House of Lords Journal Volume 4: 29 March 1641

Die Lunæ, videlicet, 29 die Martii.

PRAYERS.

Order about K. of Strafford's Witnesses.

Ordered, That Examinations taken, or to be taken, without Oath, in Writing, by the Earl of Strafford, of such Witnesses as are sick, and not able to come viva voca, may be produced by him at his Trial, and read; and then the Members of the House of Commons may cross-examine, by Commission, upon Oath, the same Witnesses, if they find Cause; reserving to themselves Liberty to reply if they please.

Adjourn to Westminster Hall.

The Lord Steward adjourned the House to Westm. Hall.

E. of Strafford at the Bar.

The Peers being set in their Places, the Lieutenant of The Tower was commanded to bring forth the Earl of Strafford to the Bar; which accordingly was done.

Sixth. Article.

And then Mr. Glynn began to open the Sixth Article; To prove his arbitrary Power over the Goods of the Subjects of Ireland; as, upon a Paper Petition, to put the Lord Mountnorris out of Possession of Land of Inheritance, which he had possessed for Eighteen Years before, by a Decree against Law."

Proofs.

The Decree was read, and proved to be a true Copy y Tho. Little.

The Lord Mountnorris, and Arthur Angsloe, his Son, gave their Evidence, to prove this Article.

His Answer.

The Earl of Strafforde made his Defence to this Article. His Commission was read; which being done, he desired the Lord Primate of Armagh's Examinations, which were taken in Writing on his Part without Oath (the said Lord Primate being sick and not able to come viva voce), that they might be read; (fn. 1) which the Members of the Commons that managed the Evidence excepted against, alledging it to be in a Case of High Treason, and they also not being called thereunto, whereby to have had the Benefit to cross-examine. But this for the present was laid aside, and the Earl of Strafford went on in his Defence, and produced one Henry Dillon, a Witness, but not upon Oath; likewise the Lord Dillon, Mr. Slyngesby, Sir Adam Loftus, testified on his Part.

Reply.

His Defence being ended, Mr. Glynn replied; and produced the Earl of Corke, Lord Rannelaugh, Sir Adam Loftus, the Lord Mountnorris, the Earl of Bath, and William Breteridge, as Witnesses to new Matter, which resulted out of the Earl of Strafford's Defence. And afterwards the Earl of Strafford made Answer thereunto.

Which being done; the Day being far spent, the Lord Steward did let the Commons know, That Tomorrow Morning the Lords would meet again at Eight of the Clock; and then they may go on in their Evidence.

Adjourn to the Chamber of Parliament.

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

Archbishop of Armagh to be examined for the Earl of Strafford.

The Lords being come up, they took into Consideration the Petition of the Earl of Strafford, "That in regard that the Lord Primate of Armagh is sick, and cannot come abroad, whereby he might receive his Testimony viva voce, that their Lordships would please to think of some Way whereby he might be examined upon Interrogatories on his Part, that thereby he might have the Benefit of his Witness at the Trial."

Commission under the Great Seal to be prepared for this Purpose.

Hereupon it was Ordered, That a Commission, under the Great Seal of England, be speedily prepared, directed to the same deputed Lords as were appointed by the House on the Twenty-sixth of this Instant Month of March; and they, or any Four of them, with some Members of the House of Commons, as they shall appoint, upon Notice given, do take the Examinations of the Lord Archbishop of Armagh, but not upon Oath, according to such Interrogatories as the Earl of Strafford hath brought into this House, and have been perused by their Lordships; and further, That the Members of the Commons do cross-examine the said Lord Archbishop of Armagh, if they shall see Cause so to do, upon Oath; and that the Examinations formerly taken of the said Lord Archbishop of Armagh be brought in, and delivered unto the Clerk of this House.

Committee for Religion.

Ordered, That the Committee for Religion do meet this Day Sevennight, at Three of the Clock in the Afternoon, peremptorily.

Adjourn.

Dominus Senescallus declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 29^m diem instantis Martii, hora 5^a post meridiem, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Doctor Marsh to give Bail.

Ordered, That Doctor Marsh, one of the Delinquents joined with Doctor Cosens in the Impeachment from the House of Commons, do bring in his Bail Tomorrow Morning.

Message from the H. C. for a Conference, about the E. of Strafford's Trial.

Next, a Message was brought from the House of Commons, by Sir Tho. Barrington, Baronet: To desire a Conference, by a Committee of both Houses, as soon as it may stand with their Lordships Conveniency, touching the Trial of the Earl of Strafforde.

Answer.

The Answer returned to the said Message was:

That their Lordships will give a Meeting presently, in the Painted Chamber, as is desired.

Lords to report the Conference.

The Earl of Bath, Earl of Southton, Earl of Warwicke, and the Lord Viscount Saye et Seale, were appointed to report the Conference.

Committee for the Northern Business.

Ordered, That the Committee for the Examination of the Northern Affairs do meet on Saturday next, in the Afternoon; at which Time the Lord Viscount Conway is to give a further Account concerning the Skirmish with our Army and the Scots Army at Newborne.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Earl of Bath reported the Conference, to this Effect:

Conference reported.

"That, in this Day's Proceedings, the Earl of Strafford, the Prisoner, desired the Benefit of an Examination of the Lord Primate of Armagh, he being sick, and not able to come viva voce."

The Lord Steward signified, "That an Order was made, That some Lords should go to him, and examine him; and that the House of Commons might cross-examine him."

The Committees that manage the Evidence have advised with the House, and resolved, That the Examination already taken is not to be used; but that any Examination hereafter taken, at which some of the Commons may be present, may be used.

Archbishop of Armagh's former Examination to be laid aside, and he to be examined again.

Hereupon the House did Order, That the former Examination of the Lord Primate of Armagh is not to be used; but new Examinations to be taken by the Lords deputed, and some Members of the House of Commons to be present.

Then

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 30^m diem instantis Martii, hora septima, Dominis sic decernentibus.