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land_n	aforesaid_a	part_n	tenement_n	2,046	5	11.0585	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A57925	The Tryal of Thomas, Earl of Strafford, Lord Lieutenant of Ireland, upon an impeachment of high treason by the Commons then assembled in Parliament, in the name of themselves and of all the Commons in England, begun in Westminster-Hall the 22th of March 1640, and continued before judgment was given until the 10th of May, 1641 shewing the form of parliamentary proceedings in an impeachment of treason : to which is added a short account of some other matters of fact transacted in both houses of Parliament, precedent, concomitant, and subsequent to the said tryal : with some special arguments in law relating to a bill of attainder / faithfully collected, and impartially published, without observation or reflection, by John Rushworth of Lincolnes-Inn, Esq.	Strafford, Thomas Wentworth, Earl of, 1593-1641, defendant.; Rushworth, John, 1612?-1690.; England and Wales. Parliament. House of Commons.	1680 (1680)	Wing R2333; ESTC R22355	652,962	626

heard my Lord of Strafford mention the reducing of England by an Irish Army It is true my Lord of Northumberland goes thus far That he hath heard him say something whereby he might conceive there was intended some Course of raising Moneys by extraordinary wayes And that my Lord of Strafford confesses is very true for if it were by borrowing 3 or 400000 l. it is an extraordinary way the Kings Revenue could not serve these occasions there must be other wayes and Loan was one and that fair and honourable and just So then as to this Testimony the Defendant offers to their Lordships that he hath examined my Lord of Northumberland and he knows no such thing He hath examined my Lord Marquiss of Hamilton and his Lordship is pleased to say He remembers no such thing at the Committee of 8. He desired my Lord Treasurer might be Examined to the same Words The L. Treasurer being Asked Whether ever he heard my Lord of Strafford in any private Council or Debate with the King tell him the said words He Answered That he never heard my Lord speak those words of the Irish Army nor any thing like it and he repeated That he never heard his Lordship speak it in the manner proposed nor any thing like it Being Asked on Mr. Maynards motion Whether he ever heard my Lord of Strafford say The King was loose and Absolved from all Government He Answered That he desired time to consider of that He remembers not any such thing but he reserves himself for that Being Asked on the like motion Whether he heard my Lord of Strafford say any thing to that purpose That the Parliament had deserted or forsaken the King He Answered That he remembers not that he heard any such thing Lord Cottington being Asked on my Lord of Straffords motion Whether he heard my Lord of Strafford say such words That the King had an Army in Ireland and he might employ them to reduce this Kingdom He Answered That he hath heard the Question heretofore and is very confident he did never hear him say it in his hearing and that he hath a great deal of Reason to be confident of it Being Asked on Mr. Maynards Motion Whether he heard my Lord of Strafford say That the King was Absolved or Loose from all Rules of Government or words to that effect He Answered That as he takes it he hath been Asked to that Question too and he thinks he never heard the words for it was as he thinks a very absurd Proposition and he should not have heard it with patience Being Asked on the like motion Whether he heard him say The Parliament had forsaken or denyed or deserted the King or words to that effect He Answered That for saying The Parliament had not provided for the King The Parliament was ended and had not provided for the King and That the Parliament had not provided or left the King without Money It is very probable he did say it and he thinks he did so for it was the truth Being Asked Whether he said The Parliament had denyed the King He Answered That what his words were It is a hard matter for him to say That he said The Parliament had denyed or left the King he will not Swear Being Asked on like motion Whether he perswaded the King that he was to be supplyed in extraordinary wayes He Answered That he cannot Swear that neither Where Mr. Maynard observed That my Lord of Strafford himself granted and yet that 's forgotten To which my Lord Cottington Answered That if the Gentlemen would have heard him out he should have given good satisfaction He hath been Examined Whether my Lord of Strafford used these words Extraordinary wayes and he cannot say he did but he hath heard him say The King ought to seek out all due and legal wayes and to employ His Power and Authority and Prerogative Castè Candidè he remembers these words very well For close of his Defence to these words That His Majesty had an Army in Ireland to reduce this Kingdom witnessed by Mr. Treasurer My Lord of Strafford said Mens memories are weak and the best may be mistaken or misremember and may think one man says that which another man says or that a man says that which in truth he did not say as it is in this Case Their Lordships have had all the light that is possible for him the Defendant to give them My Lord of Northumberland being examined on oath sayes he remembers not the words My Lord Marquis Hamilton remembers them not My Lord Treasurer of England remembers neither that nor any thing like it My Lord Cottington remembers no such thing and is well assured he never heard him say any such thing Here are all that are left of the Committee save my Lord of Canterbury and him the Defendant cannot examine otherwise he would Secretary Windebank is a