The Tryal of Thomas, Earl of Strafford, Lord Lieutenant of Ireland, upon an impeachment of high treason by the Commons then assembled in Parliament, in the name of themselves and of all the Commons in England, begun in Westminster-Hall the 22th of March 1640, and continued before judgment was given until the 10th of May, 1641 shewing the form of parliamentary proceedings in an impeachment of treason : to which is added a short account of some other matters of fact transacted in both houses of Parliament, precedent, concomitant, and subsequent to the said tryal : with some special arguments in law relating to a bill of attainder / faithfully collected, and impartially published, without observation or reflection, by John Rushworth of Lincolnes-Inn, Esq.

An Introductive Account of several Passages previ∣ous to the GRAND TRYAL of Thomas Earl of Strafford, who was Impeached by the House of Commons on the 11th of November, 1640. As also of Passages and Proceedings in Parliament from that time unto the 22. of March the same Year, when his Trial first began in Westminster-Hall.

Likewise an Account of Proceedings and remarkable Pas∣sages in both Houses of Parliament, and some material Matters elsewhere Concomitant to the said Trial, du∣ring the time it lasted, which was until the 30th of April, 1641.

Friday, November 6th, 1640.

THe House of Commons having in the first place, according to ancient Custom, setled all their Grand Committees, for Religion, Grievances, Courts of Justice, Trade, and Priviledges; It was moved, That in regard the Complaints of the Kings Subjects in Ireland were many, who had undergone great Oppressions in that King∣dom by Male-Government there, and come to this Parliament for Relief, might be referred to a Committee of the whole House for that purpose only to be appointed. This motion being made by Mr. Pym, and seconded by Sir Iohn Clotworthy, avowing many particulars of the Complaints men∣tioned to be true, it made a Discovery to such as were well-wishers to Thomas Lord Wentworth Earl of Strafford and Lord Lieutenant of Ireland, that this Motion was intended by a side-wind, to accumulate Complaints against him the said Lord Lieutenant, in order to an Accusation; so when the question was put, after long debate, viz. Whether the Irish Affairs should be referred to a Committee of the whole House? The House was divided, Sir Iohn Clotworthy and Sir Henry Mildmay being of Opinion for the Yeas, were appointed Tellers of the number of the Noes; and Sir Ed∣ward Bainton and Sir Richard Luson being of Opinion, not to refer this business of Ireland to a Grand Committee, conceiving it without Presi∣dent, were appointed Tellers of the number of the Yeas, and when they had told all, they came up to the Table, and made this Report to Mr. Speaker, That there were with the Yeas 165, and with the Noes 152, whereupon it was Resolved upon the Question, That the Irish Affairs should be referred to a Grand Committee of the whole House, to meet to morrow in the Afternoon at Two of the Clock in the House, and after∣wards every Thursday at the same hour and place: And this Committee is Ordered to have the like Power as the other Grand Committees of the whole House have.

This Vote being carried for a Grand Committee as to Irish Affairs, a Cabal of Friends to the Earl of Strafford sent down post unto him into York-shire to acquaint him, that they apprehended a Design against him

in the making of this Committee, and left it to his own Election, whether he would stay still on the Head of his Army, or come up to the Parliament. But if he did incline to come up, that he would, at his first appearance, Impeach some Members of both Houses (if he had Evidence for the same) of being privy to the bringing the Scotch Army into this Kingdom, and told him, It was his wisdom to begin first, and not to be first Impeached, as the Earl of Bristol was by the great Duke of Buckingham. The said Earl, upon the receipt of this Advertisement, suddenly resolved to come up and abide the Test of Parliament. But his Friends, then with him in the North, told him, That his frank appearance would make Polit••ans doubt, whe∣ther he did thereby assume his Judgment and wonted Prudence, to go thus from his Army to the Parliament, where his Wisdom could not but know, that the Scots and Scotizing-English had resolved his destruction, and therefore (said they) unto him, It were better to keep under the safe-guard of the English Army, at his Command, (from which he had acquired some affection) or retire to the Army in Ireland, then being also at his Devotion, or take Sanctuary in some Forreign Parts, till fair wea∣ther might invite him home, neither (said they) would Discretion Vote it a betraying of his Innocency to decline a Trial, whereby the means of Factions raised in England and Scotland by his malicious Prosecutors, and backed with Power, his Innocency could not protect him. They further told him, that if Sentence should pass against him for Non-appearance, yet he had kept his freedom till better times, when he might have occasion to do His Master better Service abroad, than in Council at White-hall.

But the said Earl conceiving he had got good Evidence in the North, that the Scots came in by Invitation and Confederacy, between the Heads of the Covenanters and some of the English Members of both Houses, and having digested such his Intelligence almost into the form of an Impeachment, he posted up with the same, intending to present it to the House of Peers, as soon as he arrived there. But on Wednesday, Nov. 11th the House of Commons being acquainted by a Member, that there was a business of great weight to be imparted, desired the House that the Lobby without might be first cleared, and the Key of the House brought up to the Table, which was done accordingly; and as the House had entred into debate about the Earl of Strafford, there came a Message from the Lords by the Lord Chief Justice Bramstom, and Judge Foster, That the King had commanded the Lords Commissioners, who were ap∣pointed to Treat with the Scots Commissioners at Rippon, to give an Account to both Houses of Parliament of that which passed there and at York, and thereupon the Lords desire there may be a meeting, by a Committee of both Houses this Afternoon in the Painted-Chamber at Three of the Clock, if the occasions of this House will give leave.

At this time many Members of the House conceived this Message was now sent, to get Intelligence, what private debate was in hand; The House of Commons returned this Answer by the same Messengers, That at this time they were in Agitation of very Weighty and Important Affairs, and therefore they do doubt they shall not be ready, to give them a meeting this Afternoon, as the Lords desire, but as soon as they may, they will send an Answer by Messengers of their own.

After the Messengers were withdrawn, the House proceeded in the De∣bate they were in before, and appointed a Committee to prepare matter upon the said Debate, for a Conference with the Lords, concerning the 〈◊〉〈◊〉 of 〈◊〉〈◊〉, and named seven Members, viz.

• ...

• ... Mr. Pym,
• Mr. Stroud,
• Mr. St. Iohn,
• Lord Digby,
• Sir Iohn Clotworthy,
• Sir Walter Earle, and
• Mr. Hampden.

Which select Committee retired immediately into the Committee-Chamber, to prepare Matter of a Conference to be prayed with the Lords, and a Charge against the Earl of Strafford.

The said Committee presently returned to the House, and reported the * 1.1 Matter to them referred; Whereupon it was Resolved upon the Question, That a Message be sent from this House to the Lords, in the Name of this House, and of all the Commons of England, to accuse Thomas Lord Wentworth, Earl of Strafford, Lord Lieutenant of Ireland, of High Treason, and to desire that he may be Sequestred from Parliament, and be Committed to Prison; and that within some convenient time this House will resort to their Lordships with particular Accusations and Articles against him.

Mr. Pym went up with this Message to the Lords, and at his Return made this Report to the House.

That he had Repaired to the Lords, and there, in the Name of this * 1.2 House, and of all the Commons of England, did Accuse the said Earl of Strafford of High Treason, and that he had also delivered the other Particulars he had in Charge. Their Lordships Answer was, That they do desire to take this weighty Matter into their serious Consideration, and will speedily send an Answer by Messengers of their own.

Afterwards Mr. Pym was sent up to the Lords, with a Message that some fit course be taken, that there may be free Passage between England and Ireland, notwithstanding any Restraint made there to the con∣trary.

The same day came a Message from the Lords by the two Chief Ju∣stices, * 1.3 That the Lords have taken into serious Consideration, the Accu∣sation sent from this House against the Earl of Strafford, and have Sequestred him from the House, and have Committed him in safe Custody to the Messenger of their House, and they will move his Majesty, that the Passage from Ireland into England may be open, notwithstanding any Restraint made there to the contrary.

The Message delivered by Mr. Pym was in manner following:

My Lords, The Knights, Citizens and Burgesses now Assembled in the Commons House of Parliament, have received Information of divers Trai∣terous Designs and Practices of a great Peer of this House, and by vertue of a Command from them, I do here in the Name of the Commons now Assembled in Parliament, and in the Name of all the Commons of England, Accuse Thomas Earl of Strafford, Lord Lieutenant of Ireland, of High Treason: And they have Commanded me further to desire your Lord∣ships, that he may be Sequestred from the Parliament, and forthwith committed to Prison. They further Commanded me to let you know, that they will within a very few days resort to your Lordships with the particular Articles and Grounds of this Accusation.

The Earl being required to withdraw, it was debated by the Peers, Whether he should be Imprisoned on a general Accusation, without any particular act of Treason charged against him or not? But upon the que∣stion it was carried in the Affirmative, and he being called in, kneeled at the Bar; and after standing up, the Lord-Keeper spake to him as followeth:

My Lord of Strafford, The House of Commons, in their own Name, * 1.4 and in the Name of the whole Commons of England, have this day Ac∣cused your Lordship to the Lords of the Higher House of Parliament of High Treason, the Articles they will in a few days produce; in the mean time they have desired of my Lords, and my Lords have accordingly Re∣solved, That your Lordship shall be committed into safe Custody to the Gentleman-Usher, and be Sequestred from the House, till your Lordship shall clear your self of the Accusations that shall be laid against you. And thereupon he was immediately taken into Custody by Iames Maxwell, Usher of the Black Rod.

Thursday, Novemb. 12th, 1640.

A Message came from the Lords by the Lord Chief Justice Littleton, * 1.5 and the Lord Chief Baron Davenport:

That the Lords have Commanded Us to let You know, that in pursuit of your desire Yesterday, to have the Ports open between Ireland and * 1.6 England, some of the Lords had moved His Majesty in it, and it shall be done speedily and effectually.

This day the House fell into serious Debate concerning Sir George Rat∣cliff, an Intimate of the Lord Lieutenants of Ireland, in whom he re∣posed great Trust and Confidence, and by the discourse was as if he were guilty of High Treason, in endeavouring to subvert the Fundamental Laws, and that he did joyn with the Earl to bring in an Army from Ireland into this Kingdom, and had joined with the said Earl to use Regal Power, and to deprive the Subjects of this Kingdom of their Liberties. It was moved, that he might be sent for over; as also for Sir Robert King, who is a material Witness against the Earl of Strafford. But for as much as they were Members of the Parliament then sitting in Ireland, it was referred to a Committee, viz.

• Mr. St. Iohns,
• Mr. Selden, * 1.7
• Mr. Ieofrey Palmer,
• Mr. Solicitor,
• Mr. Maynard,
• Mr. Grimston,
• Mr. Chadwell.

Which Committee had Power to consider what was fit to be done in sending for Sir George Ratcliff, and Sir Robert King, in regard they are Members of the said Parliament now sitting in Ireland, and to present it to the Consideration of this House, and are to meet to morrow Morning at Seven of the Clock in the Committee-Chamber.

Ordered, Mr. Speaker be intreated to be here this Afternoon, to sit * 1.8 by, at the Great Committee for Irish Affairs, and if there be Cause, to re∣sume the House.

And accordingly the Grand Committee of the whole House sate this Afternoon upon the Irish Affairs, and the Speaker sate by, according to Order. There came word that the Lords were come, and expected the * 1.9 Committee of this House at the Conference; concerning the Proceedings at the great Council at York. Mr. Speaker assumed the Chair, and it was moved, That the Committees that sate in other places, might be sent for to attend the Conference; that those Gentlemen might be sent for by the Mace that were gone before to the Conference.

The House rose, and the Committee went up to meet the Committee of the Lords at the Conference; and Mr. Speaker adjourned the House, and went home.

Friday, Novemb. 13th, 1640.

Ordered, that the Committee for preparing the Charge against the Lord * 1.10 Lieutenant, being now Sine die, meet this Afternoon at Four of the Clock in the Treasury-Chamber, which Committee has Power to receive all such Petitions and Papers, as may conduce to the business, and have like∣wise Power to send for Records, Papers, Parties, and Witnesses, or any other thing that they shall think may conduce to the perfecting that Charge.

The King's Solicitor Reported from the Committee appointed to con∣sider of the manner of sending for Sir George Ratcliff and Sir Robert King, being, as is inform'd, Members of the Parliament in Ireland.

That the Committee were of Opinion, That it is better to examine this Matter, according to the Rules and Foundations of this House, than to rest upon scattered Instances: They distinguished between the Case of Sir George Ratcliff and Sir Robert King thus, We find an Information given (which if it be true) of High Treason against Sir George Ratcliff, then there is no doubt, but in Case of High Treason, Priviledge of Par∣liament neither here nor there doth reach to protect him, but that Sir George Ratcliff may be sent for, though a Member in Parliament there; this was the Opinion of the Committee.

For the other, Sir Robert King, the Case did differ, for to send for him to testifie in any Case, were of dangerous Consequence; or to send for him to testifie in the Kings Bench in Case of Treason, where the Court doth ordinarily sit; but this Case differs between sending for a Member of Parliament to give Evidence in any ordinary thing, or in any ordinary Court, for the Parliament is a Court that doth not ordi∣narily sit, a Court of the great Affairs of the Kingdom; therefore to be sent for hither to this High Court, and to testifie in a Case of the highest Nature, in case of Treason informed of against Sir George Ratcliff, We did conceive it to be no breach of Priviledge of Parliament that he should be sent for, and if the House require of us our Opinions concern∣ing the manner of sending for him, we shall tell you what we conceive of it.

Which Report being made, It was Resolved upon the Question: * 1.11

That Sir George Ratcliff shall be forthwith sent for, to answer the Information that is Charged against him here of High Treason.

Resolved upon the Question, That Sir Robert King shall forthwith be sent for hither, as a Witness to testifie in case of High Treason.

Mr. Solicitor likewise offered, from the Committee, to the Considera∣tion of the House, two Orders, which were read, in haec verba, and by Vote Ordered accordingly, viz.

It is Ordered by this House upon the Question, That Sir George Ratcliff being, as is informed, a Member of the Parliament in Ireland, because * 1.12 there is an Information in this House of High Treason against him, shall be forthwith sent for, and brought hither in safe Custody, no Priviledge of Parliament extending to this Case.

Ordered two Messengers to be sent with these Orders, and each Messen∣ger to have Copies of both the Orders.

It was likewise Offered from the Committee, That the Honourable Persons, near the Chair, would beseech His Majesty, that He would be * 1.13 pleased to give such Directions, as in His Wisdom He shall think fit for the more Expeditious sending for these Parties. Mr. Treasurer delivered this Message to His Majesty.

Saturday, November 14th, 1640.

Mr. Treasurer after he had read out of a Paper, the Message which Yester∣day the House desired him to deliver to His Majesty: Declared, that he * 1.14 had acquainted the King therewith, who, this morning, hath given Or∣der to Mr. Secretary Windebank, who deals for the Affairs into Ireland, to make instant Dispatch to the Deputy there, that all Expedition be done according to the Message. Secondly, Concerning the three Letters desired by my Lord Mountnorris; they were procured by Mr. Secretary Cook, who was imployed about the Affairs for Ireland at that time, that he is now in the Country in Darbyshire; His Majesty will take some time to be informed in this, and no time shall be lost, and there shall be an Account given.

Wednesday, November 18th, 1640.

Ordered that no Member of this House shall visit the Earl of * 1.15 Strafford, during the time of his Restraint, without Licence first obtained from the House.

Ordered a Message be sent to the Lords, to desire them, that they would please to appoint a Committee of a very few, that in the presence * 1.16 of some of this House might take such Depositions, and examine such Witnesses as they should name upon Interrogatories and Questions, as shall be presented to them by Order of this House concerning the Earl of Strafford, and the Interrogatories, Testimonies, and Witnesses to be kept private, until the Charge be made full and perfect.

Ordered that Mr. Pym go up with this Message, accompanied with so many as shall be pleased to go.

Then the House fell into Debate, concerning those Lords who peti∣tioned the King for a Parliament to be called: Whereupon it was Resol∣ved * 1.17 upon the Question, That those Lords which were Petitioners to His Majesty at York; in their Petition, a Copy whereof was here now read, have done nothing but what was Legal, Just, and Expedient for the good of the King and Kingdom, and is now approved by the whole body of the Commons.

Resolved upon the Question, That the Copy of the Petition now read, * 1.18 and formerly preferred by the Lords to His Majesty at York, shall be here Entred.

Thursday, November 19th, 1640.

It is Ordered, That if occasion shall be for the examination of any * 1.19 Members of this House in the business concerning the Earl of Strafford, they shall be ready upon Notice, to be examined upon Oath. It is like∣wise Ordered, That upon the Message to be sent from this House, the Lords be desired to make the like Order for the Members and Assistants of their House, and to desire their Lordships, that if occasion be, that any Privy-Counsellors be produced as Witnesses, they will take such course as in their Judgments they shall think fit, that they may be exa∣mined.

This Message to be sent to morrow morning, by the Messengers formerly sent.

• Mr. St. Iohns,
• Mr. Palmer,
• Mr. Glimer,
• Mr. Selden,
• Mr. Grimstone,
• Mr. Maynard, * 1.20
• Sir Simond D'ewes,
• Mr. Whstiler,
• Mr. Thomas Widerington,
• ...Mr. Sollicitor.

This Select Committee, or any two of them, are appointed to search the Record of Attainder in the Kings Bench, in such manner, and at such time, as they shall think fit, for the furtherance of the Charge in hand against the Earl of Strafford.

Friday, November 20th, 1640.

Mr. Whistler Reported from the Committee for Irish Affairs, That * 1.21 he is required, by the Committee, to Report to the House the Affairs of that Kingdom, as they were set forth in a Remonstrance, made by the House of Commons in this present Parliament in Ireland, wherein it appeared that Trading was destroyed, Industry disheartned, new and unlawful Impositions were Imposed, the Arbitrary Determinations of all Causes for Goods, Land and Possessions, by Petitions, and Act at Council-Table where no Writ of Error can lie, and the King loseth a Fine upon the Original Writ thereby: That His Majesties Gracious Inclination for the good of that Kingdom is kept from them: That there is a Monopoly of the sole Trade of Tobacco, of more gain to the Parties interessed therein, than the King's whole Revenue in Ireland. The destroying of the Plantation of London-Derry; The Exorbitant Power of the High Com∣mission, which cryeth loud in all the three Kingdoms: The Proclamation forbidding any to depart thence for England without Licence, and pay dear for it: The many Subsidies given, and Monies raised for the King, and still he is in Debt, and therefore demands an account of His Trea∣sure, and desires present Redress, or Access to His Majesty.

A Copy of the Remonstrance was delivered in, under the Hand of the Clerk of the Parliament there, and was read, and shall be entred, if so Ordered.

That the Secretaries there, Mr. Slingsby and Mr. Little, be required to * 1.22 send hither the Book of Entries of the several Petitions presented to the late Lord Deputy, now Lord Lieutenant of Ireland, and the several Or∣ders and Proceedings thereupon made.

That Mr. Little the younger and Mr. Carpenter, who have the Mono∣poly for Tobacco, be required to send hither those Warrants by which * 1.23 they demand, and have laid those Taxes upon Tobacco.

That the several Affairs of the Custom-House and Ports, (viz.) Dublin, Kingsale, Yowhall, Waterford, Corke, Galloway, Carrick-Fergus, and Bangor * 1.24 be required to send hither their Books of Entries, whereby the Impositions laid upon several Commodities, may appear; there were several Warrants issued forth according to this Order, and sent away.

Post Merid.

The Articles offered by a Member of this House against the Earl of Strafford are referred to the Committee, that are to draw up the Charge against the said Earl, which being Reported, were as followeth:

Articles of the Commons assembled in Parliament against Thomas Earl of Strafford, in maintenance of his Accusation, whereby he stands Charged of High Treason.

1. That he the said Thomas, Earl of Strafford, hath traiterously endea∣voured * 1.25 to subvert the Fundamental Laws and Government of the Realms of England and Ireland, and in stead thereof, to introduce an Arbitrary and Tyrannical Government against Law, which he hath declared by traiterous words, Counsels, and Actions, and by giving His Majesty Ad∣vice, by force of Arms, to compel his Loyal Subjects to submit there∣unto.

2. That he hath traiterously assumed to himself Regal 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 Peers and others of His Majesties Liege People.

3. That the better to inrich and inable himself to go through with his traiterous Designs; he hath detained a great part of His Majesties Reve∣nue, without giving Legal account; and hath taken great Sums out of the Exchequer, converting them to his own Use, when His Majesty wanted Money for His own urgent Occasions, and His Army had been a long time unpaid.

4. That he hath traiterously abused the Power and Authority of his Government, to the encreasing, countenancing, and encouraging of Papists, that so he might settle a mutual Dependance and Confidence betwixt himself and that Party, and by their help prosecute and accomplish his malicious and tyrannical Designs.

5. That he hath maliciously endeavoured to stir up Enmity and Hosti∣lity between His Majesties Subjects of England, and those of Scotland.

6. That he hath traiterously broke the great Trust reposed in him by His Majesty, of Lieutenant-General of His Army, by wilful betraying divers of His Majesties Subjects to death, his Army to a dishonourable Defeat by the Scots at Newborne, and the Town of New-Castle into their hands, to the end, that by the effusion of blood, by dishonour, and so great a loss as that of New-Castle, His Majesties Realm of England might be en∣gaged in a National and irreconcilable Quarrel with the Scots.

7. That to preserve himself from being questioned for those and other his traiterous Courses, he laboured to subvert the Right of Parliaments, and the ancient course of Parliamentary Proceedings, and by false and malicious Slanders, to incense His Majesty against Parliaments. By which Words, Counsels, and Actions, he hath traiterously, and contrary to his Allegiance, laboured to alienate the Hearts of the King's Liege People from His Majesty, to set a Division between them, and to ruine and de∣stroy His Majesties Kingdoms, for which they Impeach him of High Treason against our Soveraign Lord the King, His Crown and Dignity.

8. And he the said Earl of Strafford was Lord-Deputy of Ireland, and Lieutenant-General of the Army there, viz. His most Excellent Majesty, for His Kingdoms both of England and Ireland, and the 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 all His Majesties Army in the North parts of England, during the time that the Crimes and Offences in the fifth and sixth Articles set forth were done and committed.

9. That the said Commons by Protestations, saving to themselves the liberty of Exhibiting at any time hereafter any other Accusation or Im∣peachment against the said Earl; and also of replying to the Answers that he the said Earl shall make unto the said Articles, or to any of them, and of offering Proofs; 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, do pray that the said Earl may be put to Answer for all and every of the Pre∣misses, that such Proceedings, Examinations, Trials and Judgments may be upon every of them, had and used as is agreeable to Law and Justice.

Tuesday, November 24th, 1640.

These Articles thus Resolved upon by Question, were by another Que∣stion * 1.26 Ordered to be engrossed against to morrow Morning, and no Copies to be delivered of them in the Interim; and the same Committee that prepared the Charge is to draw up the Interrogatories, and Mr. Pym is to go up to the Lords with the Charge.

Wednesday, November 25th, 1640.

