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A38224 Depositions and articles against Thomas Earle of Strafford Febr. 16. 1640; Proceedings. 1641-02-16 England and Wales. Parliament. House of Commons. 1641 (1641) Wing E2571A; STC 25247; ESTC S100074 16,100 48

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divers of the said Ships and goods of the Scots to be stayed seized and molested to the intent to set on the said warre XXI That the said Earle of Strafford shortly after his speeches mentioned in the last precedent Article to wit in the fifteenth yeare of his Majesties Reign came into this Realme of England and was made Lord Lieutenant of Ireland and continued his government of that Kingdome by a Deputy At his arrivall here finding that his Majesty with much wisedome and goodnesse had composed the troubles in the North and had made a Pacification with his Subjects of Scotland he laboured by all meanes to procure his Majesty to breake that pacification incensing his Majesty against his Subjects of that Kingdome and the proceedings of the Parliament there And having incensed his Majesty to an offensive warre against his said Subjects of Scotland by Sea and by Land and by pretext thereof to raise Forces for the maintenance of that warre he counselled his Majestie to call a Parliament in England yet the said Earle intended if the said proceedings of that Parliament should not be such as would stand with the said Earle of Straffords mischievous designes hee would then procure his Majestie to breake the same and by wayes of force and power to raise monies upon the said Subjects of this Kingdome And for the incouragement of his Majesty to hearken to his advice he did before his Majesty and his Privie Councell then sitting in Counsell make a large Declaration that he would serve his Majesty in any other way in case the Parliament should not supply him XXII That in the moneth of March before the beginning of the last Parliament the said Earle of Strafford went into Ireland and procured the Parliament of that Kingdome to declare their assistance in a warre against the Scots And gave directions for the raising of an Army consisting of 8000. foot and 1000. horse being for the most part Papists as aforesaid And confederating with one Sir George Radcliffe did together with him the said Sir George trayterously conspire to imploy the said Army for the ruine and destruction of the Kingdome of England and of his Majesties Subjects and of altering and subverting of the fundamentall Lawes of this Kingdome And shortly after the said Earle of Strafford returned into England and to sundry persons declared his opinion to be that his Majesty should first try the Parliament here and if that did not supply him according to his occasions he might then use his Prerogative as he pleased to levie what he needed and that he should be acquitted both of God and man if he tooke some other courses to supply himselfe though it were against the will of his Subjects XXIII That upon the thirteenth day of Aprill last the Parliament of England met and the Commons house then being the representative Body of all the Commons in the Kingdome did according to the trust reposed in them enter into debate and consideration of the great grievances of this Kingdome both in respect of Religion and the publike Libertie of the Kingdome and his Majesty referring chiefly to the said Earle of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earle of Strafford with the assistance of the said Archbishop did procure his Majesty by sundry speeches and messages to urge the said Commons house to enter into some resolution for his Majesties supply for maintenance of his warre against his Subjects of Scotland before any course was taken for the reliefe of the great and pressing grievances wherewith this Kingdome was then afflicted Whereupon a demand was then made from his Majesty of twelve Subsidies for the release of Ship-money onely and while the said Commons then assembled with expressions of great affection to his Majesty and his service were in debate and consideration of some supply before resolution by them made He the said Earle of Strafford with the helpe and assistance of the said Archbishop did procure his Majesty to dissolve the last Parliament upon the fifth day of May last and upon the same day the said Earle of Strafford did treacherously falsely and maliciously endeavour to incense his Majesty against his loving and faithfull Subjects who had been members of the said house of Commons by telling his Majesty they had denied to supply him And afterward upon the same did treacherously and wickedly counsell and advise his Majestie to this effect viz. that having tryed the affections of his people hee was loose and absolved from all Rules of government and was to doe every thing that power would admit and that his Majesty had tryed alwaies and was refused and should bee acquitted both of God and man and that Hee had an Army in Ireland meaning the Army above mentioned consisting of Papists his dependants as is aforesaid which Hee might imploy to reduce this Kingdome to obedience XXIV That in the same moneth of May He the said Earle of Strafford falsly treacherously and maliciously published and declared before others of his Majesties Privie Councell that the Parliament of England had forsaken the King and that in denying to supply the King they had given him the advantage to supply himselfe by other waies and divers other times he did maliciously wickedly and falsly publish and declare that seeing the Parliament had refused to supply his Majesty in the ordinary and usuall way the King might provide for the Kingdome in such waies as hee should hold fit and that he was not to suffer himselfe to be mastered by the frowardnesse of the people And having so maliciously slandered the said house of Commons hee did with the helpe and advice of the said Arch-bishop of Canterbury and the Lord Finch late Lord Keeper of the great Seale of England cause to bee printed and published in his Majesties name a false and scandalous book intituled His Majesties Declaration of the pauses that mooved him to dissolve the last Parliament full of bitter and malicious invectives and false and scandalous aspersions against the said house of Commons XXV That not long after the dissolution of the said last Parliament viz. In the monethes of May and June hee the Earle of Straffard did advise the King to goe on rigorously in leavying the Ship-Money and did procure the Sheriffes of severall Countries to be sent for for not levying the Ship-mony divers of which were threatned by him to be sued in the Starchamber and afterwards by his advice were sued in the Starchamber for not levying the same and divers of his Majesties loving Subjects were sent for and imprisoned by his advice about that and other illegall payments And a great loane of a hundred thousand pounds was demanded of the City of London and the Lord Major and the Aldermen and the Sheriffes of the said City were often sent for by his advice to the Councel Table to give an account of their proceedings in raising of Ship-mony and
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 1● 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
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 Sealed to bee 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 Goale which last proclamation was covered by a pretence for the restraining of the seale of unholsome 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 offenders against the same Proclamation on the pillory as namely Barnaby Hubbard Edward Covena John Tumen 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 rised 100000. pound 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 fixe pence the pound to 3. 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 own gaine viz. on Starch Iron pots Glasses Tobacco pipes and severall other commodities XIII That flaxe being one of the principall native Commodities of that Kingdome of Ireland the said Earle having gotten great quantities thereof into his hands 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 raign and the other dated the 31 day of Ianuary 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 wherin 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 Flaxe wrought or ordered in other manner then as the said Proclamation prescribed was seazed 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 16 day of October in the 14 yeare of his Majesties Raigne did mpose 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 arrivall of any ship within any Port or Creeke in the said Kingdom of Ireland should give in a true in voyce 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 be known 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 Jreland 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 Jreland 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 authoritie 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 Realme 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 troupes of horse and foote armed in warlike manner and in warlike aray 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 an hundred families and tooke and imprisoned them and their wives and carryed 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 Jreland subdued divers others of his Majesties subjects easily to his will and thereby and by the meanes aforesaid hath levied warre within the said Realme against his Majestie 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 Earl 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 of redresse against him and
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