little too far off to be heard at this time and if their Lordships could ask him whether the Defendant ever spake the words on the faith of a Christian and a Gentleman he will take his oath he doth not think nor believe he ever spake them but believes as constantly as possible can be that he never spake them He would be loath to swear he did not it being so long since But when his words shall more particularly and specially be remembred by another man than by himself he must commend that memory that observed what he said so perfectly as to be able to give a better account of them than himself the party that spake the words or any man in the company besides My Lord further insisted That this concerns him very nearly for it would be a grievous charge that is on him by this means though not in the intendment of the Gentleman that urges it who he hopes wishes him well if he should be thought to be an overthrower of the Liberties of the Subject by a foreign Army However it is a single Testimony and no more and that single Testimony without any prejudice to the Testimony cannot rise in Judgement against him Nay he cannot be Indicted nor Arraigned of High Treason for it by the Statutes of 1 E. 6. Ca. 12. the last Proviso of it in these words BE it Enacted by the Authority aforesaid That no Person or Persons after the First day of February next coming shall be Indicted Arraigned Condemned or Convicted of any offence of Treason Petty-Treason or Misprision of Treason or any words before specified after the First day of February for which the said Offender or Speaker shall suffer any pain of Death Imprisonment Loss Forfeiture of Goods Lands or Tenements unless the said Offender or Speaker be accused by two sufficient and lawful Witnesses orshall willingly without violence confess the same And if their Lordships will give leave to consider the first part of the words being fairly and indifferently interpreted and with

Majesty continuing still to take the advice of His Great Council the Parliament along with him in the management of the great affairs of the Kingdom The Earl of Strafford understanding that His Majesty had passed the Bill did Humbly Petition the House of Peers SEEing it is the good Will and pleasure of God that your Petitioner is now shortly to pay that Duty which we all owe to our frail Nature he shall in all Christian Patience and Charity conform and submit himself to your Justice in a comfortable assurance of the great hope laid up for us in the Mercy and Merits of our Saviour blessed for ever Only he humbly craves to return your Lordships most Humble thanks for your Noble Compassion towards those Innocent Children whom now with his last blessing he must commit to the protection of Almighty God beseeching your Lordships to finish his pious intentions towards them and desiring that the reward thereof may be fulfilled in you by him that is able to give above all we are able to ask or think Wherein I trust the Honourable House of Commons will afford their Christian Assistance And so beseeching your Lordships Charitably to forgive all his Omissions and Infirmities he doth very heartily and truly recommend your Lordships to the Mercies of Our Heavenly Father and that for his Goodness he may perfect you in every good Work Amen THO. WENTWORTH WHereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament Assembled have in the name of themselves and of all the Commons of England Impeached Thomas Earl of Strafford of High Treason for endeavouring to subvert the Antient and Fundamental Laws and Government of His Majesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannical Government against Law in the said Kingdoms and for exercising a Tyrannous and exorbitant Power over and against the Laws of the said Kingdoms and the Liberties Estates and Lives of His Majesties Subjects and likewise having by his own Authority Commanded the Laying and Assessing of Soldiers upon His Majesties Subjects in Ireland against their consents to compel them to obey his unlawful Summons and Orders made upon Paper-Petitions in Causes between Party and Party which accordingly was executed upon divers of His Majesties Subjects in a Warlike manner within the said Realm of Ireland and in so doing did Levy War against the Kings Majesty and His Liege People in that Kingdom And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to His Majesty and did Counsel and Advise His Majesty That he was loose and absolved from the Rule of Government and That he had an Army in Ireland by which he might reduce this Kingdom for which he deserves to undergo the Pains and Forfeitures of High Treason And the said Earl hath been an Incendiary of the Wars between the two Kingdoms of England and Scotland all which Offences have been sufficiently proved against the said Earl upon his Impeachment Be it therefore Enacted by the Kings Most Excellent Majesty and by the Lords and Commons in this present Parliament assembled and by the Authority of the same that the said Earl of Strafford for the Heinous Crimes and Offences aforesaid stand and be adjudged and attainted of High-Treason and shall suffer such Pain of Death and incurr the Forfeitures of his Goods and Chattels Lands Tenements and Hereditaments of any Estate of Freehold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this Parliament or at any time since Provided that no Judge or Judges Justice or Justices whatsoever shall adjudge or interpret any act or thing to be Treason nor hear or determin any Treason in any other manner than he or they should or ought to have done before the making of this Act and as if this Act had never been had or made Saving always unto all and singular Persons Bodies Politick and Corporate