Historical Collections of Private Passages of State: Volume 8, 1640-41. Originally published by D Browne, London, 1721.
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Articles of the Commons Assembled in Parliament against Thomas Earl of Strafford, in Maintenance of their Accusation, whereby he stands Charged with High Treason.
Whereas the said commons have already Exhibited Articles against the said Carl, in hæc verba, Now the said commons do further Impeach the said Earl as followeth, (That is to say.)
That the said Earl of Strafford the 21st day of March, in the Eighth year of his majesties reign, was President of the king's Council in the northern parts of England.
That the said Earl being President of the said Council on the 21th of March, a Commission under the Great Deal 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 Misdemeanors, Suits, Debates, Controversies and Demands, Causes, Things and Matters, whatsoever therein contained, and within certain Precinos 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 Proceedings in the Court of Star-Chamber, divers Offences, Deceits and faluties therein mentioned, whether the same be provided for by the Ma 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 hands, 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 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 Jurisdiction 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, hansome, punish, and Imprison them; and caused them to be fined, Ransomed, Punished and Imprisoned, to their fiuine and Destruction; and namely, Sir Coniers Darcy, Sir John Bourcher, and divers others, against the Laws, and in subbertion 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 executed with the greater License 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 Decree 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 others unlawful Additions.
That the said Commission and Instructions were procured by the sollicitation and advice of the said Earl of Strafford.
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 receive the Justices of the Peace from executing of the Laws: he the said Earl, being then Precident, as aforesaid, and a Justice of Peace) did publickly at the Assizes held for the country 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 Justice according to Law, and (in the presence of the Justices sitting) that some of the Justices were all for Law, and nothing would please them but Law; but they should find that the Wing's little finger should be heavier than the Loines of the Law.
That the Realm of Ireland having been time out of mind annexed to the Imperial Crown of this His Majesties healm of England, and Governed by the same Laws: the said Earl being Lord Deputy of that healm, 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 settled 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 healm, where His Majesties Privy-Council, and Courts of Justice do ordinarily reside, and whither the mobility and Bentry of that healm do usually resort for Justice,) in a publick speech before divers of the Mobility and Bentry of that Kingdom, and before the Mayor, Modern, 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 than laid, That their Charters were nothing worth, and did bind the King no further than He pleased.
That Richard Carl 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 Cable of the said Realm of Ireland, upon a Paper Petition, without Legal proceeding, did the 20th day of February, in the Eleventh Year of his now Majesties Begin, threaten the said Earl (being then a Peer of the said Realm) to imprison him, unless he would surceafe his Suit, and said, That he would have neither Law no 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 Cable of that Realm, made in the time of King James, which concerned a Lease, which the said Earl of Cork claimed in certain Rectories of 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, of 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 fund of other times, and upon fund of other occasions, by his words and speeches arrogate to himself a Power above the Fundamental Laws, and Established Government.
That according to such his Declarations and Speeches, 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, Freeholds, 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 pet a Peer of the said Realm of Ireland, and then Dices Treasurer and Receiver General of the Realm of Ireland, and Treasurer at War, and one of the Principal Secretaries of State, and keeper 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 of Authority of Law of 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 Fourteenth Year of his Majesties Begin, without any Legal of due Proceedings of Trial, give and cause to be given, a Sentence of Death against one other of His Majesties Subjects, whole name is yet unknown, and caused him to be put to Death, in execution of the same Sentence.
That the said Earl of Strafford, without any Legal Proceedings, 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.
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 and Jury of Cryal, or other Legal Process, and without the consent of Parties, and did then procure the Judges 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 proceeding, cause Thomas Lord Dillon, a Peer of the said Realm if Ireland, to be put out of the possession of divers Lands and Tenements, being his freehold in the County 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 freehold by colour of the same Resolution, without Legal proceedings, whereby many hundreds of his Majesties Subjects were undone, and their families utterly ruinated.
