House of Lords Journal Volume 4: 30 January 1641

Die Sabbati, videlicet, 30 die Januarii.

PRAYERS.

Lord Bishop of Winton and Lord Bishop of Landafe had Leave granted them to visit the Archbishop of Cant.

Bill for bringing Water to London from the River Colne.

Hodie 1^a vice lecta est Billa, An Act for bringing a new Stream of Fresh Water to the Cities of London and Westm. from the River of Colne.

Ld. Audley versus Ld. Cottington.

This Day being appointed for hearing of the Cause between the Lord Awdley and the Lord Cottington, concerning the Manor of Fontill; the Counsel of the Lord Awdley, in the Opening of the Case, fell into the whole Proceedings, and the Attainder of the Earl of Castlehaven, the late Lord Awdley; whereupon the Counsel of the Lord Cottington alledged, That the Attainder did not concern the Lord Cottington to defend, but only the Matter of the Purchase; and desired that the Counsel might apply themselves to that which concerned Fontill; but the Lord Awdley's Counsel, upon Advice, did conceive it to be material, and necessarily conducing to the Cause, to speak of the whole Matter of the Attainder, the Purchase and that being so interwoven that they cannot be separated; therefore desired that the Lord Awdley might have Leave to reverse the said Attainder first, either by a Petition to this House in the Nature of a Writ of Error, or otherwise, as his Counsel shall advise, so it be in a Parliamentary Way, and likewise might have free Access to such Records and Papers, either in the King's Bench and otherwise, that concern the said Attainder; and to have Copies thereof if he please; and, when the Writ of Error comes into this House, the King's Counsel is to speak to it, if they will; and further it was moved, That such Witnesses on both Sides, that are now in Town, are to be examined, forthwith, to preserve their Testimonies, in Case they shall die in the mean Time; but, if they survive, then they are to be brought viva voce, at the Hearing of the Cause between the Lord Awdley and the Lord Cottington concerning Fontill. All which were Ordered accordingly.

The Earl of Dorset had Leave to speak with the Archbishop of Cant.

Lift of Visitants of E. of Strafford.

The Lieutenant of The Tower brought in a List of the Names, which have visited the Earl of Strafford since last Saturday; which was read openly.

Visitants of Sir Geo. Ratcliffe.

The Keeper of The Gate-house delivered in a List of Names who have visited Sir George Radcliffe, Knight; which was read.

Committees to examine Witnesses in Ld. Audley and Ld. Cottington's Cause.

The Names of the Lords deputed by the House to take the Examinations of the Witnesses in the Cause of the Lord Awdley and the Lord Cottington:

Serjeant Whitfeild to attend the Lords, and write down the Depositions.

Any Three of their Lordships to meet when they please.

Sir David Fowle's Cause to be heard.

Ordered, That Sir David Fowle's Cause be heard upon Wednesday next, being the 3d Day of February next, in the Afternoon.

Sir Pierce Crosbys D°.

Ordered, That Sir Peirce Crosebie's Cause be heard upon Wednesday next; in the mean Time, such Witnesses as shall be used in the Cause, are to be produced and sworn here in this House.

Tho. Laton's Petition.

The Petition of Sir Thomas Laton was read, and referred to the Committee for Imprisonments; with Recommendations for Expedition.

Lobby to be kept clear.

Ordered, That the Orders of the House, prohibiting People from coming into the Lobby, be set upon the Doors, with a Penalty of Commitment for Not-observance thereof.

Ordered, That none are to be covered in the Little Committee Chamber, when the Lords are present.

Ld. Morley's Petition.

Upon reading the Petition of the Right Honourable the Lord Morley; it was Ordered, That the further Consideration thereof be referred to the Committee for Privileges; and all the Parties whom it concerns, to have Notice to appear before their Lordships; in the mean Time all Indictments and Proceedings in the King's Bench, or elsewhere, touching the said Lord Morley and Captain Lewis Kirke, for or concerning the Death of Captain Peter Clarke, or any others in that Cause, be stayed and cease, until further Order of the House be signified.

Message from H. C. for Conference about the E. of Strafford.

A Message from the House of Commons, by Mr. Hampden, to this Effect: That the Knights, Citizens, and Burgesses, assembled for the Commons in Parliament, did desire a Conference, with a Committee of both Houses, presently, concerning their further Charge against the Earl of Strafford.

Answer.

The Answer to the said Message was: That their Lordships will give a present Conference, as is desired, in the Painted Chamber.

E. of Strafford to be brought to the House.

After this, the Lieutenant of The Tower was called in, and commanded to bring the Earl of Strafford hither, at Three of the Clock this Afternoon, with what Decency and Safety he could.

Lords appointed to report the Conference.

The Lord Privy Seal, Earl Marshal, Earl Bath, Earl Bristoll, and the Lord Viscount Say et Seale, were appointed to report the Conference.

Then the House was adjourned during Pleasure; and the Lords went to the Conference; which being ended, the House was resumed. And

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in 3^m horam hujus diei post meridiem, Dominis sic decernentibus.

Huc usque examinatur per Dominos,

He. Bathon.
W. Say et Seale.
Tho. Duresme.
Jo. Lincoln.
Phillip Wharton.
C. Howard.

Post meridiem.

PRAYERS.

Report of the Conference.

E. of Strafford at the Bar.

The Lord Privy Seal reported the Heads of the Conference, and delivered to the Clerk the particular Charge brought up by the Commons against the Earl of Strafford; which was read to the said Earl of Strafford, he being called to the Bar as a Delinquent, and afterwards permitted to sit upon a Stool at the Bar.

Here enter the Charge.

Admitted to speak.

Which being done, he was admitted to speak for himself, and desired to have a convenient Time to put in his Answer.

Order about his Answer and Imprisonment.

After this, he withdrew; and the House did Order, That the Earl of Strafford, upon Monday Morning next, do give in his Desires in Writing; and then their Lordships will further consider of them, and give such an Answer as will stand with the Honour of this House; and that he have a Copy of the Charge against him. It was further Ordered, That no Persons shall have Access to him, but his Counsel, Solicitor, Physician, and necessary Servants; and to have the Liberty in The Tower to take the Air for his Health-sake, in the Presence of the Lieutenant of The Tower.

E. of Strafford called in and made acquainted with the Order.

The Earl of Strafford being called in, the Keeper acquainted him with the aforesaid Order.

Lieutenant of The Tower charged to observe it.

The Lieutenant of The Tower was likewise called in, and received a Charge for observing the aforesaid Order.

This being done;

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 1^m diem Februarii, hora nona, Dominis sic decernentibus.