House of Lords Journal Volume 4: 19 March 1641

Die Veneris, 19 die Martii.

PRAYERS.

Sir Edward Coke's Book of Pleas of the Crown sent for.

Ordered, That the Book made by Sir Edward Cook, called The Pleas of the Crown, now in the Hands of Sir Robert Cooke, Knight, be sent for, to be brought hither presently.

Records for Trial of Peers to be brought.

Ordered, That the Records of 4° E. III. and 1° R. II. concerning the Trial of Peers, be brought hither presently.

Committee appointed to consider of Proxies in case of Blood.

These Lords following were appointed to consider whether the Lords the Bishops, and the Lords Temporal, may give their Proxies in Cases of Blood; and also to consider whether those that voted in the Accusation against the Earl of Strafford, in the House of Commons, and since made Members of this House, may vote in Judgement at his Trial as Judges:

Their Lordships, or any Seven of them, to meet this Afternoon, at Two a Clock.

Ordered, That the Committee for Religion do meet on Wednesday next, in the Afternoon.

Lord Steward appointed for Trial of E. Strafford.

Ordered, and Resolved, upon the Question, nemine contradicente, That the Lord Steward of His Majesty's Household (appointed during this Parliament) shall be Steward for the Trial of the Earl of Strafford only.

Orders to be observed at his Trial.

Order and Directions appointed to be observed at the Trial of the Earl of Strafford: videlicet,

The Lord Steward to be Speaker of the House during this Trial, and to do all Offices belonging to the Speaker.

"The Lieutenant of The Tower is to return the Warrant of this House, and bring forth the Prisoner, who is to come forth to be tried for his Life; and his whole Impeachment is to be read, and then his Answer.

"The whole Answer being read, the Lord Steward is to tell the Commons, That now they may go on with their Evidence.

"Then the Lord Steward is to declare, That now the Prisoner is come to his Evidence, and desire the Peers to give Attention.

"If the Prisoner shall demand Counsel, the Lord Steward is to let him know, that, during the Time that the Members of the Commons do manage their Evidence, he is to use no Counsel.

"If any of the Peers, the Members of the Commons, or the Prisoner, do desire to have any Question asked, they must desire the Lord Steward to ask the Question.

"If any Doubt doth arise at the Trial, no Debate is to be in Court; but the Question suspended, to be debated in this House.

"The Peers are to meet here every Morning, and go from hence in their Robes to Westm. Hall, in their Places, Two and Two; the Eldest First, and the Lord Steward is to go First; and likewise to come up hither again, in the same Order.

"To sit upon the Trial but Once a Day, and not to sit past One of the Clock.

"The Members of the Commons to be set First, before the Peers come.

"None to be covered at the Trial but the Peers.

"That The Palace-yard, and The Hall, be guarded with some of the Military Company.

"That the Lord Great Chamberlain do give Order, and take Care, for the safe Locking-up of Westm. Hall Doors.

"That a private Place be made, to put Offenders safely in.

"That the Place between the Prisoner and Wool-sack be clear.

"That the Clerk's Table be a little sunk into the Ground, that the Lord Steward may see the Prisoner the better.

"That only the Gentleman Usher of the Black Rod is to go before the Lord Steward to the Place of Trial.

"Prayers to be said here in this House, by one of the Lords the Bishops.

"The Lord Steward is to adjourn this House to the Place of Trial, and afterwards to adjourn it hither.

"That the Peers, at the Trial of the Earl of Strafford, at the Instance of the Commons, are to be sworn at the Clerk's Table; and the Lord Steward to administer the Oath, and to deliver their Evidence in their own Places.

"Those Witnesses that are Commoners are to be sworn at the Bar by the Clerk, and are to deliver their Evidence there.

"The Oath which is to be given to the Witnesses is this:

Oath of the Witnesses.

"The Evidence which you shall give in the Trial concerning the Earl of Strafford, Prisoner at the Bar, shall be the Truth, the whole Truth, and nothing but the Truth. So help you God, and the Contents of this Book.

"Ordered, That the Earl of Strafford may crossexamine Witnesses viva voce, at the Bar, without Oath."

Dr. Hodson and others in the Impeachment with Dr. Cosens, their coming to Town dispensed with, but to put in Bail.

It was moved, That Dr. Hodson, Dr. Wickham, and Dr. Stanhope, being joined with Dr. Cosens and others in the Impeachment brought up from the House of Commons, in regard that they are unable to travel so long a Journey as from Durham, That this House would accept of sufficient Bail for them, and dispense with their coming up hither for the present; which was Ordered accordingly.

Prebends of Durham to bring in the Book of the Acts of their Chapter.

Ordered, That the Prebends of Durham do bring in their Book of Acts of the Dean and Chapter of Durham, whereby Mr. Smarte may make Use of it, at the Hearing of his Cause in this House; and this to be Part of the Condition of the Recognizance.

Ordered, That all Parties joined with Dr. Cosens in the Impeachment are to be bailed To-morrow Morning; but Dr. Cosens to remain in the Custody of the Gentleman Usher.

A Petition of the Earl of Strafford, was read; shewing:

Petition of Earl Strafford, for his Solicitor and some Servants to be near him at his Trial.

"That, by reason of many Papers and Writings which he must necessarily use in making his Defence, his Solicitor, whom your Lordships have been pleased to allow unto him, cannot possibly manage them.

"His humble Suit therefore is, That your Lordships will be nobly pleased, not only to give Way that his said Solicitor may be near unto him, for attending with such Papers as he shall use upon present Occasions; but that your Lordships will be also pleased to give Allowance, that he may have some of his Servants, and others whom he finds needful to use as Solicitors (to the Number of Six in all), to be likewise present, for Delivery of such Writings as shall be called for; without which Helps, the Business will be drawn to more Length of Time than will be to your Lordships Conveniency.

"And he shall with, &c.

"Strafforde."

To present their Names to the House.

Ordered, That the Earl of Strafforde do set down the Names of such Persons as he desires to be assigned him for delivering out Writings and Papers at this Trial, and present the same to this House To-morrow Morning.

Names of such Witnesses as he desired to have Warrants for.

After this, the Names of such Witnesses as the Earl of Strafford desired to have Warrants for was read: videlicet,

Sir Arthur Ingram the Elder.

These are Members of the House of Commons, for whom my Lord intends to petition that Honourable House.

These Twenty-four last named are in Ireland.

Earl Strafford to have Warrants for his Witnesses.

Hereupon it was Ordered, That the Earl of Strafford shall have Warrants only for such Witnesses as will not come without (Affidavit being first made thereof), excepting such as are Members of the House of Commons, and Sir George Radcliffe, who is accused with the Earl of Strafford of High Treason.

Adjourn.

Dominus Capitalis Justieiarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 20^m diem instantis Martii, hora nona, Dominis sic decernentibus.