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 Decree or Order against Adam Discount Lostus of Ely, a Peer of the said Realm of Ireland, and Lord Chancellor of Ireland, and did cause the laid Discount 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 Discount 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 Thirteenth Year imprison George Earl of Kildare, a Peer of Ireland, against Law, thereby to enforce him to submit his Title to the Mannor and Lordship of Castle-leigh in the Queens County, (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 Vote and Opinion for the said Lady; but the said Earl finding fault herewith, caused an Order to be entred against the said Lady, and threatend her, that if she refused to submit thereunto, he would imprison her, and fine her five hundred pounds; that if the 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 the like manner did imprison divers others of His Majesties Subjects, upon pretence of Disobedience to his Orders, Decrees, and other illegal Commands 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.
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 Goal, until they should either perform such Sentences, or put in sufficent 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.
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 Values and Prices than in truth they were worth (that is to say) every Nyde 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 Nine 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 Merchandise.
That the said Earl, in the ninth year of his majestries reign, did by his own will and Pleasure, and for his own Lucre, reitrain the Exportation of the Commodities of that kingdom without his License, as namely, Pipe stabes, and other commodities, and then railed great Sums of Money for Licenses of Corporation of those Commodities, and dispensation of the said Restraints imposed on them, by which means the Pipe-stabes were raised from four pound ten shillings, or five pound per thousand, to ten pounds, and sometimes Seven pound per thousand; and other Commodities were enhanced in the like proposition any by the same means, by him the said Earl.
That the said Earl, being Lord Deputy of Ireland, on the ninth day of January, in the Thirteenth year of his now Majesties reign, did then under colour to regulate the Importation of Tobacco into the laid realm of Ireland, issue a Proclamation in his majestries name, prohibiting the importation of tobacco, without License of him and the Council there, from and after the first day of May, Anno Dom. 1638. after which restraint, the laid Earl, notwithstanding the laid Restraint, caused divers great quantities of Tobacco to the Imported to his own use, and sraughted divers ships with tobacco, which he Improved to his own use: and that is any ship brought tobacco into any post there, the laid Earl, and his Agents, used to buy the same to his own use, at their own price; and if that the owners refused to let him have the same at under values,. Then they were not permitted to sent the same there, by which under means, the said Earl having gotten the whole Trade of Tobacco into his own hands, he told it at great and excessive prizes, such as he list to Impose for his own profit.
And the more to assure the laid Monopoly of Tobacco, he the laid Earl on the three and twentieth day of February, in the Thirteenth year asoreland, 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 be made up into Holls, and the same sealed with two Seals by himself appointed, on at each end of the Holl. And such as was not sealed, to be seized, appointing at sence the pound for a Hieward to such persons as should seize the same: and the persons in whole custody the unsealed Cobacco should be found, to be committed to Baol; which last Proclamation was coloured by a pretence for the retraining of the sale of unwholesome tobacco, but it was truly to advance the said Monopoly.
Which Proclamation the laid Carl did rigorously put in execution, by seizing the Boods, Sining, Imprisoning, Whipping, and putting the Offenders against the same Proclamation on the Pillory; as namely, Barnaby Hubbard, Edward Cavena, John Tumer, and divers others; and made the Officers of State, and Justices of Peace, and other Officers to serve him in the compassing and executing these unjust and under Courses, by which Cruelties, and unjust Monopolies, the said Carl raised 100000l. per annum gain to himself. And pet the said Carl though he enhanced the Customs, where it concerned the Merchants in general, yet drew down the Import, formerly taken on Tobacco, from Six pence the pound to Three pence the pound, it being for his own profit so to do.
And the said Carl, by the same, and other rigorous and undue means, raised several other Monopolies and unlawful Traction for his own gain, viz. on Starch, From pots, Blasses, Tobacco pipes, and several other Commodities.
