House of Lords Journal Volume 4: 26 March 1641

DIE Veneris, videlicet, 26 die Martii.

PRAYERS.

The Earl of Bath reported the Effect of the Conference Yesterday, which was:

Conference of Yesterday reported.

"That the House of Commons did give their Lordships Thanks for their Patience; but did conceive that the Business of the Trial against the Earl of Strafford did proceed more slowly than the pressing Occasions of the Kingdom doth require; therefore desired their Lordships (in regard of the pressing great Inconveniencies which else will ensue) not to give Way to any unnecessary Excursions of the Earl of Strafford; but that he might go on to that which is material in his Defence and not, permitted to make any impertinent Exceptions to Witnesses."

After this, a Petition of the Earl of Strafford was read, in hæc verba:

E. Strafford's Petition for some Witnesses to send in their Depositions in Writing that cannot attend.

"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 the most Reverend Father in God, the Lord Primate of Armagh his Grace, as also the Right Honourable the Lord Keeper of the Great Seal of England, the Earl of Northumberland, and the Earl of Mulgrave, some of those Persons whom he humbly presented to your Lordships for Witnesses on his Behalf, are all of them indisposed in their Healths, as your Petitioner is given to understand; and that likewise the Right Honourable the Earl of Middlesex, another of the Witnesses humbly desired by the Petitioner, hath not yet appeared upon that Request which hath been made unto him on this Behalf.

"His humble Suit therefore is, that your Lordships will be pleased in your Noble Goodness to grant him an Order for the Persons before-named to answer in Writing, under their Hand, unto such Interrogatories as shall be tendered unto them on the Behalf of your Petitioner.

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

"Strafforde."

To send in his Interrogatories upon which the Witnesses are to be examined.

Hereupon it was Ordered, That the Earl of Strafforde do send into this House the Interrogatories upon which he intends to examine the Witnesses mentioned in the Petition, whereby it may appear that they do not intrench upon any Witness, whereby he may accuse himself; and then this House will consider further of it.

All Questions at the Trial to be addressed to the L. Steward. Witnesses may be called upon to explain their Depositions.

If any Question be asked at the Trial that is necessary, it is to (fn. 1) be spoken publicly to the Lord Steward.

After Witnesses have given in their Evidence, the Lord Steward may (if Occasion be) ask them of the Occasion and Scope of the Words which they depose.

Adjourn to Westminster Hall.

Earl of Strafford at the Bar.

The Lord Steward adjourned the House unto Westminster Hall; and the Lords being set there, the Lord Steward commanded the Lieutenant of The Tower to bring forth the Prisoner; who being come to the Bar, the Members of the House of Commons that did manage the Evidence were told, They might go on where they left Yesterday.

The Fourth Article.

Then Mr. Glynn proceeded, and opened the Fourth Article; which was, "That the Earl of Strafford would have neither Law nor Lawyers dispute or question any of his Orders; and that he would make the Earl of Corke and all Ireland know, so long as he had the Government there, any Act of State there made, or to be made, should be as binding to the Subjects of that Kingdom as an Act of Parliament."

Process.

The Commons produced, to prove this, the Earl of Corke, John Waldren, Jo. Hoye, The Lord Kylmallocke, Sir Peirce Croseby.

E. Strafford's Answer and Witnesses.

After this, the Earl of Strafford made his Answer; and produced the Lord Dillon, Sir Adam Loftus, Mr. Leeke, Witnesses, but not upon Oath.

Reply.

Debate about examining Witnesses after the Defence made.

Adjourn to the Chamber of Parliament.

His Defence being made, Mr. Glynn replied, and desired that the Lord Awdley might be sworn, and (fn. 2) deposed what he heard the Earl of Strafford speak; and he witnessed the same Words as the other Witnesses heard. Hereupon the Earl of Strafford excepting against the producing of fresh Witnesses after he had made his Defence, some of the Lords desired the House might be adjourned to the usual Place above, which was accordingly done; and it was debated in the House, whether, upon the Result of new Matter arising in a Prisoner's Defence, there may be new Witnesses produced against him.

If fresh Matter arise, new Witnesses may be produced by the Commons.

And the Lords Resolved, That, in this Case of the Earl of Strafford, new Matter arising from his Defence, the Members of the Commons that managed the Evidence may go on to produce fresh Witnesses to speak to the new Matter, and the Earl of Strafford may afterwards rejoin to that only.

Another Question was debated, whether, after a Prisoner having made his Defence upon the Evidence of a single Witness, new Witnesses may be produced against him; but no Resolution given in this Particular.

Adjourn to Westminster Hall.

The Lords being returned into Westm. Hall, the Lord Steward told the Members of the House of Commons what their Lordships had resolved of. Then they produced Roger Lorte, to give in further Evidence, and so concluded the Evidence concerning this Fourth Article; but, because it was late, the Fifth Article was reserved for To- (fn. 3) morrow Morning, at Eight of the Clock.

Adjourn to the Chamber of Parliament.

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

Committee to take the Examination of the Archbishop of Armagh.

Lords Committees appointed to take the Examinations without Oath of the Lord Archbishop of Armagh, being sick, and not able to come, viva voce, in the Behalf of the Earl of Strafford: videlicet,

E. of Strafford's Solicitor to bring the Interrogatories to the Lords.

Ordered, That the Earl of Strafford's Solicitor do wait on their Lordships, with the Interrogatories, this Afternoon, at Whitehall, in the Gallery, at Four a Clock; and their Lordships, or any Four of them, may disperse themselves how they please, for taking the said Examinations.

Heads of the Address to be drawn up for disbanding the new Irish Army, etc.

The Lord Privy Seal and the Lord Chief Justice of the Common Pleas are to meet this Afternoon, and prepare the Heads of what is fit to be presented To-morrow to His Majesty, by (fn. 5) both Houses, touching the disbanding of the new Irish Army, the disarming of the English Papists according to Law, and the removing of the Papists from the Court, especially Sir Toby Mathewes, Mr. Walter Mountegue, Sir Kenelme Digby, and Sir Jo. Winter, and to offer it to this House.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 5^m diem instantis (fn. 6) Martii, hora octava, Dominis sic decernentibus.