their Heirs and successors others then the said Earl and his Heirs and such as Claim from by or under him all such Right Title and Interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contain'd to the contrary notwithstanding Provided That the passing of this present Act or His Majesties Assent thereunto shall not be any determination of this present Sessions of Parliament But that this present Sessions of Parliament and all Bills and Matters whatsoever depending in Parliament and not fully Enacted or Determined and all Statutes and Acts of Parliament which have their continuance until the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been The day following the King wrote this Letter to the Lords on the behalf of the Earl of Strafford and sent it by the Prince My Lords I Did yesterday satisfie the Iustice of the Kingdom by passing the Bill of Attainder against the Earl of Strafford but Mercy being as inherent and inseparable to a King as Iustice I desire at this time in some measure to shew that likewise by suffering that unfortunate Man to fulfil the Natural Course of his Life in a Close Imprisonment Yet so if ever he make the least offer to escape or offer directly or indirectly to meddle in any sort of publick business especially with me either by Message or Letter it shall cost him his Life without further Process This if it may be done without the Discontentment of my People will be an unspeakable contentment to me to which end as in the first place I by this Letter do earnestly desire your Approbation and to endear it more have chosen him to carry it that of all your house is most dear to me So I desire that by a Conference you will endeavour to give the House of Commons Contentment assuring you that the Exercise of Mercy is no more pleasing to me than to see both Houses of Parliament Consent for my sake that I should moderate the severity of the Law in so important a Case I will not say that your Complying with me in this my intended Mercy shall make me more Willing but certainly 't will make me more Chearful in Granting your Iust Grievances But if no less then his life can satisfie my people I must say Fiat Justitia Thus again recommending the Consideration of my Intention to you I rest Your unalterable and affectionate Friend Charles R. Whitehall 11th of May 1641. If he must dye is were Charity to Reprieve him till Saturday This Letter all Written with the Kings own Hand and delivered by the Hand of the Prince was twice Read in the House and after serious and sad Consideration the

Demands Causes Things and Matters whatsoever therein contained and within certain Precincts in the said Northern Parts therein specified and in such manner as by the said Schedule is limitted and appointed That amongst other things in the said Instructions it is directed That the said President and others therein appointed shall hear and determine according to the course of Procéedings in the Court of Star-Chamber divers Offences Deceits and Falsities therein mentioned whether the same be provided for by Acts of Parliament or not so that the Fines imposed be not less than by the Act or Acts of Parliament provided against 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 and 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 Free-hold Customary or Copy-hold as Leases and other things therein mentioned and to stay Proceedings in the Court of Common Law by Injunction or otherwise by all ways and means as is used in the Court of Chancery And although the former Presidents of the said Council had never put in practise such Instructions nor had they any such Instructions yet the said Earl in the month of May in the said Eighth Year and divers years 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 unlawful Power and Iurisdiction over 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 and did Fine Ransome Punish and Imprison them and caused them to be Fined Ransomed Punished and Imprisoned to their Ruine and Destruction and namely Sir Coniers Darcy Sir John Bourcher and divers others against the Laws and in subversion of the same And the said Commission and Instructions were procured and issued by advice of the said Earl And he the said Earl to the intent that such Illegal and Unjust Power might be exercised with the greater Licence and Will did advise counsel 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 Council 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 perform the Decrée and Order of the said Council And the said Earl in the 13th Year of His Majesties Reign did procure a new Commission to himself and others therein appointed with the said Instructions and other unlawful Additions That the said Commission and Instructions were procured by the sollicitation and advice of the said Earl of Strafford II. That shortly after the obtaining of the said Commission dated the 21th of March in the Eighth Year of His Majesties Reign to wit the last day of August then next following he the said Earl 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 Laws He the said Earl being then President as aforesaid and a Iustice of Peace did publiquely at the Assizes held for the County of York in the City of York in and upon the said last day of August declare and publish before the people there attending for the administration of Iustice according to Law and in the presence of the Iustices sitting that some of the Iustices were all for Law and nothing would please them but Law but they should find that the King 's little Finger should be heavier than the Loines of the Law III. That the Realm of Ireland having been time out of mind annexed to the Imperial Crown of this His Majesties Realm of England and Governed by the