That star being one of the principal and Native Commodities of that Kingdom of Ireland, the said Carl having gotten great quantities thereof into his hands, and growing on his own Lands, did issue out several Proclamations, viz, the one dated the One and the other dated the One and thirtieth day of January in the same Year, thereby prescribing and enjoying the working of flax into Yarn and Thread, and the Ordering of the same in such ways wherein the Nations of that kingdom were unpracticed and unskillful: which Proclamations to issued, were by this Commands and Warrants to His Majesties Justice of Peace, and other Officers, and by other rigorous means put in Execution, and the Flax wrought or ordered in other in other manner than as the said Proclamation prescribed, was seized and employed tot the use of him and his Agents, and thereby said Earl endeavored to gain, and did gain in effect the Sale of that Native Commodity.
That the sad Carl, by a Proclamation dated the Sixteenth of October, in the fourteenth Year of his Majesties Reign, did impose upon the Owners, Matters Pursers, and Boat Swains of every Ship, a new and Unlawful Oath, viz, That they (or two or more of them) immediately after the arrival of any Ship within any Port or Greek in the said Kingdom Of Ireland, should give in a nature In-voice of then outward bulk of Wares and Merchandizes first taken aboard them, together with the several marks and number of Books, and their qualities and condition of the said Books, as far as to them should be known, the Names of the several Merchants Proprietors of the said Goods, and the place 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 unlawful Oath.
That the said Carl of Strafford traitorously and wickedly devised and contrived, by force of Arms, and in a War-like manner, to subdue the Subject of the said of Ireland, and to bring them under his Tyrannical Power and Will; and in pursuance of his wicked and traitorous Purposed aforesaid, the Earl of Strafford, in the Eighth Year of His Majesties Reign, did, by his own Authority, without any Warrant of colour of Law, Tax and Impose great Sums of Money upon the Towns of Baltemore, Bauden-Bridge, Talowe, and divers other Towns and Places in the said Healm of Ireland; and did cause the same to be levied upon the Inhabitants of those Towns by Croops of Souldiers, with force and Arms, in a War-like manner. And on the Ninth day of March, in the Twelfth Year of his now Majesties Reign, trayterously did give Authority unto Robert Savile, a Serjeant at Arms, and to the Captains of the Companies of Souldiers, in several parts of that Healm, to send such numbers of Souldiers to lie on the Lands and Houses of such as would not conform to his Orders, until they should render Obedience to his said Orders and warrants, and after such submission (and not before) the said Souldiers to return to their Barrisons. And did also issue the like warrants unto divers others, which warrants were in War-like manner, with force and Arms, put in Execution accordingly; and by such War-like means did force divers of his Majesties Subjects of that Healm, to submit themselves to his unlawful Commands.
And in the said Twelfth Year of his Majesties Reign, the said Earl of Strafford did traiterously cause certain Troops of Norse and foot, Armco in War-like manner, and in War-like array, with force and Arms, to expel Richard Butler from the Possession of the manner of Castle-Cumber, in the territory of Idough, in the said Healm of Ireland, and did likewise, and in like War-like manner, erpel divers of his Majesties Subjects from their houses, families, and Possessions; as namely, Edward O Brenman, Owen Oberman, John Brenman, Patrick Oberman, Sir Cyprian Horsefield, and divers others, to the number of about an hundred families and took and imprisoned them and their wives, and carried them Prisoners to Dublin, and three detained, until they did yield up, Surrender, or release their respective Estates and Rights.
And the said Earl, in like War-like manner, hath during his Government of the said Kingdom of Ireland, subdued divers others of his Majesties Subjects there to his will, and thereby, and by the means aforesaid, hath levied war within the said Realm against his Majesty and his Liege-People of that Kingdom.
That the Earl of Strafford, the Two and twentieth of February, in the Seventh Year of his Majesties Reign, intending to Oppress the said Subjects of Ireland, did make a Population, and obtained from his Majesty an Allowance thereof, that no Complaint of Injustice or Oppression done in Ireland, should be received in England against any, unless it appeared, that the party made first his address to him the said Earl; and the said Earl having by such Hsurped tyrannical and exorbitant Power, expected in the former Articles, Destroyed and Oppressed the Peers, and other Subjects of that Kingdom of Ireland, in their lives, Consciences, Lands, Liberties and Estates, the said earl to the intent the better to maintain and strengthen his said Power, and to bring the people into a disaffection of his Majesty, as aforesaid, did use his majesties name in the execution of the said Power.