Lord Digby went up with this Message to the Lords:

That this House desires a Conference with their Lordships, by a Com∣mittee * 1.27 of both Houses, concerning the Articles to be Exhibited against the Earl of Strafford.

Lord Digby brings Answer, That their Lordships have Considered the Message, and desire to meet a Committee of that House, with a Com∣mittee of theirs, presently in the Painted-Chamber.

The ingrossed Articles were again openly read in the House, and * 1.28 agreed to be sent up to the Lords by Mr. Pym, by a Vote upon the Question.

Mr. Pym before he went, made a short Declaration of the substance of * 1.29 that he intended to deliver unto the Lords, both before and after the deli∣very of the Articles.

Mr. Pym's Report of the Conference with the Lords, in delivering up the Articles against the Earl of Strafford, that he attended the great Com∣mittee * 1.30 of this House, and, in their presence, delivered to the Committee of the Lords House the Charge against the Earl of Strafford, and if any thing passed him through weakness, or disability, he desires the excuse of this House.

It was moved, that Mr. Pym might have Thanks for his well delivery * 1.31 of the Charge against the Earl of Strafford.

Friday, November 27th, 1640.

A Message from the Lords by Justice Littleton and Justice Bartley. * 1.32

The Lords desire a Conference by a Committee of thirty of their House, with a proportionable number of this House, concerning the Message that was brought unto them by Mr. Pym, touching the Examination of their Members, in the Accusation of the Earl of Strafford, and desire a free Conference touching the last Point of that Message, that some of the Members of this House should be present at the Examination, and they desire it this morning in the Painted-Chamber, if it may stand with the conveniency of this House.

Answer returned by the same Messenger, That this House has taken into Consideration their Lordships Message, and will in Convenient time * 1.33 return Answer by Messengers of their own.

Saturday, November 28th, 1640.

Mr. Whistler Reports from the Grand Committee for Irish Affairs, that * 1.34 there are many Petitions, and full of matter of Complaints of the pro∣ceedings in Ireland, and Suitors here for Justice. There are many Petitioners here whose Estates are so exhausted, that they are scarce able to bring Witnesses from Ireland hither; many great Persons of Qua∣lity and Trust are in Ireland, material Witnesses to be examined, as the Master of the Rolls, the Lord Chancellor, and others; these can hardly be spared, to come hither, to give their Testimony. The Committee desires the Advice of the House in this particular (which without their Judgments cannot be determined) to think of some way how these Par∣ties might have their Testimony taken, and the Truth might be known, and Justice done. This whole matter thus Reported from the Com∣mittee for Irish Affairs, is recommitted to the same Committee again to consider of it, and to draw those things that are to be inquired of under apt Heads, and so present them to the judgment of this House to proceed accordingly.

• Mr. Maynard,
• Mr. St. Iohns,
• Mr. Hide,
• Mr. Whistler,
• Mr. Ieofrey Palmer,
• Mr. Glyn,
• Mr. Sollicitor.

This Committee is to Collect and Offer to this House, Reasons for this House to make use of, and insist upon, in maintainance of that Point of the Message of this House to the Lords, which desires the presence of some of the Members of this House, at the Examination of such Witnesses, as shall be Proposed by this House in the Accusation of the Earl of Strafford.

To the Right Honourable the Lord-Deputy.

The Humble and just Remonstrance of the Knights, Citizens, and Burgesses of the Parliament assembled.

SHEWING,

THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England, it was, and is a Principal Study, and Princely Care of His Majesty, and His Noble Progenitors, Kings and Queens of England and Ireland, to the vast Expence of Treasure and Blood; that their Loyal and Dutiful people of this Land of Ireland, being now, for the most part, derived from British Ancestors, should be Governed according to the Municipal and Fundamental Laws of England, that the Statute of Magna Charta, or the Great Charter of the Liberties of England, and other Laudable Laws and Statutes, were in several Parliaments here Enacted and Declared, That by the means thereof, and of the most Prudent and Benign Government of His Majesty, and His Royal Progenitors, this Kingdom was, until of late, in its growth a Flourishing Estate, whereby the said people were heretofore enabled, to answer their humble and natural desires, to comply with His Majesties Princely and Royal Occasions, by their free Gift of 150 Thousand Pounds Sterling; and likewise by another free Gift of 120 Thousand Pounds more, during the Government of the Lord Viscount Faulkland, and after by the Gift of 40 Thousand Pounds; and their free and chearful Gift of Six intire Sub∣sidies in the 10th Year of His Majesties Reign, which, to comply with His Majesties then Occasions, signified to the then House of Commons, They did allow should amount, in the Collections, unto 250 Thousand Pounds (although, as they confidently believe) if the Subsidies had been levied in a moderate Parliamentary way, they would not have amounted to much more than half the Sum aforesaid, besides the four intire Susidies granted in this present Parliament. So it is, May it please Your Lordship, by the occasion of the insuing, and other Grievances and Innovations (though to His Majesty no considerable Profit) this Kingdom is reduced to that extream and universal Poverty, that the same is less able to pay Subsidies than it was heretofore, to satisfie all the before recited great Payments: And His Majesties most Faithful people of the Land do con∣ceive great fears, that the said Grievances and Consequences thereof, may be hereafter drawn into Presidents, to be perpetuated upon their Poste∣rity, which in their great Hopes, and strong Beliefs, they are perswaded is contrary to His Royal and Princely intention towards His said people; some of which said Grievances are as followeth:

1. The general apparent decay of Trades, occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native, and other Commodities, Exported and Imported, by reason whereof, and of extream Usage and Censures, Merchants are beggered, and both disinabled and discouraged to Trade, and some of the honourable Persons who gain thereby, are often Judges and Parties, and that in the conclusion His Ma∣jesties Profit thereby is not considerably advanced.

2. The Arbitrary decision of all civil Causes and Controversies, by paper Petitions, before the Lord Lieutenant and Lord Deputy, and

infinite other Judicatories upon reference from them, derived in the na∣ture of all Actions determinable at the Common Law, not limitted into certain time, cause, season, or thing whatsoever: And the consequences of such proceedings, by receiving immoderate and unlawful Fees, by Secre∣taries, Clerks, Pursevants, Serjeants at Arms, and otherwise, by which kind of proceedings His Majesty loseth a considerable part of his Revenue upon Original Writs, and otherwise; and the Subject loseth the benefit of his Writ of Error, Bill of Reversal, Vouchers, and other legal and just Advantages, and the ordinary Course and Courts of Justice de∣clined.

3. The proceedings in civil Causes at Council-Board, contrary to the Law and great Charter, not limited to any certain time or season.

4. That the Subject is, in all the material parts thereof, denied the be∣nefit of the Princely Graces, and more especially of the Statute of Limi∣tations of 21 of Iac. granted by His Majesty in the Fourth Year of His Reign, upon great Advice of the Councils of England and Ireland, and for great Consideration, and then published in all the Courts of Dublin, and in all the Counties of this Kingdom, in open Assizes, whereby all Persons do take notice, That contrary to His Majesties Pious Intentions, His Subjects of this Land have not enjoyed the benefit of His Majesties Princely Promise thereby made.

5. The extrajudicial avoiding of Letters Patents of Estates, of a very great part of His Majesties Subjects, under the Great Seal (the Publick Faith of the Kingdom) by private Opinions, delivered at the Council-Board, without Legal Evictions of their Estates, contrary to Law, and without President or Example of any former Age.

6. The Proclamation for the sole emption and uttering of Tobacco, which is bought at very low Rates, and uttered at high and excessive Rates, by means whereof thousands of Families within this Kingdom, and of His Majesties Subjects in several Islands, and other parts of the West-Indies (as your Petitioners are informed) are destroyed; and the most part of the Coin of this Kingdom is ingrossed into particular Hands, in∣somuch that your Petitioners do conceive that the Profit arising and in∣grossed thereby, doth surmount His Majesties Revenue, certain or casual, within this Kingdom, and yet his Majesty receiveth but very little profit by the same.

7. The universal and unlawful encreasing of Monopolies, to the advan∣tage of a few, the disprofit of His Majesty, and impoverishment of His people.

8. And the extream cruel Usage of certain late Commissioners, and other Stewards of the British Farmers and Inhabitants of the City and County of London-Derry, by means whereof the worthy Plantation of that Country is almost destroyed, and the Inhabitants are reduced to great Poverty, and many of them forced to forsake the Country, the same being the first and most useful Plantation in the large Province of Ulster, to the great weakning of the Kingdom in this time of danger; the said Plantation being the principal Strength of those parts.

9. The late Erection of the Court of High Commission, for Causes Ecclesiastical, in these necessitous Times; the proceedings of the said Court, in many Causes without legal Warrant, and yet so supported as Prohibitions have not been obtained, though legally sought for: And the excessive Fees exacted by the Ministers thereof, and the encroaching

of the same upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom.

10. The exorbitant Fees, and pretended Customs, exacted by the Clergy against the Law, some of which have been formerly represented to your Lordship.

11. The Petitioners do most heartily bemoan, that His Majesties Ser∣vice and Profit are much more impaired than advanced by the Grievances aforesaid; and the Subsidies granted in the last Parliament, having much encreased His Majesties Revenue by the buying of Grants, and otherwise: And that all His Majesties Debts then due in this Kingdom, were satisfied out of the said Subsidies; and yet His Majesty is of late (as the Petition∣ers have been informed in the House of Commons) become indebted in this Kingdom in great Sums. And they do therefore humbly beseech, That an exact Account may be sent to His Majesty, how and in what manner His Treasure is issued.

12. The Petitioners do humbly conceive just and great fears, at a Pro∣clamation published in this Kingdom, in Anno Domini 1635. prohibiting men of Quality or Estates to depart this Kingdom into England, without the Lord-Deputies Licence, whereby the Subjects of this Kingdom are hindred and interrupted from free access, to address to His Sacred Majesty, and Privy-Council of England, to declare their just Grievances, or to obtain Remedies for them in such sort, as their Ancestors have done in all Ages since the Reign of King Henry the Second, and great Fees exacted for every of the said Licences.

13. That of late His Majesties Attorney-General hath exhibited In∣formations against many ancient Burroughs of this Kingdom, into His Majesties Court of Exchequer, to shew cause by what Warrant the said Burgesses (who heretofore sent Burgesses to Parliament) should send the Burgesses to the Parliament, and thereupon, for want of an Answer, the said Priviledges of sending Burgesses was seized by the said Court, which Proceedings were altogether Coram non Iudice, and contrary to the Laws and Priviledges of the House of Parliament, (and if way should be given thereunto) would tend to the Subversion of Parliaments, and by Conse∣quence to the Ruine and Destruction of the Common Wealth.

And that the House of Commons hath hitherto, in this present Parlia∣ment, been deprived of the Advice and Counsel of many profitable and good Members by means thereof.

14. By the Powerfulness of some Ministers of State in this Kingdom, the Parliament in its Members, and Actions, hath not its natural Freedom.

15. And lastly, That the Gentry and Merchants, and other His Ma∣jesties Subjects of this Kingdom, are of late by the Grievances and Pressures before said, and other the like, brought very near to Ruine and De∣struction: And the Farmers of Customs, Customers, Waiters, Searchers, Clerks of Unwarrantable Proceedings, Pursevants, and Goalers, and sun∣dry others, very much enriched, whereby, and by the slow Redress of the Petitioners Grievances, His Majesties most Faithful and Dutiful Peo∣ple of this Kingdom do conceive great fears, that their readiness approved upon all occasions, hath not been of late rightly represented to His Sacred Majesty: For remedy whereof, the said Petitioners do humbly, and of right, beseech your Lordships, That the said Grievances and Pressures may be speedily Redressed; and if your Lordship shall not think fit to afford present Relief, that your Lordship might admit a Select Committee

of this House, of Persons uninteressed in the benefit arising of the afore∣said Grievances, to be Licenced by your Lordship, to repair to His Sacred Majesty in England, for to pursue the same, and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions; and upon all just and honourable Occasions, they will, without respect of particular Interest or Profit to be raised thereby, most humbly and readily in Par∣liament extend their utmost endeavour to serve His Majesty, and comply with His Royal and Princely Occasions, and shall pray, &c.

Monday, November 30th, 1640.

• Sir Thomas Roe,
• Mr. Pym, * 1.35
• Mr. Strode,
• Mr. St. Iohns,
• Mr. Grimston,
• Lord Digby,
• Sir Iohn Clotworthy,
• Sir Walter Earle,
• Mr. Hampden,
• Mr. Maynard,
• Mr. Hyde,
• Mr. Whistler,
• Mr. Palmer,
• Mr. Glyn,
• Mr. Solicitor,
• Mr. Selden,
• My Lord Dungarvan,
• Sir Francis Seymor,
• Sir Hugh Cholmely,
• Lord Wenman,
• Sir Io. Evelyn,
• Sir Benjamin Rudyard,
• Sir Iames Thynn,
• Sir Iohn Culpepper,
• Sir Iohn Strangwaies,
• Sir Symon D'Ewes,
• Mr. George Vane,
• Lord Cramborne,
• Lord Compton,
• Mr. Bellassis,
• Mr. Kirton,
• Sir Thomas Hutchison,
• Sir William Bowyer,
• Sir Iames Smith,
• Sir Arthur Ingram,
• Lord Russell,
• Lord Ruthin,
• Mr. Comisby,
• Mr. Noel,
• Sir Thomas Bowyer,
• Mr. Cecill,
• Lord Fairfax,
• Sir Thomas Widdrington,
• Sir Peter Hayman,
• Sir Iohn Holland,
• Mr. Iames Fynes,
• Sir Robert Crane,
• Sir Iohn Corbet,
• Mr. Io. Alford,
• Sir Roger North,
• Sir Edmond Mountford,
• Mr. Whitlocke,
• Mr. Mountagne,
• Lord Faulkland,
• Sir Peter Stapleton,
• Sir Henry Mildmay,
• Lord Herbert,
• Sir Richard Wynn,
• Sir Edward Rodney,
• Sir Ralph Hopton,

This Committee is to meet with the Committee of 30 of the Lords, concerning a Message sent hither on Friday last from their Lordships, touching a Message sent formerly from this House to them by Mr. Pym, for the Examination of their Members, in the Accusation of the Earl of Strafford, and touching a free Conference upon the last Point of that Message, that some of the Members of this House should be present at the Examination of Witnesses, to be propounded by this House, to be exa∣mined in the Accusation of the Earl of Strafford.

The Petition of several of the Knights, Citizens, and Burgesses of the * 1.36 Commons House of Parliament in Ireland, whose Names are underwritten, directed to the whole House of Commons in England read.

The Humble Petition of the Knights, Citizens, and Burgesses of the Commons House of Parliament in Ireland, whose Names are underwritten: To the King's most Excellent Majesty read.

The two Gentlemen, Mr. Io. Bellewe and Mr. Oliver Castle, who brought over those Petitions were called in, and demanded by Mr. Speaker several Questions.

These Gentlemen were again called in, and Mr. Speaker told them:

This House has taken into Consideration your Petition, and in due time you shall know the Pleasure of this House.

Ordered, That the Lieutenant of the Tower be required from this * 1.37 House, that he do not suffer Sir George Ratcliff to speak with the Earl of Strafford, a Prisoner there, until further Order be given from this House, nor suffer any Message or Letter to be sent from Sir George Ratcliff unto him; or if any such be, to give Notice of it to this House, Sir George Rat∣cliff being already sent for, by Order of this House, upon an Information of High Treason.

Resolved upon the Question, That the Earl of Craford's Troop, and * 1.38 those other Officers in the Army, that go under the Name of Reformadoes are unnecessary Charge, and fit to be spared; and that my Lord General be moved by Message from this House thereunto.

Resolved, That those Companies, or other Officers, that shall be thus Casheer'd by the Lord General, shall be paid to the Eighth of December next.

Tuesday, December 1. 1640. A Message from the Lords by Baron Trevor and Iudge Bartley.

The Lords have sent Us to this House, to desire a present Conference * 1.39 in the Painted Chamber, with the same Committee that was concerning the matter of the free Conference Yesterday.

Answer returned by the same Messengers.

This House has taken into Consideration the Message of the Lords, and they return this Answer, That they will give a meeting presently, as is desired.

Mr. Pym Reports from the Conference this day, That the Lords Com∣mittee, with whom we had a free Conference Yesterday, took the Matter into Consideration, and their Resolution is:

That such Members of the House of Commons, as they shall make * 1.40 choice of, shall be present from time to time at the preparatory Exami∣nations concerning the Earl of Strafford.

The Lord Keeper expected we should say something. We told them, We had no Warrant; for a Conference was desired concerning the matter of free Conference, and that a free Conference was not desired; the Question they would have been satisfied in, was, Whether we did intend to have the Examinations taken publick in the House, or by a private Committee? I answered, We had no Commission for a free Con∣ference.

The same Committee that were appointed to draw up the Charge against the Earl of Strafford, are to be present at the Preparatory Examinations

of Witnesses before the Lords, to present such Questions unto the Lords as they shall think fit thereupon; and after a full Examination, to present the whole state of the business to this House.

A Message to be sent to the Lords, to acquaint them that the House is ready, by some Members of this House, to present divers Witnesses to be * 1.41 examined, and such questions as they shall desire that those Witnesses so propounded by them may be all examined one after another, with speed and secresie.

Thursday morning is peremptorily appointed for Sir George Ratcliff to appear here, and if he come not then, a Message is to be sent to the * 1.42 Lords, to desire them to move His Majesty for a Proclamation to be or∣dered against him, to bring him in.

Power is given to the Committee that is to be present at the prepara∣tory Examination of Witnesses before the Lords, to summon such Wit∣nesses to be examined to morrow as they shall think fit.

Mr. Maynard's Report from the Conference Yesterday.

The Lords said, They had taken the Message into Consideration sent * 1.43 by Mr. Pym, some things were Resolved, others not, and for that purpose desired a free Conference; whereas we did desire to examine some Mem∣bers of this House, they were ready to examine them when we should require. They answered, That the Peers of their House that shall be desired, and all the Assistants of that House, when they shall be there∣unto required, shall be examined upon Oath; and next for the time and secresie, They said they should be speedily examined, and Examina∣tions secretly kept.

Thursday, December 3. 1640.

A Message brought from the Lords by my Lord Chief Justice Littleton and Judge Bartley, That according to a desire of this House, by a late * 1.44 Message, they have deputed certain of their Members to take the Exami∣nation of Witnesses in the Case of the Earl of Strafford, which they will be ready to perform in the presence of such Members of this House, as shall be deputed to that purpose.

Ordered, That the Earl of Kildares Petition, presented to the Grand Committee for Irish Affairs, be referred to the Sub-Committee for those Affairs.

Friday, December 4. 1640.

Ordered, That those Members of this House, that be appointed to be present at the preparatory Examinations before the Lords, be required to declare that by their Duty they owe to this House, they are obliged to keep all those Examinations secret.

Those Eight appointed for that Service did make all of them Protesta∣tions to that purpose. * 1.45

Ordered, That those Eight, or any Four of them, may be present at the preparatory Examinations before the Lords.

• ...

• ... Mr. Selden,
• Mr. Dutton,
• Mr. Crew,
• Sir Peter Hayman,
• Sir Harbottle Grimston,
• Sir Henry Anderson,
• Sir Nevil Poole,
• Sir Thomas Barrington.

Saturday.

The Petition of Richard Heaton and Lyonell Farrington were read, and Farrington called in, did avow his Petition; the Petitions are referred to the Committee appointed to draw up the Charge against the Earl of Strafford to make use of it, if they shall see Cause.

December 26th, 1640.

Ordered, That the Committee appointed to draw up the Charge against the Earl of Strafford, shall have Power to examine Witnesses concerning Sir George Ratcliff, and to prepare a Charge against him, and to present it to this House.

Tuesday, December 29th, 1640. The Articles against Sir George Ratcliff Read.

Resolved upon the Question, That this House shall Accuse Sir George * 1.46 Ratcliff Knight, of High Treason, in the Name of all the Commons of England.

That these Articles thus Read, shall be the Ground of this Accu∣sation.

That a Message shall be sent forthwith to the Lords, to Accuse Sir George Ratcliff Knight, of High Treason, in the Name of this House, and of all the Commons of England, and that very speedily they will bring Articles against him.

Resolved upon the Question, That the Articles prepared by the Com∣mittee against Sir George Ratcliff, and Read here, shall be engrossed against to morrow, to be sent to the Lords, as a Charge, against him.

A Message sent from the Lords by the Master of the Rolls and Judge * 1.47 Reeves.

The Lords have Commanded Us to say to You, That whereas there came a Message from this House, to Accuse Sir George Ratcliff of High Treason; They would know, Whether they should presently take care to make safe his Person?

Answer returned by the same Messengers:

That this House has taken their Lordships Message into Considera∣tion, and will forthwith return them Answer by Messengers of their own.

Mr. Pym went up to the Lords to acquaint them, that this day the * 1.48 House of Commons gave no Instructions to their former Messengers, con∣cerning the Committing of Sir George Ratcliff, because his Person is al∣ready in safe Custody in the Gate-house, and they intended to have acquainted their Lordships with it, when they had produced the Articles against him, which would have been very shortly, but since they are prevented by their Lordships, they refer what to do in it to their Lord∣ships.

Mr. Pym brings Answer from the Lords of his Message, That concerning the safe Custody of Sir George Ratcliff, they had sent for him, and had taken Order in it, and touching the receiving of the Examinations in this Cause, there should be the same course observed in them as was in the Earl of Strafford.

Thursday, December 31. 1640.

The Articles against Sir George Ratcliff, by former Order ingrossed, were twice Read; And then it was Resolved upon the Question, That these Articles thus ingrossed and read, shall be sent up to the Lords by the Commons Assembled in Parliament, in maintenance of their Accusation of Sir George Ratcliff, whereby he standeth Charged of High Treason; And it is Ordered, That Mr. Pym go up with these Articles.

Resolved upon the Question, That a Message be sent forthwith to the Lords, to desire a Conference of both Houses, concerning Articles exhi∣bited in maintenance of the Charge against Sir George Ratcliff.

Sir Iohn Strangways went up with this Message.

It was moved, That the House would think of some Answer to the Lords, concerning the Charges against the Lord Archbishop of Canterbury, and the Earl of Strafford, delivered from the Scottish Commissioners, at a Conference by a Committee of both Houses.

Monday, Ianuary 4th, 1640.

Ordered, That a Conference be desired with the Lords to morrow morning, concerning the state, the disorders and dangers of the new levied * 1.49 Irish Army, and to present them to their Lordships, and to desire them to join with the House in a Petition to His Majesty, for the disbanding of that Army. The Committee appointed for the Earl of Strafford's business, are to prepare the Heads of this Conference; and the Members of this House are required to bring into this Committee, between this and to morrow morning, such Informations as shall come to their Hands condu∣cing to these matters; Sir Walter Earle and Sir Iohn Clotworthy are to manage this Conference.

It was likewise moved, That at this Conference, Considerations might be had of the great Resort daily made to the Earl of Strafford.

