29.: The Act for the Attainder of the Earl of Strafford. - Samuel Rawson Gardiner, The Constitutional Documents of the Puritan Revolution, 1625-1660 [1906]
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The Constitutional Documents of the Puritan Revolution, 1625-1660, selected and edited by Samuel Rawson Gardiner (Oxford: Clarendon Press, 1906).
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- Preface to the Second Edition
- Introduction
- I.: To the Meeting of the Third Parliament of Charles I. [—— 1628.]
- II.: From the Meeting of the Third Parliament of Charles I to the Meeting of the Long Parliament. [1628-1640.]
- III.: From the Meeting of the Long Parliament to the Outbreak of the Civil War. [1640-1642.]
- IV.: From the Outbreak of the Civil War to the Execution of the King. [1642-1649.]
- V.: The Commonwealth and Protectorate. [1649—1660.]
- Part I: From the Accession of Charles I to the Meeting of the Third Parliament of His Reign.
- 1.: Speech of Sir Nathaniel Rich, Proposing Terms On Which the House of Commons May Be Prepared to Grant Supply.
- 2.: Protestation of the Commons.
- 3.: Documents Relating to the Impeachment of the Duke of Buckingham.
- 4.: The Restraint of the Earls of Arundel and Bristol.
- 5.: The King’s Letter and Instructions For the Collection of a Free Gift.
- 6.: Commission For Raising Tonnage and Poundage With Impositions.
- 7.: The Commission and Instructions For Raising the Forced Loan In Middlesex.
- 8.: The Case of the Five Knights, Before the Court of King’s Bench.
- Part II: From the Meeting of the Third Parliament of Charles I. To the Meeting of the Long Parliament.
- 9.: Notes of a Bill Brought In By Sir Edward Coke to Secure the Liberties of the Subject.
- 10.: The Petition of Right.
- 11.: The Remonstrance Against Tonnage and Poundage.
- 12.: The King’s Speech At the Prorogation of Parliament At the End of the Session of 1628.
- 13.: The King’s Declaration Prefixed to the Articles of Religion.
- 14.: Resolutions On Religion Drawn By a Sub-committee of the House of Commons.
- 15.: Protestation of the House of Commons.
- 16.: The King’s Declaration Showing the Causes of the Late Dissolution.
- 17.: The Declaration of Sports 1 .
- 18.: Act of the Privy Council On the Position of the Communion Table At St. Gregory’s.
- 19.: Specimen of the First Writ of Ship-money.
- 20.: The King’s Case Laid Before the Judges, With Their Answer 2 .
- 21.: Extracts From the Speech of Oliver St. John In the Ship-money Case.
- 22.: Extracts From the Argument of Sir Robert Berkeley, Justice of the King’s Bench.
- 23.: The Scottish National Covenant.
- 24.: Petition of Twelve Peers For the Summoning of a New Parliament.
- 25.: The King’s Writ Summoning the Great Council.
- Part III: From the Meeting of the Long Parliament to the Outbreak of the Civil War.
- 26.: The Root and Branch Petition.
- 27.: The Triennial Act.
- 28.: The Protestation.
- 29.: The Act For the Attainder of the Earl of Strafford.
- 30.: The Act Against Dissolving the Long Parliament Without Its Own Consent.
- 31.: The Tonnage and Poundage Act.
- 32.: The Ten Propositions.
- 33.: Bill On Church Reform Bead Twice In the House of Lords 1 .
- 34.: The Act For the Abolition of the Court of Star Chamber.
- 35.: The Act For the Abolition of the Court of High Commission.
- 36.: Act Declaring the Illegality of Ship-money.
- 37.: Act For the Limitation of Forests.
- 38.: Act Prohibiting the Exaction of Knighthood Fines.
- 39.: Resolutions of the House of Commons On Ecclesiastical Innovations.
- 40.: Order of the House of Lords On the Services of the Church.