same Laws The said Earl being Lord Deputy of that Realm to bring His Majesties Liege-Subjects of that Kingdom likewise into dislike of His Majesties Government and intending the subversion of the Fundamental Laws and setled Government of that Realm and the destruction of His Majesties Liege-people there did upon the 30th day of September in the Ninth Year of His now Majesties Reign in the City of Dublin the chief City of that Realm where His Majesties Privy-Council and Courts of Iustice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Iustice in a publick Speech before divers of the Nobility and Gentry of that Kingdom and before the Mayor 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 do with them what he pleased and speaking of the Charters of former Kings of England made to that City he further then said That their Charters were nothing worth and did bind the King no further than He pleased IV. That Richard Earl of Cork having sued out Process-in course of Law for recovery of his Possessions from which he was put by colour of an Order made by the said Earl of Strafford and the Council-Table of the said Realm of Ireland upon a Paper-Petition without Legal procéeding did the 20th day of February in the Eleventh Year of His now Majesties Reign threaten the said Earl being then a Péer of the said Realm to imprison him unless he would surcease his Suit and said That he would have neither Law nor Lawyers dispute or question his Orders And the 20th day of March in the said Eleventh Year the said Earl of Strafford speaking of an Order of the said Council-Table of that Realm made in the time of King James which concerned a Lease which the said Earl of Cork claimed in certain Rectories or Tythes which the said Earl of Cork alledged to be of no force said That he would make the said Earl and all Ireland know that so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdom as an Act of Parliament And did question the said Earl of Cork in the Castle-Chamber there upon pretence of breach of the said Order of Council-Table and did sundry other times and upon sundry other occasions by his words and spéeches arrogate to himself a Power above the Fundamental Laws and Established Government of that Kingdom and scorned the said Laws and Established Government V. That according to such his Declarations and Spéeches the said Earl of Strafford did use and exercise a Power above and against and to the subversion of the said Fundamental Laws and Established Government of the said Realm of Ireland extending such his Power to the Goods Fréeholds Inheritances Liberties and Lives of His Majesties Subjects of the said Realm and

namely the said Earl of Strafford the 12th day of December Anno Domini 1635. in the time of full Peace did in the said Realm of Ireland give and procure to be given against the Lord Mountnorris then and yet a Péer of the said Realm of Ireland and then Uice-Treasurer and Receiver-General of the Realm of Ireland and Treasurer at War and one of the Principal Secretaries of State and kéeper of the Privy-Signet of the said Kingdom a Sentence of Death by a Council of War called together by the said Earl of Strafford without any Warrant or Authority of Law or Offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the Month of March in the Fourtéenth Year of His Majesties Reign without any Legal or due Procéedings or Trial give and cause to be given a Sentence of Death against one other of His Majesties Subjects whose name is yet unknown and caused him to be put to Death in execution of the same Sentence VI. That the said Earl of Strafford without any Legal Procéedings and upon a Paper-Petition of Richard Rolston did cause the said Lord Mountnorris to be disseised and put out of Possession of his Freehold and Inheritance of his Mannor of Tymore in the County of Armagh in the Kingdom of Ireland the said Lord Mountnorris having been 18 years before in quiet possession thereof VII That the said Earl of Strafford in the Term of holy Trinity in the Thirteenth Year of His now Majesties Reign did cause a Case commonly called The Case of Tenures upon defective Titles to be made and drawn up without any Iury or Tryal or other Legal Process and without the consent of Parties and did then procure the Iudges of the said Realm of Ireland to deliver their Opinions and Resolutions to that case and by colour of such Opinion did without any Legal procéeding cause Thomas Lord Dillon a Péer of the said Realm of Ireland to be put out of the possession of divers Lands and Tenements being his Fréehold in the Country of Mayo and Roscomen in the said Kingdom and divers other of His Majesties Subjects to be put out of Possession and disseised of their Fréehold by colour of the same Resolution without Legal proceedings whereby many hundreds of His Majesties Subjects were undone and their Families utterly ruinated VIII That the said Earl of Strafford upon a Petition of Sir John Gifford Knight the first day of February in the said Thirteenth Year of His Majesties Reign without any Legal Process made a Decrée or Order against Adam Uiscount Loftus of Ely a Peer of the said Realm of Ireland and Lord Chancellor of Ireland and did cause the said Uiscount to be imprisoned and kept close Prisoner on pretence of Disobedience to the said Decree or Order And the said Earl without any Authority and contrary to his Commission required and commanded the said Lord Uiscount to yield up unto him the Great Seal of the Realm 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 Legal Proceeding did in the same Thirtéenth Year imprison George Earl of Kildare a Péer of Ireland against Law thereby to enforce him to submit his Title to the Mannor and Lordship of Castleleigh in