House of Lords Journal Volume 4: 8 December 1640

DIE Martis, videlicet, 8 die Decembris.

PRAYERS.

L North excused

Lord North excused for being absent.

Witnesses in these of Standford's Cause.

(fn. 1) It was moved, That the Earl of Standford's Witnesses might be sworn at Bar; his Cause being this Day to be heard before the Lords Committees for Petitions, which was granted.

Earl of Rutland excused for being absent.

Waferer, for Scandal of the Lords, sent for.

It was moved, That one Mirth Waferer, Parson of Compton, in Surrey, hath spoken scandalous Words concerning those Lords that petitioned His Majesty in the North; saying that Lesly did not stick to say that the Southern Lords were the Cause of his coming in; and this he spoke openly, in the Hearing of divers others. Hereupon it was Ordered, That the said Mirth Waferer should be sent for, to appear here as a Delinquent; and the Witnesses to be warned to be here, to testify the Words.

Sir Robert Howard's Bonds in the High Commission Court to be canceled.

The Earl of Dover reported to the House, That Sir Robert Howard, Knight, entered with Sureties into Two several Bonds, in the High Commission Court, one of which Bonds bears Date 3 Junii 1635, with a Penalty of Fifteen Hundred Pounds; and a Condition, that the said Sir Robert Howard shall Personally attend and appear, upon Warning and Notice given in that Court, from Time to Time; which said Bond the Lords Committees have thought fit should be vacated. Whereupon it was Ordered by the House, That the said Bond shall be forthwith canceled.

Sir John Winter s Rumour touching the Timber in the Forest of Dean.

It was moved, That Sir John Winter should report Abroad, that, being called before the Lords Committees for Examination of the Destruction of Timber in The Forest of Deane, that he had given their Lordships full Satisfaction therein; which some of their Lordships conceived he had not done; desired it might be referred again to the Consideration of the Lords Committees; but the House thought it not fit now to Order it so.

E. of Stafford s safe Imprisonment considered

It was moved, That, in regard the Earl of Strafford hath such Liberty in The Tower, and free Access of Friends afforded him, that their Lordships would be pleased to send for the Lieutenant of The Tower, that he may receive a Charge from this House, to have such an Eye over him, that he might be in Safe Custody, and yet enjoy such Liberty as may be fit in regard of his Health, and the making of his Defence; and further to know what Persons have had Access to him, and how he hath used that Liberty which he hath had already.

Lieutenant of The Tower to attend.

Whereupon it was Ordered, That the Lieutenant of The Tower should be sent for, to attend their Lordships presently.

L Cottington and C J of the Common Pleas to speak with the E. of Strafford.

The Lord Cottington signified to the House, That His Majesty commanded him and the Lord Chief Justice of the Common Pleas to go to The Tower, and speak with the Earl of Strafford, concerning some Business, upon the Death of the Deputy of Ireland.

Earl of Bristoll excused for being absent.

Witnesses sworn in the E of Stanford's Cause.

Witnesses sworn in the Earl of Stanford's Cause: videlicet,

Longuevile's Claim.

Ordered, That Mr. Longevile's Cause is to be heard at Bar, with Counsel on both Sides, upon Monday next.

Ordered, That the Lord Bishop of Lincolne be added to the Committee for Petitions.

Ordered, That the Earl of South'ton and the Lord Howard de Charlton be added to all the standing Committees.

Lieutenant of The Tower questioned about the F. of Strafford's Safety.

The Lieutenant of The Tower being come, was called in; and the Lord Keeper, by Directions from the House, asked him what Access hath been to the Earl of Strafford, since his being in The Tower, and with what Moderation he hath behaved himself in the Use of that Liberty; and whether, notwithstanding the Liberty allowed the Earl of Strafford, he thought him to be in safe Custody?

His Answer.

Whereunto he answered, That, for the Access, there hath many Friends resorted to him; as Sir George Wentworth, his Counsel, and others mentioned in a particular Note under the Lieutenant's Hand.

And for his Liberty, he hath used it discreetly. For his Safety, he holds him to be in as safe Custody as one can be that hath the free Liberty of The Tower, and will speak to the Wardouis to be careful of the Gates.

Further questioned.

After this, he was commanded to withdraw; and being called in again, he was asked whether he will be answerable for his safe Custody, notwithstanding the Liberty which is granted him?

His Answer.

To which he answered, That he hath a continual Eye over the Earl of Strafford, either by himself or Wardours; but he said there were other Ways to escape than by the Gates. If a Man had a Disposition, it is possible for him to find other Means.

Committee to consider of the E. of Strafford's safe Custody.

Hereupon the Lieutenant withdrew; and it was moved, That a Committee might be appointed to consider of some Means for the safe Custody of the Earl of Strafford, and what Liberty is fit to be granted him in The Tower.

These Lords following were appointed for this Purpose:

Order thereupon.

These Lords did presently withdraw themselves into the Prince's Lodgings, for this Purpose; and being Reported, it was Ordered, by the Lords Spiritual and Temporal in the High Court of Parliament assembled, for the better safe Custody of the Earl of Strafford, committed by this Honourable House to The Tower of London, upon the Accusation of the House of Commons for High Treason, That no Person do visit him, but by the Privity and Leave of the Lieutenant of The Tower; and a Note every Night to be set down by the said Lieutenant, who hath been there that Day: That the Earl of Strafford is only to be allowed Three Rooms for to lodge himself in and those about him, wherein he may be safe, and to go Abroad only with the Lieutenant; and further, That Two particular Wardours be appointed by the Lieutenant, to be in his Outer Chamber, where they are to lye, and to lock him up every Night; and, after Candle-night, none to remain within the said Lodgings of the said Earl of Strafford but those that usually lye in The Tower; nor that any Coach be suffered to come within the said Tower; and lastly, that, if any emergent Cause should on the sudden happen, the said Lieutenant is to be left to his own Care and Discretion, for the Safe-keeping of the said Earl of Strafford, until such Time as the said Lieutenant shall attend this Honourable House, to receive their further Directions and Commands therein.

Lords Leave to speak with the E. of Strafford.

Lord Viscount Conway, Lord Clifford, and the Lord Goringe, asked Leave to go speak with the Earl of Strafford at The Tower; which was granted them.

Earl of Clare and the Lord Dunsemore were to be added to the Lords Committees for Petitions; and so Ordered.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 9^m diem instantis Decembris, hora nona Aurora, Dominis sic decernentibus.