And to present the Subjects of that realm of all means of Complaints to his Majesty, and of resolves against him and his Agents, did issue a Proclamation, bearing date the Seventeenth day of September, in the Eleventh Year of his Majesties Reign, thereby commanding all the Nobility, Undertakers, and others who held Estates and Offices in the said Kingdom, (except such as were employed in his Majesties Service, or attending in England by his special Command) to make their personal residence in the said kingdom of Ireland, and not to depart thence without License of himself.
And the said Earl hath since issued other Proclamations to the same purpose, by means whereof the Subjects of the said Realm are restrained from seeking relief against the Oppressions of the said Earl, without his License; which Proclamation the said Earl hath by several rigorous ways, as by fine, Imprisonment, and otherwise, put in execution on his Majesties Subjects; as namely, one—Parry, and others, who came over only to complain of the Exorbitances and Oppressions of the said Earl.
That the said Earl having by such means, as aforesaid, subverted the Government and Laws of the kingdom of Ireland, did, in March, in the Sixteenth year of His Majesties Reign, in Ireland of His Majesties Government, of all His kingdoms; and in further Execution of his wicked Purposes aforesaid, speaking of the Army in Ireland, declare, That His Majesty was so well pleased with the Army of Ireland, and the consequences thereof, that His Majesty would certainly make the same a Pattern for all His Three Kingdoms.
That the said Earl of Strafford, for the better effecting of his traiterous Designs, and wicked Purposes, did endeavour to draw dependency upon himself of the Papists in both Kingdoms of England and Ireland, and to that end, during the time of his Government in Ireland, he restored divers Fryeries and Mass-Houses, (which had been formerly suppressed by the precedent Deputies of that Kingdom; two of which Houses are in the City of Dublin, and had been assigned to the use of the University there) to the pretended Owners thereof, who have since imployed the same to the Exercise of the Popish Religion.
And in the month of May and June last, the said Earl did raise an Army in the said Realm, consisting of 8000 foot, all of which, except one, or thereabouts, were Papists, and the said One thousand were drawn out of the old Army there, consulting of Two thousand foot, and in their places there were a thousand Papists, or thereabouts, put into the said old Army by the said Earl.
And the more to engage and tie the said new Army of Papists to himself, and to encourage them, and to discourage and weary out the said old Army, the said Earl did to provide: That the said new Army of Papists were duly paid, and had all Necessaries provided for them, and permitted the Exercise of their Religion, but the said old Army were for the space of one whole Year and upwards unpaid.
And the said Earl being appointed a Commissioner within eleven several Counties of the Northern parts of England, for Compounding with Recusants for their forfeitures due to his Majesty; which Commission beareth date the Eighth day of July, in the fifth year of His Majesties Reign that now is; and being also Receiver of the Composition-money thereby arising, and of other Debts, Duties, and Penalties, by reason of Recusancy within the said Counties, for His Majesties use, by Letters Patents dated the Ninth day of the same July; he to engage the said Recusants to him, did Compound with them at low and under Rates, and provided, that they should be discharged of all Proceedings against them in all His Majesties Courts, both Temporal and Ecclesiastical, in manifest breach of, and contrary to the Laws and Statutes of this Realm, in that behalf Established.
