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 [Page 2] 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 [Page 4] 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, [Page 5] 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 [Page 8] 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 [Page 9] 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, [Page 10] 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. [Page 11] 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 [Page 12] 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, [Page 13] in the 11 yeare of his now Maj [...] 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 [Page 15] 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 Ireland, to be put out of [Page 16] 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, [Page 17] 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, [Page 18] 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 [Page 19] 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 [Page 20] 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 [Page 21] 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; [Page 22] 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 none should put to sale any Tobacco by whole sale from and after the last day of May then next following, but what should bee made up into Rolls, and the same sealed with two seales by himselfe appointed, one at each end of the Roll. And such as was not so sealed to be seized, appointing sixe pence the pound for a reward to such persons as should seize the same: and the persons in whose custody the unsealed Tobacco should be found to be committed to Gaole, which last Proclamation was covered by a pretence of the restraining of the sale of unwhole some Tobacco, but it was truely to advance the said Monopoly.
Which Proclamation the said Earle did rigorously put in execution, by ceazing the goods, fining, imprisoning, whipping, and putting the offendors against the same Proclamation [Page 23] on the pillory as namely, Barnaby Hubbard, Edward Cavena, Iohn Tumen, and divers others: and made the Officers of State and Justices of Peace, and other Officers to serve him in compassing and executing these unjust and undue courses. By which cruelties and unjust Monopolies, the said Earle raised 100000. pounds per annum gaine to himselfe. And yet the said Earle, though he inhanced the Customes where it concerned the Merchants in generall, yet drew downe the impost formerly taken on Tobacco, from six pence the pound to three pence the pound, it being for his owne profit so to doe. And the said Earle by the same, and other rigorous and undue meanes, raised severall other Monopolies and unlawfull exactions for his owne gaine, viz. on Starch, Iron pots, Glasses, Tobacco pipes, and severall other commodities.
XIII.
That Flax being one of the principall and native Commodities of that Kingdome of Ireland, the said Earle having gotten great quantities thereof into his hands, and growing on his owne Lands, did issue out severall Proclamations, viz. one dated the one and twentieth day of May, in the eleventh of his [Page 24] Majesties reigne, and the other dated the one and thirtieth of January in the same yeare, thereby prescribing and injoyning the working of Flax into Yarne and Thread, and the ordering of the same in such waies wherein the Natives of that Kingdome were unpractised and unskilfull: which Proclamations so issued, were by his Commands and Warrants to his Majesties Justices of Peace, and other Officers, and by other rigorous meanes put in execution, and the Flax wrought or ordered in other manner then as the said Proclamation prescribed, was ceazed and employed to the use of him and his agents, and thereby the said Earle endeavoured to gaine, and did gaine in effect the sole sale of that native commodity.
XIV.
That the said Earle of Strafford, by Proclamation dated the sixteenth day of October, in the fourteenth yeare of his Majesties reigne, did impose upon the Owners, Masters, Pursers and Boatswaines of every ship, a new and unlawfull oath, viz. that they (two or more of them) immediately after the arivall of any Ship within any Port or Creeke in the said Kingdome of Ireland, should give in a true invoyce of the outward bulke of [Page 25] Wares and Merchandises, and number of goods, and the qualities and condition of the said goods, as farre as to them should bee knowne, the names of the severall Merchants proprietours of the said goods, and the places 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 unlawfull Oath.
XV.