Mr. Nathaniel Fines is to go up to morrow morning with a Message to the Lords, to desire a Conference with their Lordships, concerning the Disorders and Inconveniences of the new levied Irish Army.

And to desire a free Conference concerning those Declarations presented by the Scottish Commissioners, against the Lord Lieutenant and the Lord Archbishop of Canterbury, as Incendiaries; Sir Peter Hayman to go up with this Message.

The Subject of his Conference to be, to present to the Lords, that it may be made known to the Lords Commissioners, that the Scottish Com∣missioners be desired to bring in their Proofs against the Lord Lieutenant, and the Lord Archbishop of Canterbury, to the end, the Parliament may proceed to Judgment.

Tuesday, Ianuary 12th, 1640.

Ordered, That the several Petitions of Sir Henry Wallop, the Lord * 1.50 Viscount Nettersfield, be referred to the Sub-Committee, formerly ap∣pointed

by the Grand Committee for Irish Affairs for the business of Sir Henry Wallop, because there is something in those Petitions that will materially conduce to the Charge of the Earl of Strafford.

Ordered, That the Committee appointed to prepare some fit way of Representing to the Lords the four Irish Causes formerly Reported here, (viz.) That of the Lord Mountnorris, the Lord Dillon, Lord Viscount Ely, and the Earl of Kildare do sit.

Friday, Ianuary 15th, 1640.

Ordered, That the Committee appointed to draw up the Charge against * 1.51 the Earl of Strafford, shall desire to have the Depositions that are yet sealed up, delivered unto them, and may add and insert such particular Instances, and other Circumstances, as they in their Discretions shall think fit to the several Articles delivered in Charge against the Earl of Strafford, according to the saving in the conclusion of those Articles, and that they present the whole matter to the House on Monday morning next.

Saturday, Ianuary 16th, 1640.

Mr. Pym went up to the Lords with a Message to this Effect: * 1.52

To desire their Lordships, That those Examinations which, at the Re∣quest of this House, were taken, in the Case of the Earl of Strafford, by the Lords deputed to that purpose, may be delivered to the Commission∣ers of this House appointed to draw up the Charge against the Earl, that they may make use of them for the enlarging of their Charge, in parti∣cularities of Evidences, according to the Clause of Resolution in the con∣clusion of the said Charge; and likewise to make a Declaration, That how∣soever, by the Course of Parliament, this House might proceed with the Charge in general, yet to avoid all scruples, and to bring the business sooner to a conclusion, they do desire to conclude in this way.

Saturday, Ianuary 23. 1640.

• Mr. Selden,
• Mr. Palmer,
• Mr. Whitlock,
• Mr. Maynard.

By Order, are added to the Committee that are to draw up the Articles against the Earl of Strafford.

Thursday, Ianuary 28th, 1640.

The further Impeachment of Thomas Earl of Strafford, by the Commons * 1.53 Assembled in Parliament, was this day read.

Friday, Ianuary 29th, 1640.

Ordered, That the Consideration of the Commission granted to the Earl of Worcester, and his eldest Son the Lord Herbert, and some Com∣missions by them granted to others, for the levying of Forces in the several Counties of England and Wales, and all the Circumstances depend∣ing thereupon, be referred to the Committee to draw up the Charge

against the Earl of Strafford, and to consider of the Magazine in Sir Piercy Herbert's Custody.

Saturday, Ianuary 30th, 1640.

The further Impeachment of Thomas Earl of Strafford was again read, and the Title of the Impeachment, and every Article, and the Conclusion, were every of them particularly put to the Question, and were every of them assented unto, and Resolved upon the Question: And afterwards it was Resolved upon the Question, That these Articles being engrossed, shall be forthwith sent up to the Lords.

Ordered, That Mr. Hambden go up with a Message to the Lords, to desire a Conference with their Lordships presently (if it may stand with their Lordships Occasions) by a Committee of both Houses, touching the further Impeachment of Thomas Earl of Strafford.

Mr. Pym is to manage this Conference, and Mr. Maynard is to be Assistant to him.

Mr. Pym acquaints the House, That according to their Command, he had delivered unto the Lords the Articles for the further Impeachment of Thomas Earl of Strafford.

Ordered, That the Thanks of this House be given to Mr. Pym, and to the whole Committee, for the great Service they have done this House in the great pains they have taken, in preparing and drawing up the Charge and Articles against Thomas Earl of Strafford.

Tuesday, February 16th, 1640.

Sir Philip Stapleton went up to the Lords, with a Message, to desire a Conference with their Lordships, by a Committee of both Houses, pre∣sently (if it may stand with their Lordships Occasions) concerning the Earl of Strafford.

Resolved upon the Question, That the Heads Reported by Mr. Pym from the Committee appointed to prepare the Heads of the Conference to be desired with the Lords, concerning the Earl of Strafford, shall be Heads of that Conference, and that Committee is to manage the Con∣ference.

Sir Philip Stapleton brings Answer from the Lords, That their Lordships do expect His Majesty at their House this Morning; and that so soon as His Majesty shall be gone, they will send Answer by Messengers of their own.

Thursday, February 18th, 1640.

The Lords desired a Conference by a Committee of both Houses, con∣cerning * 1.54 the Sequestring of Thomas Earl of Strafford from his Offices, pre∣sently in the Painted Chamber, if it may stand with the conveniency of this House.

To which, Answer was returned, That they will give a meeting presently for a free Conference.

Mr. Pym Reports the free Conference.

Upon Mr. Pyms Report, It was Ordered, That this Committee, viz.

• ...

• ... Sir Walter Earle,
• Sir Io. Culpepper,
• Mr. Hollis,
• Mr. Solicitor,
• Mr. Vaughan,
• Mr. Hyde,
• Mr. Pym,
• Mr. Maynard,
• Mr. Selden,
• Mr. Palmer,
• Mr. Whitlock,
• Sir Simon D'Ewes,
• Mr. Whistler,
• Mr. Glyn, and
• Mr. Hampden.

Do take into Consideration the whole matter of the Report of the free Conference now made by Mr. Pym, and also what concerns the Right of the Commons in the Proceedings in the Lords House against the Earl of Strafford, and what Concerns the Kingdom in general, and the Lega∣lity of these Proceedings; and they are likewise to Consider, What is fit for the Commons to claim in Causes of Impeachment; and they are to meet this Afternoon at Two of the Clock in the Treasury Chamber.

Friday, February 19th, 1640.

That the Committee for the Earl of Strafford shall have Liberty to open * 1.55 all Letters directed to Sir George Ratcliff, and if they find it worthy the knowledge of the House, they are to acquaint the House therewith.

Ordered, That the Committee, appointed to consider of the Proceed∣ings in the Lords House against Thomas Earl of Strafford, do meet this Afternoon at Two of the Clock in the Treasury Chamber.

Tuesday, February 23. 1640.

A Message from the Lords, desiring a present Conference by a Com∣mittee * 1.56 of both Houses in the Painted-Chamber (if it may stand with the convenience of this House) concerning the Conference that was Yester∣day, touching the Proceedings against Thomas Earl of Strafford.

Answer returned by the same Messenger, That this House hath taken into Consideration their Lordships Message, and will give a meeting for a free Conference, as is desired.

Mr. Glyn Reports from the Conference, That the Lord Keeper delivered the Lords Answer in these words, viz. First, That We shall admit him no further use of Council, than the necessity of the Case, for his just Defence, requireth, and wherein Council may, with the Justice and Ho∣nour of this House, be afforded him. Secondly, That there shall be no delay in Proceedings, but all Expedition used according to their own desires.

Wednesday, February 24th, 1640.

A Message from the Lords, desiring a Conference by a Committee of both Houses, touching the Answer of Thomas Earl of Strafford presently, if it may stand with the Conveniency of this House.

Answer returned by the same Messengers, That this House will give a meeting presently, as is desired.

• ...

• ... Mr. Solicitor,
• Mr. Maynard,
• Mr. Pym,
• Mr. Reynolds,
• Mr. Palmer, and
• Mr. Hampden,

Are appointed Reporters of the Conference.

Mr. Solicitor Reports from the Conference, That Yesterday was the day the Lords had prefixed for my Lord of Strafford to give in his Answer, that accordingly he was there, and had given it in; and that this Answer which now they had delivered to the Commons was the Answer which the Earl of Strafford was to stand or fall by.

The engrossed Answer, and a Copy of it, were both delivered in by the Reporters, and was desired, that when the Copy was perfectly exa∣mined, the Original might be delivered to the Clerk of their House.

Ordered, That Mr. Speaker be here this Afternoon at One of the Clock, and that the Earl of Strafford's Answer may then be read and considered of.

The same day in the Afternoon the several Articles of the further Im∣peachment of Thomas Earl of Strafford, by the Commons, were all read; and to every of the said Articles, the particular and several Answers of the said Earl were likewise read.

The Answer held three hours reading, being above 200 sheets of Paper, too long to be here inserted; yet take an exact Abstract of the said Answer to the Articles exhibited against him, which are as fol∣loweth:

Answers to 28 special Articles.

To the First Article, he saith, He conceives that the Commission and Instruction differ not from those formerly granted, but refers to them, and that such Alterations and Additions as were made, were (for ought he knoweth) rather for the explanation than for the enlarging of the Jurisdiction, the Care whereof was left to the Secretary of that Council, and to the King's Learned Council, to be passed for the good of the King's Service, and the Publick Welfare of that Province; for Legality of the Proceedings, divers eminent Lawyers were joyned with the President, who, for the Legal parts, was by them to be directed. He did not advise or procure the enlargement of the Commission and Instructions, and he be∣lieveth nothing hath been practiced since, that was not in former Times, con∣tained in former Commissions, under general words. He believeth Sir Conyers Darcy was lawfully Fined for Misdemeanors, as a Justice of Peace; and hath heard, he being in Ireland, that Sir Iohn Boucher was Fined for some great Abuse at the Kings being at York, going into Scotland to be Crowned; to the Proceedings he refers himself. He denies that he hath done any thing by that Commission or Instruction, other than he conceived he might by virtue thereof lawfully do.

To the Second Article, He denieth the speaking of those words, but * 2.1 saith, That 30, 40 l. or more, being returned as Issues out of the Exche∣quer, against some that had compounded for Knighthood, for 10 l. or 20 l. so as the Issues far exceeded the Composition, and yet would next time have been increased. The said Earl upon this occasion said, That now they might see, that the little Finger of the Law was heavier than

the King's Loins, which he spake to nourish good Affections in them to∣wards His Majesty, and not to threaten or terrifie any, as the Article is supposed.

To the Third Article, he saith, Ireland is not Governed by the same * 2.2 Laws that this Kingdom is, unless it be meant by the Common Laws, their Customs, Statutes, Execution of Martial Laws, Proceedings at Council-Board very much differ, they spake not the words in the Article to any such intent; He saith, It might be fit enough for him to remember them of the great Obligation they had to the King and His Progenitors, that suffered them, being a Conquer'd Nation, to enjoy Freedom and Laws, as their own people of this Kingdom; and it might be, that upon some such occasion, he said to those of Dublin, That some of their Charters were void, and nothing worth, and did not bind His Majesty farther than He pleased, which he believes to be true, having been formerly so informed by His Majesties Learned Council upon sundry occasions.

To the Fourth, he saith, That the legal and ordinary Proceedings at * 2.3 Council-Table are, and time out of mind have been by Petition, An∣swers, examination of Witnesses, as in other Courts of Justice concerning British Plantations, the Church and Cases hence recommended by the King, for the time being, and in Appeals from other Courts there; and the Council-Board have always punished Contempts to Orders there made, to Proclamations, and Acts of State, by Fine and Imprisonment. He saith, That it might be, he told the Earl of Cork, that he would imprison him if he disobeyed the Orders of the Council-Table, and that he would not have Lawyers dispute or question those Orders, and that they should bind, but remembreth not the Comparison of Acts of Parliament; and he hath been so far from scorning the Laws, that he hath endeavoured to maintain them; the Suit against the Earl, in the Castle-Chamber, was concerning the Possessions of the Colledge of Youghall, worth 6 or 700 l. which he had endeavoured to get, by causing of unlawful Oaths to be taken, and very undue means, the matter proceeded to Examination and Publication of Witnesses, and after, upon the Earl of Cork's humble Suit, and payment of 15000 l. to His Majesty, and his acknowledgement of his Misdemeanors, obtained a Pardon, and the Bill and Proceedings were taken of the Files; and he remembers not any Suit for breach of any Order made at Council-Table.

To the Fifth, he saith, The Deputies and Generals of the Army have * 2.4 always executed Martial Law, which is necessary there; and the Army, and the Members thereof, have been long time Governed by printed Or∣ders, according to which, divers, by Sentence of the Council of War, have formerly been put to death as well in the time of Peace as War. The Lord Mountnorris, being a Captain of a Company in the Army, for mutinous words against the said Earl, General of that Army, and upon two of those ancient Orders was proceeded against by a Council of War, being the Principal Officers of the Army, about twenty in number, and by them, upon clear Evidence, sentenced to Death, wherein the said Earl was no Judge, but laboured so effectually with His Majesty, that he ob∣tained the Lord Mountnorris's Pardon, who, by that Sentence, suffered no personal hurt or damage, save about two days Imprisonment. And as to the other Persons, he can make no Answer thereunto, no particulars being described.

To the Sixth, he saith, The Suit had depended many years in Chan∣cery, * 2.5 and the Plaintiff Complaining of that delay, the said Earl, upon

a Petition, (as in such Cases hath been usual) calling to him the then Ma∣ster of the Rolls, the now Lord Chancellor, and the Chief Justice of the Common Pleas, upon the Proofs in the Chancery, decreed for the Plantiff, to which he refers himself, and it may be the Lord Mountnorris was there∣upon put out of his Possession.

To the Seventh, he saith, His Majesty being Intituled to divers Lands, upon an Inquisition found, Proclamation was made, That such as Claimed * 2.6 by Patent should come in by a day, and have their Patents allowed, as if they had been found in the Inquisition, and accordingly divers were allowed. The Lord Dillon produced His Patent, which being questi∣onable, he consented, and desired that a Case might be drawn, which was drawn by Counsel, and argued, and the Judges delivered their Opi∣nions, but the Lord Dillon, nor any other, were bound thereby, or put out of Possession, but might have traversed the Office, or otherwise le∣gally have proceeded, that Case or Opinion notwithstanding.

To the Eighth, he saith, That upon Sir Iohn Gifford's Petition to the * 2.7 King, His Majesty referred it to the Deputy and Council of Ireland, where the matter proceeding legally to a Decree against the Lord Loftus, and upon his Appeal, that Decree, by His Majesty and His Council of England, was confirmed, to which Decree and Order he refers himself, be∣lieving the Lord Loftus was committed for disobeying that Decree, and for continuance in contempt committed close Prisoner. He saith, That the Lord Loftus having committed divers Contempts, the Council by War∣rant required him to appear at the Board, and to bring the Great Seal with him; which Order he disobeyed, and was shortly after Committed, and the Great Seal was delivered up by His Majesties express Command, and not otherwise. And an Information was exhibited in the Star-Chamber, for grievous Oppressions done by the Lord Loftus as Chancellor, whereof he was so far from justifying, as that he submitted, desiring to be an Object of His Majesties Mercy, and not of His Justice.

The Earl of Kildare for not performing of an Award made by King Iames, and of an Award made in pursuance thereof, by the said Earl of * 2.8 Strafford, upon a Reference from His Majesty, was by the Deputy and Council Committed, and a Letter being unduly obtained, he did not thereupon enlarge him; but upon another Letter, and submission to the Orders, as by the King was directed, he was enlarged.

The Lady Hibbots, and one Hoy her Son, having upon a Petition, An∣swer, Examination of Witnesses, and other Proceedings at Council-Board, been found to have committed foul abuses by Fraud and Circumvention, to have made a Bargain with the Petitioner Hibbots, for Lands of a great value, for a small sum of Money, was Ordered to deliver up the Writing, no Assurances being perfected, or Money paid, and it's like he threatned her with Commitment if she obeyed not that Order, but denieth that the Lands were after sold to Sir Robert Meredith to his use, or that by any Order by himself made, any one hath been Imprisoned concerning Free∣holds, but for debts and personal things, as some have been used by all his Predecessors in like Causes.

To the Ninth, he saith, Warrants to such Effects have been usually granted to the Bishops in Ireland, in the times of all former Deputies; but the Earl not satisfied with the conveniency thereof, refused to give any such Warrants in general to the Bishops as had been formerly done; but being informed that divers in the Diocess of Down gave not fitting Obedience, he granted a Warrant to that Bishop, whereto he referreth,

which was the only Warrant he granted of that Nature, and hearing of some Complaints of the Execution thereof, he recalled it.

To the Tenth; he saith; The Lord Treasurer Portland offered the Farm of the Customs for 13000 l. per annum in some particular Species, but the Earl of Strafford advanced the same Customs to 15500 l. per annum, and 8000 l. Fine, and by His Majesties Command became a Farmer at those Rates proposed, without addition to those Rates, as by the printed Books 7 Car. Regis may appear; he disswaded the advance of Rates lately pro∣posed by Sir Abraham Dawes, so as it was declined; the Rates of Hydes and Wooll are moderate, consideration being had of their true value, and of the Places whereto they are to be transported; and of the Statute made in the time of Queen Elizabeth, and there in force, prohibiting the Ex∣portation of Wooll, unless they pay to the Crown 5 s. the Stone; the Trade and Shipping of that Kingdom are exceedingly increased.

To the Eleventh, he saith, Pipe-staves were prohibited in King Iames's Time, and not Exported, but by Licence from the Lord Treasurer of England, or Lord-Deputy of Ireland, who had 6 s. 8 d. a 1000, and his Secretary 3 s. 4 d. for the Licence; but to restrain that destruction of Timber, by Command of His Majesty, and Advice of His Council, for His Revenue in Ireland, first 30 s. then 3 l. the money was paid to His Majesty, who hath thereby about 1500 l. per annum, and his Lordship lost about 4 or 500 l. per annum, which his Predecessors had for such Licences. This is paid by the Transporter, not by the Natives, whose Commodity nevertheless appears by the Article to be very much increased.

To the Twelfth, he saith, The Subsidies there are an Inheritance in the Crown by Act of Parliament, 6 d. was paid for Subsidy, and 1 s. 6 d. for Impost upon every pound of Tobacco, and Farmed 10 or 20 l. per annum, the Commons in Parliament, 10 Car. Regis, finding the Revenue to be short of the Expence of that Kingdom 24000 l. per annum, Peti∣tioned, those Grants might be applied to increase His Majesties Revenue, without calling upon the Subject, but upon urgent Occasions: Hereupon upon the Advice of the Committee of the Revenue; and in considera∣tion of a Proclamation made in England, several Proclamations were made, and this setled in a way, till it could be confirmed by Parliament, for which purpose a Bill is transmitted, according to the desire of the Com∣mons, and the Impost of Tobacco is Let to Contractors for eleven years, at 5000 l. per annum for the first five years, and 10000 l. per annum for the other six years, and the Earl hath lent money to forward the business, and by His Majesties Allowance is a Partner, but hath not as yet in two years last past had any Accompts thereof, or made benefit thereby. He knoweth of no whipping, or other punishment; the Farmes of the Customs are better than formerly, 2000 l. per annum, five 8 parts whereof is yearly paid unto His Majesty; the prices of Tobacco exceed not 2 s. or 2 s. 4 d. the pound, the setling of that Revenue, according to the Peti∣tion of the Commons, he hath not raised, or countenanced any Monopo∣lies, but opposed the same.

To the Thirteenth, he saith, He endeavoured to advance the Manu∣facture of Linnen rather than of Woollen-Cloth, which might prejudice that Trade here; he bought Flax-seed in the Low-Countries, and sold it at the same Rate to such as desired if, they making their Cloaths not above a foot broad, and winding 8 or 10 threads from several bottoms together; the contrary was twined, their Flax formerly not above a foot, became a yard in length, and that soil is fit to bear it, and the people love such

easie Works; He hath set up many Looms, made much Cloth, and sold it to the loss of some Thousands of pounds; but when the State saw the Natives would not change their old Courses for new and better, the Pro∣clamation was declined. What he did was for the Publick Good, and had nothing from them that was not fully paid for.

To the Fourteenth, he saith, He refers to the Oath and Proclamation, which was set forth by the said Earl and Council of State there, at the instance of the Farmers of the Customs, towards the defrauding of the King's Duties being in France, whereof His Majesty had five eight parts: He never heard any Complain of the Oath, or of any that refused to take it, and conceived it to be lawful, divers of the Council approving it, being Learned Judges of the Law, to whose judgment, for the legality, he submitted, as well in that as to other matters of like nature.

To the Fifteenth, He denieth what is in the Article Objected, but saith, That about the Year 1626. certain Agents authorized in Ireland, were sent into England, and offered and agreed to pay to His Majesty 120000 l. in six years, towards the maintenance of His Army, and a like payment of 20000 l. per annum, was after agreed, and continued for three years longer; the Assessments were made, and it was shortly after, by them and the Lord Faulkland then Deputy, agreed in Ireland, that the money should not be charged upon Record, but levied by Captains, by Paper-Assignments, upon Warrants from the Lord Deputy; and this course was held four years in the Lord Faulkland's time, and the four years wherein the Lord Loftus and the Earl of Cork were Lords Justices there; and it held for the remaining year only, after the Earl of Strafford came thither; but the Earl of Cork having spared those Towns for the benefit of himself and Te∣nants during the time of his being Justice: The Earl of Strafford reduced the Assessments to what it was made by the Lord Faulkland, and gave way that Sir William St. Leiger, Lord President of Munster, to take the same Arrerages, in satisfaction of a Debt due unto him by His Majesty, and he is confident no force was used in levying the same: It hath been usual to lay Souldiers to levy that Contribution, to send Souldiers to apprehend Contemners of Orders made at Council-Board, and the like; and when Out-Laws and Rebels have been in the Woods, no Souldiers have in his time been laid, but by the Advice of the Council there. Touching the Castle-Chamber, it's a parcel of the Territory of Ideough, whereto the King was Intituled by Inquisition, and the Possession established in a Legal way, when the said Earl was in England, and no Souldiers were sent, but only 12 at the intreaty of Mr. Wanesford, for security of his Houses and Plantations against Rebels that then were out, and burned and spoiled Houses thereabouts; and neither Richard Butler's, or any other Family were thence expelled by the said Earl from their Estates.

To the Sixteenth, he saith, There was such a Proposition which was just, to prevent clamourous Complaints here, which there might be re∣dressed, but conceives that by the Laws there, and the Articles known since (by the name of the Articles of Grace made about fourteen years since) none ought to depart that Kingdom without Licence.

Thereupon, the Advice of the State, the Proclamations were set forth, but not with such intent as in the Article.

He denied Licence only to Three, the Earl of Cork, the Lord Mount∣•• and Sir 〈◊〉〈◊〉 Hamilton; to the two former, in regard of 〈◊〉〈◊〉 〈◊〉〈◊〉 then against them in the Castle-Chamber; to the other by special Command from His Majesty; but so soon as Sir Frederick said he

would Complain of the Earl, he made Suit to His Majesty, That Sir Fre∣drick might come over, which was granted; He conceives such restraint to be necessary, and if that it be not continued, it will prove of evil Con∣sequence to that Kingdom.

