DEPOSITIONS AND ARTICLES AGAINST THOMAS EARLE OF STRAFFORD Febr. 16. 1640. Printed in the yeare 1640. ARTICLES OF the Commons assembled in Parliament against THOMAS Earle of Strafford in maintenance of their accusation whereby he stands charged of high Treason I. THat he the said Thomas Earle of Strafford hath traiterously endeavoured to subvert the fundamentall Lawes and government of the Realmes of England and Ireland and instead thereof to introduce an arbitrary and tyrannicall Government against Law which he hath declared by traiterous words counsels and actions and by giving his Majesty advice by force of Armes to compell his loyall subjects to submit therunto II. That hee hath traiterously assumed to himselfe Regall power over the lives liberties persons lands and goods of his Majesties subjects in England and Ireland and hath exercised the same tyrannically to the subversion and undoing of many both of Peeres and others of his Majesties Liege people III. That the better to inrich and enable himselfe to goe through with his traiterous designes hee hath detained a great part of his Majesties revenue without giving legall account and hath taken great summes out of the Exchequer converting them to his owne use when his Majesty was necessirated for his owne urgent occasions and his Army had beene a long time unpaid IV. That hee hath traiterously abused the power authority of his government to the increasing countenancing and encouraging of Papists that so he might settle a mutuall dependance confidence betwixt himselfe and that party and by their helpe prosecute and accomplish his malicious and tyrannicall designes V. That he hath maliciously endeavoured to stirre up enmity and hostility betweene his Majesties subjects of England and those of Scotland VI. That he hath traiterously broken the great trust reposed in him by his Majesty of Lieutenant generall of his Army by wilfully betraying divers of his Majesties subjects to death his Army to a dishonourable defeat by the Scots at Newborn and the Towne of New-Castle into their hands to the end that by the effusion of blood by dishonour and so great a losse of New-Castle his Majesties Realme of England might be engaged in a Nationall and irreconciliable quarrell with the Scots VII That to preserve himselfe from being questioned for those and other his traiterous courses hee laboured to subvert the right of Parliaments and the ancient course of Parliamentary proceedings and by false and malicious slanders to incense his Majestie against Parliaments By which words counsels and actions hee hath traiterously and contrary to his Allegiance laboured to alienate the hearts of the Kings liege people from his Majesty to set a division betweene them and to ruine and destroy his Majesties Kingdomes for which they impeach him of high Treason against our Soveraigne Lord the King his Crowne and dignitie VIII And he the said Earle of Strafford was Lord Deputie of Ireland and Lieutenant generall of the Army there viz. His most excellent Majesty for his Kingdomes both of England and Ireland and the L. President of the North during the time that all and every the crimes and offences before set forth were done and committed and he the said Earle was Lieutenant generall of all his Majesties Army in the North parts of England during the time that the crimes and offences in the fift and sixt Articles set forth were done and committed IX And the said Commons by protestations saving to themselves the liberty of exhibiting at any time hereafter any other accusation or impeachment against the said Earle and also of replying to the answers that he the said Earle shall make unto the said Articles or to any of them and of offering proves also of the premisses or any of them or any other impeachment or accusation that shall be exhibited by them as the cause shall according to the course of Parliaments require doe pray that the said Earle may be put to answer for all and every the premisses that such proceedings examinations tryals and Judgements may bee upon every of them had and used as is agreeable to Law and Justice The further impeachment of Thomas Earle of Strafford by the Commons assembled in Parliament 1640. WHereas the said Commons have already exhibited Articles against the said Earle formerly expressed c. Now the said Commons doe further impeach the said Earle as followeth c. I. That he the said Earle of Strafford the 21 day of March in the 8. yeare of his now Majesties Reigne was president of the Kings Counsell in the Northerne parts of England That the said said Earle being President of the said Counsell on the 21. day of March a Commission under the great Seale of England with certaine Schedules of instructions thereunto annexed was directed to the said Earle or others the Commissioners therein named wherby amongst other things power and authority is limited to the said Earle and others the Commissioners therein named to heare and determine all offences and misdemeanors suites debates controversies and demandes causes things and matters whatsoever therein contained and within certaine precincts in the said Northene parts therein specified and in such manner as by the said Schedule is limited and appointed That amongst other things in the said Instructions it is directed that the said President others therein appointed shal heare and determine