House of Lords Journal Volume 4: 18 March 1641

Die Jovis, videlicet, 18 die Martii.

PRAYERS.

Business before the Committee for Imprisonments, etc. referred to the Committee for Petitions.

Ordered, That the Committee for Examination of Abuses in Courts of Justice, and false Imprisonments, which sits in the Mornings, be laid down; and all the Causes now or shall be depending, belonging to that Committee, be referred unto the Committee for Petitions.

Treaty with the Irish Commissioners, about disbanding the Irish Army.

The Irish Commissioners were present in the House; and being asked what their Opinions were concerning the disbanding of the new Irish Army, they desired Time to advise in so great a Business, they being Commissioners for that Kingdom. Hereupon the House did Order, That the Earl of Bath, the Earl of Bristoll, the Earl of St. Albans, and Lord Viscount Say et Seale, with the Assistance of the Earl of Corke, and the Lord Viscount Willmott, do meet this Afternoon, at Two a Clock, and acquaint the Irish Commissioners with the true State of the Particulars concerning the disbanding of the new Irish Army, and what hath passed between this House and the House of Commons concerning the same, and desire them to take it into their serious Considerations, and give this House an Answer on Saturday Morning next, what their Opinions and Advice is therein.

The King to be moved about the Planters of New England.

After this, the Counsel of the Planters of Newe England was heard, to declare unto the House why their Ships were restrained from going to New England, when they were fully freighted and victualed for the Voyages; and it was alledged, that their Ships were restrained by Two several Orders from the Council Table, one in February 1633, the other in April 1638; and after these, by a Proclamation, notwithstanding His Majesty's Letters Patents, dated 4 Martii, Anno 4° Caroli, which grants to the Planters of New England divers Liberties; as, to transport those of His Majesty's Liege People as are willing to go, and also Liberty to transport Shipping, and divers Commodities of this Kingdom. Hereupon the House did Order, That these Lords following do move His Majesty, That these Restraints may be taken off; and that the Planters of New England may enjoy and and receive the Benefit of their Letters Patents, which they have from His Majesty:

According to an Order of this House, made Yesterday, the Petition which some Lords presented to His Majesty at Yorke was brought in, and read openly, in hæc verba:

The Lords Petition, presented to His Majesty at York.

"To the King's most Excellent Majesty.

"The humble Petition of Your Majesty's most loyal and obedient Subjects, whose Names are underwritten, in the Behalf of themselves and divers others.

"Most Gracious Sovereign,

"The Sense of that Duty and Service which we owe to Your Sacred Majesty, and our earnest Affection to the Good and Welfare of this Your Realm of England, have moved us, in all Humility, to beseech Your Royal Majesty, to give us Leave to offer to Your Princely Wisdom the Apprehension which we and other Your faithful Subjects have conceived, of the great Distempers and Dangers now threatening the Church and State, and Your Royal Person, and of the fittest Means by which they may be removed and prevented.

"The Evils and Dangers, whereof Your Majesty may be pleased to take Notice, are these:

"That Your Majesty's Sacred Person is exposed to Hazard and Danger in the present Expedition against the Scottish Army; and, by Occasion of this War, Your Revenue is much wasted, Your Subjects burthened with Coat and Conduct Money, billeting of Soldiers, and other Military Charges; and divers Rapines and Disorders committed in several Parts of this Your Realm, by the Soldiers raised for that Service; and Your whole Kingdom become full of Fears and Discontents.

"The sundry Innovations in Matters of Religion, the Oath and Canons lately imposed upon the Clergy, and other Your Majesty's Subjects.

"The great Increase of Popery, and the employing of Popish Recusants, and others ill affected to the Religion by Law established, in Places of Power and Trust, especially in commanding of Men and Arms, both in the Field and in sundry Counties of this Your Realm; whereas by the Laws they are not permitted to have Arms in their own Houses.

"The great Mischief which may fall upon this Kingdom, if the Intentions which have been credibly reported of bringing in Irish and Foreign Forces should take Effect.

"The urging of Ship-money, and prosecuting of some Sheriffs in the Star-chamber for not levying of it.

"The heavy Charges upon Merchandize, to the Discouragement of Trade.

"The Multitude of Monopolies, and other Patents, whereby the Commodities and Manufactures of the Kingdom are much burthened, to the great and universal Grievance of Your People.

"The great Grief of Your Subjects, by the long Intermission of Parliaments; and the late and former dissolving of such as have been called, without the happy Effects which otherwise they might have promised.

"For Remedy whereof, and Prevention of the Dangers that may ensue to Your Royal Person, and to the whole State, they do, in all Humility and Faithfulness, beseech Your most Excellent Majesty, that You would be pleased to summon a Parliament, within some short and convenient Time, whereby the Causes of these and other great Grievances, which Your People lie under, may be taken away, and the Authors and Counsellors of them may be there brought to such legal Trial and condign Punishment as the Nature of their several Offences shall require; and that the present War may be composed by Your Majesty's Wisdom without Blood, in such Manner as may conduce to the Honour and Safety of Your Majesty's Person, the Comfort of Your People, and the uniting of both Your Realms against the common Enemies of the Reformed Religion.

