Ireland to be put out of possession of divers Lands and Tenements being his free-hold in the County of Mago and Rosecomen in the said Kingdome and divers others of his Majesties subjects to be also put out of possession and diseized 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 ruined VIII That the said Earle of Strafford upon a petition of Sir Iohn Gifford Knight the first day of February in the said 13. year of his Majesties Reigne without any legall proces made a decree or order against Adam Viscount Lofts of Elie a Peere of the said Realme of Ireland and Lord Chancellor of Ireland and did cause the said Viscount to be 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 Ireland against law thereby to enforce him to submit his title to the Mannor and Lordship of Castle Leigh in the Queenes County 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 months whereof hee kept him close prisoner and refused to enlarge him notwithstanding his Majesties letters for his enlargrment 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 Councell Table of Ireland where the most part of the Councell gave their vote and opinion for the said Lady but the said Earle finding fault herewith caused an order to bee 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 wherof 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 commands 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 sixteenth day of Febr. in the 12. yeare of his now Majesties Reigne assuming to himself 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 and their several 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 denie to performe or undergo all lawful decrees sentences and orders issued imposed or given out against them and them to commit and keepe in the next Gaole untill they should either performe such sentences or put in sufficient Baile to shew some reason before the Councell table of such their contempt and neglect and the said Earle the day and yeere last mentioned signed and issued a warrant to that effect and made the like warrant to send 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 Ireland procured the Customes of the marchandize exported out and imported into that Realme to be farmed to his owne use And in the ninth yeere 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 comodities of Ireland to bee 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 thirteen shillings fourepence though the same ordinarily were worth but five shillings at the utmost but nine shillings by which meanes the custom which before was but a twentieth part of the true value of the commodity was inhanced 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 yeere of his now Majesties raigne 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 sums of mony 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 a seven pound per thousand and other commodities were inhanced in the like proportion and by the same means by him the said Earle XII That the said Earle being Lord Deputie of Ireland on the ninth day of Ian. 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 Councell 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 said Earle having gotten the whole trade of Tobacco into his owne hands hee 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
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 1. 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 in stead thereof to introduce an arbitrary and tyrannicall government against Law which he hath declared by trayterous words counsells and actions and by giving his Majesty advice by force of armes to compell his loyall Subjects to submit thereunto II. That he hath trayterously 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 trayterous 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 Majestie was necessitated for his owne urgent occasions and his Army had beene a long time unpaid IV. That he hath trayterously abused the power and authority of his government to the increasing countenancing and incouraging of Papists that so he might settle a mutuall dependance and 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 hee hath trayterously 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 Newborne and the Towne of Newcastle into their hands to the end that by the effusion of blood by dishonour and so great a losse of Newcastle his Majesties Realme of England might be ingaged in a Nationall and irreconsiliable quarrell with the Scots VII That to preserve himselfe from being questioned for these and other his trayterous courses hee laboured to subvert the rites of Parliaments and the ancient course of Parliamentary proceedings and by false and malicious slanders to incense his Majesty against Parliaments By which words counsells and actions hee hath trayterously and contrary to his Allegiance laboured to alienate the hearts of the Kings liege people from his Majestie 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 dignity VIII And hee the said Earle of Strafford was Lord Deputy of Ireland and Lieutenant generall of the Army there viz. his most excellent Majestie for his Kingdomes both of England and Ireland and Lord 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 5. and 6. 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 hee the said Earle shall make unto the said Articles or to any of them and of offering proofes 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 bee be put to answer for all and every the premisses that such proceedings examinations tryalls and judgements may be 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 viz. I. That hee the said Earle of Strafford the 21. day of March in the 8. yeare of his now Majesties Reigne was President of the Kings Councell in the Northerne parts of England That he the said Earle being President of the said Councell on the 21. day of March a Commission under the great Scale of England with certaine Schedules of Instructions thereto annexed was directed to the said Earle and others the Commissioners therein named whereby amongst other things power and authoritie is limited to the said Earle and others the Commissioners therein named to heare and determine all offences and misdemeanours suites debates controversies and demands causes things and matters whatsoever therein contained and within certaine precincts in the said Northerne 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 