the Quéens Country being of great yearly value to the said Earl of Strafford's Will and Pleasure and kept him a year Prisoner for the said cause two months whereof he kept him close Prisoner and refused to enlarge him notwithstanding His Majesties Letters for his Enlargement to the said Earl of Strafford directed And upon a Petition exhibited in October Anno Domini 1635. by Thomas Hibbots against Dame Mary Hibbots Widow to him the said Earl of Strafford the said Earl of Strafford recommended the said Petition to the Council-Table of Ireland where the most part of the Council gave their Uote and Opinion for the said Lady but the said Earl finding fault herewith caused an Order to be entred against the said Lady and threatned her that if she refused to submit thereunto he would imprison her and fine her Five hundred pounds that if she continued obstinate he would continue her Imprisonment and double her Fine every month by means whereof she was enforced to relinquish her Estate in the Lands questioned in the said Petition which shortly after were conveyed to Sir Robert Meredith to the use of the said Earl of Strafford And the said Earl in like manner did imprison divers others of His Majesties Subjects upon pretence of Disobedience to his Orders Decrées and other illegal Command by him made for pretended Debts Titles of Lands and other Causes in an Arbitrary and extrajudicial course upon Paper-Petitions to him preferred and no Cause legally depending IX That the said Earl of Strafford the Sixteenth day of February in the Twelfth Year of His Majesties Reign assuming to himself a Power above and against Law took upon him by a general Warrant under his hand to give Power to the Lord Bishop of Down and Connor his Chancellor or Chancellors and their several Officers thereto to be appointed to attach and arrest the Bodies of all such of the meaner and poorer sort who after Citation should either refuse to appear before them or appearing should omit or deny to perform or undergo all lawful Decrees Sentences and Orders issued imposed or given out against them and them to commit and keep in the next Gaol until they should either perform such Sentences or put in sufficient Bail to shew some reason before the Council-Table of such their contempt and neglect and the said Earl the day and year last mentioned signed and issued a Warrant to that effect and made the like Warrants to several other Bishops and their Chancellors in the said Realm of Ireland to the same effect X. That the said Earl of Strafford being Lord Lieutenant or Deputy of Ireland procured the Customs of the Merchandize Exported out and Imported into that Realm to be farmed to his own Use. And in the Ninth Year of His now Majesties Reign he having then Interest in the said Customs to advance his own Gain and Lucre did cause and procure the native Commodities of Ireland to be rated in the Book of Rates for the Customs according to which the Customs were usually gathered at far greater Ualues and Prices than in truth they were worth that is to say every Hyde at Twenty shillings which in truth was worth but Five shillings every Stone of Wooll at Thirteen shillings four pence though the same were really worth but Five shillings at the utmost Niue shillings by which means the Custom which before was but a twentieth part of the true value of the Commodity was enhanced sometimes a Fifth 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

of a Gentlemans Sir Thomas Gore being Fined in the Court of Star-Chamber there and his being Arrested by a Warrant from my Lord Wentworth here in London We do not go about to prove that he solicited for this Commission but that he expressed his desire of it and upon that it was granted We shall prove that it was executed in this high manner that when Prohibitions have been taken out he hath punished the parties some he hath threatned Nay Money hath been given to those that were Defendants in the Prohibition And we shall offer this too The Judge is dead before whom it was but upon occasion of a Prohibition he went to a Judge a Reverend and Just man Mr. Justice Hutton what was said privately between them we cannot tell but we shall prove that Mr. Justice Hutton complained with Tears in his Eyes how that Lord used him about a Prohibition And so we shall leave this Article with this We shall not go about to prove Decrees for which he might have Colour but for these Clauses he could have no Colour they never being in any Commission before THE First Article The Charge THat the said Earl of Strafford the 21st day of March in the Eighth year of His Majesties Raign was President of the Kings Council in the Northern parts of England That the said Earl being President of the said Council on the 21st of March a Commission under the Great Seal of England with certain Schedules of Instructions thereunto annexed was directed to the said Earl or others the Commissioners therein named whereby among other things Power and Authority is limited to the said Earl and others the Commissioners therein named to hear and determine all Offences and Misdemeanours Suits Debates Controversies and Demands Causes Things and Matters whatsoever therein contained and within certain Precincts in the said Northern 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 hear and determine according to the Course of Procéedings in the Court of Star-Chamber divers Offences Deceits and Fal●ties therein mentioned whether the same be provided for by Acts of Parliament or not so that the Fines imposed be not less than by the Act or Acts of Parliament provided against 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 and Determine according to the course of Procéedings in the Court of