Journal of the House of Lords: Volume 4, 1629-42. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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Die Veneris, 19 die Martii.
Sir Edward Coke's Book of Pleas of the Crown sent for.
Records for Trial of Peers to be brought.
Committee appointed to consider of Proxies in case of Blood.
These Lords following were appointed to consider whether the Lords the Bishops, and the Lords Temporal, may give their Proxies in Cases of Blood; and also to consider whether those that voted in the Accusation against the Earl of Strafford, in the House of Commons, and since made Members of this House, may vote in Judgement at his Trial as Judges:
Lord Steward appointed for Trial of E. Strafford.
Ordered, and Resolved, upon the Question, nemine contradicente, That the Lord Steward of His Majesty's Household (appointed during this Parliament) shall be Steward for the Trial of the Earl of Strafford only.
Orders to be observed at his Trial.
"The Lieutenant of The Tower is to return the Warrant of this House, and bring forth the Prisoner, who is to come forth to be tried for his Life; and his whole Impeachment is to be read, and then his Answer.
"The Peers are to meet here every Morning, and go from hence in their Robes to Westm. Hall, in their Places, Two and Two; the Eldest First, and the Lord Steward is to go First; and likewise to come up hither again, in the same Order.
"That the Peers, at the Trial of the Earl of Strafford, at the Instance of the Commons, are to be sworn at the Clerk's Table; and the Lord Steward to administer the Oath, and to deliver their Evidence in their own Places.
Oath of the Witnesses.
"The Evidence which you shall give in the Trial concerning the Earl of Strafford, Prisoner at the Bar, shall be the Truth, the whole Truth, and nothing but the Truth. So help you God, and the Contents of this Book.
Dr. Hodson and others in the Impeachment with Dr. Cosens, their coming to Town dispensed with, but to put in Bail.
It was moved, That Dr. Hodson, Dr. Wickham, and Dr. Stanhope, being joined with Dr. Cosens and others in the Impeachment brought up from the House of Commons, in regard that they are unable to travel so long a Journey as from Durham, That this House would accept of sufficient Bail for them, and dispense with their coming up hither for the present; which was Ordered accordingly.
Prebends of Durham to bring in the Book of the Acts of their Chapter.
Ordered, That the Prebends of Durham do bring in their Book of Acts of the Dean and Chapter of Durham, whereby Mr. Smarte may make Use of it, at the Hearing of his Cause in this House; and this to be Part of the Condition of the Recognizance.
Petition of Earl Strafford, for his Solicitor and some Servants to be near him at his Trial.
"His humble Suit therefore is, That your Lordships will be nobly pleased, not only to give Way that his said Solicitor may be near unto him, for attending with such Papers as he shall use upon present Occasions; but that your Lordships will be also pleased to give Allowance, that he may have some of his Servants, and others whom he finds needful to use as Solicitors (to the Number of Six in all), to be likewise present, for Delivery of such Writings as shall be called for; without which Helps, the Business will be drawn to more Length of Time than will be to your Lordships Conveniency.
To present their Names to the House.
Ordered, That the Earl of Strafforde do set down the Names of such Persons as he desires to be assigned him for delivering out Writings and Papers at this Trial, and present the same to this House To-morrow Morning.
Names of such Witnesses as he desired to have Warrants for.
|Sir Tho. Jermyn, Knight, Comptroller of His Majesty's Houshold.||
Sir William Pennyman.
Sir George Wentworth.
Mr. Hugh Potter.
Earl Strafford to have Warrants for his Witnesses.
Hereupon it was Ordered, That the Earl of Strafford shall have Warrants only for such Witnesses as will not come without (Affidavit being first made thereof), excepting such as are Members of the House of Commons, and Sir George Radcliffe, who is accused with the Earl of Strafford of High Treason.
Dominus Capitalis Justieiarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 20m diem instantis Martii, hora nona, Dominis sic decernentibus.