heare and determine according to the course of proceedings in the Court of Starchamber divers offences deceits and falsities therein mentioned whether the same bee provided for by the Acts of Parliament or not so that the Fines imposed bee 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 hear 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 Freehold Customary or Copyhold as Leases and other things therein mentioned and to stay proceedings in the Court of Common Law by Injunction or otherwise by all wayes and meanes as is used in the Court of Chancery And although the former Presidents of the said Councell had never put in practice such Instructions nor had they any such Instructions yet the said Earle in the month of May in the said 8. yeare and divers yeares 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 unlawfull power and jurisdiction on 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 did fine ransome punish and imprison them and caused them to be fined ransomed punished imprisoned to their ruine and destruction and namely Sir Coniers Darcy Sir Iohn Bourcher and
divers others against the Lawes and in subversion of the same And the said Commission and Instructions were procured and issued by the advice of the said Earle And hee the said Earle to the intent that such illegall and unjust power might be exercised with the greater licence 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 bee not discharged till the party performe the Decree and Order of the said Councell 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 Raigne to wit the last day of August then next following hee the said Earle 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 lawes he the said Earle being then President as aforesaid and a Iustice of Peace did publiquely at the Assizes held for the County of Yorke in the City of Yorke in and upon the said last day of August declare and publish before the people there attending for the administration of Iustice according to the law and in the presence of the Iustices sitting that some of the Iustices were all for law but they should finde that the Kings little finger should be heavier then 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 governement and intending the subversion of the fundamentall lawes and setled government of that Realme and the distraction of his Majesties liege people there did upon the 30. day of Septemb. in the ninth yeare of his now Majesties Reigne in the City of Dublin the chiefe City of that Kingdome where his Majesties Privy Councell and Courts of Iustice doe ordinarily reside and whither the Nobility and Gentry of that Realme doe usually resort for Iustice in a publique speech before divers of the Nobility and Gentry and before the Maior 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 doe with them what hee pleased and speaking of the Chatters of the former Kings of England made to that City hee further said that their Charters were nothing worth and did binde the King no further then he pleased IV. That Richard Earle of Corke having sued out proces in course of law for recovery of his possession from which he was put by colour of an order made by the said Earle of Strafford and the Councell Table of the said Realm of Ireland The said Earle of Strafford upon a paper petition without legall proceedings did the 20. day of February in the 11 yeare of his now Majâ—sties Reigne threaten the said Earle of Corke being then a Peere of the said Realme to imprison him unlesse he would surcease his suite 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 11. yeare the said Earle of Strafford speaking of an order of the said Councell Table of that Realme made in the time of King Iames which concerned a lease which the said Earle of Corke claimed in certain rectories or tithes which the said Earle of Corke alledged to be of no force said that hee would make the said Earle and all Ireland know so long as hee had the governement there any act of State there made or to be made should be 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 Councell Table and did sundry other times and upon sundry other occasions by his words and speeches arrogate to himselfe a power above the fundamentall lawes and established governement of that Kingdome and scorned the said lawes and established government V. That according to such his declarations and speeches the said Earle of Strafford did exercise a power above and against and to the subversion of the said fundamentall lawes and stablished governement of the said Realme of Ireland 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 Decemb. Anno. Dom. 1635. in the time of full peace did in the said Realme of Ireland give and procure to bee given against the Lord Mount-Norris then and yet a Peer of Ireland and then Vice Treasurer and receiver generall of the Realme of Ireland and one of the principall Secretaries of State and Keeper of the Privy 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 hee the said Earle did also at Dublin within the said Realme of Ireland in the month of March in the 14. yeare of his Majesties Reigne without any legall or due proceedings or try all 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 put out of possession of his free hold and inheritance of his Mannor of Tymore in the County of Armagh in the Kingdome of Ireland the said Lord Mount-Nortis having beene two yeeres before in quiet possession thereof VII That the said Earle of Strafford in the Terme of Holy Trinity in the 13. yeare of his now Majesties Reigne did cause a case commonly called the case of Tenures upon defect ive titles to be made and drawne up without any jury or tryall or other legall proces and without the consent of parties and did then procure the Iudges of the said Realme of Ireland 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
