House of Lords Journal Volume 4: 24 February 1641

Die Mercurii, videlicet, 24 die Februarii

PRAYERS.

King present.

His Majesty this Morning came to the House, being without His Robes; the Lords likewise being so, because He came unexpectedly. His Majesty declared unto the House, that the Cause of His coming now was to hear the Charge against the Earl of Strafford, and his Answer thereunto, for His own particular Information.

E. of Strafford at the Bar.

His Charge and Answer read.

The Lords sitting silent; the Lord Keeper standing behind on His Majesty's Right Hand, by Command from the King, called for the Earl of Strafford to be brought to the Bar, and commanded the Charge to be read against him, One Article after another, by the Clerk of the Parliament; and the Earl of Strafford's Answer to every Article read by his Counsel; which was accordingly read before the King.

After the King was gone, the Lords commanded the Lord Keeper to resume the House.

My Lord Keeper did resume the House.

E. of Strafford again commanded to be brought to the Bar, and to deliver his Answer.

Then the Lords, taking all that was done in the King's Presence to be no Act of the House, commanded the Earl of Strafford to be brought to the Bar, and appointed the Lord Keeper to demand of him his Answer in Writing, according as he was enjoined by Order of this House.

Bishops agree to withdraw when he delivers his Answer.

Then a Question arose, whether the Lords the Bishops should be present at the reading of the Earl of Strafford's Answer, it being in Agitatione Causæ Sanguinis; and the Lords the Bishops said they would withdraw when the Earl of Strafford came in with his Answer to the Bar.

E. Strafford's Answer put in.

The Earl of Strafford came in, and tendered his Answer at the Bar; and, as soon as the Earl of Strafford came in, all the Lords the Bishops went out. The Bishops being gone, the Lords commanded the Answer to be read at Bar, which was done by the Counsel of the Earl of Strafford. Which being read, the Earl of Strafford desired Leave to speak. The Lord Keeper told him he might speak, so it be not any Thing touching his Answer. And having Leave, his Desire was, to have Time to examine Witnesses in his own Defence, and to have the Names of those that have been examined Witnesses against him, and to have Power to cross-examine, or except against, such Witnesses as he should desire; that the Depositions of his Witnesses might be taken in Writing; and that he might have a Warrant from this House to produce his Witnesses.

Withdraws.

After this, the Earl of Strafford withdrew, and his Counsel with him.

Then the House did Order, That no Answer is to be given by this House to the Earl of Strafford's Desires, until this House hear an Answer from the House of Commons to his Answer.

Conference to be had concerning this Answer.

The House thought fit to have a Conference with the House of Commons To morrow Morning about the Earl of Strafford's Answer.

Ordered, That Serjeant Glanvile have Leave to go the Circuit, and afterwards to return and attend this House.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 25^m diem instantis Februarii, 1640, hora nona, Dominis sic decernentibus.