DEPOSITIONS AND ARTICLES AGAINST THOMAS EARLE OF STRAFFORD Febr. 16. 1640. Printed in the yeare 1640. ARTICLES OF the Commons assembled in Parliament against THOMAS Earle of Strafford in maintenance of their accusation whereby he stands charged of high Treason I. THat he the said Thomas Earle of Strafford hath traiterously endeavoured to subvert the fundamentall Lawes and government of the Realmes of England and Ireland and instead thereof to introduce an arbitrary and tyrannicall Government against Law which he hath declared by traiterous words counsels and actions and by giving his Majesty advice by force of Armes to compell his loyall subjects to submit therunto II. That hee hath traiterously assumed to himselfe Regall power over the lives liberties persons lands and goods of his Majesties subjects in England and Ireland and hath exercised the same tyrannically to the subversion and undoing of many both of Peeres and others of his Majesties Liege people III. That the better to inrich and enable himselfe to goe through with his traiterous designes hee hath detained a great part of his Majesties revenue without giving legall account and hath taken great summes out of the Exchequer converting them to his owne use when his Majesty was necessirated for his owne urgent occasions and his Army had beene a long time unpaid IV. That hee hath traiterously abused the power authority of his government to the increasing countenancing and encouraging of Papists that so he might settle a mutuall dependance confidence betwixt himselfe and that party and by their helpe prosecute and accomplish his malicious and tyrannicall designes V. That he hath maliciously endeavoured to stirre up enmity and hostility betweene his Majesties subjects of England and those of Scotland VI. That he hath traiterously broken the great trust reposed in him by his Majesty of Lieutenant generall of his Army by wilfully betraying divers of his Majesties subjects to death his Army to a dishonourable defeat by the Scots at Newborn and the Towne of New-Castle into their hands to the end that by the effusion of blood by dishonour and so great a losse of New-Castle his Majesties Realme of England might be engaged in a Nationall and irreconciliable quarrell with the Scots VII That to preserve himselfe from being questioned for those and other his traiterous courses hee laboured to subvert the right of Parliaments and the ancient course of Parliamentary proceedings and by false and malicious slanders to incense his Majestie against Parliaments By which words counsels and actions hee hath traiterously and contrary to his Allegiance laboured to alienate the hearts of the Kings liege people from his Majesty to set a division betweene them and to ruine and destroy his Majesties Kingdomes for which they impeach him of high Treason against our Soveraigne Lord the King his Crowne and dignitie VIII And he the said Earle of Strafford was Lord Deputie of Ireland and Lieutenant generall of the Army there viz. His most excellent Majesty for his Kingdomes both of England and Ireland and the L. President of the North during the time that all and every the crimes and offences before set forth were done and committed and he the said Earle was Lieutenant generall of all his Majesties Army in the North parts of England during the time that the crimes and offences in the fift and sixt Articles set forth were done and committed IX And the said Commons by protestations saving to themselves the liberty of exhibiting at any time hereafter any other accusation or impeachment against the said Earle and also of replying to the answers that he the said Earle shall make unto the said Articles or to any of them and of offering proves also of the premisses or any of them or any other impeachment or accusation that shall be exhibited by them as the cause shall according to the course of Parliaments require doe pray that the said Earle may be put to answer for all and every the premisses that such proceedings examinations tryals and Judgements may bee upon every of them had and used as is agreeable to Law and Justice The further impeachment of Thomas Earle of Strafford by the Commons assembled in Parliament 1640. WHereas the said Commons have already exhibited Articles against the said Earle formerly expressed c. Now the said Commons doe further impeach the said Earle as followeth c. I. That he the said Earle of Strafford the 21 day of March in the 8. yeare of his now Majesties Reigne was president of the Kings Counsell in the Northerne parts of England That the said said Earle being President of the said Counsell on the 21. day of March a Commission under the great Seale of England with certaine Schedules of instructions thereunto annexed was directed to the said Earle or others the Commissioners therein named wherby amongst other things power and authority is limited to the said Earle and others the Commissioners therein named to heare and determine all offences and misdemeanors suites debates controversies and demandes causes things and matters whatsoever therein contained and within certaine precincts in the said Northene parts therein specified and in such manner as by the said Schedule is limited and appointed That amongst other things in the said Instructions it is directed that the said President others therein appointed shal heare and determine according to the course of proceedings in the Court of Starchamber divers offences deceits and falsities therein mentioned whether the same be provided for by the Acts of Parliament or not so that the Fines imposed be not lesse then by Act or Acts of Parliament provided for by those offences is appointed That also amongst other things in the said instructions it is directed that the said president and others therein appointed have power to examine heare and determine accoring to the course of proceedings in the Court of Chancery all manner of complaints for any matter within the said precincts as well concerning lands tenements and hereditaments either free-hold Customary or Copy-hold as Leases and other things therin mentioned and to stay proceedings in the Court of Common Law by Injunction or otherwise by all wayes and means as is used in the Court of Chancery And although the former Presidents of the said Counsell had never put in practice such Instructions nor had they any such Instructions yet the said Earle in the moneth of May in the said 8 yeare and divers yeares following did put in practise exercise and use and caused to be used and put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawfull power and jurisdiction on the persons and estates of his Majesties subjects in those parts and did dis-inherit divers of his Majesties subjects in those parts of their inheritances sequestred their possessions did fine ransome punish and imprison them and caused them to be fined ransomed punished and imprisoned to their ruine destruction and namely Sir Coniers Darcy Sir Iohn Bourcher and divers
