House of Lords Journal Volume 4: 3 April 1641

DIE Sabbati, videlicet, 3 die Aprilis.

PRAYERS.

Adjourn to Westm. Hall.

The Lord Steward adjourned this House to Westm. Hall.

E. of Strafford at the Bar.

16th Article.

The Peers being set in their Places, the Lord Steward commanded the Earl of Strafford to be brought to the Bar by the Lieutenant of The Tower; which being done, Mr. Palmer proceeded, and opened the Substance of the Sixteenth Article: "That the Earl of Strafford, in the Seventh Year of His Majesty's Reign, obtained from His Majesty a Warrant, that no Complaint of Injustice or Oppression, done in Ireland, should be received in England against any, unless it first appeared that the Party made first his Address to him the said Earl."

Proofs.

The Propositions for the Government of Irelande were read, dated 17 Feb. 1631.

Then was read the Proclamation, dated 17 Sept. 11 Caroli, signed by Lord Deputy and the Council at Dublin.

Witnesses produced upon Oath were:

Richard Wade, Laurance Larkin, Lo. Roche, Jo. Nash, Henry Parry, Sir Robert Lynch, Mr. Fitzgarrarde.

Next Two Petitions of Donne Maccarta were read, and the Remonstrance of the House of Commons in Irelande.

Answer.

This being done, the Earl of Strafforde was permitted to make his Answer to this Article.

The Reasons of the Propositions were read, dated 22 Feb. 1631.

25 H. VI. 2. 25 H. VI. 9. touching departing the Kingdom of Irelande without Leave.

The 37th Article, made by the Agents in May 1628, and the 37th Article of the Instructions, made by the Lord Faulkland, and His Majesty's Letter, commanding the Lord Deputy to publish the Proclamation, dated 20th Jan. 1634, were read.

The Sentence of Parry was read; and the Lord Dillon, Sir Adam Loftus, Francis Wetheredge, and Guildford Slyngesby, were produced by the Earl of Strafford as Witnesses, but not upon Oath.

Reply.

Next, Mr. Palmer made a short Reply; which being done;

19th Article.

Mr. Whitlocke proceeded to the Nineteenth Article, touching the Oath given to the Scottish Nation in Ireland."

Sir James Mountgomery gave his Evidence concerning the contriving of the said Oath. The Oath was read, and Witnesses were produced by the Commons; as Robert Maxewell, Sir Jo. Clatworthy, Richard Samon, John Loftus.

Answer.

Then the Earl of Strafford made his Answer to the Nineteenth Article.

A Proclamation was read, dated the 20th of May 1639.

Then he produced Witnesses; as the

Next, Mr. Whitlock replied briefly; which being done, the Lord Steward did signify to the Members of the House of Commons, That the Lords will sit here again on Monday Morning next, by Eight of the Clock.

Adjourn to the Chamber of Parliament.

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

E. of Strafford's Solicitor to bring in the Interrogatories to be put to the Lord Keeper, E. of Northumberland and Ld. Cottington.

The House being sat above; it was signified to the House, That the Lord Keeper, E. of Northumb. and the Lord Cottington, being sick, and not able to be at the Trial, that it is the humble Desire of the Earl of Strafford, that he might have the Benefit of their Examinations in Writing, being material Witnesses for him. Hereupon it was Ordered, That the Solicitor of the Earl of Strafford shall bring in such Interrogatories into this House this Afternoon, at Five of the Clock, as he intends to examine any of the aforesaid Lords upon, whereby the House may peruse them before.

E. Mulgrave's Petition.

Ordered, That the Earl of Mulgrave's Petition be received into this House against the Earl of Strafforde; and that it be considered of amongst the Petitions of Sir Peirce Crosebie and others, who are to receive the Benefit of the Provisional Order, in case the Earl of Strafford be convicted of Treason at his Trial.

Adjourn.

Dominus Senescallus declaravit præsens Parliamentum continuandum esse usque post meridiem hujus diei, hora quinta, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

A Message to the House of Commons, by Mr. Serjeant Ayliff and Sir Robert Rich:

Message to the H. C. for a Conference concerning the Loan from the City.

To let them know that the Lord Mayor of London and some of the Aldermen are come to give an Answer from the City, touching the Hundred and Twenty Thousand Pounds; and to desire that the Select Committee appointed by that House for this Business might give a present Meeting with the Lords Committees for the same Business, in the Painted Chamber, if it stand with their Conveniency.

Propositions to the City.

The Heads which were thought fit to be propounded, at the Meeting with the Lord Mayor, were: "To let them know, that the Hundred and Twenty Thousand Pounds shall be employed towards the disbanding of all Armies; and that there shall be no Delay in Execution of Justice, nor in redressing their Grievances."

The Answer to the Message was:

Answer from the H. C.

That the Committee of the House of Commons will give a Meeting presently, as is desired.

The House was adjourned during Pleasure, and the Lords went into the Painted Chamber, to the Meeting.

Interrogatories to be put to the E. of Strafford's Witnesses read.

Witnesses to be examined upon these Interrogatories.

The House was resumed; and then the Interrogatories were read, upon which the Earl of Strafford did desire the Lord Keeper and the Lord Admiral might be examined, without Oath, on his Part; and it being late, and the House of Commons risen, whereby the deputed Lords could not give Notice to any of the Members of the Commons that manage the Evidence, of the Time when the said Examinations should be taken, that so some of them might be appointed to be present, and cross-examine upon Oath if they see Cause; it was Ordered, That if Four of the Lords deputed can meet, and some of the Commons, they may examine Witnesses upon these Interrogatories; but the House doth declare, that it was no Fault of this House if they meet not, but the Earl of Strafford's, for not bringing the Interrogatories sooner in.

Committee for the Northern Business.

Ordered, That the Northern Committee do meet on Tuesday in the Afternoon, at Three a Clock.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 5^m diem instantis Aprilis, hora septima, Dominis sic decernentibus.