according to the course of proceedings in the Court of Starchamber divers offences deceits and falsities therein mentioned whether the same be provided for by the Acts of Parliament or not so that the Fines imposed be not lesse then by Act or Acts of Parliament provided for by those offences is appointed That also amongst other things in the said instructions it is directed that the said president and others therein appointed have power to examine heare and determine accoring to the course of proceedings in the Court of Chancery all manner of complaints for any matter within the said precincts as well concerning lands tenements and hereditaments either free-hold Customary or Copy-hold as Leases and other things therin mentioned and to stay proceedings in the Court of Common Law by Injunction or otherwise by all wayes and means as is used in the Court of Chancery And although the former Presidents of the said Counsell had never put in practice such Instructions nor had they any such Instructions yet the said Earle in the moneth of May in the said 8 yeare and divers yeares following did put in practise exercise and use and caused to be used and put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawfull power and jurisdiction on the persons and estates of his Majesties subjects in those parts and did dis-inherit divers of his Majesties subjects in those parts of their inheritances sequestred their possessions did fine ransome punish and imprison them and caused them to be fined ransomed punished and imprisoned to their ruine destruction and namely Sir Coniers Darcy Sir Iohn Bourcher and divers
others against the Lawes and in subversion of the same And the said Commission and Instrnctions were procured and issued by the advice of the said Earle And he the said Earle to the intent that such illegall and unjust power might be exercised with the greater License and will did advise counsell and procure further directions in and by the said Instructions to be given that no prohibition be granted at all but in cases where the said Counsell shall exceed the limits of the said instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party performe the Decree and Order of the said Counsell And the said Earle in the 13. yeare of his now Majesties Reigne did procure a new Commission to himselfe and others therein appointed with the said Instructions and other unlawfull additions That the said Commission and instructions were procured by the solicitation and advice of the said Earle of Strafford II. That shortly after the obtaining of the said Commission dated the 21 of March in the 8 yeare of his now Majesties Reigne to wit the last day of August then next following he the said Earle to bring his Majesty liege people into a dislike of his Majesty and of his Government and to terrifie the Justices of the Peace from executing of the Lawes he the said Earle being then President as aforesaid and a Justice of Peace did publiquely at the Assises held for the County of Yorke in the Citie of Yorke in and upon the said last day of August declare and publish before the people there attending for the administration of Justice according to the Law and in the presence of the Justices sitting That some of the Justices were all for Law but they should finde that the Kings little singer should be heavier than the loynes of the Law III. That the Realme of Ireland having beene time out of minde annexed to the Imperiall Crowne of this his Majesties Realme of England and governed by the same Lawes the said Earle being Lord Deputy of that Realme to bring his Majesties liege people of that Kingdome likewise into dislike of his Majesties government and intending the subversion of the sundamentall Lawes and setled government of that Realme and the distraction of his Majesties liege people there did upon the 30 day of September in the ninth yeare of his now Majesties Reigne in the Citie of Dublin the chiefe City of that Kingdome where his Majesties privie Counsell and Courts of Justice doe ordinarily reside and whether the Nobilitie and Gentry of that Realme doe usually resort for Justice in a publike Speech before divers of the Nobilitie and Gentry and before the Major Aldermen and Recorder and many Cirizens of Dublin and other his Majesties Liege people declare and publish that Jreland was a conquered Nation and that the King might doe with them what he pleased and speaking of the Charters of the former Kings of England made to that Citie hee further said that their Charters were nothing worth and did bind the King no further then he pleased IV. That Richard Earle of Corke having sued out Processe in course of Law for recovery of his possessions from which he was put by colour of an order made by the said Earle of Strafford and the Councell Table of the said Realme of Ireland The said Earle of Strafford upon a paper Petition without legall proceeding did the 20. day of February in the 11. yeere of his now Majesties Reigne threaten the said Earle of Corke being then a Peere of the said Realme to imprison him unlesse he would surcease his snit and said That hee would have neither Law nor Lawyers dispute or question any of his orders And the 20 day of March in the said 1â— yeare of the said Earle of Strafford speaking of an order of the said Counfell Table of that Realme in the time of King James which concerned