House of Lords Journal Volume 4: 8 March 1641

Die Lunæ, videlicet, 8 die Martii.

PRAYERS.

Conference with the Commons.

The House resolved to go to the Conference with the House of Commons; and appointed these Lords following Reporters: videlicet,

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

E. Strafford's Petition.

"To the Right Honourable the Lords Spiritual and Temporal in the High Court of Parliament assembled.

"The humble Petition of Thomas Earl of Strafford, His Majesty's Lieutenant General of Ireland.

"Most humbly sheweth,

"That, for better proving the Matters contained in his Answer to the Impeachment of the Honourable House of Commons lately delivered unto your Lordships, he craveth Leave, in all Humility, to resort unto your Lordships noble and accustomed Favour, that he may have Liberty of examining Witnesses.

"His humble Suit, therefore, to your Lordships, is, That, in your noble Justice and Goodness, you will be pleased to grant him Orders and War rants for producing such Witnesses and Writings as he shall find needful upon that Occasion; and to examine the Witnesses in Writing; and that he may have Liberty to crossexamine and to except against Witnesses.

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

The House will take this Petition into Consideration, and give an Answer hereafter.

Conference about the Trial of the E. of Strafford.

The Lords went to the Conference; and the House was adjourned until the Committee return from the Conference; which being ended, the House was resumed, and the Lord Privy Seal reported the Conference, to this Effect:

Conference reported.

"It was proposed from the House of Commons, That their Lordships would be pleased to take some Order, that there may be a convenient Place appointed for the Trial of the Earl of Strafford; and to give such Directions as shall be fit for preparing Conveniency of Room for both Houses, that thereby the Members of the House of Commons may inform their Consciences for giving their Votes when they demand Judgement; and likewise to prepare Room for such Members of the House of Commons as are to manage the Evidence, and for Witnesses, and the Prisoner; for the excluding of all such as ought not to be present at the Trial; and that whereas, in the last Message from the House of Commons to this House, it was intimated that they do intend to manage the Evidence by Members of their own, that this House would be pleased to take Notice, that they do not expect that any Counsel shall be allowed to the Earl of Strafford, at the giving of Evidence upon the Trial."

For debating of this, the House was put into a Committee during Pleasure.

The House was resumed, and nothing resolved herein.

A Message was sent from the House of Commons, by Mr. Capell:

Message from the H. C. for a Conference about the Treaty with the Scots.

To desire a Free Conference by a Committee, of both Houses, at such convenient Time as their Lordships shall please to appoint, touching the Paper delivered to them about the Treaty with the Scotts.

The Answer to the said Message was:

Answer.

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

These Lords were appointed to report the Conference: videlicet,

Lords to report the Conference.

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

That Mr. Hide delivered from the House of Commons:

Conference reported.

1. Concerning the removing of the Garrisons and demolishing of the Fortifications of Barwicke and Carlile; the House of Commons concur with their Lordships in their Inclination that (when a firm and settled Peace shall be established) all Things reciprocally be reduced into the Terms they were before the late Troubles.

"2. To the End, therefore, that all Things may be settled that may conduce to a firm Peace, the House of Commons agrees with their Lordships, That the Commissioners of England do move the Scottish Commissioners, to set down all the particular Heads and Demands at once together, that so the Eighth Article (which they are instructed to propound for the confirming and establishing of a perfect and a speedy Peace) may with all convenient Speed be concluded; the which being done, the House of Commons shall willingly concur with their Lordships, in settling of all Things that may be for their just Satisfactions."

Hereupon it was Ordered, That the Lords Commissioners do present this Paper to the Scottish Commissioners, from both Houses of Parliament.

Ordered, That the Committee for Privileges do meet this Afternoon, and consider of Precedents in the Earl of Strafford's Cause, and inform this House thereof To-morrow.

Counsel to be heard concerning Sutton Marsh.

Ordered, That the Counsel on both Sides be heard on Wednesday Morning, concerning Examination of Witnesses, and bringing in of Articles, in the Cause concerning Sutton Marsh.

Committee for Treaty with The States to meet.

Ordered, That the Committee about the Treaty for Confederation with The States of Holland do meet after the Rising of the House, concerning some Business of the Prince Elector's.

Adjourn.

Dominus Capitalis Justicarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 9^m diem instantis Martii, hora nona Aurora, Dominis sic decernentibus.