House of Lords Journal Volume 4: 25 November 1640

Journal of the House of Lords: Volume 4, 1629-42. Originally published by His Majesty's Stationery Office, London, 1767-1830.

Citation:

'House of Lords Journal Volume 4: 25 November 1640', in Journal of the House of Lords: Volume 4, 1629-42( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol4/pp96-98 [accessed 17 November 2024].

DIE Mercurii, videlicet, 25 die Novembris.

PRAYERS.

Committee appointed touching the Forest of Dean.

It was moved, That The Forest of Deane, being a Forest of great Consequence, and much importing the Benefit of this Kingdom, for the Building of Ships, is much destroyed and wasted, by the cutting down of the Timber; whereupon it was referred to the Considerations and Examinations of these Lords Committees following:



The L. Treasurer. L. Chamberlain of the Household. E. of Bathon. E. of Bedford. E. of Essex. E. of Lincolne. E. of Sarum. E. of North'ton. E. of Holland. E. of Berks. E. of Dover. E. of Standford. L. Viscount Say et Seale. L. Bp. of Chester. L. Bp. of Lincolne.	L. Bp. of Sarum. L. Bp. of Gloucester. L. Bp. of Carlile. L. Bp. of Bristoll. Ds. Clifford. Ds. Strange. Ds. Willoughby de Easby Ds. Docres. Ds. Wharton. Ds. Pagett. Ds. Chandois. Ds. Kymbolton. Ds. Brooke. Ds. Howard de Charlion. Ds. Robers. Ds. Savill.



Lord Chief Justice of the Commons Pleas, and Serjeant Whitfield,	Attendants.

To meet on Friday, 27th November, at Two of the Clock in the Afternoon, in the Painted Chamber; and to call whom their Lordships shall think fit to assist them.

The King to be moved to stay the cutting of Timber in it.

And the Lord Treasurer, Lord Chamberlain, Farl of Holland, were appointed, in the Name of the House, to move His Majesty for the speedy staying the Felling of any Trees, in the said Forest of Deane.

Message from the H C. for Conference touching their Accusation of the E. of Strafford.

A Message was sent from the House of Commons, by the Lord Digby, to this Effect: videlicet,

That the Knights, Citizens, and Burgesses of the House of Commons, do desire a Conference with their Lordships, with a Committee of both Houses, about the Accusation of High Treason against the Earl of Strafford by the House of Commons, at such Time as with Conveniency their Lordships shall appoint.

Answer.

The Lord Keeper reporting this to the House; their Lordships resolved upon this Answer, which was signified to them by the Lord Keeper, That their Lordships will meet them presently, with a Committee of both Houses, in the Painted Chamber.

Barnardo committed for scandalous Words against the Lords.

It was moved, That one Phillip Barnardo, an Italian, and a Popish Recusant, hath spoken scandalous Words against the English Peers, which petitioned His Majesty in the North, videlicet, "What will you say if that some of the Lords Petitioners be found to have a Hand in bringing in the Scottish Rebels into England?" The Lord Chief Justice hath taken his Examinations and Informations in the Business, and afterwards committed the said Barnardo to Prison; and Ordered by this House, That the said Phillip Barnardo shall continve in Prison, until he be sent for by the Order of this House.

L. Wentworth introduced.

The Lord Wentworth was this Day introducted, between the Lord North and the Lord Lovelace, and his Writ being, upon his Knee, delivered to the Lord Keeper, and he delivering it to the Clerk, he was brought by the Lord Great Chamberlain, the Earl Marshal, and Garter, and placed next above the Lord Wharton.

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

Conference reported, touching their Accusation of the E. of Strafford.

The Conference being done, the House was resumed; and the Lord Keeper reported the Effect of the Conference videlicet,

That the House of Commons have delivered their Articles of High Treason against the Earl of Strafford, consisting of divers Charges; and that the Commons desired,

1. That the Earl of Strafford may be called to answer the said Articles.

2. That they may be made acquainted with the Earl of Strafford's Answer.

3. That they may be made acquainted with the Depositions.

4. They required further, they might add to their Accusation, as Occasion should serve.

After this, the Articles were read publicly, in hæc verba:

"Articles of the Commons, assembled in Parliament, against Thomas Earl of Strafford, in Maintenance of their Accusation, whereby he stands charged with High Treason.

Articles of Impeachment exhibited by the Commons, against the Earl of Strafford.

"1. That he the said Thomas Earl of Strafford hath traiterously endeavoured to subvert the Fundamental Laws and Government of the Realms of England and Ireland, and, instead thereof, to introduce an arbitrary and tyrannical Government, against Law, which he hath declared by traiterous Words, Counsels, and Actions, and by giving His Majesty Advice, by Force of Arms, to compel His loyal Subjects to submit thereunto.

"That he hath traiterously assumed to himself Regal Power over the Lives, Liberties of Persons, Lands, and Goods of His Majesty's Subjects, in England and Ireland, and hath exercised the same tyrannically, to the Subversion and Undoing of many, both Peers and others, of His Majesty's Liege People.