a Lease which the said Earle of Corke claimed in certaine rectories or tithes which the said Earle of Corke alleadged to be of no force said That he would make the said Earle and all Ireland know so long as he had the Government there any Act of State there made or to be made should bee as binding to the subjects of that Kingdome as an Act of Parliament And did question the said Earle of Corke in the Castle Chamber upon pretence of breach of the said order of Counsell Table and did sundry ther times and set upon sundry other occasions by his words and speeches arrogate to himselfe a power above the fundamentall lawes and established Government of that Kingdom and scorned the said Lawes and established Government V. That according to such his declarations and speeches the said Earle of Strafford did use and exercise a power above against and to the subvertion of the said fundamentall Lawes and stablished government of the said Realme of Jreland extending such his power to the goods free-holds inheritances Liberties and lives of his Majesties Subjects of the said Realme viz. The said Earle of Strafford the 12. day of December Anno Dom. 1635. in the time of full peace did in the said Realm of Jreland give and procure to bee given against the Lord Mount-Norris then and yet a Peere of Jreland and then Vice-Treasurer and receiver generall of the Realme of Ireland and one of the principall Secretaries of State and Keeper of the Privie Signet of the said Kingdome a sentence of death by a Councell of Warre called together by the said Earle of Strafford without any warrant or authority of Law or offence deserving any such punishment And he the said Earle die also at Dublin within the said Realme of Jreland in the moneth of March in the 14 yeare of his Majesties Reigne without any legall or due proceedings or tryall give or cause to bee given a sentence of death against one other of his Majesties Subjects whose name is yet unknowne and caused him to be put to death in execution of the said sentence VI. That the said Earle of Strafford without any legall proceedings and upon a paper Petition of Richard Ralstone did cause the said Lord Mount-Norris to be disseized and put out of possession of his free-hold and inheritance of his Mannor and Tymore in the Countrey of Armagh in the Kingdome of Ireland the said Lord Mount-Norris having beene two yeares before in quiet possession therof VII That the said Earle of Strafford in the Terme of Holy Trinity in the 13 yeere of his now Majesties Reigne did cause a case commonly called the case of Tenures upon defective titles to be made and drawne up without any jury or tryall or other legall processe without the consent of parties and did then procure the Judges of the said Realme of Jreland to deliver their opinions and resolutions to that case and by colour of such opinion did without any legall proceeding cause Thomas Lord Dillon a Peere of the said Realme of Jreland
furthering of that loane and were required to certifie the names of such Inhabitants of the said City as were fit 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 be put to Fine and Ransom and that no good would be done with them till an example were made of them and they were laid by the heeles and some of the Aldermen hanged up XXVI That the said Earle of Strafford by his wicked counsell having brought his Majestie into excessive charges without any just cause he did in the moneth of Iuly 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 〈◊〉 procured one hundred thirty thousand pounds which was then in the Mint and belonging to divers Merchants strangers others to be seized on and stayed to his Majesties use And when divers Marchants 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 bee to the Kingdome by discrediting the Mint and hindring the importation of Bullion hee the said Earle told them that the Citie of London dealt undutifully and unthankefully 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 monies to serve their occasions And when in the same moneth of Iuly the Officers of his Majesties Mint came to him and gave him divers reasons against the imbasing of the said mony hee 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 so that 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 moneth 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 bands of that County which summes of mony hee caused to bee 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 He 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 moneth of September and October last hee the said Earle of Strafford being certified of the Scottish Army comming into the Kingdome and hee the said Earle of Strafford being Lieutenant generall of his Majesties Army did not provide for the defence of the Towne of Newcastle as He ought to have done but suffered the same to be 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 hee did write to the Lord Conway the generall of the horse and under the said Earles command that hee 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 hee did contrary to the duty of his place betray his Majesties Army then under his command to apparent danger and losse All and every which words counsells and actions of the said Earle of Strafford traiterously and contrary to his allegiance to our Soveragne 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