That the said Earl having Eared and Levied the said Impositions, and raised the said Monopolies, and committed the said other Oppressions in His Majesties Name; and as by His Majesties Royal Command, he the said Earl in May, the fifteenth Year of His Majesties Reign, did of his own authority contribe and frame a new and unusual Oath, by the purport whereof, among many other things, the party taking the said Oath, was to swear that he should not protest against any His Majesties Royal Commands, but submit himself in all due obedience thereunto, Which Oath he so contrib'd to enforce the same on the Subjects of the Scotish Nation, inhabiting in Ireland, and out of a hatred to the said Nation, and to put them to a discontent with His Majesty, and his Government there; and compelled divers of His Majesties said Subjects there to take the said Oath against their wills; and of such as refused to take the said Oath, some he grievously fined and imprisoned, and others he destroyed and exited; and namely, the Tenth of October, Anno Dom. 1639. he fined Henry Steward and his wife, who refused to take the said Oath, 5000 l. a piece, and their two Daughters and James Gray 3000 l. a piece, and imprisoned them for not paying the said fines. The said Henry Steward his Wife and Daughters, and James Gray, being the king's Leige-people of the Scotish Nation; and divers others he used in like manner; and the said Earl upon that occasion did declare, That the said Oath did not only oblige them in point of Allegiance to His Majesty, and acknowledgment of His Supremacy only, but to the Ceremonies and Government of the Church Established, and to be established by His Majesties Royal Authority; and said, That the Refusers to obey, he would prosecute to the blood.
That the said Earl hath in the 15th and 16th Years of his Majesties Reign, and divers years past, laboured and endeavoured to breed in his Majesty an ill Opinion of his Subjects; namely, of those of the Scotish Nation, and divers and sundry times, and especially since the pacification made by his Majesty with his said Subjects of Scotland in Summer, in the 15th Year of his Majesties beign, he the said Earl did labour and endeavour to perswade, incite and provoke his Majesty to an offencive War against his said Subjects of the Scotish Nation: And the said Earl, by his Counsels, Actions, and Endeavours, hath been, and is a principal and chief Incendiary of the War and Discord between his Majesty and his Subjects of England, and the said Subjects of Scotland, and hath declared and advised His Majesty, that the Demands made by the Scots, in their Parliament, were a sufficient cause of War against them.
The said Earl having formerly expressed the height and cancour of his mind towards his Majesties Subjects of the Scotish Nation, viz. the Tenth day of October, in the Fifteenth Year of His Majesties Begin, he said, that the Nation of the Scots were Rebels and Traytors, and he being then about to come to England, he then further said, That if it pleased His Matter(meaning his Majesty) to send him back again, he would root out of the said Kingdom (meaning the said Kingdom of Ireland) the Scotish Nation both Root and Branch.
Some Lords, and others, who had taken the said Oath in the precedent Article only excepted: and the said Earl hath caused divers of the Ships and Goods of the Scots to be stayed, seized, and molested, to the intent to let on the said War.
That the said Earl of Strafford, shortly after his Speeches mentioned in the last precedent Articles, to wit, in the 15th Year of His Majesties Reign, came into this Realm of England, and was made Lord Lieutenant of Ireland, and continued his Government of that Kingdom by a Deputy: at his arrival here, finding that His Majesty with much Wisdom and Goodness had composed the Troubles in the North, and had a pacification with his Subjects of Scotland; he laboured by all means to procure His Majesty to break that pacification, incensing His Majesty against His Subjects of that Kingdom, and the proceeding of the Parliament there.
And having incited His Majesty to an Offensive War against His Subjects of Scotland by Sea and Land, and by pretext, to raise Forces for the maintenance of that War; he counselled His Majesty to call a Parliament in England, yet the said Earl intended that if the said proceedings of that Parliament should not be such as would stand with the said Earl of Strafford's mischievous Designs, he would then procure His Majesty to break the same; and by ways of force and power, to raise monies upon the Subjects of this Kingdom. And for the encouragement of His Majesty to hearken to his advice, he did before His Majesty and His Privy Council, then citting in Council, make a large Declaration, that he would serve His Majesty in any other way, in case the Parliament should not supply him.
That in the month of March, before the beginning of the last Parliament, the said Earl of Strafford went into Ireland, and procured the Parliament of that Kingdom to declare their Assistance in a War against the Scots, and gave directions for the raising of an Army there, consisting of 8000 foot, and 1000 Dorse, being for the most part Papists, as aforesaid. And confederating with one Sir George Ratcliff, did together with him the said Sir George trayterously Conspire to employ the said Army for the ruine and destruction of the kingdom of England, and of his Majesties Subjects, and altering and subverting of the fundamental Laws and established Government of this kingdom.
