DIE Mercurii, videlicet, 25 die Novembris.
PRAYERS.
Committee appointed touching the Forest of Dean.
It was moved, That The Forest of Deane, being a
Forest of great Consequence, and much importing the
Benefit of this Kingdom, for the Building of Ships, is
much destroyed and wasted, by the cutting down of
the Timber; whereupon it was referred to the Considerations and Examinations of these Lords Committees
following:
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The L. Treasurer.
L. Chamberlain of the Household.
E. of Bathon.
E. of Bedford.
E. of Essex.
E. of Lincolne.
E. of Sarum.
E. of North'ton.
E. of Holland.
E. of Berks.
E. of Dover.
E. of Standford.
L. Viscount Say et Seale.
L. Bp. of Chester.
L. Bp. of Lincolne. |
L. Bp. of Sarum.
L. Bp. of Gloucester.
L. Bp. of Carlile.
L. Bp. of Bristoll.
Ds. Clifford.
Ds. Strange.
Ds. Willoughby de Easby
Ds. Docres.
Ds. Wharton.
Ds. Pagett.
Ds. Chandois.
Ds. Kymbolton.
Ds. Brooke.
Ds. Howard de Charlion.
Ds. Robers.
Ds. Savill. |
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Lord Chief Justice of the Commons Pleas, and Serjeant Whitfield, |
Attendants. |
To meet on Friday, 27th November, at Two of the
Clock in the Afternoon, in the Painted Chamber; and to call whom their Lordships shall
think fit to assist them.
The King to be moved to stay the cutting of Timber in it.
And the Lord Treasurer, Lord Chamberlain, Farl
of Holland, were appointed, in the Name of the
House, to move His Majesty for the speedy staying the
Felling of any Trees, in the said Forest of Deane.
Message from the H C. for Conference touching their Accusation of the E. of Strafford.
A Message was sent from the House of Commons,
by the Lord Digby, to this Effect: videlicet,
That the Knights, Citizens, and Burgesses of the
House of Commons, do desire a Conference with
their Lordships, with a Committee of both Houses,
about the Accusation of High Treason against the
Earl of Strafford by the House of Commons, at such
Time as with Conveniency their Lordships shall appoint.
Answer.
The Lord Keeper reporting this to the House;
their Lordships resolved upon this Answer, which
was signified to them by the Lord Keeper, That
their Lordships will meet them presently, with a
Committee of both Houses, in the Painted Chamber.
Barnardo committed for scandalous Words against the Lords.
It was moved, That one Phillip Barnardo, an Italian, and
a Popish Recusant, hath spoken scandalous Words against
the English Peers, which petitioned His Majesty in the
North, videlicet, "What will you say if that some of
the Lords Petitioners be found to have a Hand in
bringing in the Scottish Rebels into England?" The
Lord Chief Justice hath taken his Examinations and
Informations in the Business, and afterwards committed
the said Barnardo to Prison; and Ordered by this
House, That the said Phillip Barnardo shall continve
in Prison, until he be sent for by the Order of this
House.
L. Wentworth introduced.
The Lord Wentworth was this Day introducted, between the Lord North and the Lord Lovelace, and his
Writ being, upon his Knee, delivered to the Lord
Keeper, and he delivering it to the Clerk, he was
brought by the Lord Great Chamberlain, the Earl
Marshal, and Garter, and placed next above the Lord
Wharton.
The House was adjourned, during Pleasure; and
afterwards the Lords went into the Painted Chamber,
to the Conference.
Conference reported, touching their Accusation of the E. of Strafford.
The Conference being done, the House was resumed; and the Lord Keeper reported the Effect of
the Conference videlicet,
That the House of Commons have delivered their
Articles of High Treason against the Earl of Strafford, consisting of divers Charges; and that the
Commons desired,
1. That the Earl of Strafford may be called to answer the said Articles.
2. That they may be made acquainted with the
Earl of Strafford's Answer.
3. That they may be made acquainted with the
Depositions.
4. They required further, they might add to their
Accusation, as Occasion should serve.
After this, the Articles were read publicly, in hæc
verba:
"Articles of the Commons, assembled in Parliament, against Thomas Earl of Strafford, in Maintenance of their Accusation,
whereby he stands charged with High
Treason.
Articles of Impeachment exhibited by the Commons, against the Earl of Strafford.
"1. That he the said Thomas Earl of Strafford
hath traiterously endeavoured to subvert the Fundamental Laws and Government of the Realms of
England and Ireland, and, instead thereof, to introduce an arbitrary and tyrannical Government,
against Law, which he hath declared by traiterous
Words, Counsels, and Actions, and by giving His
Majesty Advice, by Force of Arms, to compel His
loyal Subjects to submit thereunto.
"That he hath traiterously assumed to himself
Regal Power over the Lives, Liberties of Persons,
Lands, and Goods of His Majesty's Subjects, in
England and Ireland, and hath exercised the same
tyrannically, to the Subversion and Undoing of
many, both Peers and others, of His Majesty's
Liege People.