Chancery all manner of Complaints for any matter within the said Precincts as well concerning Lands Tenements and Hereditaments either Frée-hold Customary or Copy-hold as Leases and other things therein mentioned and to stay Procéedings in the Court of Common Law by Injunction or otherwise by all ways and means as is used in the Court of Chancery And although the former Presidents of the said Council had never put in Practice such Instructions nor had they any such Instructions yet the said Earl in the Month of May in the said Eighth year and divers years 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 unlawful Power and Iurisdiction over the Persons and Estates of His Majesties Subjects in these parts and did Dis-inherit divers of His Majesties Subjects in those parts of their Inheritances Sequestred their Possessions and did Fine Ransom Punish and Imprison them and caused them to be Fined Ransomed Punished and Imprisoned to their Ruine and Destruction and namely Sir Coniers Darcy Sir John Bourcher and divers others against the Laws and in Subversion of the same And the said Commission and Instructions were procured and issued by Advice of the said Earl And he the said Earl to the intent that such illegal and unjust Power might be exercised with the greater Licence and Will did Advise Counsel 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 Council shall excéed the limits of the said Instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party perform the Decrée and Order of the said Council And the said Earl in the 13th year of His Majesties Reign did procure a new Commission to himself and others therein appointed with the said Instructions and other unlawful Additions That the said Commission and Instructions were procured by the Solicitation and Advice of the said Earl of Strafford Proofs touching the Commission for Government in the North enlarged To the point of Star-Chamber Power THe Commission granted 21 Mar. 8 Car. was read 19 Article whereby my Lord as President or in his absence the Vice-President assisted prout in the Commission are authorized to hear end and determine according to the Course of proceedings in the Star-Chamber all and all manner of Forgeries Extortions c. And to Fine c. So as the Fines imposed be not less than by the Acts of Parliament is provided c. Whence observe That he would have power in Fining to go beyond but not less than the Fines in the Act of Parliament To the point of Chancery Iurisdiction Article 23. was read whereby Power is given by Injunction to stay Proceedings in any Court of Common Law Article 28. was read whereby Power is given to send the Sergeant at Armes and Attach in any part of the Realm of England and to bring before the Lord President c. any person departing the Jurisdiction of that Court after Commission of Rebellion sued forth Article 29. whereby is granted That no Prohibition be granted in the Court of Westminster to stay Proceedings in that Court But in cases where the Court of the President shall exceed the Kings Instructions and if any Habeas Corpus shall be sued forth for not performing the Order of that Court the party Committed not to be discharged so long as such Orders shall stand in force and if any Fine be thereupon estreated The Treasurer and Barons of the Exchequer to discharge it Whence observe That the not granting of Prohibitions or Habeas Corpus's and the discharging of the Fines estreated are new To the sending of Proces actually before these Clauses granted and to the Earl of Straffords procuring the Clause to be supplyed when he found the Defect Iohn Gore Sworn and being interrogated how his Father was Arrested and how long before this Commission Answered That Sir Thomas Gore his Father was Arrested in London by a Sergeant at Armes That his Father conceiving it to be out of the Instructions at Yorke did Appeal to the Council-Table That Mr. Mason argued for his Father and made it appear That the President and Council had no Instructions to take a

Asked on M r Whitlocks Motion who were those that took it so chearfully And whether the Bishops were not more chearful then others He Answered That indeed he observed no Reluctancy My Lord of Strafford here added That he speaks it truly to the honor of that Nation be it spoken the Oath was taken with much chearfulness and not any man made scruple in the whole business to his understanding save only Sir Iames Mountgomery but took it with all the readiness in the World This is as true as he lives and he thinks he speaks it for their honor and were he one of the Temporal men in that kind he should be very unwilling to be asked whether the Bishops had been more ready to give Allegiance to His Majesty than himself and he thinks he that asked the question doth them a great deal of prejudice in it Finding them thus prepared he was glad of it and they being willing to prefer such a Petition he went to them and served them with all willingness as he had reason The Petition was cheerfully brought to him to be looked over and to have his opinion how he liked it It was brought him by my Lord Mountgomery Sir Iames Mountgomery's Brother and some others whom he remembers not But these words he remembers particularly in it An offering of their Lives and Fortunes for vindicating the Authority of Regal Power which he said was too general and though they intended it well might be turned too strictly on them and therefore he desired it might be qualified with these words In equal manner and measure with other His Majesties Subjects and the words were put in by him as he is sure my Lord Mountgomery would justifie The Petition was read and the Act of State wherein it is recited being in substance as followeth By the