And shortly after the said Earl of Strafford returned into England, and to sundry persons declared his Opinion to be, that his Majesty should first tric the Parliament here, and if that did not supply him according to his Occasions, He might use then his Prerogative as He pleased, to levy what he needed, and that He should be acquitted both of God and man; he took some other courses to supply Himself, though it were against the wills of his Subjects.
That upon the Thirteenth day of April last, the Parliament of England met, and the Commons House (then being the Representative Body of all the commons in the kingdom) did accordingly to the Trust reposed in them, enter into Debate and Consideration of the great Grievances of this kingdom, both in respect of Religion, and the publick Liberty of the kingdom; and his Majesties referring chiefly to the said Earl of Strafford, and the Archbishop of Canterbury, the ordering and disposing of all matters concerning the Parliament: He the said Earl 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 maintenance of his War against his Subjects of Scotland, before any course taken for the relief of the great and pressing Grievances, wherewith this kingdom was then afflicted. Whereupon a Demand was then made from his Majesty, of Twelve Subsidies, for the release of Ship-money only; and while the said Commons then assembled (with expression of great affection to His Majesty and his Service) were in Debate and Consideration concerning some supply, before any Resolution by them made, he the said Earl of Strafford, with the help and assistance of the said Archbishop, did procure His majesty to dissolve the said Parliament, upon the fifth day of May last: and upon the same day the said Earl of Strafford, did treacherously, falsy 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 denied to supply him. And afterwards upon the same day did traiterously and wickedly Counsel 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 that he was to do every thing that Power would admit, and that His Majesty had tried all ways, and was refused, and should be acquitted towards God and man; and that he had an Army in Ireland, (meaning the Army above mentioned, consisting of Papists, his dependants, as is aforesaid, which he might employ to reduce this kingdom.
That in same month of May, he the said Earl of Strafford, faloy, traiserously, and maliciously published and declared before others of His Majesties Privy Council, that the Parliament of England had forsaken the King, and that in denying to supply the king, They had given him advantage to supply himself by other ways, and several other times he did maliciously, wickedly, and faloy publish and declare, That seeing the Parliament had refused to supply His Majesties in the ordinary and usual way, the king might provide for the Kingdom in such ways, as He should hold fit, and that He was not to suffer Himself to be mattered by the forwardness and undutifulness of the people.
And having so maliciously pandered the said late House of Commons, he did with the help and advice of the said Archbishop of Canterbury and the Lordsinch, late Lordkeeper of the Great Seal of England, cause to be printed and published in His Majesties name a false and scandalous Book, 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 a persons against the said House of Commons.
That not long after the Dissolution of the said last Parliament, (viz, in the months of May and June) he the Earl of Strafford, did advice the King to go on vigorously in levying the Ship-money, and did procure the Sheriffs of several Countries to be sent for, for not serving the Ship-money, divers of which were threatned by him to be sued in the Star-Chamber, and afterwards by his where they were sued in Star-Chamber, for not levying the same, and divers of His Majesties loving Subjects were sent for and imprisoned by his advice, for that and other illegal payments.
And a great loan of a hundred thousand pounds was demanded of the City of London, and the Lord Mayor, and Sheriffs, and Aldermen of the said City were often sent for, by his advice, to the Council-Table, to give an account of their proceedings in raising of Ship-money and furthering of that loan, 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 do, he the said Earl of Strafford did use these and the like Speeches, viz. That they deserved to be put to fine and hansom, and that no good would be done with them, till an example were made of them, and that they were said by the heels, and some of the Aldermen hanged up.
That the said Earl by his wicked Counsels, having brought his Majesty into excessive Charge, without any just cause, he did in the month of July last (for the support of the said great Charges) counsel and approve two dangerous and wicked Projects, viz.
To seize upon the Bullion, and the Money in the Mint.