Parry was questioned at the Council-Board for Misdemeanors, and to avoid Sentence, secretly went out of the Kingdom, and at his return, for that and other Offences, was Fined and Imprisoned, to the Sentence thereof he refers, and knows of no other that were Imprisoned, as by the Article is Charged.

To the Seventeenth, he saith, It's like he might say (for the better en∣couragement of the Officers and Souldiers of the old Irish Army, in dis∣charge of their several Duties) that His Majesty was so well satisfied in the way and pains they took in using and practizing of their Arms, that in that Point he would set them as a Pattern to be imitated; and conceives it would not be ill if they were so, they being in the Opinion of those that have seen them Exercise, very able and expert Souldiers, he spake not other words, or to other purpose.

To the Eighteenth, he saith, When the Earl of Cork was one of the Lords Justices, he seized some Houses in Dublin, pretending they belonged to Jesuits and Fryers, without Legal Proceedings, which, upon Suits pro∣secuted at Council-Board, were, according to Justice, restored to the Owners; but how since imployed the Earl of Strafford knoweth not, but endeavoured the utmost he could to maintain that Seizure. Touching the 8000 men, he saith, They were raised according to the King's War∣rant, and that the said Earl left the Care thereof to the Earl of Ormond and others, and what number are Protestants, what Papists, he knoweth not, but believeth such a Body cannot be there raised, without many Papists; the greatest number of the Captains and Officers are Protestants, chosen by the said Earl. The 1000 men were drawn out of the old, to make Officers for the new Army, and believeth the 1000 put to the old Army are Protestants, in regard by his express Order no Papist is to be admitted there a Common Souldier. He never preferred any Captain, Lieutenant or Ensign to be of that Army that was a Papist, and conceives they are duly paid; and believes those newly raised exercise the Religion no otherwise than was practiced before the Earl's coming thither: He was a Commissioner to Compound with the Recusants for their Forfeitures, and endeavoured to be informed of the utmost value of their Estates; in four years he brought that Revenue from 2300 l. to be between 11 and 12000 l. per annum, more than ever was raised formerly in so short a time, by which faithful dealings, for His Majesty, he procured the hard Opi∣nion of the Recusants throughout the Kingdom; that out of those Com∣positions he hath paid near 100000 l. into the Exchequer; and they had no other Priviledges than what was exercised in the Commission, and in former like Commissions, and as are in the present Commission to the Lord Treasurer, and others.

To the Nineteenth, he saith, The last Summer was twelve months, when the English and Scotch lay in the Fields near Berwick, the Earl and Council of Ireland having a general motion thereof, were in fear that the Scots in Ulster (being almost 100000 in number) might be drawn to side with the Covenanters, and advising how to secure that Kingdom, the Principal of the Nation of Scotland, living in Ireland, came to Dublin and Petitioned, That he might have an Oath whereby they might give Testimony of future Obedience to His Majesty; whereupon an Oath

was by the Advice of Council of State framed, and chearfully taken by those Scotch Gentlemen, and generally by all the Nation in Ireland, as the Earl conceives to their advantage, and the satisfaction of others; he be∣lieves that some were Sentenced for refusing it, but none were other∣wise exiled. The Earl in his Vote said, That he would endeavour, that all of that Nation should take that Oath, or leave the Kingdom, all which was done by His Majesties Direction and Approbation; and it was not contrived to the intents in the Article Charged, but to prevent their ad∣hering to the Covenanters then in open Arms, and not concerning the Ceremony or Government of the Church.

To the Twentieth, he saith, That in the Year 1638. the Earl was in Ireland, when Preparations were made for War, and Summons sent to the Nobility of this Kingdom: In the Year 1639. a General was appointed, and an Army drawn to the Field, and Encamped near Berwick, whereby it appears he was not acquainted that the Article of Pacification had been broken on both Sides, and so distempered, that it was held fit an Army in England should be raised, to suppress the Covenanters, if the business could not with Honour and Safety be otherwise composed. The said Earl humbly advised His Majesty to call a Parliament, and used many Motives thereunto; after the Parliament was called, and before the Sitting thereof, ten of the Lords, and other of the Council for Forreign Affairs, being assembled, His Majesty then present, an Honourable Person related the Covenanters Demands; it was then Voted by all, That they were such as might not in Honour and Safety be condescended unto by His Majesty; and if they could not be otherwise reduced, His Majesty must be con∣strained to bring them to it by force; the like Resolution was after at the Council-Table by twenty of the Council: Whereupon His Majesty ap∣pointed a Council of War, and it was held necessary to borrow 200000 l. upon good Security, till the Supplies by the Parliament might come in. He never said the Scotch Nation were Rebels, but was ever perswaded that many of them are most Loyal Subjects.

Those that raised Arms, when they were at such distance from His Ma∣jesty, he might say they were no less than Rebels and Traytors; by War∣rant from the Lord Admiral, he caused divers Ships and Goods to be seized, but not with an intent to set on the War, but as much as in him lay to bring all to fair Accommodation, without expence of blood.

To the 21th, he saith, The pacification was broken before he came over, as in the Answer to the former Article he moved His Majesty for a Parliament in England, but not with such intent as in the Article, but out of a desire to have setled a right Understanding between the King and His people. It may be, he said, (though he remembreth it not) that if the Parliament would not Supply His Majesty, he would serve His Majesty in any other lawful way; being well assured that His Majesty would not im∣ploy him, nor any man else, in any other kind.

To the 22th, he saith, According to His Majesties Instructions, he did set forth to the Parliament of Ireland, the State of the Affairs as they then stood, and they freely gave four Subsidies, as an acknowledgment of His Goodness and happy Government, as by the Act and Remonstrance appears in Print; He, by His Majesties Direction, then gave Order for the raising of 8000 men, who still remain in the King's pay, and were sent into Ulster to secure those Parts, or to land in Scotland, to divert the Earl of Argile, in case he joined with the Covenanters Army against the King; but it was mentioned in the King's Letter, 2. Mertii, 1639. he had pur∣posely

given out, That they should join with the King's Army at Berwick, to colour other Designs; but the true cause of their Levying was made known to be as aforesaid unto the Earl of Ormond, Sir Iohn Burlace, and the Marquiss of Hamilton, and Earl of Northumberland, at the time of the writing the Letter, and he denies the words charged in the Articles, or any other words to such intent and purpose.

To the 23th, he saith, The matters of the Parliament were no other∣wise referred to him, than to the rest of the Council, that coming sick from Ireland about ten days after the Parliament were set, and after the Treaty with the Earl of Dunfermline, Lord Lowdon, Scotch Commission∣ers, was broken off, and the Army preparing, and the Parliament not supplying Monies as His Majesty desired; His Majesty advised what might move them to prefer His Supply; in debate whereof, he humbly advised His Majesty, by a Message to the House, to lay down Ship-Money, and promise never to demand it, and give way to reverse the Judgment by a Writ of Error in Parliament, and to promise a Redress of Grievances when they should be prepared. And secondly, That they would pre∣sently agree upon such Supply as should maintain His Army, for reducing the Scots to their Obedience, wherein their Safety and His Honour was concerned: His Majesty assented conditionally, that he might have 12 Sub∣sidies; the Earl besought Him that it might not pass as a Condition, but to Relinquish Ship-Money, and put himself upon their Affections, and drew up the Message in Writing, and delivered it to Mr. Secretary Vane to deli∣ver to the House of Commons: He desired to know if His Majesty would not take less than 12, His Majesty Answered, He feared less would not serve His Occasions; The Earl of Strafford besought His Majesty to ac∣cept of Eight, so His Majesty assented, and desired Mr. Secretary to signifie so much, as occasion should be offered; but whether he did so or not the said Earl knoweth not. The House of Commons being in debate two days, and not Resolving. His Majesty about the 5th of May last called a Council at Seven of the Clock in the Morning, the said Earl being sick, came late, and was told, (as he remembreth) by the Earl of Bark-shire, the King had declared His Resolution to Dissolve the Parliament; the Earl of Strafford besought His Majesty to hear the Advice of His Council, and first of those that were Members of the House of Commons, by whom the rest might the better be guided: Mr. Secretary Windebank said, He feared the House would first be Answered of their Grievances, and Voted for a Breach of the Parliament. Mr. Secretary Vane, in opposite terms, said, That there was no hope that they would give the King a Penny, and therefore absolutely Voted for a Breach. And the Earl of Strafford conceiving His Majesties Pleasure to have accepted Eight Subsidies, had been delivered to the House of Commons by Mr. Secretary Vane, did, in His Majesties turn, deliver his Vote for Breach of the Parliament, which otherwise he would not have done; it being contrary to what he Resolved when he came thither, and like Opinion was delivered by the rest of the Lords, being about twenty, except two or three at the most. The Parliament being Dissolved, His Majesty desired Advice of His Council, How money might be raised, affirming, That the Scotch Army was ready to enter into the Kingdom; The said Earl, in presence of others in the Council, delivered his Opinion, That in a Case of absolute and unavoidable necessity, which neither would nor could be prevented by ordinary remedies, provided by the Laws, nor all His Majesties other means sufficient to defend the Com∣mon wealth Himself, or their Lives and Estates from an Enemy, without

force of Arms, either actually entred, or daily expected to Invade the Realm; He conceived that His Majesty was absolved from ordinary Rules, and might use (in as moderate a way the necessity of the Cause would permit) all ways and means for defence of Himself and Kingdom, for that he con∣ceived in such extremity, Salus Populi was Suprema Lex, provided it were not colourable, nor any thing demanded imployed to other use, nor drawn into Example, when Law and Justice might take place; and that when Peace was setled, Reparation was to be given to particular men, otherwise it would be unjust. This was not officiously declared but in Council, forced by the duty of the Oath of a Counsellor, which is, that he shall in all things to be moved, treated and debated in Coun∣cil, faithfully and truly declare his Mind and Opinion according to his Heart and Conscience; which Oath the said Earl took, and humbly prays their Lordships Consideration thereof; He denieth the words in the Arti∣cle, or any words to the intent thereby expressed.

To the 24th, he saith, He delivered his Opinion with such Cautions and Restrictions, as in the Answer to the Precedent Article, and is well assured his Discourse at all times hath been without ill Intentions to either of the Houses of Parliament, which he ever did, and shall think and speak of with all Reverence. He denies that he knew of the Publishing or Printing of the Book, nor who caused it to be Printed or Published, for at that time he was sick in his Bed, more like to die than to live.

To the 25th, he saith, Ship-Money was levied, and adjudged to be due, before his coming over. Sheriffs were then called up as before, and not otherwise. If any were sued in Star-Chamber, it was without any particular indeavour of his: It appearing at the Board, That the Mayor and Sheriffs of London had been slow in Collecting Ship-Money, he said, They were but Ministerial, and ought to Exact, and not dispute the King's Writs, and that if through their remisness the King should be less able to provide for the Publick Safety, when any Forreign Army was ready to enter the Kingdom, they might deserve to be Fined and Ransom∣ed; which he spake more to hasten them, than of purpose to advise any such Prosecution; but denies the other words, being, under favour, such Expressions as he is not accustomed unto.

To the 26th, he saith, He advised not either of those Projects (being then sick in Bed) but it being debated at the Council-Table, Whether it were better for the King to raise Gold and Silver, or Coin base Money? He (for the Reasons then given) delivered his Opinion for the latter. Sundry Merchants Adventurers coming to his house, desired him to move His Majesty, then at Oatlands, to Release the Bullion, or Money, he told them, He knew of no such thing, and would not meddle with it; nor would his Health permit him to go abroad, and said, That if their deny∣ing the King in such a Publick Danger, the Loan of 100000 l. upon good Security, the King were constrained, for the Preservation of the Land, to stay the Bullion, they might thank themselves; and the City receiving so great a benefit by Residing amongst them, they made but an unthankful acknowledgment in such a Straight, to refuse the Loan of that Sum. The Officers of the Mint came to the Council-Board, and the Earl then shewed a Letter, he received from the Earl of Leicester, wherein was related, That the Cardinal had appointed Commissioners to go into the Merchants houses at Paris, to peruse their Shop Books and Accompts, and to Cess every man, accor∣ding to his Ability, towards the payment of the King's Army, and then said, That it was but just for Us here in England, to bless God for being under a

King which could not think upon such a Pressing upon the People. But the words in the Article, or words to any such intent, he did not speak, and cannot sufficiently bemoan himself to have been in all his words so ill un∣derstood, or so untruly Reported as he hath been.

To the 27th, he saith, He perswaded the Gentry of that Country, to allow the Trained-Band a months Pay, which they yielded, and His Ma∣jesty graciously accepted. It was by Council of War (His Majesty being present) thought fit the Trained-Bands should return, save the two Regi∣ments under the Command of Sir William Pennyman and Sir Thomas Danby. It was assented unto by His Majesty, and the great Council of the Peers then Assembled, That those spared should Contribute, and the said Earl was Commanded by them to see it done; which was done accordingly by Warrants from him and from his Deputy-Lieutenants, which was much less Charge to the Countries than otherwise, and denies the other particu∣lar in the Article mentioned.

To the 28th, he saith, He was Lieutenant-General to the Earl of Nor∣thumberland, about the 24th of August, of 10 or 12000 Foot and 2000 Horse, being at New-Castle under the Command of the Lord Conway and Sir Iacob Ashley, and the rest of the Army at York; the said Earl went from London, and the 26th of August, notwithstanding his extream weakness, and came to York, and having received a Letter from Sir Iacob Ashley, that New-Castle was Fortified, and that they must be Infamous Beasts to lose it, and that it was fully Secured; and being acquainted with several Dispatches sent by Mr. Secretary Vane, by His Majesties Di∣rections, to the Lord Conway, General of the Horse, to oppose the Passage of the Scots over the River of Tyne, the one dated 22. Augusti, the other 23. Augusti, another 24. Augusti, another 26. Augusti, the substance of which Letters are particularly mentioned in the Answer to this Article, and to the same Letters the said Earl referreth himself.

The said Earl, upon sight of this and Sir Iacob Ashley's Letter, had rea∣son to believe, that all fitting preparation was made, and then under∣standing that if the Scotish Army should pass the River, not only New-Castle altogether Unfortified on the South part, would be lost, but the said Army of 11000 Foot and 2000 Horse endangered; and hearing that the Scotish Army were distresied for want of Victuals, and knowing the advantage that was in opposing the Passage of such a River. Hereupon the said Earl, by a Letter dated the 27th of August, advised the Lord Con∣way with all the Horse, and at least 8000 Foot, and all the Cannon, to March and Fight with them; upon the passage of the River, at which time the said Earl had no Charge of the Army; but the truth is, the Lord Conway having not with him all the Horse, and not above 1500 Foot, and only some part of the Cannon was in a posture to fight, for the passage be∣fore the said Letter of advice came, which he received not half an hour before the Fight began, and proceeded according to his own judgment, and His Majesties said general Direction; and afterwards, that is about the 30th of August, and not before, the said Earl took upon him the Charge of the Army at Darlington, and brought it to York to be supplied with Necessaries that they wanted, and purposed to have staid where they were quartered. But hearing from many hands that there was a purpose to question him in Parliament, and His Majesty having given him Liberty of staying there, or coming away, he left the Charge of the Army with the Lord Conway, and other Officers, as His Majesty had directed, and came to London on Monday the 9th, and the 11th of November was put

under Restraint, and so hath ever since remained. And saith, That the Town of New-Castle was no way under his Care; and as to other matters whereto by Law he ought to answer, and hath not answered, he saith, He is not Guilty of them, or any of them, in such manner and form, as in the said Article is expressed, and humbly prayeth a convenient time for making his Proofs, and to justifie and maintain his Actions in Ireland, by sight of His Majesties Warrants, Records, and Witnesses in that Kingdom, and that if any mistake be in this Answer, it may be amended.

And this the said Earl hopeth, that upon equal Construction of his Words and Actions, he shall appear free from any great and hainous Offen∣ces wherewith he is Charged; and howsoever it shall please God to dis∣pose of him, he shall ever pray, that by their Lordships great Wisdoms and Prudence, the Affections of His Majesty, and Duty of His Subjects, may this Parliament be so surely knit together, as may by God's blessing lastingly tend to the Prosperity and Flourishing Estate both of King and People.

Friday, February 26th, 1640.

Ordered, That the same Committee that was formerly appointed to draw up the Charge against the Earl of Strafford, with the Addition of * 2.9 Mr. Palmer, Mr. Selden, Mr. Whitlock, and Mr. Maynard, do consider of the Articles and further Impeachmment of Thomas Earl of Strafford by the Commons; and likewise the said Earl's Answer to those Articles and further Impeachment. And they are likewise to consider of the Proofs, and how the Witnesses may conveniently be brought together, to give their Testimony Viva Voce in the business; and they are to proceed in the secretest and speediest way they can, for the advantage of the business, in preparing it for a Trial and further Proceedings; and they have Power to send for Persons, Witnesses, Papers, Records, or any thing else, that they in their Judgments shall conceive fit, or may conduce to the Service; and they are to meet this Afternoon at Two of the Clock in the Treasury Chamber.

The four Lawyers that were added to the Earl of Strafford's Committee, made their Protestation of Secrecy openly in the House.

Sir George Wentworth, upon his Protestation made to the House to keep secret all such Matters as passed this day, had leave to resort to his Brother the Earl of Strafford, but all the other Members of this House are re∣strained from resorting unto him, without leave first obtained.

Saturday, February 27th, 1640.

Mr. Whitlock Reports from the Committee for the Earl of Strafford. The House does declare, That they are well satisfied, that the Evidence * 2.10 to be produced against Thomas Earl of Strafford at his Trial be managed by those Members.

Friday, March 5th, 1640.

Upon Mr. Whitlock's Report from the Earl of Strafford's Committee, It was Resolved upon the Question, That there shall be no Replication put * 2.11 〈◊〉〈◊〉 the 〈◊〉〈◊〉 of 〈◊〉〈◊〉 〈◊〉〈◊〉 in 〈◊〉〈◊〉 but that the further Pro∣ceedings shall be 〈◊〉〈◊〉 〈◊〉〈◊〉 〈◊〉〈◊〉 as is now 〈◊〉〈◊〉 by the Committee.

Mr. Whitlock is to go up to the Lords with this Message, viz.

That the House of Commons have considered of the Earl of Strafford's Answer, and do aver their Charge of High Treason against him, and that he is Guilty in such manner and form as he stands Accused and Impeached, and that this House will be ready to prove their Charge against him, at such convenient time as their Lordships shall prefix, and intend to manage the Evidence by Members of their own, and desire a free Conference with their Lordships, by Select Committees of both Houses, to consider of some Propositions and Circumstances concerning the Trial.

Mr. Whitlock brings Answer from the Lords, That their Lordships have taken the Message from this House into Consideration, and will give a meeting, for a free Conference, by a Committee of 24 on Monday Morning at Nine of the Clock.

The Committee of the Commons.

• Mr. Pym,
• Mr. Strode,
• Mr. Solicitor,
• Mr. Grimston,
• Lord Digby,
• Sir Iohn Clotworthy,
• Sir Walter Earle,
• Mr. Hampden,
• Mr. Whitlocke,
• Mr. Palmer,
• Mr. Selden,
• Mr. Maynard,
• Mr. Treasurer,
• Sir Io. Culpepper,
• Mr. Reynolds,
• Mr. Hyde,
• Mr. Prideaux,
• Mr. Whitlock,
• Mr. Martin,
• Mr. Proxholm,
• Mr. Gray,
• Lord Faulkland,
• Mr. Vaughan,
• Lord Russell,
• Sir Iohn Strangwaies,
• Mr. Bellasis,
• Sir Guy Palmes,
• Mr. Sutton,
• Mr. Whistler,
• Sir Symon D'Ewes,
• Sir An. Irby,
• Sir Martin Lomly,
• Mr. Waller,
• Mr. Coventry,
• Mr. Upton,
• Sir Iohn Eveling,
• Lord Fairfax,
• Sir William Massam,
• Mr. Pierepoint,
• Sir Benjamin Rudyard,
• Sir Thomas Barrington,
• Sir Philip Stapleton,
• Mr. Capell,
• Mr. Cary,
• Sir Ralph Hopton,
• Sir Robert Hatton,
• Sir Gilbert Gerrard,
• Mr. Nathaniel Fines.

A Committee of these 48 are to meet a Committee of 24 of the Lords at a free Conference, concerning the Trial of Thomas Earl of Strafford, on Monday Morning next, at Nine of the Clock in the Painted-Chamber

The Committee for the Earl of Strafford are to manage this free Con∣ference with the Lords.

Monday, March 8th, 1640.

Upon Mr. Whitlock's Report from the Committee for the Earl of Straf∣ford, the Heads of a Conference appointed to be had this day concerning the Trial of the said Earl. It was Resolved upon the Question:

(1.) To Propose to the Lords, That they will be pleased to take some Order, that there may be a convenient Place appointed for the Trial of Thomas Earl of Strafford, and to give such Directions as shall be fit for preparing conveniency of room for both Houses, and for such Members of the House as are appointed to manage the Evidence, and for Witnesses, and for the Prisoner; and for excluding of all such as ought not to be pre∣sent at the Trial.

(2.) That whereas, in the last Message to the Lords, this House did Intimate unto them, That they did intend to manage the Evidence by Members of their own; They are now Commanded to explain their Rea∣son, That their Lordships may take notice, That We do not expect any Council shall be admitted the Earl of Strafford at the giving of Evidence at the Trial.

Thursday, March 11th, 1640.

Mr. Whitlock Reports from the free Conference, concerning the Trial of Thomas Earl of Strafford, That the Lord Privy-Seal began with this * 2.12 Introduction; That this Parliament, both Houses, have had often Con∣ferences, and to good Purpose, which had preserved a true Understanding between both Houses, That at the last free Conference their Lordships did receive from this House certain Propositions, concerning the Trial of Thomas Earl of Strafford, which We our Selves call Circumstances. (1.) Con∣cerning Place. (2.) Persons. (3.) Managing the Evidence. (4.) Use of Counsel; he was pleased to remember the words of the Proposition, as they were delivered unto them, and told Us those were Circumstances; yet Circumstances were Servants to Execution, and might be altered; and if they should Change from the House they now sit in into the Painted-Chamber, or the Court of Requests, upon Survey of it, by skilful men, they were informed the Floor of it is so weak, that it might be very dan∣gerous for so great a Resort to be in together at the Trial, therefore left that to Our further Consideration. The Lords thought of this, That the Bar in their House might be removed higher, and the Room there made longer; and that being made a Scaffold, might be a Capacity sufficient to receive the Members of this House; this he did only Propose, and said, The Bishops did desire to be absent at this Trial, so there would be more room, for the Earls would sit in their places. Next that, their Lord∣ships did desire to understand, Whether We meant to be there as a House, which they thought We did, or as single Members of the House. (3.) His Lordship was pleased to tell Us, They desired an Exposition of the words managing of Evidence: Whether We intended a marshalling and applying of the Proof? (4.) That the Lords did desire, concerning the Place and Persons, to know how they have been admitted in former times, that they might be fortified by Presidents for Place and Persons, and for Coun∣sel. Their Lordships are careful not to admit of more than is according to the Law of this Kingdom: And thereupon their Lordships have made this Resolution, That the Earl of Strafford, in matters of meer Fact, shall not make use of Counsel, but in matter of Law he shall; and if any doubt arise, what is matter of Law, and what is matter of Fact, the Lords do reserve the Judgment hereof to themselves; this came by intimation of Ours, that We did intend to manage the Evidence; and at a Conference We explained Our Selves, That We did not expect they would allow Him any Council at the giving of Evidence. After this he was pleased

to tell us, That he had not forgot another thing, though he omitted it, that he that delivered the Proposition, at the Message, used words to this purpose, That this House did hold it necessary and fit, that all the Mem∣bers of the House might be present at the Trial, to the end, every one might satisfie his own Conscience, in the giving of their Vote, to demand Judgment. Upon this We thought it not fit to make an Explanation, till We had acquainted the House with it.