to be put out of possession of divers Lands and Tenements being his free-hold in the Countrey of Mago and Rosecomen in the said Kingdome and divers other of his Majesties subjects to be also put out of possession and disseized of their free hold by colour of the same resolution without legall proceedings whereby many hundreds of his Majesties subjects were undone and their families utterly ruinated VIII That the said Earle of Strafford upon a Petition of Sir Iohn Gifford Knight the first day of February in the said 13 yeare of his Majesties Reigne without any legall processe made a Decree or Order against Adam Viscount Lofts of Elie a Peere of the said Realme of Jreland and Lord Chancellor of Jreland and did cause the said Uiscount to bee imprisoned and kept close prisoner on pretence of disobedience to the said decree or order And the said Earle without any authority and contrary to his Commission required and commanded the said Lord Viscount to yeeld unto him the great Seale of the Realme of Ireland which was then in his custody by his Majesties command and imprisoned the said Chancellor for not obeying such his command And without any legall proceedings did in the same thirteenth yeare imprison George Earle of Kildare a Peere of Jreland against Law thereby to enforce him to submit his title to the Mannor and Lordship of Castle Leigh in the Queenes Countie being of great yearely value to the said Earle of Straffords will and pleasure and kept him a yeare prisoner for the said cause two moneths whereof he kept him close prisoner and refused to enlarge him notwithstanding his Majesties Letters for his enlargement to the said Earle of Strafford directed And upon a Petition exhibited in October 1635. by Thomas Hibbots against dame Mary Hibbots Widdow to him the said Earle of Strafford the said Earle of Strafford recommended the said Petition to the Counsell Table of Ireland where the most part of the Counsell gave their vote and opinion for the said Lady but the said Earle finding fault herewith caused an order to be entred against the said Lady and threatned her that if shee refused to submit thereunto he would imprison her and fine her five hundred pound that if she continued obstinate he would continue her imprisonment and double her fine every month by month whereof she was enforced to relinquish her estate in the land questioned in the said Petition which shortly was conveyed to Sir Robert Meredith to the use of the said Earle of Strafford And the said Earle in like manner did imprison divers others of his Majesties Subjects upon pretence of disobedience to his orders and decrees and other illegall command by him made for pretended debts titles of Lands and other causes in an arbitrary and extrajudiciall course upon Paper Petitions to him preferred and no other cause legally depending IX That the said Earle of Strafford the sixtenth day of Febr. in the 12. yeare of his now Majesties Reigne assuming to himselfe a power above and against Law tooke upon him by a generall Warrant under his hand to give power to the Lord Bishop of Down and Connor his Chancellor or Chancellors to their severall Officers thereto to bee appointed to Attach and Arrest the Bodies of all such of the meaner and poorer sort where after citation should either refuse to appeare before them or appearing should omit or deny to performe or undergoe all lawfull decrees sentences and orders issued imposed or given out against them and them to commit and keepe in the next Goale untill they should either performe such sentences or put in sufficient Baile to shew some reason before the Counsell Table of such their contempt and neglect and the said Earle the day and yeare last mentioned signed and issued a Warrant to that effect and made the like Warrant to send to all other Bishops and their Chancellors in the said Realme of Ireland to the same effect X. That the said Earle of Strafford being Lord Lieutenant or Deputy of Jreland procured the Customes of the Merchandize exported out and imported into that Realme to be farmed to his owne use And in the ninth yeare of his now Majesties Reigne he having then intrest in the said Customes to advance his owne gaine and lucre did cause and procure the native commodities of Jreland to be rated in the booke of Rates for the Customes according to which the Customes were usually gathered at farre greater values and prices then in truth they were worth that is to say every hide at 20. shillings which in truth was worth but five shillings every stone of Wooll at thirteene shillings foure pence though the same ordinarily were worth but five shillings at the utmost but nine shillings by which meanes the custome which before was but a twentieth part of the true value of the commoditie was inhansed sometimes to a fift part and sometimes to a fourth and sometimes to a third part of the true value to the great oppression of the subjects and decay of Marchandize XI That the said Earle in the ninth yeare of his now Majesties Reigne did by his own will and pleasure and for his owne lucre restraine the exportation of the commodities of that Kingdome without his licence as namely Pipe-staves and other commodities and then raised great summes of money for licensing of exportation of those commodities and dispensation of the said restraints imposed on them by which means the pipe-staves were raised from foure pound ten shillings or 5 pound per thousand to ten pound and sometimes eleven pound per thousand and other commodities were inhanced in the like proportion and by the same meanes by him the said Earle XII That the said Earle being Lord Deputy of Ireland on the ninth day of Ianuary in the thirteenth yeere of his Majesties Reigne did then under colour to regulate the Importation of Tobacco into the said Realme of Ireland issue a Proclamation in his Majesties name prohibiting the importation of Tobacco without licence of him and the Counsell there from and after the first day of May Anno Dom. 1638. after which restraint the said Earle notwithstanding the said restraint caused divers great quantities of Tobacco to be imported to his owne use and fraughted divers ships with Tobacco which he imported to his owne use and that if any ship brought Tobacco into any Port there the said Earle and his Agents used to buy the same to his owne use at their owne price And if that the owners refused to let him have the same at under values then they were not permitted to vent the same by which undue meanes the Earle having gotten the whole Trade of Tobacco into his owne hands he sold it at great and excessive prices such as he list to impose for his owne profit And the more to assure the said Monopoly of Tobacco he the said Earle on the 23. day of February in the thirteenth yeare aforesaid did issue another Proclamation commanding that
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
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