And to imvase His Majesties Coin with the mixture of Brass.
And accordingly he 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 staped, to His Majesties use. And when divers Merchants of London, Owners of the said Bullion and Moucy, came to his house to let him understand the great mischief, that course would produce here, and in other parts, and what prejudice it would be to the Kingdom, by discrediting the Mint, and hinding the importation of Bullion; he the said Earl told them, that the City of London dealt undutifully and unthankfully with His Majesty, and that they were more ready to help the Rebels than to help His Majesty. And that if any hurt came to them, they may thank 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 month of July, the Officers of His Majesties Mint came to him, and gave him divers reasons against the embasing 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 Accounts, that so they may know what to levy of them by force, which they did accordingly levy; and turning to the Lord Cottington, then present, said, That this was a point worthy of his Lordships consideration, meaning this course of the French King to raise monies by force, was a point worthy of his Lordships consideration.
That in or about the month of August last, he was made Lieutenant General of all His Majesties forces in the North, prepared against the Scots, and being at York, did then in the month of September by his own authority, and without any lawful Warrant, impose a Car on His Majesties subjects in the County of York of eight pence per diem, for maintenance of every Souldier of the Trained Bands of that County, which sums of money he caused to be levied by force. And to the end to compel His Majesties Subjects out of fear and terrour to yield to the payment of the same, he did declare, that he 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 than of High Treason.
That in the months of September and October last, he the said Earl of Strafford, being certified of the Scotish Army coming into the Kingdom, and he the said Earl of Strafford being Lieutenant General of His Majesties Army, he did not provide for the defence of the Town of Newcastle, as he ought to have done, but suffered the same to be lost, that so he might the more incense the English against the Scots.
And for the same wicked purpose, and out of a malicious desire to engage the Kingdoms of England and Scotland in a national and bloody War, he did write to the Lord Conway, the General of the Horse, and under the said Earls Command, that he should fight with the Scotish Army at the passage over the Tyne, whatsoever should follow; notwithstanding that the said Lord Conway had formerly by Letters informed the said Earl, that His Majesties Army, then under his Command, was not of force sufficient to encounter 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 loss.
All and every which words, counsels and actions of the said Earl of Strafford were spoken, given, and done by him the said Earl of Strafford, traitorously, and contrary to his Allegiance to our Sovereign Lord the king, and with an intention and endeavour to alienate and withdraw the hearts and affections of the king's Liege-people of all his Realms from his Majesty and to set division between them, and to ruine and destroy his Majesty, and Majesties said kingdoms, for which they do further impeach him the said Thomas Earl of Strafford 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 through 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 the Crimes and Offences before set forth were done and committed, and he the said Earl was Lieutenant General of His Majesties Army in the North parts of England during the time that the Crimes and Offences, in the 27th and 28th Articles, set forth were done and committed.
Tuesday, May 11th, 1641.
Ordered, That Mr. Solicitor give Order, That the Arguments he made in Westminster-Hall, touching the matters of Law in the Case of the Earl of Strafford, be Printed; and that Mr. Pym give the like Order, That his Speeches at the beginning and ending of the Trial of the said Earl of Strafford be likewise Printed.
The Names of those Gentlemen that managed the Evidence in this Trial, being, through over-sight, omitted to be inserted in their particular places, for the first Nine Articles; it is thought fit, for more exact satisfaction, to give an account of them in this place, with particular References; which may, by the Reader, be easily supplyed.
- Folio 115. Line 17. Mr. Pym.
- Ibid. Line 33. Mr. Pym.
- Ibid. Line 40. Mr. Pym.
- Fol. 116. Line 5. Mr. Pym.
- Ibid. Line 44. Mr. Pym.
- Fol. 117. Line 14. Mr. Maynard.
- Ibid. Line 43. Mr. Maynard.
- Fol. 120. Line 20. Mr. Pym.
- Fol. 124. Line 27. Mr. Pym.
- Fol. 127. Line 29. Mr. Pym.