Ordered, That the whole matter of the Report, now made of the free Conference with the Lords, concerning the Trial of Tho. Earl of Strafford, be referred to the Committee for the Earl of Strafford, to search and con∣sider of Presidents, and to prepare Reasons, and to present them to the House to morrow morning, and they are to meet this Afternoon at Two of the Clock in the Treasury-Chamber.

A Message from the Lords, to desire a free Conference by the same Committee that last met, touching the Demands concerning the Trial of Thomas Earl of Strafford in the Painted-Chamber presently, if it may stand with the conveniency of this House.

Answer returned by the same Messengers, That this House has taken their Lordships Message into Consideration, and will give a meeting pre∣sently by the same Committee, as is desired.

The Committee, for the Earl of Strafford, are appointed to manage and Report this Conference.

Friday, March 12th, 1640.

Mr. Whitlock Reports from the Earl of Strafford's Committee such Heads, as that Committee does present unto this House to be the Heads of a free Conference, to be desired with the Lords concerning the mat∣ter of the last free Conference with the Lords, touching the Trial of Tho∣mas Earl of Strafford.

Upon this Report, It was Resolved upon the Question, That this shall be the first Head of the free Conference, viz. 1. As concerning Place, that this House doth conceive, that although the Bar of the Lord's House be removed, and some Members thereof absent; yet without the Bar, the Room will not be sufficient to contain the Members of the House of Com∣mons, and that their Lordships will be pleased to direct some other Place for the Trial. For the Presidents concerning the Place, their Lordships take notice in their Conference, That the Parliament sate in the Cham∣ber Blank, 1 R. 2. but the Parliament being Summoned to appear at the King's Palace at Westminster, if one Room be not convenient, another Room might be desired that shall be more convenient.

Resolved upon the Question, That this shall be the Second Head of the free Conference, viz. (2.) That the Earl of Strafford, being Impeached by the Commons, it doth belong to the House of Commons to Resolve who are to be present at the Trial, and that of Right they may come as a House, if they please, but however they are Resolved to send their own Members as a Committee of the whole House.

Resolved upon the Question, That this shall be the Third Head of that free Conference, viz. (3.) That by the managing of the Evidence, this House doth mean the ordering, applying, and inforcing the Evidence, ac∣cording to the truth of the Fact.

Ordered, That the Fourth Head of this Report now made from the Committee, of the Earl of Strafford, concerning the matter of Council,

be recommitted to the same Committee, with the addition of the Lawyers of the House as was Yesterday made; and they are likewise to take into Consideration, what those Gentlemen have incurred that have been of Council with the Earl of Strafford, he being accused of High Treason by this House, in the Name of Themselves, and of all the Commons of England; and to present to this House what they think is fit to be done in that business, and Mr. Peirepoint and Mr. Martin are added to this Committee as to this business, and they are to meet this Afternoon at Two of the Clock in the Treasury-Chamber.

Saturday, March 13th, 1640.

Mr. Peirepoint is appointed to go to the Lords, to desire a free Con∣ference * 2.13 by the same Committee that was last appointed for the free Con∣ference, touching the Trial of Thomas Earl of Strafford.

Mr. Whitlock Reports from the Committee for the Earl of Strafford, That the House had heard part of this Report the other day, viz. (1.) The place of Trial. (2.) The Persons to be present. (3.) The managing of the Evidence; these three passed their Vote Yesterday. The Fourth Head concerning Counsel was recommitted, which received this Resolu∣tion, That the Commons do acquaint their Lordships, that if at any time, during the Evidence, the Counsel for the Earl of Strafford shall interpose, when the Members of this House, that are appointed to manage the Evi∣dence, are speaking, they must of necessity desist, because it will not be∣come them to plead against Counsel; and as concerning the allowing of Counsel in matters of Law, and reserving to their Lordships to judge the Doubts, what is matter of Law, and what Fact; the Commons do save to themselves all Right that doth appertain to them, according to Law and course of Parliament, and do declare, That the Proceedings in this Case shall not be drawn into President, to the prejudice of the Commons. For the other matter, concerning the Offence of the Counsel of the Earl of Strafford, by being of Counsel with him, without leave of this House; the Committee could not proceed, the other matter taking up the whole time.

The Committee, for the Earl of Strafford, are to manage this Con∣ference.

Mr. Whitlock acquaints the House, That according to the Command of this House, he had delivered unto the Lords the Votes that had passed here, concerning the Trial of Thomas Earl of Strafford.

A Message from the Lords, desiring a free Conference by the same Com∣mittee, touching the Demands concerning the Earl of Strafford presently in the Painted-Chamber, if it may stand with the conveniency of this House.

Answer returned by the same Messengers, That this House has taken their Lordships Message into Consideration, and will give a meeting presently, as is desired. The same Committee is to manage and Report this Conference.

Mr. Whitlock Reports from the free Conference, touching the Demands concerning the Trial of the Earl of Strafford, That the Lord of Bath was pleased to declare, in the Name of the Lords, That the House had taken into Consideration those Demands made this Morning, and agreed upon an Answer to every one of them.

(First,) As to the Place, they had agreed, it should be in Westminster-Hall, and the King to be made acquainted with it by the Lord Great Chamberlain. (Secondly,) For Persons, their Lordships agreed to it, That the House of Commons be present as a Committee of the whole House for this time, with a saving of the Right of the Lords House, either according to Law or Parliamentary Proceedings; and that this shall not be drawn into President hereafter on either side. For the (Third,) For the managing of Our Evidence, they grant it wholly. For the (Fourth,) For Counsel in managing and forcing of Evidence; the Counsel of the Earl of Strafford is not to speak nor interrupt the matter of the House of Commons until all the Evidence is finished; and the Counsel is not to stand at the Bar, but in some convenient place where they may hear; and that they may speak for matter of Law, but not for matter of Fact, and that not unless their Lordships shall see fitting. (Next,) For the time, my Lord of Bath did tell Us, They could not yet Resolve upon it, till the Surveyor and Workmen, that did take care to build the Scaffolds, did give account how soon they could be ready.

Ordered, That it be referred to the Committee for the Earl of Straf∣ford, with the addition made to the Committee for this purpose, to consi∣der of the saving, and the other part of the Report now made from the free Conference, concerning the Trial of Thomas Earl of Strafford, and they are to present to the House what they think fit to be done thereupon.

Monday, March 15th, 1640.

A Message from the Lords, That the House of Peers desire a Confe∣rence * 2.14 concerning the time of the Earl of Strafford's Trial, and some other Circumstances that concern that Trial; they desire it presently in the Painted-Chamber, if it may stand with the conveniency of this House by the same former Committee.

Answer returned by the same Messengers, That this House has taken their Lordships Message into Consideration, and will give a meeting pre∣sently, as is desired by the same Committee.

Mr. Whitlock Reports the Conference had with the Lords, concerning * 2.15 the Trial of the Earl of Strafford, in haec verba, That the Lord of Bath did tell Us, That he had something to acquaint Us from the Lords, That their Lordships had Ordered, That the Place for the Trial of the Earl of Strafford shall be in Westminster-Hall; That the King hath been ac∣quainted therewith, and hath been pleased to assent thereunto: That the time for the said Trial shall begin on Monday next at Nine of the Clock in the Forenoon; and that against that time Care is taken that all things shall be prepared and made ready; and that the Lords will be pleased to give notice of the time appointed for this Trial to the Earl of Strafford to attend accordingly; and a Warrant is to be directed to the Lieutenant of the Tower, to bring the said Earl of Strafford at the time and to the place aforesaid.

After this the Earl of Essex told Us, The Lords did take into Consi∣deration something alledged in the Earl of Strafford's Answer to the 27 Article, wherein the Peers, that were of the Great Council, had some Aspersion cast upon them, that they had entred this Protestation.

Whereas the Lords of the Great Council at York, to clear their Ho∣nours only, have made their Protestation, That they did neither Command nor Approve the raising of Monies in York-shire, as is alledged by the Earl of Strafford in his Answer to the 27th Article. Now the said Pro∣testation is by this House unanimously admitted. And it is likewise Or∣dered, That so much may be intimated to the Committee of the House of Commons at the next Conference.

Moved, That the Committee for the Earl of Strafford do consider of the last part of the Report now made, concerning the Protestation made by the Lords of the Great Council at York, how far they may make use of it in the Evidence at the Trial of the Earl of Strafford.

Ordered, That the Committee for the Earl of Strafford consider of the last part of the Report of the Commitee, concerning the Protestation made by the Lords of the Great Council at York, how far they may think fit to make use of it as Evidence at the Trial.

Tuesday, March 16th, 1640.

Mr. Whitlock Reports from the Committee for the Earl of Strafford, That whereas the House of Commons have formerly declared to their Lordships, that the Earl of Strafford being Impeached by them, they do conceive it doth belong to them to Resolve, in what manner they will be present at his Trial; and that of Right they may come as a House if they please; but for some special Reasons, upon this occasion, they are Re∣solved to send their own Members as a Committee of the whole House, Authorized by the House to be present at the Trial to hear, and some particular Persons of themselves to manage the Evidence. The House of Commons doth still continue their Resolution in every part thereof and therein, and in the matter of allowing Counsel: And their Lordships Re∣servation to their Judgment what is matter of Fact, and what not, the House of Commons do save to themselves, as they have formerly done, all Rights that do appertain to them, according to Law, and the course of Parliament; and do declare, That the Proceedings in this Case shall not be drawn into President, to the Prejudice of the Commons.

Ordered, That this Protestation be by way of Conference transferred to the Lords.

Wednesday, March 17th, 1640.

Ordered, That Mr. Pym shall make Report of three especial Cases that concern the Earl of Strafford's business on Friday morning next.

Thursday, March 18th, 1640.

Ordered, That the Earl of Strafford's Committee of Twelve do attend that Service, and lay aside all other Excuses and Occasions, unless they be otherwise Commanded by this House, and Mr. Glyn is added to this Com∣mittee.

Friday, March 19th, 1640.

Ordered, That a Warrant under Mr. Speaker's Hand, be directed to the Master of the Marshalsey, of the Kings Bench, requiring him to send

Robert Coyne (a Prisoner there upon Execution in safe Custody) to at∣tend the Committee for the Earl of Strafford De die in Diem, so long as the Committee shall so require.

Ordered, That Patrick Allen, an Irish Merchant, who has a Petition depending here, shall have the Liberty to go abroad with a Keeper to Prosecute his business here, and to be examined as a Witness at the Committee for the Earl of Strafford.

Sir Thomas Barrington, Sir Iohn Culpepper, Sir Io. Strangwayes, Mr. Ash∣burnham, * 2.16 Sir Io. Hotham, Sir William Litton, Sir Io. Holland, Sir Robert Pye, Mr. Wheeler, Mr. Lawrence, and Mr. Whittaker, are appointed as a Committee to View the place for the Earl of Strafford's Trial, and to think of some convenient manner for the Committee of the House to go in, and be present at the said Trial; and for Mr. Speaker to be there in a private manner, and they are to meet this Afternoon at Two of the Clock in the inner Court of Wards.

Saturday, March 20th, 1640.

Ordered, That the Earl of Strafford's Committee of 13 shall have Power to manage the Evidence in such manner, as they shall think fit to manage the same at the Trial of the Earl of Strafford.

Ordered, That Mr. White and Mr. Prideaux be appointed to take Notes of the Passages of the Trial of Thomas Earl of Strafford, and to Report them to the House, if occasion be; and that the Committee shall have Power, if occasion be, to make use of two more, such as they shall think fit, though not of the House.

Moved from the Earl of Strafford's Committee, That it would please the House to give a fair and candid Interpretation of the Committees Labours and Endeavours in this business.

Upon Sir Iohn Culpepper's Report from the Committee appointed to view the Place, and to Regulate the Order and the Manner of the Com∣mittee of the Houses coming and being there: It was Ordered, (1.) That the Members of the Commons shall sit together, without any Intermix∣ture of others, in that place which is prepared for them. (2.) That in respect of the inconveniency of it, the Members shall not come to meet at the House on Monday morning, but come directly to the place of the Trial. (3.) That for the well-ordering of the business, the said Committee, with the addition of Mr. Peard, shall be present at the several doors at the En∣trance of the place appointed, for the Members of the House by Six of the Clock, and are directed and required by the House to admit none but such as shall bring Tickets of their Names and the Places for which they Serve; and that none of the Members of the House shall be admitted to come in before those that are appointed to attend at the doors shall come; and if any, either Stranger or Member of the House, shall offend this Order, those who are appointed to attend this Service shall Report it to the House. And it is further Ordered, That all of the House shall be there by Eight of the Clock at the farthest; and that such places shall be reserved for them, who shall attend this Service, as they shall find to be most proper and convenient for them. (4.) Ordered, That the Serjeant at Arms shall attend within the Court, and his Men without, to be imployed in such Service as they who manage the Evidence shall appoint.

Sir Iohn Culpepper further Reported, That the Speaker might be present in some private place, and as a particular Member of this House; but the Committee doth not think fit that the House should declare any Order in it.

Touching the Members of the House being covered at the Trial, the Committee thinks it not fit for them to deliver any Opinion, only they offer the difference that may be when both Houses meet, or Committees of both Houses, and the present Case, where the Lords are to meet as a House, and the Commons as a Committee of their House.

Resolved upon the Question, That the House shall sit this Afternoon, and shall meet at Two of the Clock.

Mr. Bellasis went up to the Lords with this Message, To desire their Lordships, That in regard this House is much straitned in time, and hath great Affairs in hand, and will sit this Afternoon, and may have occasion of a Conference with their Lordships, that they will be pleased to sit likewise.

The humble Petition of Thomas Earl of Strafford was this day read, wherein he desires, That he may make use of some Members of this House, * 2.17 nominated in his Petition, as Witnesses at his Trial; and the House leaves those Members, nominated in the said Petition, to do therein as they shall please, without their giving any offence to the House.

Mr. Martin is to go up to the Lords, to desire a free Conference with their Lordships by the same Committee that was formerly appointed, touching the matter of the last free Conference concerning the Trial of the Earl of Strafford.

Ordered, That those Members of the House, that are appointed to manage the Evidence at the Trial of the Earl of Strafford, shall have Power, if any Witnesses be produced for the Earl, to ask if they have been sworn, and if it shall appear that they have been sworn; or if any shall be sworn at the Bar, to forbear to proceed any further in the ma∣naging of their Evidence, until they have resorted unto the House, and have received further Order.

All the Orders that concern the Proceedings against the Earl of Straf∣ford are required to be Copied out, for the Service of the Committee.

The Names of the Members of the House of Commons, appointed to manage the Evidence against Thomas Earl of Strafford at his Trial before the House of Peers, upon an Impeachment of High Treason.

George Lord Digby.

Iohn Hampden,	Esquires.
Iohn Pym,

Oliver St. Iohn, Esq shortly after Solicitor-General to King Charles the First.

Sir Walter Earle, Knight.

Ieoffery Palmer, afterwards Knighted, and made Attorney-General to King Charles the Second.

Iohn Maynard, Esq afterwards Serjeant at Law to King Charles the Second.

Iohn Glyn, Esq Recorder of London, afterwards Sworn one of the Council to King Charles the Second.

The Place for the appearance of the Lord Lieutenant was the great Hall in Westminster, where there was a Throne erected for the King, on each * 2.18 side whereof a Cabinet, inclosed about with Boards, and before with Arras: before that were the Seats for the Lords of the Upper-House, and sacks of Wooll for the Judges, before them ten Stages of Seats extending farther than the midst of the Hall, for the Gentlemen of the House of Commons; at the end of all was a Desk closed about and set apart for the Lord Lieutenant and his Counsel.

On Monday Morning, March 22. about Seven of the Clock, he came * 2.19 from the Tower, accompanied with six Barges, wherein were one hundred Souldiers of the Tower, all with Partizans, for his Guard, and fifty pair of Oars: At his landing at Westminster, there he was attended with two hundred of the Trained Band, and went in guarded by them into the Hall. The entries at Whitehall, Kingstreet and Westminster, were guarded by the Constables and Watch-men, from four of the Clock in the Morn∣ing, to keep away all base and idle persons.

The King, Queen, and Prince came to the House about Nine of the Clock, but kept themselves private within their Closets, only the Prince came out once or twice to the Cloth of State; So that the King saw and heard all that passed, but was seen of none. Some give the reason of this from the received practise of England in such Cases: Others say, That the Lords did intreat the King, either to be absent, or to be there privately, lest pretentions might be made hereafter, that His being there was either to threaten, or some other ways to interrupt the Course of Justice. A third sort, That the King was not willing to be accessary to the Process, till it came to His Part; but rather chose to be present, that he might observe and understand if any Violence, Rigour, or Injustice happened. When the Lieutenant entred the Hall, the Porter of the Hall (whose Office it is) asked Master Maxwell, Whether the Ax should be carried be∣fore him or no? Who did Answer, That the King had expresly forbidden it; nor was it the Custom of England to use that Ceremony, but only when the Party Accused was to be put upon his Jury. Those of the House of Lords did sit with their Heads covered, those of the House of Com∣mons uncovered. The Bishops upon the Saturday before did voluntarily decline the giving of their Suffrages in matters Criminal, and of that na∣ture, according to the provision of the Cannon Law, and practice of the Kingdom to this day, and therefore would not be present; yet withall they gave in a Protestation, that their absence should not prejudice them of that, or any other Priviledge competent to them, as the Lords Spiri∣tual in Parliament, which was accepted.

The Earl of Arundel, as Lord High Steward of England, sate apart by himself, and at the Lieutenant's Entry, Commanded the House to proceed. Master Pym being Speaker of the Committee for his Accusation, gave in the same Articles, which were presented at his last being before the Upper House, which being read, his Replies were subjoyned and read also, the very same which were presented before in the Upper House: Some gave the reason of this, because the House of Commons had not heard those Accu∣sations in Publick before. Others, that the formality of the Process re∣quired no less, however that day was spent in that Exercise.

The Queen went from the House about Eleven of the Clock, the King and Prince staid till the meeting was dissolved, which was after Two. The Lieutenant was sent to the Tower by his Guard, and appointed to

return upon Tuesday at Nine of the Clock in the Morning. The crowd of people was neither great nor troublesome, all of them saluted him, and he them, with great humility and courtesie, [both at his Entrance and at his Return,] therefore let Fame pretend what it please about the malice and discontent of the Multitude, That if he pass the stroke of Iustice, they will tear him in pieces; yet there is more in Rumor than in Sight and Appearance; and in this Report, as in all others of this nature, more is thrust upon the Vulgar (who seem as well fearful of Punishment, as ex∣empt from it, for all their great number) than they did justly deserve at this time.

Monday, March 22. 1640. Post Merid.

The House of Commons spent the Forenoon in the first days Trial of Thomas Earl of Strafford in Westminster-Hall: But in the Afternoon the House Ordered, That in case the Earl of Strafford shall ask leave, or shall have liberty given him to speak any thing by way of Defence, before such time as the Members appointed to manage the Evidence, shall enter into the managing of their Evidence, that then they shall Interpose; and if so be that notwithstanding such Interposition, the Lords shall give him leave so to speak, that then they shall forbear to proceed any further in the managing of their Evidence, until they have Reported unto the House, and received further Order from them.

Ordered, That the House shall meet to morrow in Westminster-Hall as a Committee; and that the House sit to morrow in the Afternoon at Two of the Clock.

Ordered, That the Committee formerly appointed shall attend at the doors, at the Entrance of the place prepared for the Committee of the House of Commons, at the Trial of Thomas Earl of Strafford.

Tuesday, March 23. 1640. Post Merid.

Sir Philip Stapleton went up to the Lords with this Message, To desire a free Conference by a Committee of both Houses, concerning their joyn∣ing with this House to Petition His Majesty, To disband the new-levied Irish Army, Disarming the Papists Recusants, and the removal of Papists from Court; especially those formerly named, viz. Mr. Walter Montague, Sir Kenelme Digby, Sir Iohn Winter, and Sir Toby Mathew.

Sir Walter Earle and Mr. Reynolds are to manage this Conference, and are to move the Lords, to appoint a Petition to His Majesty, and are to inforce their desire of removing the Papists from Court by that Circum∣stance of Mr. Walter Montagues appearing Yesterday, before both Houses, at the Trial of the Earl of Strafford.

Ordered, That the House meet as a Committee in Westminster-Hall at Eight of the Clock, and in the House at Two in the Afternoon, which they are constantly to observe De die in diem during the Trial.

The House does Expect that all the Members of the House should con∣form themselves to the Order made for Regulating matters at the Trial of Thomas Earl of Strafford; and that the Committee appointed for that business shall complain of any that Conform not thereunto.

Wednesday, March 24th, 1640. Post Merid.

Ordered, That Mr. Treasurer and Mr. Comptroller move His Majesty, That the Committees for the Earl of Strafford may have the perusal of Sir Edward Cook's Pleas of the Crown.

Ordered, That no Member of the House shall stand in the place ap∣pointed for the Earl of Strafford's Witnesses, at the time of his Trial, unless they be such as by the said Earl be required to be there as Wit∣nesses.

Ordered, That Sir Henry Mildmay move the Lord High Chamberlain, that the door at the Entrance in at the Room, appointed for those that manage the Evidence at the Trial of Thomas Earl of Strafford, be kept shut, and that there be some other passage for the Members to come into the House at, and Captain Charles Price is added to the Committee ap∣pointed to Regulate matters at the Trial of Thomas Earl of Strafford.

Ordered, That no Member of the House Confer with the Earl of Straf∣ford during the time of the Trial.

Thursday, March 25th, 1641. Post Merid.

Ordered, That the Committee appointed to manage the Evidence at the Trial of Thomas Earl of Strafford, shall have liberty to proceed upon such Articles, as they shall think most Important for the speediest expe∣diting of the Trial, and to contract and proceed in such manner as they shall think most expedient.