- 41.: Extract From the Instructions to the Committee In Scotland, Proposed By the House of Commons.
- 42.: The King’s Speech to the Recorder of the City of London.
- 43.: The Grand Remonstrance, With the Petition Accompanying It.
- 44.: The King’s Proclamation On Religion.
- 45.: The King’s Answer to the Petition Accompanying the Grand Remonstrance.
- 46.: The Impeachment of One Member of the House of Lords, and of Five Members of the House of Commons.
- 47.: A Declaration of the House of Commons Touching a Late Breach of Their Privileges.
- 48.: The Clerical Disabilities Act.
- 49.: The Impressment Act.
- 50.: The Militia Ordinance.
- 51.: The Declaration of the Houses On Church Reform.
- 52.: The King’s Proclamation Condemning the Militia Ordinance.
- 53.: The Nineteen Propositions Sent By the Two Houses of Parliament to the King At York.
- 54.: Declaration of the Houses In Defence of the Militia Ordinance.
- 55.: The King’s Letter Sent With the Commissions of Array to Leicestershire.
- 56.: The Votes of the Houses For Raising an Army.
- Part IV: From the Outbreak of the Civil War to the Execution of the King.
- 57.: The Propositions Presented to the King At the Treaty of Oxford.
- 58.: The Solemn League and Covenant.
- 60.: The Ordinance Appointing the Second Committee of Both Kingdoms.
- 61.: The Propositions of the Houses Presented to the King At Oxford, and Subsequently Discussed At the Treaty of Uxbridge.
- 62.: The King’s Propositions to Be Discussed At Uxbridge.
- 63.: The Self-denying Ordinance.
- 64.: The Negative Oath.
- 65.: Order of the Two Houses For Taking Away the Court of Wards.
- 66.: The Propositions of the Houses Sent to the King At Newcastle.
- 67.: The King’s First Answer to the Propositions Presented At Newcastle.
- 68.: The King’s Second Answer to the Propositions Presented At Newcastle.
- 69.: Suggested Answer to the Propositions Drawn Up For the King By the Leading Presbyterians and a Small Number of the Independents, and Forwarded By the French Ambassador to Cardinal Mazarin to Be Laid Before Queen Henrietta Maria.
- 70.: The King’s Third Answer to the Propositions Presented At Newcastle.
- 71.: The Heads of the Proposals Offered By the Army.
- 72.: The King’s Answer to the Propositions of Parliament.
- 73.: Letter of Charles I to the Speaker of the House of Lords.
- 74.: The Agreement of the People, As Presented to the Council of the Army.
- 75.: The Four Bills, With the Propositions Accompanying Them.
- 76.: The Engagement Between the King and the Scots.
- 77.: Additional Articles of the Engagement.
- 78.: The King’s Reply to the Four Bills and the Accompanying Propositions.
- 79.: The Vote of No Addresses.
- 80.: The Act 1 Erecting a High Court of Justice For the King’s Trial.
- 81.: The Agreement of the People.
- 82.: The Charge Against the King.
- 83.: The King’s Reasons For Declining the Jurisdiction of the High Court of Justice.
- 84.: The Sentence of the High Court of Justice Upon the King.
- 85.: The Death Warrant of Charles I.
- Part V: The Commonwealth and Protectorate
- 86.: Act Appointing a Council of State.
- 87.: Engagement Taken By the Members of the Council of State.
- 88.: The Act Abolishing the Office of King.
- 89.: An Act Abolishing the House of Lords.
- 90.: An Act Declaring England to Be a Commonwealth.
- 91.: An Act Declaring What Offences Shall Be Adjudged Treason.
- 92.: Engagement to Be Taken By All Men of the Age of Eighteen.
- 93.: Act Repealing Several Clauses In Statutes Imposing Penalties For Not Coming to Church.
- 94.: Act For the Settlement of Ireland.
- 95.: Declaration By the Lord General and the Council On the Dissolution of the Long Parliament.