- Fol. 138. Line 29. Mr. Maynard.
- Fol. 139. Line 3. Mr. Maynard.
- Fol. 142. Line 17. Mr. Maynard.
- Ibid. Line 24. Mr. Whitlock.
- Fol. 143. Line 7. Mr. Glyn.
- Ibid. Line 15. Mr. Maynard.
- Ibid. Line 25. Mr. Glyn.
- Fol. 144. Line 2. Mr. Maynard.
- Fol. 145. Line 3. Mr. Maynard.
- Fol. 147. Line 31. Mr. Maynard.
- Fol. 149. Line 14. Mr. Maynard.
- Fol. 152. Line 14. Mr. Maynard.
- Ibid. Line 18. Mr. Maynard.
- Ibid. Line 32. Mr. Maynard.
- Fol. 153. Line 6 Mr. Glyn.
- Ibid. Line 16. Mr. Maynard.
- Fol. 154. Line 4. Mr. Maynard.
- Fol. 155. Line 7. Mr. Maynard.
- Fol. 156. Line 8. Mr. Maynard.
- Ibid. Line 22. Mr. Glyn.
- Ibid. Line 28. Mr. Maynard.
- Ibid. Line 36. Mr. Maynard.
- Fol. 157. Line 11. Mr. Maynard.
- Fol. 158. Line 2. Lord Digby.
- Ibid. Line 37. Mr. Maynard.
- Fol. 163. Line 42. Mr. Maynard.
- Fol. 164. Line 9. Mr. Maynard.
- Ibid. Line 17. Mr. Maynard.
- Fol. 165. Line 7. Sir Jo. Clotworthy.
- Fol. 167. Line 25. Mr. Pym.
- Fol. 168. Line 16. Mr. Pym.
- Ibid. Line 25. Mr. Pym
- Ibid. Line 34. Mr. Maynard.
- Fol. 171. Line 28. Mr. Maynard.
- Fol. 173. Line 30. Mr. Glyn.
- Fol. 174. Line 8. Mr. Glyn.
- Fol. 179. Line 44. Mr. Glyn.
- Fol. 180. Line 37. Mr. Maynard.
- Fol. 183. Line 10. Mr. Maynard.
- Fol. 184. Line 11. Mr. Glyn.
- Fol. 185. Line 1. Mr. Maynard.
- Fol. 185. Line 21. Mr. Glyn.
- Fol. 188. Line 17. Mr. Glyn.
- Fol. 198. Line 1. Mr. Glyn.
- Fol. 201. Line 19. Mr. Glyn.
- Fol. 202. Line 7. Mr. Maynard.
- Ibid. Line 35. Mr. Maynard.
- Fol. 202. Line 31. Mr. Maynard.
- Ibid. Line 36. Mr. Maynard.
- Fol. 204. Line 5. Mr. Glyn.
- Fol. 205. Line 6. Mr. Glyn.
- Fol. 206. Line 31. Mr. Glyn.
- Ibid. Line 37. Mr. Glyn.
- Fol. 210. Line 38. Mr. Glyn.
- Fol. 213. Line 23. Mr. Glyn.
- Ibid. Line 29. Mr. Glyn.
- Fol. 216. Line 22. Mr. Maynard.
- Fol. 217. Line 21. Mr. Palmer.
- Fol. 218 Line 17. Mr. Glyn.
- Ibid. Line 21. Mr. Glyn.
- Fol. 219. Line 32. Mr. Stroud.
- Fol. 222. Line 8. Mr. Glyn.
- Ibid. Line 34. Mr. Glyn.
- Fol. 223. Line 22. Mr. Glyn.
- Ibid. Line 42. Mr. Maynard.
- Fol. 226. Line 42. Mr. Maynard.
- Fol. 228. Line 10. Mr. Glyn.
- Ibid. Line 26. Mr. Glyn.
- Fol. 229 Line 11. Mr. Glyn.
- Ibid. Line 33. Mr. Glyn.
- Fol. 233. Line 25. Mr. Glyn.