Ordered, That the Committee for the Earl of Strafford presently with∣draw into the Court of Wards, to prepare Heads for a Conference, to be desired with the Lords, concerning the preventing of all Delays in the speedier expediting the Trial of Thomas Earl of Strafford.

Sir Iohn Culpepper Reports from the Committee that was appointed to draw Heads for a Conference to be desired with the Lords, concerning the preventing of all Delays in the Trial of the Earl of Strafford, to this purpose:

To Represent to the Lords the necessity of Expediting the Earl of Strafford's Trial, in respect of the pressing Occasions of both Houses, and of the Estate of the whole Kingdom, which will be much interrupted and prejudiced by the Protraction of this Trial: In this Consideration the House of Commons desired their Lordships, that they would be pleased to prevent all unnecessary Delays which may be occasioned by the Earl of Strafford's impertinent Exceptions, which as they will take up much time in Debate, so they may occasion frequent Adjournments, the which we desire their Lordships to take into Consideration, that they may be avoided.

Resolved upon the Question, That this shall be the Subject of the Con∣ference.

Sir Io. Eveling went up to the Lords, to desire a Conference concerning the Trial of the Earl of Strafford; and Sir Io. Culpepper is appointed to manage this Conference.

Monday, March 29th, 1641. Post Merid.

Sir Thomas Barington is appointed to go up to the Lords, to desire a Conference by a Committee of both Houses, concerning the Trial of Thomas Earl of Strafford.

This House doth conceive, That the Examination of the Lord Primate of Ireland, already taken, is not to be urged, in regard none of the Members of this House were present at the taking of it, but the Exami∣nation of him (provided) that some of the Committee appointed to manage the Evidence at the Trial be present thereat, this House will not oppose it, saving their own Rights; and in like cases the House leaves it to the Committee to proceed in such manner as they shall think agreeable to Law and Justice. And this to be the Subject Matter of the Conference, and Mr. Whitlock is to manage it.

Friday, April 2. 1641. Post Merid.

Mr. Pym went up to the Lords, to desire, That such of their Lord∣ships as this House shall have occasion to make use of, in the Trial of the Earl of Strafford, would be pleased to be present at the said Trial, and by Name the Lord Treasurer, Lord Admiral, Earl of Bristoll, Earl of Holland, and Lord Conway, be also named to the House, with some other Lords that the House should have occasion to make use of; namely, the Lord Primate of Armagh, E. Morton, and Lord Newburgh.

Mr. Pym likewise nominated some Members of this House, viz. Mr. Trea∣surer, Sir William Pennyman, Sir Iohn Hotham, Sir Hugh Cholmly, Mr. Henry Cholmy, Mr. Thomas Price, Sir Iohn Strangways, Mr. Controllor, Mr. Henry Piercy, Sir William Envidale, Sir Frederick Cornwallis, Sir Henry Mildmay, Mr. Nichols, Mr. Fines, Sir Thomas Heale, Sir Thomas Barington, Mr. Her∣bert Price; a Note of these Names was given to the Serjeant at Arms, attending on this House; and he is Ordered to give Notice to the Mem∣bers of the Lords, to be present upon all occasions.

Saturday, April 3. 1641. Post Merid.

The Petition of Thomas Earl of Strafford was this day read, and the like Order made upon it, as was made upon the Petition of the 20th of March.

Tuesday, April 6th, 1641. Post Merid.

The humble Petition of Thomas Earl of Strafford was read, and the same Order made upon it as was upon that of the 20th of March.

Friday, April 9th, 1641. Post Merid.

The Lord Russel is appointed to go up to the Lords, to desire a Confe∣rence by a Committee of both Houses, concerning the Proceedings in the Trial of Thomas Earl of Strafford.

The Heads of the free Conference to be to this effect:

To acquaint the Lords with the great Necessities of the Kingdom, the Pressures of the Time, and how much time has been spent in this Trial:

How prejudicial it will be to the Kingdom, if any more then has been be spent, and therefore to desire that to morrow may be appointed for a Peremptory day, for the Earl of Strafford to be heard, if he will come; otherwise that the Committee of this House may proceed to the Replica∣tion to the whole matter, and the Earl of Strafford to be absolutely con∣cluded, for saying any more to the matter of Fact.

Mr. Pym is to manage this Conference, and Mr. Glyn and Mr. Hampden are joyned unto him as Assistants.

Mr. Pym acquaints the House, That he hath delivered to the Lords what he was intrusted with by this House, concerning the Trial of Thomas Earl of Strafford. They gave no other Answer, then that they would send Answer by Messengers of their own.

A Message from the Lords by Baron Hendon and Mr. Heath.

That the Lords have taken the last Message to this House into Consi∣deration, and have Resolved, That if the Earl of Strafford come to mor∣row, he may proceed according to the former Order; if he comes not, that then this House may proceed to Sum up the Evidence as to matter of Fact, and the Earl of Strafford to be concluded as to matter of Fact.

Saturday, April 10th, 1641. Post Merid.

Mr. Glyn Reports from the Committee, for the Earl of Strafford, some Grounds concerning the further Evidence that is offered by the Com∣mittee to corroborate the Evidence upon the latter part of the 23. Article. And thereupon Sir Henry Vane the younger and Mr. Pym are appointed by this House, to declare their whole knowledge concerning the matters contained in the 23. Article against the Earl of Strafford, and how, and by what means they came to the knowledge thereof, which when they had done, what Paper was produced by Mr. Pym, and so much of it read by him as concerned the Earl of Strafford: And then it was Resolved upon the Question, That the Paper whereof Mr. Pym had now read in part, shall be all of it read, which was done; and Notice being given of a Message from the Lords, It was Ordered, That all the Members keep their Seats, and go not out of the House without leave.

Resolved upon the Question, That the Bill of Attainder of the Earl of Strafford of High Treason shall be now read.

And accordingly the Bill was twice read.

Monday, April 12. Post Merid.

The Heads of a Conference to be desired with the Lords touching the Proceedings against the Earl of Strafford.

1. The Narrative of the Evidence the Committee intended to have given on Saturday last, concerning which they resorted to the House of Com∣mons for further Direction, to which Evidence two Members of this House were ready to depose.

The House fell into a great and long debate of the second Head. And in the mean time Mr. Hampden went up to the Lords with this Message, to signifie unto their Lordships, That this House is now in Debate of a busi∣ness of great Importance, which they do intend to Communicate unto their Lordships, but are not yet fully ready for a Conference; and therefore they do intreat their Lordships would be pleased to sit a little while, and they hope they shall come up very suddenly unto them.

The Earl of Strafford's Committee who retired to prepare the Second Head, after some stay returned and presented this following to the House for a Second Head, which was read and allowed of by the House, (viz.)

2. That the House having taken Consideration thereof, did conceive it very material, that in regard of the Danger and Distractions of the present Times, and that what time might be spent in Debate touching the admitting of the Evidence, they Resolved to come to a general Reply, setting aside that Evidence for this time, saving to themselves their Rights, to make use of the said Evidence, for the farther Prosecution of the 23. Article, if their Lordships shall be unsatisfied concerning the same, with∣out admitting the said Earl of Strafford to examine upon any of the other Articles, which the House doth do, to the end, that the business might come to some speedy Conclusion, the loss of time being of extream Dan∣ger and ill Consequence to the Common-wealth, as they conceive.

Mr. Hampden brings Answer, That the Lords will sit a convenient time.

3. The third Head, That upon occasion of discovery of this Evidence, a Paper was read in the House, whereby it did appear, that at the same time when the dangers abroad were spoken by the Earl of Strafford, touching the bringing the Irish Army into England, other words were spoken by two others then present, descyphered by those Letters L. Arch. and L. Cott. (by which We conceive is meant the Lord Archbishop of Canterbury and Lord Cottington,) very full of Pernicious Counsels to the King, and Slander to the Commons Assembled in the last Parliament; as will appear, if their Lordships will be pleased to hear the Papers read, which Paper the Com∣mittee is commanded to read, and leave it to their Consideration, and to desire that their Lordships will take some course, that it may be duly exa∣mined by whom these words were spoken, that there may be some further Proceedings, to prevent the dangers that may ensue thereupon, and that those Counsels may be looked into, and searched to the bottom.

These three Heads were all severally put to the Question, and by Reso∣lution upon the Question, Ordered to be the Heads of this Conference.

Mr. Stroud went up to the Lords with this Message, to desire a Confe∣rence with their Lordships, by a Committee of both Houses, touching the Proceedings against the Earl of Strafford, and some other matters lately discovered.

Ordered, That at the next sitting of the House the Bill for the Attain∣der of the Earl of Strafford shall be read the second time, and Mr. Speaker is to put the House in mind of this Order.

A Message from the Lords by Mr. Heath and Serjeant Glanvil.

The Lords desire a present Conference, by a Committee of both Hou∣ses, in the Painted-Chamber, if it may stand with the conveniency of this House, concerning the last Conference about the Proceedings against the said Earl.

Answer returned by the same Messengers, That this House has taken their Lordships Message into Consideration, and will give a present meeting, as is desired.

The Committee appointed to manage the Evidence at the Trial, are appointed Reporters of this Conference.

Mr. Glyn Reports the Conference with the Lords to this purpose:

That the Lord Steward spake in the Name of the Lords, and did de∣clare, That their Lordships are Resolved this House may proceed, as formerly was intended, before the offer of further Evidence to be

propounded, the Earl of Strafford to recollect his Evidence first, and that being done, the Members of the House of Commons to state their Evidence, and this to be done to morrow morning, whereof they will give the Earl of Strafford Notice.

Tuesday, April 13th, 1641. Post Merid.

The House only met and adjourned till the next morning.

Wednesday, April 14th, 1641. Post Merid.

An Act was read the second time for the Attainder of Thomas Earl of Strafford of High Treason, upon the Question, Committed unto a Com∣mittee of the whole House, Mr. Speaker sitting by.

The Order for Resolving the House into a Committee, to Consider of the Bill, for the Attainder of Thomas Earl of Strafford of High Treason, was read, and accordingly the House was Resolved into a Committee, and Mr. Peard called to the Chair.

Then Mr. Speaker assumed the Chair.

A Message from the Lords by Judge Reeves and Serjeant Glanvile, That their Lordships have appointed to hear the Council of the Earl of Straf∣ford to morrow at Eight of the Clock in Westminster-Hall, concerning the matter of Law.

Thursday, April 15th, 1641. Post Merid.

Mr. Arthur Capel went up to the Lords with a Message, To desire a free Conference by a Committee of both Houses, concerning the Proceedings against Thomas Earl of Strafford, so soon as it may stand with their Lord∣ships Conveniency.

• Mr. Solicitor,
• Mr. Maynard,
• Mr. Glyn,
• Sir Iohn Culpepper,
• Mr. Pym,
• Mr. Whitlock,
• Mr. Whistler,
• Mr. Stroud.

As a Committee are to retire presently into the Committee-Chamber, to prepare Heads for a Conference, concerning the Proceedings against the Earl of Strafford.

Mr. Maynard Reports from this Committee, the Heads of the Confe∣rence to be desired with the Lords, concerning the Proceedings against the Earl of Strafford, to this effect.

1. To offer unto their Lordships, that it was last night Five of the Clock before this Intimation of their Lordships Intentions, to hear the Earl of Strafford's Council, came to this House.

2. That upon some Conferences heretofore had with their Lordships, a saving was made by this House in the Point, Whether Counsel should be heard or not? and it's not now time to consider, Whether they should de∣part from this saving.

3. Great difficulties to know to what purpose the Counsel shall be heard, the Case not being stated, agreed on, or made, when to propound the danger and inconveniencies; if his Counsel make a Case, and ravel into all our Evidence in such an Auditory; and whether to put the Case

as it is alledged in the Articles, that the Evidence of Fact being given, it was in Propositions, from the beginning, to go by way of Bill, and that a Bill is Exhibited here for his Attainder.

That the Proceedings, by way of Bill, stands in no way of opposition to those Proceedings, that have already been in this business. These seve∣ral Considerations make more difficulty in this House, than to come to a sudden and present Resolution.

Resolved upon the Question, That these shall be the Heads of this Con∣ference; the Committee appointed to prepare the Heads, are likewise ap∣pointed to manage and Report the Conference, if occasion be.

Mr. Maynard Reports, That the Earl Marshall acquainted them, that he had made a Report of what had been delivered by the House of Com∣mons, and they had entred into Debate about it, and so soon as they had come to a Resolution, they would send Answer by Messengers of their own. But in the mean time they had put off the hearing of the Earl of Strafford's Counsel for this day.

Ordered, That the House be Resolved into a Committee, to debate further the Bill of Attainder of Thomas Earl of Strafford.

A Message from the Lords by Judge Foster and Mr. Heath, That the Lords desire a free Conference, by a Committee of both Houses, concern∣ing the business of the Proceedings against the Earl of Strafford presently, (if it may stand with the conveniency of this House) in the Painted-Chamber.

Answer returned by the same Messengers, That this House will give a meeting presently, as is desired.

The same Committee that managed the Conference this morning, are to manage this, and to Report it, if occasion be. Mr. Fines is added to the Committee; if any new matter be propounded by the Lords at this Con∣ference, the Committee is to give no Answer unto it, but to Report it to the House.

Mr. Whitlock Reports this Conference, That the Lord Say told them, That they had taken into Consideration the great business, and were not absolutely Resolved how it should proceed, that the Earl of Strafford's Counsel should have Notice to attend there to morrow, and should not speak to any matter of Fact, but to matter of Law; only it was after∣wards said by another Lord, That the time was so short, that they had Resolved not to send for him, till they heard from this House.

Friday, April 16th, 1641. Post Merid.

Ordered, That the House do first take into Consideration the Report of the Conference with the Lords Yesterday, concerning the Proceedings against the Earl of Strafford.

Resolved upon the Question, That it is sufficiently proved, that the Earl of Strafford hath endeavoured to subvert the ancient and Fundamen∣tal Laws of the Realms of England and Ireland, and to introduce Arbi∣trary and Tyrannical Government against Law.

Mr. Peard went up to the Lords with a Message to this effect:

That this House at present is in Debate of a great business, and fear they cannot come to a Resolution so soon as to come to their Lordships for a Conference this Afternoon; If they can, they Resolve to sit this Afternoon, and desire their Lordships to do the like, if it may stand with their Conveniency.

Mr. Peard brings Answer, That their Lordships will meet at Four of the Clock.

Resolved upon the Question, That a Committee of the whole House shall hear the Earl of Strafford's Counsel in Westminster-Hall, concerning matter of Law.

Ordered, That the House do this Afternoon take the Proceedings against the Earl of Strafford into further Consideration.

The Committee is to retire presently into the Committee-Chamber, to prepare Heads for a Conference to be desired with the Lords, concerning the further Proceedings against the Earl of Strafford.

Mr. Maynard Reports the Heads of this Conference to this effect:

1. To take Notice of their Lordships Resolution, to hear the Earl of Strafford's Council in matter of Law.

2. To put their Lordships in mind of the saving of this House in that Point, and further to tell them, That if after his Council shall be heard, any doubt shall remain with their Lordships, they shall be ready to satisfie them in due time.

3. That to this end they do intend to send a Committee of this House, only to hear what his Council shall say. These Particulars raised some Debate in the House, and being put to the Question, the House was divided upon it; but yet after the Tellers were appointed, the Noes yielded to the Yeas without telling.

4. To desire that their Lordships will be pleased to use all Expedition to put an end to this Trial, as much as in Justice may be.

5. To desire a continuance of their Care, that the Counsel, under co∣lour of speaking to the matter of Law, ravel not into the matter of Fact.

Sir Robert Harly went up to the Lords, to desire a free Conference with their Lordships by a Committee of both Houses, upon the free Conference had Yesterday with their Lordships, concerning the further Proceedings against the Earl of Strafford.

Sir Robert Harly brings Answer, That their Lordships will give a present meeting, as is desired.

The Committee that was appointed to prepare Heads for the Confe∣rence, concerning the further Proceedings against the Earl of Strafford, are to manage this Conference, and to Report it, if occasion be.

Ordered, That the Committee formerly appointed to preserve places for the Committee of the whole House in Westminster-Hall, do apply their Endeavours in that Service.

A Message from the Lords by Justice Foster and Justice Heath, That the Lords have sent this Message, that they will be set to morrow at ten in the Forenoon in Westminster-Hall, to hear the Earl of Strafford's Council in matter of Law.

Saturday, April 17th, 1641. Post Merid.

Ordered, That the House be Resolved into a Grand Committee, to take into further Consideration the Bill of Attainder of Thomas Earl of Straf∣ford.

Mr. Speaker left the Chair, Mr. Peard was called to the Chair of the Grand Committee, and Mr. Speaker again assumed the Chair.

Ordered, That the Debate of the Bill of Attainder of the Earl of Strafford, be resumed on Monday morning at Seven of the Clock.

Monday, April 19th, 1641.

Ordered, That after the Conference shall be ended, the House shall again be Resolved into a Committee, to resume the farther Debate of the Earl of Strafford, and all the Members are required to return from the Conference to the House.

Resolved upon the Question, That the endeavour of Thomas Earl of Strafford to subvert the Ancient and Fundamental Laws of the Realm of England and Ireland, and to Introduce an Arbitrary and Tyrannical Go∣vernment, against Law, in both these Kingdoms, is High Treason.

The Lord Digbye's Speech in the House of Commons, to the Bill of Attainder of the Earl of Strafford, April 21. 1641.

Mr. Speaker, We are now upon the Point of giving (as much as in Us lies) the Final Sentence unto Death or Life on a great Minister of State, and Peer of this Kingdom, Thomas Earl of Strafford, a Name of hatred in the present Age, by his Practices, and fit to be made a Terrour to future Ages by his Punishment.

I have had the Honour to be Imployed by the House in this great busi∣ness, from the first hour that it was taken into Consideration; It was matter of great Trust, (and I will say with confidence) that I have served the House in it both with Industry, according to my ability, and with most exact Faithfulness and Secrecy.

And as I have hitherto discharged my Duty to this House, and to my Country, in the Progress of this Great Cause, so I trust I shall do now in the last period of it, to God and to a good Conscience.

I do wish the peace of that unto my self, and the blessings of Almighty God to me and my Posterity, according as my judgment on the life of this man shall be consonant with my heart, and the best of my understanding in all Integrity.

I know well Mr. Speaker, that by some things I have said of late, whilst this Bill, was in agitation, I have raised some prejudices upon me in the Cause.

Yea some (I thank them for their plain dealing) have been so free as to tell me, that I suffered much by the backwardness I have shewn in this Bill of Attainder of the Earl of Strafford, against whom I had been for∣merly so keen and so active.

Mr. Speaker, I beg of you and the rest but a suspension of Judgment concerning me, till I have opened my heart unto you freely and clearly in this business.

Truly Sir, I am still the same in my Opinions and Affections, as unto the Earl of Strafford, I confidently believe him the most dangerous Mini∣ster, the most insupportable to free Subjects that can be charactared.

I believe his Practices in themselves have been as High, as Tyrannical, as any Subject ever ventured on, and the malignity of them are hugely ag∣gravated by those rare abilities of his, whereof God hath given him the use, but the Devil the application (in a word) I believe him still that grand Apostate to the Common-wealth, who must not expect to be par∣doned in this World, till he be dispatched to the other. And yet let me tell you Mr. Speaker, my hand must not be to that dispatch, I protest, as my Conscience stands informed, I had rather it were off.

Let me unfold unto you the mystery Mr. Speaker, I will not dwell much upon justifying unto you my seeming variance at this time from what I was formerly, but by putting you in mind of the difference between Prosecutors and Judges.

How misbecoming that fervour would be in a Judge, which perhaps was commendable in a Prosecutor; Judges we are now, and must put on ano∣ther Personage.

It is honest and noble to be earnest in order to the discovery of Truth, but when that hath been brought as far as it can to light, our judgment thereupon ought to be calm and cautious.

In prosecution upon probable Grounds, we are accountable only for our industry or remisness, but in judgment; We are deeply responsible to God Almighty, for it's Rectitude or Obliquity in Cases of Life, the Judge is God's Steward of the Parties blood, and must give a strict ac∣count for every drop.

But as I told you Mr. Speaker, I will not insist long upon the Ground of Difference in me now, from what I was formerly.

The truth on't is, Sir, the same Ground whereupon I (with the rest of the Five, to whom you first committed the Consideration of my Lord Strafford) brought down our Opinion, That it was fit he should be Ac∣cused of Treason, upon the same Ground I was engaged with earnestness in his Prosecution, and had the same Ground remained in that force of belief with me, which, till very lately it did, I should not have been tender in his Condemnation. But truly, Sir, to deal plainly with you, that Ground of our Accusation, That Spur to our Prosecution, and that which should be the basis of my judgment, of the Earl of Strafford, as unto Trea∣son, is to my understanding quite vanisht away.

This it was, Mr. Speaker,

His Advising the King to employ the Army of Ireland, to reduce England.

This I was assured would be proved, before I gave my consent to his Accusation. I was confirmed in the same belief, during the Prosecution, and fortified in it most of all since Sir Henry Vane's preparatory Examina∣tion, by the assurances which that worthy Member, Mr. Pym gave me, that his Testimony would be made convincing, by some Notes of what passed at that Iunto concurrent with it, which I ever understanding to be of some other Councellor, you see now, prove but a Copy of the same Secretaries Notes, discovered and produc'd in the manner you have heard, and those such disjoynted Fragments of the Venemous part of Discourses, no Results, no Conclusions of Counsels, which are the only things that Secretaries should Register, there being no use at all of the other, but to Accuse and to bring men into danger.

But, Sir, this is not that which overthrows the Evidence with me, con∣cerning the Army of Ireland, nor yet, that all the rest of the Iunto, upon their Oaths, remember nothing of it.

But this, Sir, which I shall tell you, is that which works with me, under favour, to an utter overthrow of his Evidence, as unto that of the Army of Ireland; before, whilst I was a Prosecutor, and under tie of Secrecy, I might not discover any weakness of the Cause, which now as a Judge I must.

Mr. Secretary was examined thrice upon Oath, at the preparatory Committee.

The first time he was questioned to all the Interrogatories, and to that part of the Seventh, which concerns the Army of Ireland: He said posi∣tively in these words, I cannot Charge him with that. But for the rest, he desires time to recollect himself, which was granted him.

Some days after he was Examined a second time, and then deposes these words, concerning the King's being Absolved from Rules of Government, and so forth, very clearly. But being prest to that part, concerning the Irish Army, He said again, I can say nothing to that.

Here we thought we had done with him, till divers weeks after, my Lord of Northumberland, and all others of the Iunto, denying to have heard any thing concerning those words, Of reducing England by the Irish Army. It was thought fit to Examine the Secretary once more, and then he de∣poses these words to have been said by the Earl of Strafford to His Majesty, You have an Army in Ireland, which you may Imploy here, to reduce (or some word to that sense) this Kingdom.

Mr. Speaker, these are the Circumstances which, I confess with my Conscience, thrust quite out of doors that Grand Article of our Charge, concerning his desperate Advice to the King, of Employing the Irish Army here.

