House of Lords Journal Volume 4: 27 March 1641

Die Sabbati, videlicet, 27 die Martii.

PRAYERS.

E. of Cleveland's Petition.

Ordered, That the Earl of Cleveland's Petition, delivered into this House, be read the First free Day.

Interrogatories on the Earl of Strafford's Behalf.

Interrogatories upon which the Earl of Strafforde desired the Lord Archbishop of Armagh might be examined, without Oath, on his Behalf, were read; and it was Ordered, That the Proceedings of the Trial are to go on, and the Earl of Strafford may examine the Lord Primate of Armagh upon the same Interrogatories which are now exhibited.

Record of a Bill in Ireland to be brought hither.

Ordered, That the Clerk of the Crown is to bring into this House a Copy, or the Record, of a Bill transmitted out of Ireland hither, against the Importation of Tobacco into the Kingdom of Ireland, which is to be used at the Trial of the Earl of Strafford.

Address to be presented to the King, for disbanding the new Irish Army, etc.

The Lord Chief Justice of the Common Pleas is to deliver the humble Requests of both Houses to His Majesty, concerning the disbanding of the new Irish Army, etc. according to the Instructions prepared by the Lord Privy Seal and other Lords Yesterday.

Adjourn to Westminster Hall.

The Lord Steward adjourned this House to Westm. Hall.

E. of Strafford at the Bar.

The Lieutenant brought the Earl of Strafford to the Bar.

And then Mr. Glynn began to open the Fifth Article:

The Fifth Article.

"That the Earl of Strafford, in Time of full Peace, did, in Ireland, give, and procure to be given, against the Lord Mountnorris, a Sentence of Death, by a Council of War, called together by the Earl of Strafford, without any Warrant, or Authority of Law, or Offence deserving Punishment, etc.

Proof.

After this, the Sentence against the Lord Mountnorris was read publicly, dated the 12th of December 1635.

Witnesses produced and sworn were, the Lord Mountnorris, the Lord Dillon, Lord Rannelaugh, Earl of Corke, Tho. Lord Viscount Dillon, William Castigan, Patrick Gough, Lord Viscount Conway.

Answer.

The Evidence being done, the Earl of Strafford made his Defence; and produced Viscount Willmott, Sir Adam Loftus, Lord Dillon, Sir Robert Kinge, Sir Robert Farrar, Sir George Wentworth, as Witnesses, but not upon Oath.

Reply.

After the Defence, Mr. Glynn made the Reply; and, because the Earl of Strafford, in his Answer, insisted upon fresh Matter, the Commons produced the Lord Viscount Ely, upon Oath, to depose how Martial Law had been executed in his Time, who was Forty Years a Judge in Ireland; and then they read the Thirty-third Article in the King's Instructions, "That such as may be tried by Law, are not to receive Trial by Martial Law, except in Time of War and Rebellion."

Mr. Glynn further declared, That the Commons will not decline any Article of their Charge; but, in regard of the great pressing Occasions of the Kingdom, and to spare Time, they do intend to skip over some and pick out other Articles to proceed upon; which if they resolve to do, they will give a convenient Warning to the Earl of Strafford.

This being done, and it being late; the Lord Steward told the Commons, That the House will sit again Tomorrow Morning at Eight of the Clock, and then they may go on.

Adjourn to the Chamber of Parliament.

The Lord Steward adjourned the House to the usual Place above.

Adjourn.

Dominus Senescallus declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 29^m diem instantis Martii, hora octava, Dominis sic decernentibus.