Lord-Deputy and Council WENTWORTH Where we have lately made an Act of Council in these words WHereas divers Lords Spiritual and Temporal Knights and others inhabiting in this Kingdom have lately exhibited a Petition to us in these words following To the Right Honourable the Lord Deputy and Council c. The Humble Petition of c. The Petition recites The horror apprehended by the Petitioners His Majesties Subjects of the Scotish Nation inhabiting in Ireland for the Covenant sworn by some of their Countreymen in Scotland without His Majesties Authority and Consent Their dislike therof and their consideration that the causes of that action may be understood to reflect on the Petitioners though innocent They crave leave to vindicate themselves from so great a Contagion and desire his Lordship to prescribe a way by Oath or otherwise to free themselves from these proceedings to declare their acknowledgement of the Kings Regal Power and their dislike of that Covenant and of all other Covenants entred into c. without His Majesties Regal Authority which they are desirous to manifest by offering their lives and fortunes to vindicate the honor c. of their Sovereign which they are ready to do in equal manner and measure with other His Majesties Subjects c. and divers names were to the said Petition subscribed In consideration of which Petition we cannot but commend the wisdom of the Petitioners which we will not fail humbly to represent to His Majesty and for that we know many of this Kingdom have expressed good affection to His Majesty and His Service and dislike those disorders We hold it fit c. to free them the better from the Crimes and Scandals which their Countrey-men have gone into as also to free them from all prejudice and to approve to the King and to the whole world their Allegiance to him and his Regal Power and the dislike of that unlawful Oath and Covenant We do therefore ordain That all and every person of the Scotch Nation that inhabit or have Estates or any Houses Lands Tenements or Hereditaments within Ireland shall take the Oath herein expressed on the Holy Evangelists on pain of His Majesties High-displeasure The tenor of which Oath follows c. To several seect persons c. Authorizing them to call before them and administer the Oath to every person of the Scotch Nation c. At such time and place c. And such Instructions as shall be in that behalf given by the Deputy and Council c. And to certifie the names of all that take the Oath and if any refuse to certifie their Names Quality and Residences to the Lord Deputy c. And there is a Command that all of the Scotch Nation do appear before the said Commissioners at times by them to be appointed and to take the said Oath before them and that all persons may have due notice we think fit this be published Dated May 1639. To prove a design of seizing the Castle of Knock-Fergus my Lord of Strafford desired Mr. Slingsby might be examined and being Interrogated He Answered That about the time when it was supposed the King was in the Field of Berwick there was an Advertisement from Knock-Fergus that one Trueman had writ a Letter for betraying of the Castle there the party that sent the discovery was to be employed in the Letter and he enformed there were the hands of Twenty that should have subscribed it the Letter was conceived to be voluntarily from Trueman and not sollicited out of Scotland Trueman was sent to Dublin and examined and sent back to be tryed in the Countrey and there he received his Tryal and was Hanged Drawn and Quartered Being asked of what Nation he was He says he doth not know of what Nation but he supposes he was an Englishman For his further justification he saith at the same time there was the like Oath and Proceeding here in England The Copy of which Oath now read being affirmed by Mr. Ralton to be a true Copy 5 Iune 1639. A Copy of an Oath tendered to some of the Scotish Nation resident here in England as it is entred in the Scotish Book being in substance IN Doe faithfully swear profess and promise that I will faithfully obey my Sovereign Lord King CHARLES c. and defend and maintain His Royal Authority and that I will not bear Arms nor do any rebellious Act against him nor profess against any His Royal Commands c. And that I will not enter into any Covenant or Bond c. Of mutual Defence or Assistance against any person c. or into any Covenant Bond of mutual defence or assistance whatsoever without His Majesties Sovereign and Regal Authority And I do renounce and abjure all Covenants contrary to what is here sworn professed and promised And he submits it to their Lordships Wisdom and Justice what offence this had been for a Deputy of Ireland in a time thus conditioned for securing the publique peace of that Kingdom where he serves the Crown upon such apprehensions as these fairly without any constraint or violence offered to endeavour by such a manner of