the said Earle hath caused 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 yeere of his Majesties reign came into this Realme of England and was made Lord Lievtenant 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 break 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 maintainance of that warre he councelled his Majesty to cal 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 he would then procure his Majesty 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 Liberty of the Kingdome and his Majesty referring chiefely 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 maintainance 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 faithful Subjects who had been members of the said house of Commons by telling his Majesty they had denyed to supply him And afterward upon the same did treacherously and wickedly counsell and advise his Majesty to this effect viz. that having tried the affections of his people he 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 all wayes and was refused and should be acquittea 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 Earl of Strafford falsely treacherously and maliciiously published and declared before others of his Majesties Prive 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 falsely publish and declare that seeing the Parliament had refused to supply his Majestie in the ordinary and usuall way the King might provide for the Kingdome in such waies as he 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 he did with the helpe and advice of the said Archbishop of Canterbury and the Lord Finch late Lord Keeper of the great Seale of England cause to be printed and published in his Majesties name a false and scandalous booke entitled His Majesties Declaration of the causes that moved 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 moneths of May and Iune he the said Earle of Strafford did advise the King to go on rigorously in leavying of the Ship-mony and did procure the Sheriffes of severall Counties to bee sent for for not levying the shipmony 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 paiments And a great loane of a hundred thousand pounds was demanded of the City of London and the Lord Maior and the Aldermen and the Sheriffes of the said City were often sent for by his advice to the Councell Table to give an account of their
proceedings in raising of Ship-money and furthering of that loane and were required to certifie the names of such Inhabitants of the said City as were sit to lend which they with much humility refusing to doe he the said Earle of Strafford did use these or the like speeches viz. That they deserved to bee put to Fine and Ransome and that no good would bee done with them till an example were made of them and that they were laid by the heeles and same of the Aldermen hanged up XXVI That the said Earle of Strafford by his wicked counsell having brought his Majesty into excessive charges without any just cause he did in the month of July last for the support of the said great charges counsell and approve two dangerous and wicked Projects viz. To seize upon the Bullion and the Money in the Mint And to imbase his Majesties Coine with the mixtures of Brasse And accordingly hee procured one hundred and thirty thousand pounds which was then in the Mint and belonging to divers Merchants strangers and others to be seized on and stayed to his Majesties use And when divers Merchants of London owners of the said Bullion came to his house to let him understand the great mischiefe that course would produce here and in other parts what prejudice it would be to the Kingdome by discrediting the Mint and hindring the importation of Bullion He the said Earle told them that the City of London dealt undutifully and unthankfully with his Majesty and that they were more ready to helpe the Rebell then to helpe his Majesty and that if any hurt came to them they might thanke themselves and that it was the course of other Princes to make use of such moneyes to serve their occasions And when in the same month of July the Officers of his Majesties Mint came to him and gave him divers reasons against the imbasing of the said money he told them that the French King did use to send Commissaries of horse with Commission to search into mens estates and to peruse their accompts that so they may know what to levy of them by force which they did accordingly levie and turning to the Lord Cottington then present said That this was a point worthy his Lordships consideration XXVII That in or about the month of August last he was made Lieutenant generall of all his Majesties forces in the Northerne parts against the Scots and being at Yorke did in the month of September by his owne authority and without any lawfull warrant impose a tax on his Majesties subjects in the County of Yorke of 8. pence per diem for maintenance of every Souldier of the trained Bonds of that County which summes of money he caused to be levied by force And to the end to compell his Majesties subjects out of feare and terrour to yeeld to the payment of the same hee did declare that hee would commit them that refused the payment thereof and the Souldiers should be satisfied out of their estates and they that refused it were in very little better condition then of high Treason XXVIII That in the monthes of September and October last he the said Earl of Strafford being certified of the Scottish Army comming into the Kingdome and he the said Earle of Strafford being Lieutenant generall of his Majesties Army did not provide for the defence of the Towne of Newcastle as hee ought to have done but suffered the same to bee lost that so hee might the more incense the English against the Scots And for the same wicked purpose and out of a malicious desire to ingage the Kingdomes of England and Scotland in a nationall and bloody war he did write to the Lord Conway the generall of the horse and under the said Earles command that he should fight with the Scottish Army at the passage over the Tyne whatsoever should follow notwithstanding that the said Lord Conway had formerly by Letters informed him the said Earle that his Majesties Army then under his command was not of force sufficient to incounter the Scots by which advice of his he did contrary to the duty of his place betray his Majesties Army then under his command to apparent danger and losse All and every of which words counsells and actions of the said Earle of Strafford traiterously and contrary to his allegiance to our Soveraigne Lord the King and with an intention and endeavour to alienate and withdraw the hearts and affections of the Kings liege people of all his Realmes from his Majesty and to set a division betweene them and to ruine and destroy his Majesties said Kingdomes For which they doe further impeach him the said Thomas Earle of Strafford of High Treason against our Soveraigne Lord the King his Crowne and dignity FINIS