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 he the said Earle die also at Dublin within the said Realme of Jreland in the moneth of March in the 14 yeare of his Majesties Reigne without any legall or due proceedings or tryall 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 and put out of possession of his free-hold and inheritance of his Mannor and Tymore in the Countrey of Armagh in the Kingdome of Ireland the said Lord Mount-Norris having beene two yeares before in quiet possession therof VII That the said Earle of Strafford in the Terme of Holy Trinity in the 13 yeere of his now Majesties Reigne did cause a case commonly called the case of Tenures upon defective titles to be made and drawne up without any jury or tryall or other legall processe without the consent of parties and did then procure the Judges of the said Realme of Jreland 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 Jreland
his agents did issue a Proclamation bearing date the seventeenth day of September in the eleventh yeare of his Majesties Reigne thereby commanding all the Nobilitie undertakers and others who held estates and offices in the said kingdome except such as were employed in his Majesties service or attending in England by his speciall command to make their personall residence in the said Kingdome of Ireland and not to depart thence without licence of himselfe And the said Earle hath since issued other Proclamations to the same purpose by meanes whereof the subjects of the said Realme are restrained from seeking reliefe against the oppressions of the said Earle without his licence which Proclamation the said Earle hath by severall rigoruos waies as by fine imprisonment and otherwise put in execution on his Majesties subjects as namely one Parry and others who came over only to complaine of the exorbitances and oppressions of the said Earle XVII That the said Earle having by such meanes as aforesaid subverted the government lawes of the Kingdome of Ireland did in March in the 16 yeare of his Majesties Reigne in scandall of his Majestie of all his Kingdomes in further execution of his wicked purposes aforesaid speaking of the Armies in Ireland declare that his Majesty was so well pleased with the Army of Ireland and the consequence thereof that his Majesty would certainely make the same a patterne for all his three Kingdomes XVIII That the said Earle of Strafford for the better effecting of his traytrous designes wicked puposes did indeavour to draw dependency upon himselfe of the Papists in both Kingdomes of Eengland and Ireland and to that end during the time of governement in Jreland hee restored divers Frieries and Masse-houses which had beene formerly suppressed by precedent Deputies of that Kingdome two of which houses were in the City of Dublin had been assigned to the use of the University there to the pretended owners thereof who have since imployed the same to the exercise of the Popish Religion And in the moneth of May and Iune last the said Earle did raise an Army in the said Realme of England consisting of eight thousand foote all of which except one thousand or there abouts were Papists and the said one thousand were drawne out of the old Army there consisting of two thousand foot and in their places there were a thousand Papists or thereabouts put into the said old Army by the said Earle And the more to ingage and tye the new Army of Papists to himselfe and to encourage them and to discourage and weare out the old Army the said Earle did so provide That the said new Army of Papists were duely paid and had all necessaries provided for them and permitted the exercise of their Religion but the said old Army were for the space of one whole yeare and upwards unpaid And that the said Earle being appointed a Commissioner within eleven severall Counties in the Northern parts of England for compounding with Recusants for their forfeitures due to his Majestie which commission beareth date the eight day of July in the fift yeare of his Majesties Reigne that now is and being also receiver of the composition money thereby arising and of other debts duties and penalties for his Majesties use by Letters Patents dated the ninth day of the said July he to engage the said Recusants to him did compound with them at low and under rates and provided that they should be discharged of all proceedings against them in all his Majesties Courts both temporall and Ecclesiasticall in manifest breach of and contrary to the Lawes and Statutes of this Realme in that behalfe established XIX That the said Earle having taxed and levied the said impositions and raised the said Monopolies and committed the said oppressions in his Majesties name and as by his Majesties Royall command he the said Earle in May the fifteenth yeare of his Majesties Reigne did of his owne authoritie contrive and frame a new and unusuall oath by the purport whereof among many other things the party taking the said oath was to sweare that hee should not protest against any of his Majesties Royall commands but submit themselves in all obedience thereunto Which oath he so contrived to enforce the same on the subjects of the Scottish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a discontent with his Majesty and his government there and compelled divers of his Majesties said Subjects there to take the said oath some he grievously fined and imprisoned and others he destroyed and exiled and namely the 10. of October Anno Dom. 1639. he fined Henry Steward and his wife who refused to take the said oath five thousand pounds a piece and their two daughters James Gray three thousand pounds a piece and imprisoned them for not paying the said fines The said Henry Stewards wife and daughters James Gray being the Kings liege people of the Scottish Nation and divers others he used in the like manner and the said Earle upon that occasion did declare that the said oath did not onely oblige them in point of allegiance to his Majesty and acknowledgement of his Supremacy onely but to the Ceremonies government of the Church established or to be established by his Majesties royall Authoritie and said that the refusers to obey he would prosecute to the blood XX. That the said Earle in the 15. and 16. yeares of his Majesties Reigne and divers yeares past laboured and endeavoured to beget in his Majestie an ill opinion of his Subjects namely those of the Scottish Nation and diverse and sundry times and especially since the pacification made by his Majesty with his said Subjects of Scotland in Summer in the fifteenth yeare of his Majesties reigne he the said Earle did labour and endeavour to perswade incite and provoke his Majestie to an offensive warre against his said Subjects of the Scottish Nation and the said Earle by his counsell actions and endeavours hath beene and is a principall and chiefe incendiary of the warre and discord betweene his Majesty and his Subjects of England and the said Subjects of Scotland and hath declared and advised his Majestie that the demand made by the Scots in this Parliament were a sufficient cause of warre against them The said Earle having formerly expressed the height and rancor of his minde towards his Subjects of the Socttish Nation viz. the tenth day of October in the fifteenth yeare of his Majesties Reigne he said that the Nation of the Scots were rebels and traytors and he being then about to come to England he then further said that if it pleased his Master meaning his Majestie to send him backe againe he would roote out of the said Kingdome meaning the Kingdome of Ireland the Scottish Nation both root and branch Some Lords and others who had taken the said Oath in the precedent Article onely excepted and the said Earle hath caused