"3. The better to inrich, and enable himself to
go through with his traiterous Designs, he hath
detained a great Part of His Majesty's Revenue,
without giving any legal Accounts; and hath taken
great Sums of Money out of the Exchequer, converting them to his own Use, when His Majesty
was necessitated for His own urgent Occasions, and
His Army had been a long Time unpaid.
"4. That he hath traiterously abused the Power
and Authority of his Government, to the increasing, countenancing, and encouraging of Papists, that so he might settle a mutual Dependance
and Confidence betwixt himself and that Party,
and by their Help prosecute and accomplish his malicious and tyrannical Designs.
"5. That he hath maliciously endeavoured to stir
up Enmity and Hostility between His Majesty's
Subjects of England and those of Scotland.
"6. That he hath traiterously broken the great
Trust reposed in him by His Majesty, of Lieutenant General of His Army, by wilfully betraying
divers of His Majesty's Subjects to Death, His
Majesty's Army to a dishonourable Defeat by the
Scotts at Newborne, and the Town of Newcastle
into their Hands, to the End that, by Effusion of
Blood, by Dishonour, by so great a Loss as of
Newcastle, His Majesty's Realm of England might
be engaged in a national and irreconcilable Quarrel
with the Scotts.
"7. That, to preserve himself from being questioned
for these and other his traiterous Courses, he laboured to subvert the Right of Parliaments, and
the ancient Course of Parliamentary Proceedings,
and, by false and malicious Slanders, to incense His
Majesty against Parliaments.
"By which Words, Counsels, and Actions, he
hath traiterously, and contrary to his Allegiance,
laboured to alienate the Hearts of the King's liege
People from His Majesty, to set a Division between
them, and to ruin and destroy His Majesty's Kingdoms, for which they do impeach him of High
Treason against our Sovereign Lord the King, His
Crown and Dignity. And he the said Earl of
Strafford was Lord Deputy of Ireland, or Lord
Lieutenant of Ireland, and Lieutenant General of
the Army there, under His most Excellent Majesty,
and a sworn Privy Counsellor to His Majesty for
His Kingdoms both of England and Ireland, and
Lord President of the North, during the Time that
all and every of the Crimes and Offences before set
forth were done and committed, and he the said
Earl was Lieutenant General of His Majesty's Army
in the North Parts of England, during the Time
that the Crimes and Offences in the Fifth and Sixth
Articles set forth were done and committed
"And the said Commons, by Protestation, saving
to themselves the Liberty of exhibiting at any Time
hereafter any other Accusation or Impeachment
against the said Earl, and also of replying to the
Answer that he the said Earl shall make unto the
said Articles, or to any of them, and of offering
Proof also of the Premises, or any of them, or of
any other Accusation or Impeachment that shall be
by them exhibited, as the Case shall, according to
the Course of Parliaments, require; and do pray
that the said Earl may be put to answer to all and
every the Premises; and that such Proceedings,
Examination, Trial, and Judgement, may be upon
every of them had and used, as is agreeable to Law
and Justice."
E. of Strafford to be committed to The Tower.
Whereupon it was Ordered, by the Lords Spiritual and Temporal in the High Court of Parliament
assembled, That, upon the Accusation of High
Treason of the Earl of Strafford, by the House of
Commons, the Earl of Strafford be forthwith committed to The Tower, and that he have a Copy of
the Articles, to prepare a speedy Answer; and likewise that he have free Access of such Counsel to
him, to advise about his Answer, as this House shall
allow and approve of, when he shall present a List of
their Names: And that the Access of Friends and
Servants shall not be debarred him; and such Physicians as he shall think fit for his Health shall have
Access unto him.
At the Bar.
The Earl of Strafford was presently sent for, by
the Gentleman Usher, in whose Custody he was;
who appeared at the Bar, as a Delinquent.
His Articles of Impeachment read to him.
And then the Lord Keeper signified to him from
the House, That the House of Commons have delivered an Impeachment of High Treason against
him, which was read unto him publicly, in open Court.
His Requests to the House.
After which he had Leave given him to speak.
He rendered their Lordships humble Thanks for
their Proceedings with him, and desired of their
Lordships:
"That he might have Time given him to Answer.
"That he might have Counsel assigned him.
"That he might have Servants about him, and his
Friends to have Access to him."
To have Counsel assigned him. And allowed Access of his Friends, &c.
He being commanded to withdraw, and the House
taking his Requests into Consideration, he was called
for in again; and the Lord Keeper, by the Direction of the House, told him that their Lordships had
Ordered that he should stand forthwith committed
to The Tower, and shall have such Counsel allowed
him, and, if Need be, assigned him, as the House
shall approve of, when he delivers in their Names in
Writing; and that the Access of his Friends and
Servants is not debarred him; and likewise such Physicians as he shall think fit for his Health may repair
unto him.
"For this the Earl of Strafford gave their Lordships humble Thanks; but craved Leave to desire
one Thing more, which was, that no Examinations of
Witnesses might be before he had made his Answer;
and that the Names of Witnesses may be given in
before they be examined.
But, he withdrawing, the House appointed the
Lord Keeper to send for these in Writing from the
Earl of Strafford.
The Committee that should have met this Day,
upon the Northern Affairs, is adjourned until Friday
next.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 26m diem instantis Novembris, hora nona, Dominis sic decernentibus.