"3. The better to inrich, and enable himself to go through with his traiterous Designs, he hath detained a great Part of His Majesty's Revenue, without giving any legal Accounts; and hath taken great Sums of Money out of the Exchequer, converting them to his own Use, when His Majesty was necessitated for His own urgent Occasions, and His Army had been a long Time unpaid.

"4. That he hath traiterously abused the Power and Authority of his Government, to the increasing, countenancing, and encouraging of Papists, that so he might settle a mutual Dependance and Confidence betwixt himself and that Party, and by their Help prosecute and accomplish his malicious and tyrannical Designs.

"5. That he hath maliciously endeavoured to stir up Enmity and Hostility between His Majesty's Subjects of England and those of Scotland.

"6. That he hath traiterously broken the great Trust reposed in him by His Majesty, of Lieutenant General of His Army, by wilfully betraying divers of His Majesty's Subjects to Death, His Majesty's Army to a dishonourable Defeat by the Scotts at Newborne, and the Town of Newcastle into their Hands, to the End that, by Effusion of Blood, by Dishonour, by so great a Loss as of Newcastle, His Majesty's Realm of England might be engaged in a national and irreconcilable Quarrel with the Scotts.

"7. That, to preserve himself from being questioned for these and other his traiterous Courses, he laboured to subvert the Right of Parliaments, and the ancient Course of Parliamentary Proceedings, and, by false and malicious Slanders, to incense His Majesty against Parliaments.

"By which Words, Counsels, and Actions, he hath traiterously, and contrary to his Allegiance, laboured to alienate the Hearts of the King's liege People from His Majesty, to set a Division between them, and to ruin and destroy His Majesty's Kingdoms, for which they do impeach him of High Treason against our Sovereign Lord the King, His Crown and Dignity. And he the said Earl of Strafford was Lord Deputy of Ireland, or Lord Lieutenant of Ireland, and Lieutenant General of the Army there, under His most Excellent Majesty, and a sworn Privy Counsellor to His Majesty for His Kingdoms both of England and Ireland, and Lord President of the North, during the Time that all and every of the Crimes and Offences before set forth were done and committed, and he the said Earl was Lieutenant General of His Majesty's Army in the North Parts of England, during the Time that the Crimes and Offences in the Fifth and Sixth Articles set forth were done and committed

"And the said Commons, by Protestation, saving to themselves the Liberty of exhibiting at any Time hereafter any other Accusation or Impeachment against the said Earl, and also of replying to the Answer that he the said Earl shall make unto the said Articles, or to any of them, and of offering Proof also of the Premises, or any of them, or of any other Accusation or Impeachment that shall be by them exhibited, as the Case shall, according to the Course of Parliaments, require; and do pray that the said Earl may be put to answer to all and every the Premises; and that such Proceedings, Examination, Trial, and Judgement, may be upon every of them had and used, as is agreeable to Law and Justice."

E. of Strafford to be committed to The Tower.

Whereupon it was Ordered, by the Lords Spiritual and Temporal in the High Court of Parliament assembled, That, upon the Accusation of High Treason of the Earl of Strafford, by the House of Commons, the Earl of Strafford be forthwith committed to The Tower, and that he have a Copy of the Articles, to prepare a speedy Answer; and likewise that he have free Access of such Counsel to him, to advise about his Answer, as this House shall allow and approve of, when he shall present a List of their Names: And that the Access of Friends and Servants shall not be debarred him; and such Physicians as he shall think fit for his Health shall have Access unto him.

At the Bar.

The Earl of Strafford was presently sent for, by the Gentleman Usher, in whose Custody he was; who appeared at the Bar, as a Delinquent.

His Articles of Impeachment read to him.

And then the Lord Keeper signified to him from the House, That the House of Commons have delivered an Impeachment of High Treason against him, which was read unto him publicly, in open Court.

His Requests to the House.

After which he had Leave given him to speak. He rendered their Lordships humble Thanks for their Proceedings with him, and desired of their Lordships:

"That he might have Time given him to Answer.
"That he might have Counsel assigned him.
"That he might have Servants about him, and his Friends to have Access to him."

To have Counsel assigned him. And allowed Access of his Friends, &c.

He being commanded to withdraw, and the House taking his Requests into Consideration, he was called for in again; and the Lord Keeper, by the Direction of the House, told him that their Lordships had Ordered that he should stand forthwith committed to The Tower, and shall have such Counsel allowed him, and, if Need be, assigned him, as the House shall approve of, when he delivers in their Names in Writing; and that the Access of his Friends and Servants is not debarred him; and likewise such Physicians as he shall think fit for his Health may repair unto him.

"For this the Earl of Strafford gave their Lordships humble Thanks; but craved Leave to desire one Thing more, which was, that no Examinations of Witnesses might be before he had made his Answer; and that the Names of Witnesses may be given in before they be examined.

But, he withdrawing, the House appointed the Lord Keeper to send for these in Writing from the Earl of Strafford.

The Committee that should have met this Day, upon the Northern Affairs, is adjourned until Friday next.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 26^m diem instantis Novembris, hora nona, Dominis sic decernentibus.