29. The Act for the Attainder of the Earl of Strafford.
[May 10, 1641. Statutes of the Realm, v. 177. SeeHist. of Engl.ix. 339-366.]
Whereas the knights, citizens and burgesses of the House of Commons inthis present Parliament assembled, have, in the name of themselves and of allthe Commons of England, impeached Thomas Earl of Strafford of high treason, forendeavouring to subvert the ancient and fundamental laws and government of HisMajesty's realms of England and Ireland, and to introduce an arbitrary andtyrannical government against law in the said kingdoms, and for exercising atyrannous and exorbitant power above and against the laws of the said kingdoms,over the liberties, estates and lives of His Majesty's subjects; and likewisefor having by his own authority commanded the laying and sessing of soldiersupon His Majesty's subjects in Ireland, against their consents, to compel themto obey his unlawful summons and orders, made upon paper petitions in causesbetween party and party, which accordingly was executed upon divers of HisMajesty's subjects in a warlike manner within the said realm of Ireland; and inso doing did levy war against the King's Majesty and his liege-people in thatkingdom; and also for that he, upon the unhappy dissolution of the lastParliament, did slander the House of Commons to His Majesty; and did counseland 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 thiskingdom, for which he deserves to undergo the pains and forfeitures of hightreason. And the said Earl hath also been an incendiary of the wars between thetwo kingdoms of England and Scotland, all which offences hath been sufficientlyproved against the said Earl upon his impeachment.
Be it therefore enacted by the King's Most Excellent Majesty, and by theLords and Commons in this present Parliament assembled, and by authority of thesame, that the said Earl of Strafford, for the heinous crimes and offencesaforesaid, stand and be adjudged and attainted of high treason, and shallsuffer such pains of death, and incur the forfeitures of his goods andchattels, lands, tenements and hereditaments of any estate of freehold orinheritance in the said kingdoms of England and Ireland, which the said Earl orany other to his use, or in trust for him, have or had, the day of the firstsitting of this Parliament, or at any time since.
Provided[1] that no judge or judges, justice or justiceswhatsoever, shall adjudge or interpret any act or thing to be treason, nor hearor determine any treason nor in any other manner than he or they should orought to have done before the making of this Act, and as if this Act had neverbeen had nor made; saving always unto all and singular persons, bodies, politicand corporate, their heirs and successors, others than the said Earl and hisheirs, and such as claim from, by, or under him, all such right, title andinterest of, in, and to all and singular such of the lands, tenements andhereditaments, as he, they, or any of them had before the first day of thispresent Parliament, anything herein contained to the contrarynotwithstanding.
Provided that the passing of this present Act, or His Majesty's assentthereunto, shall not be any determination of this present Sessions ofParliament; but that this present Sessions of Parliament, and all Bills andmatters whatsoever depending in Parliament, and not fully enacted ordetermined, and all statutes and Acts of Parliament which have theircontinuance until the end of this present Sessions of Parliament, shall remain,continue, and be in full force, as if this Act had not been.
[1] Note by Rushworth: 'This proviso hath occasioned thecommon discourse and opinion that this judgment against the Earl was enactednever to be drawn into precedent in Parliament, whereas it expressly respectsonly judges in inferior courts.'
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