That the said Earle of Strafford trayterously and wickedly devised and contrived by force of Armes in a warlike manner to subdue the Subjects of the said Realme of Ireland, to bring them under his tyrannicall power and will, and in pursuance of his wicked and trayterous purposes aforesaid, the said Earle of Strafford in the eighth yeare of his Majesties reigne, did by his owne authority, without any warrant or colour of Law, tax and impose great summes of money upon the Townes of Baltemore, Baudenbridge, Talowe, and divers other Townes and places in the said Realme of Ireland, and did cause the same to be levied upon the inhabitants of those Townes by troopes of Souldiers, with force and armes, in a warlike manner. [Page 26] And on the ninth day of March, in the twelfth yeare of his now Majesties reigne, trayterously did give authority unto Robert Savile a Serjeant at Armes, and to the Captaines of the companies of Souldiers, in severall parts of that Realme, to send such numbers of Souldiers to lye on the lands and houses of such as would not conforme to his orders, untill they should render obedience to his said orders and warrants, and after such submission (and not before) the said Souldiers to returne to their Garrisons. And did also issue the like warrants unto divers others, which warrants were in warlike manner, with force and Armes put in execution accordingly, and by such warlike meanes did force divers of his Majesties subjects of that Realm to submit themselves to his unlawfull commands.
And in the said twelfth yeare of his Majesties reigne, the said Earle of Strafford did trayterously cause certaine troopes of horse and foot armed in warlike manner, and in warlike array, with force and armes, to expell Richard Butler from the possession of Castle-Cumber, in the Territory of Idough, in the said Realme of Ireland: and did likewise and in like warlike manner, expell divers of his Majesties Subjects from their houses, families, [Page 27] and possessions, as namely Edward Brenman, Owen Oberman, Patricke Oberman, Sir Cyprian Horsfield, and divers others, to the number of about a hundred families, and tooke and imprisoned them and their wives, and caried them prisoners to Dublin, and there detained them untill they did yeeld up, surrender, or release their respective estates and rights.
And the said Earle in like warlike manner hath during his government of the said kingdome of Ireland subdued divers others of his Majesties subjects ease to his will, and thereby and by the meanes aforesaid, hath levied warre within the said Realme against his Majesty and his liege people of that kingdome.
XVI.
That the said Earle of Strafford the two and twentieth of February, in the seventh yeare of his now Majesties reigne, intending to oppresse the said subjects of Ireland, did make a proposition, and obtained from his Majesty an allowance that no complaint of injustice or oppression done in Ireland, should be received in England against any, unlesse it first appeared that the party made first his [Page 28] addresse to him the said Earle: and the said Earle having by such usurped tyrannicall and exorbitant power, expressed in the former Articles, destroyed the Peeres and other subjects of that Kingdome of Ireland, in their lives, consciences, land, liberties, and estates, the said Earle to the intent the better to maintaine and strengthen his power, and to bring the people into a disaffection of his Majesty, as aforesaid, did use his Majesties name in the execution of his said power. And to prevent the subjects of that Realme of all means of complaints to his Majesty, and of redresse against him and his agents, did issue a Proclamation bearing date the seventeenth day of September, in the eleventh yeare of his Majesties reigne, thereby commanding all the Nobility, undertakers and others, who held estates and offices in the said kingdome (except such as were employed in his Majesties service, or attending in England by his speciall command) to make their personall residence in the said Kingdome of Ireland, and not to depart thence without licence of himselfe. And the said Earle hath since issued other Proclamations to the same purpose, by meanes whereof the subjects of the said Realme are restrained from seeking releefe against the oppressions of the said Earle without his licence: which Proclamation the [Page 29] said Earle hath by severall rigorous wayes, as by fine, imprisonment, and otherwise, put in execution on his Majesties subjects, as namely, one—— Parry, and others, who came over onely to complaine of the exorbitances and oppressions of the said Earle.
XVII.
That the said Earle having by such meanes as aforesaid subverted the government and lawes of the Kingdome of Ireland, did in March in the sixteenth yeare of his Majesties Reigne, in scandall of his Majesty, of all his Kingdomes, and in further execution of his wicked purposes aforesaid, speaking of the Armies in Ireland, declare, that his Majesty was so well pleased with the Army of Ireland, and the consequence thereof, that his Majesty would certainly make the same a patterne for all his three Kingdomes.
XVIII.
