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.

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.