- 96.: Summons to a Member of the So-called Barebones Parliament.
- 97.: The Instrument of Government.
- 98.: An Ordinance By the Protector For the Union of England and Scotland.
- 99.: An Ordinance By the Protector For Elections In Scotland.
- 100.: An Ordinance By the Protector For Elections In Ireland.
- 101.: The Constitutional Bill of the First Parliament of the Protectorate.
- 102.: The Humble Petition and Advice.
- 103.: The Additional Petition and Advice.
- 104.: The Writ Summoning Richard Cromwell to the House of Lords of the Protectorate.
- 105.: The Declaration of Breda.
- Appendix: the Navigation Act.
29.
The Act for the Attainder of the Earl of Strafford.
[May 10, 1641. Statutes of the Realm, v. 177. See Hist. of Engl. ix. 329-366.]
Whereas the knights, citizens and burgesses of the House of Commons in this present Parliament assembled, have, in the name of themselves and of all the Commons of England, impeached Thomas Earl of Strafford of high treason, for endeavouring to subvert the ancient and fundamental laws and government of His Majesty’s realms of England and Ireland, and to introduce an arbitrary and tyrannical government against law in the said kingdoms, and for exercising a tyrannous and exorbitant power above and against the laws of the said kingdoms, over the liberties, estates and lives of His Majesty’s subjects; and likewise for having by his own authority commanded the laying and sessing of soldiers upon His Majesty’s subjects in Ireland, against their consents, to compel them to obey his unlawful summons and orders, made upon paper petitions in causes between party and party, which accordingly was executed upon divers of His Majesty’s subjects in a warlike manner within the said realm of Ireland; and in so doing did levy war against the King’s Majesty and his liege-people in that kingdom; and also for that he, upon the unhappy dissolution of the last Parliament, did slander the House of Commons to His Majesty; and did counsel and advise His Majesty that he was loose and absolved from rules of government; and that he had an army in Ireland which he might employ to reduce this kingdom, for which he deserves to undergo the pains and forfeitures of high treason. And the said Earl hath also been an incendiary of the wars between the two kingdoms of England and Scotland, all which offences hath been sufficiently proved against the said Earl upon his impeachment.
Be it therefore enacted by the King’s Most Excellent Majesty, and by the Lords and Commons in this present Parliament assembled, and by authority of the same, that the said Earl of Strafford, for the heinous crimes and offences aforesaid, stand and be adjudged and attainted of high treason, and shall suffer such pains of death, and incur the forfeitures of his goods and chattels, lands, tenements and hereditaments of any estate of freehold or inheritance in the said kingdoms of England and Ireland, which the said Earl or any other to his use, or in trust for him, have or had, the day of the first sitting of this Parliament, or at any time since.
Provided that no judge or judges, justice or justices whatsoever, shall adjudge or interpret any act or thing to be treason, nor hear or determine any treason nor in any other manner than he or they should or ought to have done before the making of this Act, and as if this Act had never been had nor made; saving always unto all and singular persons, bodies, politic and corporate, their heirs and successors, others than the said Earl and his heirs, and such as claim from, by, or under him, all such right, title and interest of, in, and to all and singular such of the lands, tenements and hereditaments, as he, they, or any of them had before the first day of this present Parliament, anything herein contained to the contrary notwithstanding.
Provided that the passing of this present Act, or His Majesty’s assent thereunto, shall not be any determination of this present Sessions of Parliament; but that this present Sessions of Parliament, and all Bills and matters whatsoever depending in Parliament, and not fully enacted or determined, and all statutes and Acts of Parliament which have their continuance until the end of this present Sessions of Parliament, shall remain, continue, and be in full force, as if this Act had not been.
Note by Rushworth: ‘This proviso hath occasioned the common discourse and opinion that this judgment against the Earl was enacted never to be drawn into precedent in Parliament, whereas it expressly respects only judges in inferior courts.’
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