Let not this, I beseech you, be driven to an Aspersion upon Mr. Secre∣tary, as if he should have Sworn otherwise than he knew or believed; he is too worthy to do that; only let thus much be inferred from it, that he, who twice upon Oath, with time of recollection, could not remember any thing of such a business, might well a third time mis-remember some∣what in this business, the difference of one letter, here for there, or that for this, quite alters the Case, the latter also being more probable, since it is confest of all hands, that the Debate then was concerning a War with Scotland; and you may remember, that at the Bar he once said, To em∣ploy there. And thus, Mr. Speaker, I have faithfully given you an account what it is that hath blunted the edge of the Hatchet or Bill with me to∣wards my Lord of Strafford.

This was that whereupon I Accused him with a free heart, Prosecuted him with earnestness, and had it, to my understanding, been proved, should have condemned him with Innocence. Whereas now I cannot satisfie my Conscience to do it.

I profess, I can have no notion of any bodies intent to subvert the Laws Treasonably, or by force; and this design of Force not appearing, all his other wicked Practises cannot amount so high with me.

I can find a more easie and more natural Spring, from whence to derive all his other Crimes, than from an intent to bring in Tyranny, and to make his own Posterity, as well as Us, Slaves; as from Revenge, from Pride, from Avarice, from Passion, and Insolence of Nature.

But had this of the Irish Army been proved, it would have diffused a Complexion of Treason over all, it would have been a Withe, indeed, to bind all those other scattered and lesser branches, as it were, into a Faggot of Treason.

I do not say but the rest may represent him a man as worthy to die, but perhaps worthier than many a Traytor. I do not say, but they may justly direct Us to Enact, That they shall be Treason for the future.

But God keep me from giving Judgment of Death on any man, and of Ruine to his innocent Posterity, upon a Law made a Posteriori.

Let the Mark be set on the door where the Plague is, and then let him that will enter die.

I know, Mr. Speaker, there is in Parliament a double Power of Life and Death by Bill, a Judicial Power, and a Legislative; the measure of the one, is what's legally just; of the other, what is Prudentially and Po∣litickly fit for the good and preservation of the whole. But these two, under favour, are not to be confounded in Judgment: We must not piece up want of legality with matter of convenience, not the defailance of prudential fitness with a pretence of legal Justice.

To Condemn my Lord of Strafford Judicially, as for Treason, my Con∣science is not assured that the matter will bear it.

And I do it by the Legislative Power, my reason consultively cannot agree to that, since I am perswaded, neither the Lords nor the King will pass the Bill, and consequently that Our passing it will be a Cause of great Divisions and Combustions in the State.

And therefore my humble advice is, That laying aside this Bill of Attain∣der, We may think of another, saving only Life, such as may secure the State from my Lord of Strafford, without endangering it, as much by Division concerning his Punishment, as he hath endangered it by his Practices.

If this may not be hearkned unto, Let me conclude, in saying that unto you all, which I have throughly inculcated to mine own Conscience upon this occasion. Let every man lay his hand upon his Heart, and sadly consider what We are going to do, with a Breath, either Justice or Mur∣ther; Justice on the one side, or Murther heightned and aggravated to its supreamest extent. For as the Casuists say, That he who lies with his Sister commits Incest, but he that marries his Sister sins higher, by apply∣ing God's Ordinance to his Crime: So doubtless he that commits Murther with the Sword of Justice, heightens that Crime to the utmost.

The danger being so great, and the Case so doubtful, that I see the best Lawyers in diametral opposition concerning it: Let every man wipe his Heart, as he does his Eyes, when he would Judge of a nice and subtile Object. The Eye if it be pretincted with any colour, is vitiated in its discerning. Let Us take heed of a blood-shotten Eye in Judgment.

Let every man purge his Heart clear of all passions, (I know this great and wise Body-politick can have none, but I speak to individuals, from the weakness which I find in my self) away with personal Animosities, away with all flatteries to the people, in being the sharper against him, because he is odious to them; away with all fears, left by the sparing his blood they may be incens'd; away with all such Considerations, as that it is not fit for a Parliament, that one Accused by it of Treason, should escape with Life.

Let not former Vehemence of any against him, nor fear from thence, that he cannot be safe while that man lives, be an ingredient in the Sen∣tence of any one of Us.

Of all these Corruptives of Judgment, Mr. Speaker, I do before God discharge my self to the uttermost of my power.

And do with a clear Conscience wash my hands of this mans blood, by this solemn Protestation, That my Vote goes not to the taking of the Earl of Strafford's Life.

Ordered, That the Debate of the Bill of Attainder of the Earl of Strafford, be resumed to morrow Morning at Eight of the Clock, and Mr. Speaker is to put the House in mind of this Order.

Ordered, That Sir Edward Cook's Book, Of the Pleas of the Crown, be delivered to the Earl of Strafford's Committee, for the special Service of the House.

Tuesday, April 20th, 1641. Post Merid.

The Committee, according to Yesterdays Order, reassumed the Debate of the Bill of Attainder of the Earl of Strafford.

Mr. Speaker reassumed the Chair.

Ordered, That the House sit this Afternoon at Three of the Clock, and reassume the Debate of the Bill of Attainder against Thomas Earl of Strafford.

The House Resolved into a Committee, Mr. Peard being called to the Chair, then Mr. Speaker reassumed the Chair. * 2.20

Ordered, That the further Debate of the Bill of Attainder of the Earl of Strafford, be reassumed to morrow Morning at Eight of the Clock.

Wednesday, April 21th, 1641. Post Merid.

According to an Order Yesterday made, the House was Resolved into a Committee to Consider of the Bill of Attainder of Thomas Earl of Strafford. Mr. Peard being called to the Chair, then Mr. Speaker reassu∣med the Chair.

Ordered, That the Doors be lock'd, and the Keys brought up to the Table, and that no man go out without leave of the Committee.

Mr. Peard again called to the Chair.

Mr. Peard Reports from the Grand Committee the Bill of Attainder of the Earl of Strafford, with the Additions and Amendments thereunto, the which Addition and Amendments were twice read, and the Bill upon the Question Ordered to be Engrossed.

Ordered, That the House meet this Afternoon at Three of the Clock, and * 2.21 the third time read an Act for the Attainder of Thomas Earl of Strafford of High Treason; and upon the Question for the Passing, the House was divided. The Lord Digby, Mr. Lloyd Tellers for the Yeas, Sir Gilbert Gerrard, Sir Thomas Barington Tellers for the Noes; with the Noes 59, with the Yeas 204. Upon the Report thereof the Bill Past.

Mr. Pym is appointed to carry up the Bill to the Lords, and was further Ordered to express unto the Lords, That it is a Bill that highly concerns the Common-wealth, especially in the expediting of it.

Mr. Pym acquaints the House, That according to the Commands of this House, he had delivered the Bill of Attainder, with special Recommenda∣tions for the Expedition in regard of the Importance, and that this House was ready to justifie the Legality of the Bill, if any way their Lordships should desire a Conference by a Committee of both Houses; the sooner and the more publick the way, shall be the better, and the more agreeable to the desires of this House.

Thursday, April 22th, 1641. Post Merid.

A Message from the Lords by Judge Reeve and Judge Forster.

The Lords have agreed to hear this House in Westminster-Hall at Eight of the Clock on Saturday next, touching the matter of Law in the business of the Earl of Strafford, if this House shall so please.

Answer returned by the same Messengers, That this House has taken their Lordships Message into Consideration, and will send an Answer by Messengers of their own.

Mr. Solicitor St. Iohn is enjoyned by this House to maintain the legal part of the Bill of Attainder of Thomas Earl of Strafford on Saturday Morning next, and Mr. Maynard and Mr. Glyn are adjoyned unto him as Assistants.

Sir Iohn Eveling went up to the Lords with this Message, to desire a free Conference by a Committee of both Houses, concerning their Lord∣ships Message sent this day, touching the matter of Law in the Case of the Trial of the Earl of Strafford.

Mr. Pym, Mr. Pierepoint, Sir Iohn Culpepper, Mr. Fines, Mr. Hampden, and Mr. Prideaux, are to prepare Heads for this Conference with the Lords, and to manage the Conference.

Sir Iohn Eveling brings Answer, That their Lordships will give a pre∣sent meeting, by a Committee of the whole House, as is desired.

The Heads of the Conference, Reported by Mr. Pierepoint, to be desired with the Lords, touching the matter of Law in the Case of the Earl of Strafford.

That this House received a Message from their Lordships this day, to this effect, That their Lordships are ready to hear this House in Westminster-Hall on Saturday Morning next, touching the Point of Law in the Case of Thomas Earl of Strafford, they conceive, this did arise from the Message of this House upon the delivery of the Bill of Attainder of the Earl of Strafford. That this House is ready at a Conference by a Committee of both Houses, to justifie the Justice and Legality of the Bill of At∣tainder.

Mr. Pym, Mr. Stroud, Sir Thomas Barrington, Mr. Hollis, and Sir Io. Hotham, are to prepare Heads for this Conference, and to manage it.

Mr. Pierepoint Reports the Conference had with the Lords, touching the matter of Law, in the Case of the Earl of Strafford. My Lord Privy-Seal said, That the intention of their House was to have proceeded in the former way, to have heard the Council upon the legal part; but since it is your desire to have a Committee of both Houses, to meet at the time and place before appointed; the day being now far spent, and finding something of moment to be considered of, their Lordships will send an Answer by Messengers of their own in time convenient, and therefore shall not meet on Saturday in Westminster-Hall, but will sit on Saturday in their own House.

Friday, April 23th, 1641. Post Merid.

Exceptions were taken by divers Members of the House to the Lord Digby, for many Passages in a Speech of his, delivered at the passing of the Bill of Attainder of the Earl of Strafford. The Lord Digby rose up, and in his place explained himself, touching those several Passages, and there was no more done thereupon at this time.

Saturday, April 24th, 1641. Post Merid.

Two Petitions from divers of the Citizens of London were this day read. (1.) To the House of Commons. (2.) To the Honourable Assembly of the Lords and Commons, as followeth:

To the most Honourable Assembly of the Lords and Commons in this present Parliament. * 3.1

The humble Petition of divers Citizens of London.

SHEWETH,

THat notwithstanding His Majesties Gracious Answer, to the humble Petition of his Loyal Subjects, in Summoning this Parliament, with the great Care and Endeavoured pains taken by both Houses, for the re∣moving the heavy Grievances in Church and Common-wealth; whereof the Petitioners have already received some Fruit, for which they desire to return their most humble and utmost Thanks; yet nevertheless they are enforced, with all Humility, to represent to this most Honourable Assembly, some of those Obstructions which do still hinder that freedom and fulness of Trade in this City they have formerly had, and, which considering the numerous multitude thereupon depending, they conceive it not able comfortably to subsist.

As the unsetled Condition of the Kingdom, even since the Troubles in Scotland, hath caused both Strangers, and also some of our own, who did furnish great Sums of Money to use, to call it in, and remit much of it by Exchange into Forreign Parts, and stand now in expectation of what the Issue of things may be.

The stopping Money in the Mint, which till then was accounted the safest place, and surest Staple in these Parts of the World, still doth hinder the Importation of Bullion; the Scots now disabled to pay such Debts as they owe to the Petitioners, and others in the City; and by reason of the Oppressions exercised in Ireland, their Debts also are detained there.

The English-Trade, by reason of our general Distractions and Fears, is so much decayed, that Country Trades-men cannot pay their Debts in London as formerly.

The great Sums of Money unduly taken by His Majesties Officers and Farmers, for Impositions upon Merchandize Exported and Imported, and the want of Relief in Courts of Justice against them.

The drawing out from the City great Sums of Money (which is the Life and Spirit of Trade) for His Majesties Service in the North, and being there employed, is not yet returned.

Besides all which, from what strong and secret Opposition the Petiti∣oners know not; they have not received what so much time and pains might give and cause to hope, but still Incendiaries of the Kingdoms, and other Notorious Offendors, remain unpunished: The Affairs of the Church, notwithstanding many Petitions concerning it, and long Debate about it, remains unsetled; the Papists still Armed, the Laws against them not Executed, some of the most Active of them still at Court, Priests and Jesuits not yet Banished, the Irish Popish-Army not yet Disbanded, Courts of Justice not yet Reformed, and the Earl of Strafford, who as now appears, hath Counselled the Plundering of this City, and putting it to Fine and Ransom; and said, It would never be well, till some of the Aldermen were hang'd up, because they would not yield to Illegal

Levies of Monies, had so drawn out and spent this time in his business, to the very great Charge of the whole Kingdom, and his endeavour to ob∣tain yet more, all which makes us fear there may be Practices now in hand to hinder the Birth of your great Endeavours, and that we lie under some more dangerous Plot than we can discover.

All which Premisses, with their Fears and Distractions, growing there∣from, and from things of the like nature; the Petitioners humbly offer to the most grave Consideration of this most Honourable Assembly, as being the true Causes of decay of Trade, discouragement of Trades-men, and of the great scarcity of Monies, with the Consequences they labour under.

And do humbly pray, That their said Grievances may be Redressed, the Causes of their Fears removed, Justice executed upon the said Earl, and other Incendiaries and Offenders, the rather, in regard till then the Petitioners humbly conceive neither Religion, nor their Lives, Liberties, or Estates can be secured.

And as in Duty bound, they shall ever pray, &c.

Subscribed to the Petition 20000, all Men of good Rank and Qua∣lity.

After the Petition was Read and Considered.

The Lord Russel goes up to the Lords with this Message, to desire a Conference, by a Committee of both Houses, concerning a Pe∣tition from the City of London, directed to both Houses of Parlia∣ment.

Mr. Glyn is Ordered to manage this Conference, and Mr. Hill to assist him, and to deliver the Petition from the Citizens of London at this Conference, and thence to take occasion of representing the Desires of this House; likewise for the Expediting of the Bill of Attainder of the Earl of Strafford.

Monday, April 26th, 1641. Post Merid.

A Message from the Lords by Judge Reeves and Judge Heath, That they are ready for a Conference, by a Committee of both Houses, to the Peti∣tion presented from London, for which this House sent a Message on Satur∣day last.

Answer returned by the same Messengers, That this House has taken their Lordships Message into Consideration, and will give a meeting pre∣sently, as is desired.

According to an Order on Saturday last, Mr. Glyn and Mr. Hill went up to manage this Conference, and Sir Walter Earle is Ordered to manage Mr. Pym's part, in respect of his absence at this time.

Tuesday, April 27th, 1641. Post Merid.

A Message from the Lords by Judge Foster and Judge Heath, That their Lordships will be ready to meet at a Conference, by a Committee of both Houses, at Nine of the Clock upon Thursday Morning in West∣minster-Hall, and there to hear this House, according to their own offer, when they brought up the Bill of Attainder of the Earl of Strafford.

Answer returned by the same Messengers, That this House has taken their Lordships Message into Consideration, and is Resolved to give a meeting at the time and place, as is appointed.

Wednesday, April 28th, 1641. Post Merid.

Ordered, That Mr. Solicitor St. Iohn have Power to send for such Records, as he shall think needful for that Service committed unto him, for maintaining the Point of Law, in the Case of the Earl of Straf∣ford.

The same Committee as was formerly appointed to keep the Doors at Westminster-Hall, is appointed to keep the Doors again to morrow.

Mr. Solicitor, and Mr. Maynard, and Mr. Glyn, appointed as Assistants unto him, are to sit in the most convenient places in the middle of the lower Rank.

Mr. Edward Hide went up to the Lords with this Message, to acquaint their Lordships, That the House hath received such Information, as hath moved some Fears in them, that the Earl of Strafford may have a design to Escape, that he hath Ships at Sea at Command, and that the Guards about him are weak; therefore to desire their Lordships he may be a close Prisoner, and the Guards strengthened.

Mr. Hide brings this Answer, That their Lordships had heretofore given Directions to the Lieutenant of the Tower, that he should be close Prisoner, and take Care for a stronger Guard, and will take it into Examination, and give Directions as is desired.

Friday, April 30th, 1641. Post Merid.

Ordered, That Mr. Solicitor be required from this House, to bring in a particular Copy of his Argument Yesterday in Westminster-Hall, and likewise that Mr. Pym bring him a Copy of the Speeches spoken by him in Westminster-Hall, both at the beginning and latter end of the Trial of the Earl of Strafford.

A Copy of the Paper posted up at the Corner of the Wall of Sir William Bron∣kard's House, in the Old Palace-Yard in Westminster, declaring the fol∣lowing Names to be Enemies of Iustice.

• The Lord Digby,
• Lord Compton,
• Lord Buckhurst,
• Sir Robert Hatton,
• Sir Thomas Fanshaw,
• Sir Edward Alford.
• Nicholas Slanning,
• Sir Thomas Danby,
• Sir George Wentworth,
• Sir Peter Wentworth,
• Sir Fred. Conwallis,
• Sir William Carnaby.
• Sir Richard Winn,
• Sir Gervas Cliffton,
• Sir William Withrington,
• Sir William Pennyman,
• Sir Patrick Carwin,
• Sir Richard Lee,
• Sir Henry Slingsby,
• Sir William Portman,
• Mr. Gervas Hollis,
• Mr. Sydney Godolphin,
• Mr. Cook,
• Mr. Coventry,
• Mr. Kirton,
• Mr. Pollard,
• Mr. Price,
• Mr. Trevanyon,
• Mr. Ieane,
• Mr. Edgcombe,
• Mr. Ben. Weston,
• Mr. Selden,
• Mr. Alford,
• Mr. Loyd,
• Mr. Herbert,
• Captain Digby,
• Serjeant Hyde,
• Mr. Tayler,
• Mr. Richard Weston,
• Mr. Griffith,
• Mr. Scawen,
• Mr. Bridgman,
• Mr. Fettyplace,
• Doctor Turner,
• Captain Charles Price,
• Doctor Parry a Civilian,
• Mr. Richard Arundel,
• Mr. Newport,
• Mr. Nowell,
• Mr. Chichley,
• Mr. Mallory,
• Mr. Porter,
• Mr. White, Secretary to E. D.
• Mr. Warwick.

It is a Presumption that these Names were thus Posted up by some of * 3.2 those who came in multitudes to the Parliament House, but he that took the List of their Names (as Mr. Elsing told the Author) was one Mr. W—who Served for some Borough in the County of Wilts, and who did not afterwards go to the King at Oxford in time of War, though his Wife did; but he staid in the Parliament to do what friendly Office he could for the King and his Party: It is probable he gave a Copy of those Names to some Friends, not intending to have the same made Publick in that manner. The Name of one Member of the House that was in the List, who is omitted in this, viz. Sir Iohn Strangwayes, who was not then in Town, but Sir Iohn, after his Return out of Dorsetshire, complained that his Name was Posted up amongst others, and moved, that the business might be Examined how the List came abroad, and was made Publick, as aforesaid, he being then in the Country.

Wednesday, May 5th, 1641.

Mr. Solicitor is appointed to bring in his Argument he made in Westmin∣ster-Hall, at the Trial of the Earl of Strafford on Monday last.

A Message from the Lords by Judge Reeves and Judge Forster, That they give this House Thanks for sitting so long, that they are still in Debate of the Bill against the Earl of Strafford, so that this Night they cannot be ready for a Conference.

Saturday, May 8th, 1641.

A Message from the Lords by Judge Forster and Judge Heath, That the Bill of Attainder of Thomas Earl of Strafford is passed their House, with∣out any Alteration or Amendments.

Ordered, That a Message be sent to the Lords, to desire a free Confe∣rence, by a Committee of both Houses, concerning the Bill of Attainder of Thomas Earl of Strafford.

Mr. Hotham is to go up with this Message, Mr. Pym is to manage this Con∣ference, the substance whereof is:

That in regard the Peace of the Kingdom doth much consist in the Exe∣cution of the Bill of Attainder of Thomas Earl of Strafford, to desire their Lordships to move His Majesty as speedily as may be to give His Assent.

Mr. Hotham brings Answer, That the Lords will give a present meeting at a free Conference, by a Committee of both Houses, as is desired.

Mr. Pym Reports, That he had performed the Command of this House.

Ordered, That this House shall joyn with the Lords, to attend His Majesty, to appoint a time when He would be pleased to set, concerning His Assent to the Bill of Attainder of Thomas Earl of Strafford.

Mr. Pym brings word, That the Lords have sent to His Majesty, and this House shall hear from them very speedily.

A Message from the Lords by Judge Forster and Judge Heath, That the Lords appointed by their House, attended His Majesty, who appointed that both Houses should attend Him at Four of the Clock in the Ban∣queting-House, concerning the Bill of Attainder: That they have Passed the Bill concerning the not Dissolving the Parliament.

Monday, May 10th, 1641.

The Gentleman-Usher of the Black-Rod came to signifie to the House, That His Majesties Assent to the Bill of Attainder is now to be given by Commission, and that the Lords did expect Mr. Speaker and the House of Commons to come up.

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 Earl, in haec verba, Now the said Commons do further Impeach the said Earl as followeth, (That is to say,)

I.

That the said Earl of Strafford the 21th 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 Seal 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 limitted to the said Earl, and others the Commissioners therein named, to hear and determine all Offences, and Misdemeanors, Suits, Debates, Controversies and De∣mands, Causes, Things and Matters, whatsoever therein contained, and within certain Precincts in the said Northern Parts therein spe∣cified, and in such manner as by the said Schedule is limitted 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 Procéedings in the Court of Star-Chamber, divers Offences, Deceits and Falsities therein mentioned, whether the same be provided for by Acts of Parliament or not, so that the Fines imposed be not less than by the Act or Acts of Parliament pro∣vided 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 Lands, 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 practise 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 Iurisdiction 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, Ransome, Punish, and Imprison them; and caused them to be Fined, Ransomed, Punished and Imprisoned, to their Ruine and Destruction; and namely, Sir Coniers Darcy, Sir John Bourcher, and divers others, against the Laws, and in subversion 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 exercised with the greater Licence and Will, did advise, coun∣sel, 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 Decrée and Order of the said Council.

And the said Earl in the 13th Year of His Majesties Reign, did pro∣cure a new Commission to himself, and others therein appointed, with the said Instructions, and other unlawful Additions.

That the said Commission and Instructions were procured by the solli∣citation and advice of the said Earl of Strafford.

II.

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 Govern∣ment, and to terrifie the Iustices, of the Peace from executing of the Laws: He the said Earl, being then President, as aforesaid, and a Iustice of Peace) did publiquely at the Assizes held for the County 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 Iustice according to Law, and (in the presence of the Iustices sitting) that some of the Iustices were all for Law, and nothing would please them but Law; but they should find that the King's little Finger should be heavier than the Loines of the Law.

III.

That the Realm of Ireland having been time out of mind annexed to the Imperial Crown of this His Majesties Realm of England, and Governed by the same Laws: The said Earl being Lord Deputy of that Realm, 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 setled 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 Ma∣jesties Reign, in the City of Dublin (the chief City of that Realm, where His Majesties Privy-Council, and Courts of Iustice do ordina∣rily reside, and whither the Nobility and Gentry of that Realm do usu∣ally resort for Iustice,) in a publick Speech before divers of the Nobi∣lity and Gentry of that Kingdom, and before the Mayor, 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 do with them what he pleased; and speaking of the Charters of former Kings of England made to that City, he further then said, That their Charters were nothing worth, and did bind the King no further than He pleased.

