The Examination of Sir Ralph Hopton, Sir Iohn Winter, Sir Iohn Stowell, with two other Knights, brought upon their knees at the Barr in the House of Commons the 14. day of this instant October with the Articles of High Treason exhibited against them by the House of Commons.
FRyday being the 14 of October was Sir Ralph Hopton, Sir Iohn Winter, Sir Iohn Stowell with two other Knights, which were apprehended at Falmouth in the County of Cornwall, by the Earle of Bedfords Forces, brought to the Barr in the House of Commons, and after submission severally made to the House, they were commanded out againe by a Serjeant at Armes, upon which the House falling into [Page 4]debate of the offences by them committed in the County of Summerset-shire Dorset-shire and Cornwall against the Kings good Subjects. They were unanimously voted Delinquents against both King and Parliament, after which Sir Ralph Hopton was againe called to the Barr, and examined upon these questions.
First, by what authority or Commission the said Sir Ralph did leavy and cause to be leavyed Forces in the County of Summerset-shire against the expresse order and declaration published by authority of both Houses of Parliament.
2. Wherefore he endeavoured to put the Commission of Array in execution in that County, it having been declared illegall by the Iudgement of both Houses of Parliament, and in opposition to the Ordinance of both Houses for putting the Militia in execution.
3. By what authority the said Sir Ralph caused to be raised Horse, Money and Plate for maintenance of the war begun against the Parliament, and seizing by force of Armes the goods of divers Gentlemen [Page 5]well affected to the Parliaments proceedings, which refused to lend any money or plate, or to set forth any Horse according to his desires.
Vpon which, the said Sir Ralph Hopton was called to make answer to the said questions, who answered in brief, That whatsoever he had done was by authority from Marquesse Hartford, the Lord Seymour and the Lord Paulet, who had received a Commission of Array from His Majesty, That he was not convinced in his Iudgement of the illegality of the said Commission, but by vertue thereof had lawfull power to put that County into a posture of Defence.
For his endeavouring to raise money, Horse and plate for the use and service of His Maiesty, it was by vertue of Warrants in His Maiesties Name directed to him for that purpose, which he conceived he was bound by his Oath of Allegiance to obey, upon which his answers he was againe commanded from the Barr, and the House falling into consideration and great debate touching the same, una voce voted these particulars.
[Page 6] 1. That the raising of Forces without consent of both Houses of Parliament, and marching with the same against any of his Maiesties Subiects, is actually leavying of war, and hath been by the Lawes of this Land adjudged Treason against King and Parliament.
2. That for any Member of either of both Houses to leave their attendance for the service of the State, and privately depart without leave of the House, and shall in disobedience to the Orders and Summons of the same refuse to make his appearance is a high breach of the priviledges of Parliament.
3. That to endeavour to raise or procure any money, Armes or Amunition for the nourishing or maintenance of any warre raised against the State is Treason.
4. To joyne any Forces so raised against the Lawes of the Land, and Ordinances of Parliament, with any persons that by both Houses are declared Traytors, is Treason.
5. That the said Sir Ralph Hopton is guilty of every the aforesaid Votes, and ought [Page 7]to be proceeded against accordingly.
6. That the aforesaid particulars shall be drawne into a charge against the said Sir Ralph Hopton, and a Committee appointed for the perfecting of the same, and presenting it to the House on Munday next.
7. That the said Sir Ralph Hopton shall be forthwith committed prisoner to the Tower.
After which, Sir Iohn Stowell and the rest were called in severally, and after examination it being put to the question, it was resolved that the said Knights, first for joyning and confederating themselves with Marquesse Hertford, Lord Seymour, and the Lord Paulet in the warre against the Parliament, who are declared Traytors.
2. For raising of Forces joyntly and severally in the Counties of Summerset-shire, Dorchester, Devon-shire and Cornewall, and marching against the Forces raised by Authority for Parliament, for suppressing tumultuous and malignant persons that have endeavoured to disturbe the peace of the Kingdome.
[Page 8] 3. For refusing to appeare before the House of Commons upon their Summons as Delinquents, but returning sleight and disobedient answers.
4. For endeavouring to put the Commission of Array in execution against the Parliament are guilty of high Treason.
5. Then the House of Commons appointed a Committee to draw up a charge of Treason against the said Knights upon these severall Votes, and present the same to the House on Tuesday following, and ordered that Sir Iohn Stowell, and Sir Iohn Winter should be committed to the Tower, Captaine Digby to the Gate-house, and the other to the Fleet, which was done accordingly.