House of Lords Journal Volume 4: 18 February 1641

Die Jovis, videlicet, 18 die Februarii.

PRAYERS.

Alms given to Dame Joan Leigh.

Upon reading the Petition of Dame Joane Leigh, being in much Distress and Poverty; it was Ordered by the House, That she have Ten Pounds paid her out of the Poors Box.

Nash versus Kynaston, in Error.

The Lord Keeper acquainted the House, That the Lord Chief Justice hath received a Writ of Error, to reverse in Parliament a Judgement given in the King's Bench, in the Cause between Nash and Kynaston. The Record being at the Door, the Lord Chief Justice went and brought into the House the Record and Transcript; and, having made Three Obeisances before he came to the Bar, and then after Three Obeisances more, he laid them both down on the Lord Keeper's Wool-sack. The Clerk of the Parliament received the Record and the Transcript, and brought them to his Table. The House being adjourned, the Clerk examined the Transcript by the Record, and afterward returned presently the Record by the Officer that brought it.

Warrents of this House to be directed to the Gentleman Usher, and none else.

Ordered, That all Warrants for apprehending of Delinquents, and bringing them before this Honourable Court, are to be directed to James Maxwell, Esquire, Gentleman Usher of the Black Rod, attending this House; and he, and none else but such as he shall appoint, are to execute the same.

Countess of Exeter versus Cook and Palmer.

Ordered, That the Charge of the Countess Dowager of Exeter against Jeremy Cooke, Alderman of Stamford, and Tho. Palmer, of the same Town, be brought into this House on Monday the 22d of this Instant Feb. that thereby their Lordships may do according to Honour and Justice; and, in the mean Time, they are to be free from the Serjeant at Arms his Custody, upon the Word of the Right Honourable the Lord Willoughby of Earesby for their Forth-coming.

A Message was sent to the House of Commons, by Mr. Serjeant Heath and Mr. Attorney General:

Message to the H. C. about sequestering the Offices of the Earl of Strafford.

To desire a Conference, presently, in the Painted Chamber, if it stand with their Conveniences, touching the sequestering of the Earl of Strafford's Places and Offices, until his Trial.

Bishop of Winton Leave to be absent.

The Lord Bishop of Winton asked Leave of the House to be absent for Five or Six Days in the Country; which was granted.

Earl of Southampton Leave to be absent.

It was moved, That the Earl of South'ton may have Leave to be absent for Five or Six Days in the Country; which was granted.

Lords to draw up Propositions for the Conference.

These Lords were appointed to draw up what was fit to be propounded at the Conference, and then to offer it to the House:

Answer from the H. C.

The Answer returned from the House of Commons was: That they will give a Meeting presently, as is desired.

The Petition of the Planters in New England was read, and Ordered to be recommended to the Committee for Petitions.

Propositions drawn up.

The Lords which withdrew acquainted the House, That they have considered, that the Heads which are fit to be propounded at the Conference are, "To desire the House of Commons to join with their House, by a Committee of both Houses, to desire His Majesty that all the Places and Offices of the Earl of Strafford's, both in England and Ireland, may be sequestered, and taken out of his Power and Command, until his Trial."

The Lord Privy Seal and the Earl Marshal were appointed to deliver the Conference.

Report of the Conference.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Privy Seal reported, "That he had delivered, at the Conference with the House of Commons, what he was commanded by this House."

After this, another Message was sent to the House of Commons, by Mr. Justice Heath and Mr. Attorney General:

Message to the H. C. for a Conference about the Earl of Strafford.

To desire a Free Conference, with a Committee of both Houses, presently, if it stand with their Conveniency, in the Painted Chamber, touching the Proceedings against the Earl of Strafford.

Propositions for the Conference.

In the mean Time, the House considered what was fit to be delivered at the Free Conference; and it was agreed, To let them know, "That, having received a Message from them lately, to desire that the Earl of Strafford might come to a speedy Trial, but the Way they left (fn. 1) to the Justice and Honour of this House, as their Lordships should think fit; they sent for the Earl of Strafford upon Wednesday last, who appeared here in Person; and their Lordships demanded his Answer to his Accusation of High Treason in Writing; which his Counsel giving Reasons why it could not be done at this Time, this House hath given him further Time until Wednesday, peremptorily, without Expectation of any longer Time; and to give the House of Commons the Reasons and Ground that induced this House to give him further Time."

Lord Privy Seal to report the Conference.

The Lord Privy Seal was appointed to deliver the Conference.

Conference reported on Monday last to be debated.

Ordered, That To-morrow Morning the Conference, which was reported on Monday last from the House of Commons, be debated in this House.

Treaty with The States to be debated.

Ordered, That upon Saturday next the Treaty with The States of Holland be debated.

Answer from the H. C.

The Answer returned from the House of Commons was: That they will give a Meeting presently, as is desired.

Conference reported.

The House was adjourned during Pleasure, and the Lords went to the Free Conference; which being ended, the House was resumed; and the Lord Privy Seal reported the Free Conference; and told their Lordships he had done their Commands; and that the House of Commons only said, "They would report it to their House."

Then

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 19^m diem instantis Februarii, hora nona, Dominis sic decernentibus.