That the said Earle of Strafford, for the better effecting of his trayterous designes and wicked purposes, did endeavour to draw dependency upon himselfe of the Papists in both Kingdomes of England and Ireland, and to that end during the time of his government [Page 30] in Ireland, hee restored divers Frieries and Masse-houses (which had beene formerly suppressed by the precedent Deputies of that Kingdome, two of which houses were in the City of Dublin, and had beene 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 Earle did raise an Army in the said Realme of Ireland, consisting of eight thousand foot, all of which, except one thousand or thereabouts, were Papists, and the said one thousand were drawne out of the old army there consisting of two thousand foot, and in their places there were a thousand Papists or thereabouts, put into the said old Army by the said Earle.
And the more to ingage and tye the new Army of Papists to himselfe, and to encourage them, and to discourage and weare out the old Army, the said Earle did so 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 yeare and upwards unpaid.
And the said Earle being appointed a Commissioner within eleven severall Counties in the Northern parts of England, for compounding with Recusants for their forfeitures due to his Majesty, which commission beareth dare the eight day of Iuly in the fifth yeare of his Majesties Reigne that now is, and being also receiver of the composition money thereby arising and of other debts, duties, and penalties for his Majesties use, by Letters Patents, dated the ninth day of the said Iuly: he, to engage the said Recusants to him, did compound with them at lowe and under rates, and provided that they should be discharged of all proceedings against them, in all his Majesties Courts, both temporall and ecclesiasticall, in manifest breach of and contrary to the Lawes and Statutes of this Realme, in that behalfe established.
XIX.
That the said Earle having taxed and levied the said impositions, and raised the said Monopolies, and committed the said oppressions in his Majesties name, and as by his Majesties Royall command, hee the said Earle in May the fifteenth yeare of his [Page 32] Majesties Reigne, did of his owne authority contrive and frame a new and unusuall oath, by the purport whereof among many other things; the party taking the said oath, was to sweare that hee should not protest against any of his Majesties Royall commands, but submit themselves in all obedience thereunto. Which oath he so contrived to enforce the same on the subjects of the Scottish 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, some he grievously fined and imprisoned, and others he destroyed and exiled, and namely, the 10. of October, Anno Dom. 1639. he fined Henry Steward and his wife, who refused to take the said oath five thousand pounds a peece, and their two daughters & Iames Gray three thousand pounds a peece, and imprisoned them for not paying the said fines. The said Henry Stewards wife and daughters & Iames Gray, being the Kings liege people of the Scottish Nation, and divers others he used in the like manner; and the said Earle upon that occasion did declare, that the said oath did not onely obliege them in point of allegiance [Page 33] to his Majesty, and acknowledgement of his Supremacy onely, but to the Ceremonies and government of the Church established, or to be established by his Majesties royall Authority; and said, that the refusers to obey, he would prosecute to the blood.
XX.
That the said Earle in the 15. and 16. yeeres of his Majesties reigne, and divers yeeres past, laboured and endeavoured to beget in his Majesty an ill opinion of his Subjects, namely, those of the Scottish 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 fifteenth yeere of his Majesties reigne; he, the said Earle did labour and endevour to perswade, incite, and provoke his Majesty to an offensive warre against his said subjects of the Scottish Nation: and the said Earle, by his counsell, actions, and endevours, hath beene and is a principall and chiefe incendiary of the warre and discord betweene his Majesty and his Subjects of England, and the said Subjects of Scotland, and hath declared, [Page 34] and advised his Majesty, that the demands made by the Scots in their Parliament were a sufficient cause of warre against them. The said Earle having formerly expressed the height & rancor of his minde towards his subjects of the Scottish Nation, viz. the tenth day of October, in the fifteenth yeere of his Majesties reigne, 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 Master (meaning his Majesty) to send him backe againe, he would root out of the said Kingdome (meaning the Kingdome of Ireland) the Scottish Nation both root and branch. Some Lords, and others who had taken the said oath in the precedent Article onely excepted: and 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 [Page 35] 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 [Page 36] 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, [Page 37] 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 [Page 38] 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 [Page 39] 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 [Page 40] 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, [Page 41] 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 [Page 44] 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 [Page 45] 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.