IV.

That Richard Earl 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-Table of the said Realm of Ireland, upon a Paper-Petition, without Legal procéeding, did the 20th day of February, in the Eleventh Year of His now Majesties Reign, threaten the said Earl (being then a Péer of the said Realm) to imprison him, unless he would surcease his Suit, and said, That he would have neither Law nor 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-Table of that Realm, made in the time of King James, which concerned a Lease, which the said Earl of Cork claimed in cer∣tain Rectories or 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, or 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 sundry other times, and upon sundry other occasions, by his words and spéeches arrogate to himself a Power above the Fundamental Laws, and Established Government of that Kingdom, and scorned the said Laws and Established Govern∣ment.

V.

That according to such his Declarations and Spéeches, 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 Go∣vernment of the said Realm of Ireland, extending such his Power, to the Goods, Fréeholds, 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 yet a Péer of the said Realm of Ireland, and then Uice-Treasurer and Receiver-General of the Realm of Ireland, and Treasurer at War, and one of the Principal Secretaries of State, and kéeper 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 or Autho∣rity of Law or 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 Fourtéenth Year of His Majesties Reign, without any Legal or due Procéedings or Trial, give and cause to be given, a Sen∣tence of Death against one other of His Majesties Subjects, whose name is yet unknown, and caused him to be put to Death, in execution of the same Sentence.

VI.

That the said Earl of Strafford, without any Legal Procéedings, and upon a Paper-Petition of Richard Rolston, did cause the said Lord Mountnorris to be disseised, and put out of Possession of his Free∣hold 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.

VII.

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, com∣monly called The Case of Tenures upon defective Titles, to be made and drawn up without any Iury or Tryal, or other Legal Process, and without the consent of Parties, and did then procure the Iudges of the said Realm of Ireland, to deliver their Opinions and Resolu∣tions to that case, and by colour of such Opinion, did without any Legal procéeding, cause Thomas Lord Dillon, a Péer of the said Realm of Ireland, to be put out of the possession of divers Lands and Tene∣ments, being his Fréehold in the Country 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 Fréehold by colour of the same Resolution, without Legal proceedings, whereby many hundreds of His Majesties Subjects were undone, and their Families utterly ruinated.

VIII.

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 Decrée or Order against Adam Uiscount Loftus of Ely, a Peer of the said Realm of Ireland, and Lord Chancellor of Ireland, and did cause the said Uis∣count to be imprisoned, and kept close Prisoner, on pretence of Disobe∣dience to the said Decree or Order.

And the said Earl, without any Authority, and contrary to his Com∣mission, required and commanded the said Lord Uiscount 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 Thirtéenth Year imprison George Earl of Kildare, a Péer of Ireland, against Law, thereby to enforce him to submit his Title to the Mannor and Lordship of Castle∣leigh in the Quéens Country, (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 Uote and Opinion for the said Lady; but the said Earl finding fault herewith, caused an Order to be entred against the said Lady, and threatned her, that if she refused to submit thereunto, he would imprison her, and fine her Five hundred pounds; that if she con∣tinued 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 like manner did imprison divers others of His Majesties Subjects, upon pretence of Disobedience to his Orders, De∣crées, and other illegal Command 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.

IX.

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 Gaol, until they should either perform such Sentences, or put in sufficient 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.

X.

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 Ualues and Prices than in truth they were worth (that is to say) every Hyde 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 Niue 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 Mer∣chandise.

XI.

That the said Earl, in the Ninth Year of His Majesties Reign, did by his own Will and Pleasure, and for his own Lucre, restrain the Exportation of the Commodities of that Kingdom without his Li∣cence, as namely, Pipe-staves, and other Commodities, and then raised great Sums of Money for Licences of Exportation of those Commodities, and dispensation of the said Restraints imposed on them, by which means the Pipe-staves were raised from Four pound ten shillings, or Five pound per thousand, to ten pounds, and sometimes Eleven pound per thousand; and other Commodities were enhanced in the like proportion, and by the same means, by him the said Earl.

XII.

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 said Realm of Ireland, issue a Proclamation in His Majesties Name, pro∣hibiting the Importation of Tobacco, without Licence of Him and the Council there, from and after the First day of May, Anno Dom. 1638. after which Restraint, the said Earl, notwithstanding the said Restraint, caused divers great quantities of Tobacco to be Imported to his own use, and fraughted divers Ships with Tobacco, which he Imported to his own use: and that if any Ship brought Tobacco into any Port there, the said 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 vent the same there; by which undue means, the said Earl having gotten the whole Trade of Tobacco into his own hands, he sold it at great and excessive prizes, such as he list to Impose for his own profit.

And the more to assure the said Monopoly of Tobacco, he the said Earl on the Thrée and twentieth day of February, in the Thirteenth Year 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 be made up into Rolls, and the same sealed with two Seals by himself appointed, one at each end of the Roll. And such as was not sealed, to be seized, ap∣pointing six 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 Gaol; which last Proclamation was coloured by a pretence for the restraining of the sale of unwholesome Tobacco, but it was truly to advance the said Monopoly.

Which Proclamation the said Earl did rigorously put in execution, by seizing the Goods, Fining, Imprisoning, Whipping, and putting the Offenders against the same Proclamation on the Pillory; as namely, Banaby Hubbard, Edward Cavena, John Tumen, and divers others; and made the Officers of State, and Iustices of Peace, and other Offi∣cers to serve him in the compassing and executing these unjust and undue

Courses, by which Cruelties, and unjust Monopolies, the said Earl raised 100000 l. per annum gain to himself. And yet the said Earl though he enhanced the Customs, where it concerned the Merchants in general, yet drew down the Impost, 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 Earl, by the same, and other rigorous and undue means, raised several other Monopolies and unlawful Exactions for his own gain, viz. on Starch, Iron-pots, Glasses, Tobacco-pipes, and several other Commodities.

XIII.

That Flax being one of the principal and Native Commodities of that Kingdom of Ireland, the said Earl 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 thirtieth day of May, and the Twelfth of His Majesties Reign; and the other dated the One and thirtieth day of January in the same Year, thereby pre∣scribing and enjoyning the working of Flar into Yarn and Thread, and the Ordering of the same in such ways wherein the Natives of that Kingdom were unpractized and unskilful: which Proclamations so issued, were by his Commands and Warrants to His Majesties Iustices of Peace, and other Officers, and by other rigorous means put in Execu∣tion, and the Flax wrought or ordered in other manner than as the said Proclamation prescribed, was seized and employed to the use of him and his Agents, and thereby the said Earl endeavoured to gain, and did gain in effect the sole Sale of that Native Commodity.

XIV.

That the said Earl, by Proclamation dated the Sixteenth of Octo∣ber, in the Fourteenth Year of His Majesties Reign, did impose upon the Owners, Masters, Pursers, and Boat-Swaines of every Ship, a new and unlawful Oath, viz. That they (or two or more of them) im∣mediately after the arrival of any Ship within any Port or Créek in the said Kingdom of Ireland, should give in a true In-voice of the outward bulk of Wares and Merchandizes first laden aboard them, together with the several marks and number of Goods, and their qualities and condition of the said Goods, 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.

XV.

That the said Earl of Strafford trayterously and wickedly devised and contrived, by force of Arms, and in a War-like manner, to subdue the Subjects of the said Realm of Ireland, and to bring them under his Tyrannical Power and Will; and in pursuance of his wicked and trayterous Purposes aforesaid, the said Earl of Strafford, in the Eighth Year of His Majesties Reign, did, by his own Authority, without any

Warrant or 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 Realm of Ireland; and did cause the same to be levied upon the Inhabitants of those Towns by Troops 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 Realm, 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 Garrisons. 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 Realm, 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 Horse and Foot, armed in War-like manner, and in War-like array, with Force and Arms, to expel Richard Butler from the Possession of the Mannor of Castle-Cumber, in the Territory of Idough, in the said Realm of Ireland, and did likewise, and in the War-like manner, expel 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 there 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 Govern∣ment of the said Kingdom of Ireland, subdued divers others of His Ma∣jesties Subjects there to his will, and thereby, and by the means afore∣said, hath levied War within the said Realm against His Majesty and His Liege-people of that Kingdom.

XVI.

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 Proposition, 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 Usurped tyrannical and exor∣bitant Power, expressed in the former Articles, Destroyed and Oppressed the Péers, and other Subjects of that Kingdom of Ireland, in their Lives, Consciences, Land, 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 Ma∣jesties Name in the execution of the said Power.

And to prevent the Subjects of that Realm of all means of Complaints to His Majesty, and of redress 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 Maje∣sties 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 Licence 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 re∣strained from seeking relief against the Oppressions of the said Earl, without his Licence; which Proclamation the said Earl hath by seve∣ral rigorous waies, 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 Oppressi∣ons of the said Earl.

XVII.

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 scandal of His Majesties Government, of all His Kingdoms; and in further Execu∣tion of his wicked Purposes aforesaid, speaking of the Army in Ire∣land, 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 King∣doms.

XVIII.

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 Masse-Houses, (which had béen 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 Re∣ligion.

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, 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 Earl.

And the more to engage and tie the said new Army of Papists to him∣self, and to encourage them, and to discourage and weary out the said old Army, the said Earl 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 Year and upwards unpaid.

And the said Earl being appointed a Commissioner within eleven several Counties of the Northern parts of England, for Compound∣ing 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 Procéedings against them in all His Majesties Courts, both Temporal and Ecclesiastical, in manifest breach of, and con∣trary to the Laws and Statutes of this Realm, in that behalf Established.

XIX.

That the said Earl having Taxed and Levied the said Imposi∣tions, 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 Maje∣sties Reign, did of his own authority contrive 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 pro∣test against any His Majesties Royal Commands, but submit him∣self in all due obedience thereunto. Which Oath he so contriv'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 de∣stroyed and exiled; 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 Liege-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 Supre∣macy 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.

XX.

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 Reign, he, the said Earl did labour and endeavour to perswade, incite and provoke His Majesty to an offensive War against His said Subjects of the Scotish Nation: And the said Earl, by his Counsels, Actions, and Endeavours, hath béen, and is a principal and chief Incendiary of the War and Discord between His Majesty and His Subjects of England, and the said Sub∣jects 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 rancour of his mind towards His Majesties Subjects of the Scotish Nation, viz. the Tenth day of October, in the Fiftteenth Year of His Majesties Reign, 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 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 prece∣dent 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 set on the said War.

XXI.

That the said Earl of Strafford, shortly after his Spéeches 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 Lieu∣tenant 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 procéeding of the Par∣liament there.

And having incited His Majesty to an Offensive War against His Sub∣jects of Scotland by Sea and Land, and by pretext thereof, 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 procéedings 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 en∣couragement of His Majesty to hearken to his advice, he did before His Majesty and His Privy-Council, then sitting in Council, 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 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 Horse, being for the most part Papists, as aforesaid. And confederacing 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 Ma∣iesties Subjects, and of altering and subderting 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 trie 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 néeded, 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.

XXIII.

That upon the Thirtéenth 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 publique 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 Spéeches 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 Grievan∣ces, wherewith this Kingdom was then afflicted. Whereupon a Demand was then made from His Majtsty, 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 Resolu∣tion 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, falsly and maliciously endeavour to incense His Majesty against His loving and faithful Sub∣jects, who had béen 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 imploy to reduce this Kingdom.

XXIV.

That in the same month of May, he the said Earl of Strafford, falsly, traiterously, 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 ad∣vantage to supply Himself by other ways, and several other times he did maliciously, wickedly, and falsly publish and declare, That seeing the Par∣liament had refused to supply His Majesty in the ordinary and usual way, the King might provide for the Kingdom in such waies, as He should hold fit, and that He was not to suffer Himself to be mastered by the froward∣ness and undutifulness of the people.

And having so maliciously standered the said late House of Commons, he did with the help and advice of the said Archbishop of Canterbury and the Lord Finch, late Lord Kéeper of the Great Seal of England, cause to be printed and published in His Majesties Name a false and scandalous Book, entituled, His Majesties Declaration of the Causes that moved Him to Dis∣solve 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 months of May and June) he the Earl of Strafford, did advise the King to go on vigorously in levying the Ship-money, and did procure the Sheriffs of several Counties to be sent for, for not levying the Ship-money, divers of which were threatned by him to be sued in the Star-Chamber, and afterwards by his advice 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 refu∣sing 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 Ransom, and that no good would be done with them, till an example were made of them, and that they were laid by the héels, and some of the Aldermen hanged up.

XXVI.

That the said Earl by his wicked Counsels, having brought His Ma∣jesty 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 imbase His Majesties Coin with the mixtures of Brass.

And accordingly he procured one hundred and thirty thousand pounds which was then in the Mint, and belonging to divers Merchants, Stran∣gers, and others to be seized on and stayed, to His Majesties use. And when divers Merchants of London, Owners of the said Bullion and Money, 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 hindring the importation of Bullion; he the said Earl told them, that the City of London dealt un∣dutifully 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 imbasing the said money, he told them, That the French King did use to send Commis∣saries of Horse with Commission to search into mens Estates, and to per∣use 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.

XXVII.

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 Tax on His Maje∣sties Subjects in the County of York of eight pence per diem, for mainte∣nance 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 and they that refused it, were in very little better condition than of High Treason.

XXVIII.

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 malitious desire to en∣gage the Kindgoms 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 ap∣parent 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, traiterously, and contrary to his Allegiance to our Soveraign 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 Soveraign 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 Ex∣cellent Majesty, and a sworn Privy-Counsellor to His Majesty for His Kingdoms both of England and Ireland, and Lord President of the North during the time that all and every 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 Straf∣ford 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 ac∣count of them in this place, with particular References; which may, by the Reader, be easily supplyed.

The Names of the Managers.

• 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.

To the First Article.

• Fol. 138. Line 29. Mr. Maynard.
• Fol. 139. Line 3. M. Maynard.
• Fol. 142. Line 17. M. 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.

To the Second Article.

• Fol. 149. Line 14. Mr. Maynard.
• Fol. 153. Line 6. Mr. Glyn.
• Fol. 152. Line 14. Mr. Maynard.
• Ibid. Line 16. Mr. Maynard.
• Ibid. Line 18. Mr. Maynard.
• Fol. 154. Line 4. Mr. Maynard.
• Ibid. Line 32. Mr. Maynard.
• Fol. 155. Line 7. Mr. Maynard.

To the Third Article.

• Fol. 156. Line 8. Mr. Maynard.
• Fol. 164. Line 9. Mr. Maynard.
• Ibid. Line 22. Mr. Glyn.
• Ibid. Line 17. Mr. Maynard.
• Ibid. Line 28. Mr. Maynard.
• Fol. 165. Line 7. Sir Io. Clotworthy.
• Ibid. Line 36. Mr. Maynard.
• Fol. 167. Line 25. Mr. Pym.
• Fol. 157. Line 11. Mr. Maynard.
• Fol. 168. Line 16. Mr. Pym.
• Fol. 158. Line 2. Lord Digby.
• Ibid. Line 25. Mr. Pym.
• Ibid. Line 37. Mr. Maynard.
• Ibid. Line 34. Mr. Maynard.
• Fol. 163. Line 42. Mr. Maynard.
• Fol. 171. Line 28. Mr. Maynard.

To the Fourth Article.

• Fol. 173. Line 30. Mr. Glyn.
• Fol. 183. Line 10. Mr. Maynard.
• Fol. 174. Line 8. Mr. Glyn.
• Fol. 184. Line 11. Mr. Glyn.
• Fol. 179. Line 44. Mr. Glyn.
• Fol. 185. Line 1. Mr. Maynard.
• Fol. 180. Line 37. Mr. Maynard.

To the Fifth Article.

• Fol. 185. Line 21. Mr. Glyn.
• Ibid. Line 35. Mr. Maynard.
• Fol. 188. Line 17. Mr. Glyn.
• Fol. 202. Line 31. Mr. Maynard.
• Fol. 198. Line 1. Mr. Glyn.
• Ibid. Line 36. Mr. Maynard.
• Fol. 201. Line 19. Mr. Glyn.
• Fol. 204. Line 5. Mr. Glyn.
• Fol. 202. Line 7. Mr. Maynard.

To the Sixth Article.

• Fol. 205. Line 6. Mr. Glyn.
• Fol. 216. Line 22. Mr. Maynard.
• Fol. 206. Line 31. Mr. Glyn.
• Fol. 217. Line 21. Mr. Palmer.
• Ibid. Line 37. Mr. Glyn.
• Fol. 218. Line 17. Mr. Glyn.
• Fol. 210. Line 38. Mr. Glyn.
• Ibid. Line 21. Mr. Glyn.
• Fol. 213. Line 23. Mr. Glyn.
• Fol. 219. Line 32. Mr. Stroud.
• Ibid. Line 29. Mr. Glyn.

To the Eighth Article.

• Fol. 222. Line 8. Mr. Glyn.
• Fol. 228. Line 10. Mr. Glyn.
• Ibid. Line 34. Mr. Glyn.
• Ibid. Line 26. Mr. Glyn.
• Fol. 223. Line 22. Mr. Glyn.
• Fol. 229. Line 11. Mr. Glyn.
• Ibid. Line 42. Mr. Maynard.
• Ibid. Line 33. Mr. Glyn.
• Fol. 226. Line 42. Mr. Glyn.
• Fol. 233. Line 25. Mr. Glyn.

To the Ninth Article.

• Fol. 236. Line 16. Mr. Glyn.
• Fol. 239. Line 14. Mr. Maynard.
• Fol. 238. Line 22. Mr. Glyn.
• Fol. 240. Line 10. Mr. Glyn.

Notes

• * 1.1

  Resolved to Accuse the E. of strafford of High Treason.
• * 1.2

  Report of the Message of High Treason.
• * 1.3

  Message of Se∣questration of E. of Strafford.
• * 1.4

  The Lord Keeper to the E. of Strafford.
• * 1.5

  Message from the Lords.
• * 1.6

  Conference, that Ports of Ireland shall be open.
• * 1.7

  Committee how to send for Sir George Ratcliff.
• * 1.8

  Mr. Speaker to sit at the Grand Com∣mittee for Irish Affairs.
• * 1.9

  Irish Affairs.
• * 1.10

  Committee concerning the Earl of Strafford.
• * 1.11

  Resolutions thereupon.
• * 1.12

  Sir Robert King to be sent for.
• * 1.13

  Expedition.
• * 1.14

  Mr. Treasurer Reports the Message from the King.
• * 1.15

  No Member to visit the Earl of Strafford without leave.
• * 1.16

  Message to the Lords for a Committee to examine Wit∣nesses.
• * 1.17

  Approbation of the Lords Petitioners for a Parliament.
• * 1.18

  Petition to be Entred.
• * 1.19

  Speedy exa∣minations a∣gainst the Earl of Strafford by Members of both Houses.
• * 1.20

  Committee to search Attain∣ders.
• * 1.21

  Report Irish Remonstrance.
• * 1.22

  Book of Peti∣tions sent for over.
• * 1.23

  Warrants for Taxes upon Tobacco.
• * 1.24

  Entries of Im∣positions.
• * 1.25

  Articles a∣gainst the Earl of Strafford.
• * 1.26

  Articles to be engrossed.
• * 1.27

  Conference concerning the Earl of Strafford's Ar∣ticles.
• * 1.28

  Articles in∣grossed.
• * 1.29

  Mr. Pym gets leave to speak.
• * 1.30

  Mr. Pym Re∣ports the Con∣ference.
• * 1.31

  Thank's to Mr. Pym.
• * 1.32

  Message for a Conference.
• * 1.33

  Answer.
• * 1.34

  Mr. Whistler's Report from the Commit∣tee for Irish Affairs.
• * 1.35

  A Committee to meet a Committee of the House of Lords about the Examina∣tion of Wit∣nesses, in the Case of the E. of Strafford.
• * 1.36

  Petition from the Parlia∣ment in Ire∣land read.
• * 1.37

  Sir George Rat∣cliff not to speak with, or write to the E. of Strafford.
• * 1.38

  A Troop of Reformado Officers in the Army to be disbanded.
• * 1.39

  A Message for a Conference for some of the Members to be present at the Exami∣nation of Wit∣nesses.
• * 1.40

  Mr. Pym's Re∣port.
• * 1.41

  A Message by the Commons.
• * 1.42

  Sir George Rat∣cliff to come in by a day.
• * 1.43

  A Report of the Confe∣rence for the Lords Mem∣bers to be exa∣mined.
• * 1.44

  Another Mes∣sage concern∣ing Members to be present at the Exami∣nation.
• * 1.45

  A Protestation of Secrefie.
• * 1.46

  Articles a∣gainst Sir George Ratcliff.
• * 1.47

  A Message.
• * 1.48

  Ratcliff.
• * 1.49

  Irish Army.
• * 1.50

  Petitions re∣ferred to the Sub-Commit∣tee.
• * 1.51

  Depositions concerning the Earl of Strafford.
• * 1.52

  A Message concerning Examinations.
• * 1.53

  The further Impeachment of the Earl of Strafford.
• * 1.54

  Sequestration of Thomas Earl of Strafford.
• * 1.55

  To open Let∣ters.
• * 1.56

  Concerning Council for the Earl of Strafford.
• * 2.1

  The little Fin∣ger of the Law
• * 2.2

  Ireland a Con∣quered Nation
• * 2.3

  Lawyers not to dispute the Orders of the Council-Board, in the Earl of Cork's Case.
• * 2.4

  Lord Mount∣norris senten∣ced to suffer death by Mar∣tial Law.
• * 2.5

  The Lord Mountnorris put out of Possession.
• * 2.6

  Lord Dillon his Patent questioned.
• * 2.7

  The Lord Loftus close Prisoner, not delivering the Great Seal.
• * 2.8

  The Earl of Kildare Com∣mitted.
• * 2.9

  Committee to consider of the Proof.
• * 2.10

  Members to manage the Evidence.
• * 2.11

  No Replicati∣on to the Earl's Answer.
• * 2.12

  Concerning the manner of the Trial of the Earl.
• * 2.13

  Concerning the place of Trial, and the Council for the Earl.
• * 2.14

  The time of the Trial.
• * 2.15

  Concerning the Place for the Trial.
• * 2.16

  Members ap∣pointed to View the place of Trial.
• * 2.17

  E of Strafford's Petition read.
• * 2.18

  The great Hall in Westminster appointed for the Trial of Thomas Earl of Strafford.
• * 2.19

  Menday.
• * 2.20

  (Afternoon.)
• * 2.21

  (Afternoon.)
• * 3.1

  The Petition of divers Citi∣zens of London to both Houses of Parliament, wherein is an accompt of their Grievan∣ces, together with their de∣sires for Ju∣stice to be exe∣cuted upon the E. of Strafford, and other De∣linquents.
• * 3.2

  A Memorial of the Member that first took the Names.