His Majesty and their Lordships had not been there he conceives he might have Justified the doing of as much as he hath done in this Parliament his Commission under the Seal of my Lord Admiral being in effect FOr the better Execution of this our Commission we do further give and grant to you full Power and Authority from time to time and at all times at your discretion to command and require of and from all our Lieutenants and Deputy-Lieutenants in our several Counties of this our Realm and Dominion of Wales and of and from every or any of them to send to you or such place as you shall appoint such number of able Men for the War as well Horsemen as Footmen in the said Counties respectively or otherwise sufficiently Armed and Furnished as you in your discretion shall appoint and require And he did not send them to pay any Money but to relieve by turnes Regiment after Regiment and if they found it for their ease they might be at the Charge else do the Duty required which by the Common Allegiance every man is bound to do Say then he had committed an Error he had rather confess than justifie it as long as it is not brought to him as a Crime But there is another clause according to the Statute of 11 H. 7. viz. ANd further our pleasure is and we do give and grant for us our heirs and successors that whatsoever you or any other person or persons of what degree soever by your Commission Warrant or Command shall do by vertue of this our Commission or Letters Patents or according to the Instructions aforesaid or the purport of this our Commission touching the Execution of the premises both you and the said persons in shewing forth these our Letters-patents or the Constat or Inrollment thereof shall be discharged and acquitted against us our heires and successors and freed from all Impeachment and other molestation for the same He did this without sinister ends or by-respects and therefore if he did any way err by His Majesties own gracious clause he is to be excused And it is pursuing to the Statute of 11 H. 7. c. 1. where the Preamble is very observable THe King our Soveraign Lord recalling to his Remembrance the Duty and Allegiance of His Subjects and that they by reason of the same are bound to serve the King for the time to come in His Wars against every Rebellion and Power and Might c. and whatsoever falls against the mind of the Prince and that it is against all Law Reason and Conscience that attending His Person or being in other places of His Command any should lose or forfeit for doing their true Service and Obedience Be it therefore Enacted c. That from henceforth no manner of Person or persons whatsoever that attends the King in His Person and do Him true Allegiance in His Person or be in other places in His Wars for the said Deed or true Duty he and they shall be any way convicted and Attainted of Treason nor of any other Offence by any Process of Law whereby he shall forfeit Lands Goods Tenements c. and shall be for that Deed and Service utterly discharged of any Vexation c. So that he conceives he hath done nothing but what may receive a fair and equal interpretation what he hath done he hath done very candidly and clearly for the good of His Masters Service and preservation of the Country and he hath done nothing violently or deliberately to force Men to do things that may any way trench on the Propriety or Liberty of the Subject and whatsoever evil he may have committed in this he hopes by the Act of Parliament and by the words of the Commission read he shall stand before their Lordships in point of Justice and Noble Compassion to a Man that may erre Acquitted from any part of that Charge that may accuse him of High Treason Onely one thing he hath omitted and that is the Testimony of Sir William Ingram where he Charges me with saying The refusers to pay the Money are in little better condition than guilty of High Treason But he is a single Testimony and he sayes That clearly underfavour it is no mean offence for any Man to deny the Common Allegiance due to the King for Defence of His VVars But the words are testified to be spoken only to one Man and he is not Accomptable to him nor to their Lordships for that he being but a single Testimony Mr. Maynard began to Reply to the said Defence in substance as followeth That whereas my Lord sayes They have urged much that which was not Charged his Lordship hath Answered that which was not Objected as a Charge for the greatest part of the time he hath spent in examining so many VVitnesses is to shew on what grounds the first Petition was deserted and a Message put on his Lordship to deliver to the King The Petition was not offered to him as a matter of Charge but it is charged upon him that he procured to levy and impole Money upon the Country by force without a legal VVarrant and by way of excuse in his Answer he sets forth that the Country did yield to it by their Unanimous consent To that purpose it was objected to him Not that the delivery of the Message was a Crime and therefore he might have spared this labour to Answer it as to that purpose But as himself states the Case he hath much encreased rather then diminished his Fault for he said There was a Consent yet it appears there were but 109 principal Gentlemen parties in the first Petition and he encounters these to 200 met together the greater part of whom consenting and 100 of them that had subscribed and about 5 dissenting they resolve of a Message to be delivered touching consent But they have proved not only a Leavy for the first moneth but much more though when the Gentry met together and consented to a Petition it is no desertion of that Petition because 10 of 109 deserted especially when they had a Message from my Lord to meet about it and relying upon it went into the Country besides 200 Gentlemen Freeholders and others could not lay a Charge on the rest of the Country nor bind them that had dissented before and whose consent was not involved and it is no legal way to raise Money by Warrant much less by Force For the Money levyed after the Moneth expired my Lord hath offered no Colour to their Lordships for first the ground whereupon he raised it was contrary to that which was the truth viz. the Consent of the Lords of the Great Council whereas it appear'd and shall appear further there was no such Consent My Lord of Strafford would next justifie it by a Commission but that doth only require people according to their Allegiance to give attendance and this is turned into a matter of laying of Money for the first point of