"And Your Majesty's Petitioners shall ever pray, etc.

"George Rutland.
Francis Bedford.
Wm. Hartford.
Robert Essex.
David Exeter.
Robert Warwicke.
Oliver Bollingbrooke.
Edmund Mulgrave.
Wm. Saye & Seale.
Edw. Mandevile.
Robert Brooke.
Edw. Howard."

Lords Petitioners to receive the Thanks of this House.

Resolved, upon the Question, nemine contradicente, That for the Honour of the Lords Petitioners, this Petition be recorded in this House, with their Names thereunto; and that this House doth give them Thanks for it, as being just, legal, and good, both for the King and Kingdom.

Resolved, upon the Question, nemine contradicente,

That this House doth approve of the Substance and Contents of this Petition, and do make it as an Act of this House.

Lords who delivered the Petition, to have the Thanks of the House.

Ordered, That this House gives Thanks to the Lord Mandevile and the Lord Howard, for carrying this Petition to the King.

Dr. Cosens and others, named in the Impeachment, to put in Bail.

Ordered, That those Persons that are nominated in the Impeachment, brought up from the House of Commons, against Dr. Cosens, being now in the Custody of the Gentleman Usher, do put in Bail To-morrow Morning, for their Forth-coming, and being present at the Judgement of Parliament, if any shall be against them; and the Charge to be then read.

Provisional Order concerning the Petitioners against the E. of Strafford being relieved.

Upon the Report of the Committee appointed to consider and set down some Way of Provision, how all the Parties that have petitioned this House against the Earl of Strafford shall receive Reparation, in Case any appear to be justly due unto them, and the Earl of Strafford judged to be guilty of High Treason at his Trial, That the Opinion of the Committee, and likewise the Judgement of the Lord Chief Justice, was, "That there can be no provisional Course in this Case, but by an Act of Parliament," which cannot now be done; but hold it fit that this be entered as a provisional Order in the mean Time, on the Behalf of all such Petitioners as aforesaid; and with them the Lord Cottington, and the Lord of Valentia, Sir Rowland Wanesford, and the Creditors of the Earl of Carlile, are to be relieved in this Case; and further, that hereafter the King be moved by this House, That His Majesty may be pleased to give His Royal Assent to a Bill in Parliament, to relieve the Parties above-mentioned, and other Petitioners to their Lordships, against the said Earl, if their Cause, upon due Trial and Examination, shall be found just and right, and the said Earl of Strafford shall be evicted at his Trial. All which was Ordered accordingly.

After this, the Earl of Strafford's Petition was read: videlicet,

E. Strafford's Petition for Continuance of his Counsel.

"To the Right Honourable the Lords Spiritual and Temporal, in the High Court of Parliament assembled.

"The humble Petition of Tho. Earl of Strafford, His Majesty's Lieutenant General of Ireland.

"Most humbly shewing,

"That your Petitioner having, on Friday last, desired the Assistance of his Counsel the Day following, they apprehended some Discouragements, and did forbear; and so likewise did on Monday and Tuesday last; but some of them having been with him Yesterday in the Afternoon, your Petitioner doth since understand that they are again doubtful of coming any more. By which Means your Petitioner hath not only lost Three Days already, but is like to want those needful Helps in Matter of Law, which your Lordships have been nobly pleased to vouchsafe unto him, and renders him unprepared for his Trial on the Day prefixed by your Lordships.

"His humble Suit therefore is, That your Lordships will be nobly pleased, in your great Wisdoms, to settle some positive Rule for his Counsel's resorting unto him; and that, for the Reasons aforesaid, of so many Days Hindrance, for Want of his Counsel, your Lordships will be pleased to grant him further Time till Wednesday the 24th of this Instant, for his Trial.

"And he shall with unto your Noble Lordships the Increase and Continuance of all Honour and Happiness.

"Strafforde."

E. of Strafford's Counsel to do their Duty:

Hereupon the House did Order, That the Counsel of the Earl of Strafford shall do their Duty, according to the Assignment and former Order of this House.

Order about Earl Strafford's Witnesses.

Then the House considered what Answer to give to the Earl of Strafford's Petition of the 8th of this Month; wherein he prays, "that he might have Orders and Warrants for producing such Witnesses as he shall find needful at his Trial;" next, that he might examine Witnesses in Writing, and Liberty to cross examine and except against Witnesses.

And it was Resolved, upon the Question, by the major Part, That the Earl of Strafford shall have Warrants from this House, to produce such Witnesses as will not come without Warrant (Affidavit being made thereof); and this to be against his Trial, and no Delay of his Trial.

Ordered, That the Earl of Strafford shall have Liberty of this House to examine such Witnesses (without Oath) at his Trial, at the Bar, as are necessary for his Defence; and also may cross-examine Witnesses at the Bar viva voce, but not upon Oath.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 19^m diem instantis Martii, hora nona, Dominis sic decernentibus.