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 Martis, videlicet, 30 die Martii.
Bp. of Chester Leave to be absent.
Ordered, That the Lord Bishop of Chester have Leave to go into the Country, and to return again in Easter-week.
Next, a Petition of the Earl of Strafford was read; shewing,
E. of Strafford's Petition, for Ld. Cottington's Depositions to be taken in Writing, if he cannot attend.
"That the Right Honourable the Lord Cottington, being a very material Witness for your Petitioner unto the Tenth Article of the Charge, is of late indisposed in his Health; which, as is doubted, may hinder his Lordship's answering in Court (viva voce) to such Questions as should be asked of him.
"His humble Suit therefore is, That your Lordships will be Nobly pleased to give Way, in Case the said Lord Cottington's Indisposition do continue upon him, that then his Lordship's Answer may be taken in Writing to such Interrogatories as shall be tendered unto him.
"And he shall wish unto your Noble Lordships the Increase and Continuance of all Honour and Happiness.
Commission to be made for examining Ld. Cottington.
Hereupon it was Ordered, That a Commission be made, to examine the Lord Cottington, and such others whom the Lords shall think sit, in the Earl of Strafford's Case; and the Commons to have Notice thereof, and the same Course to be taken in this as was Ordered in the taking the Examinations of the Lord Primate of Armagh.
Managing the Evidence.
The Lord Steward is to desire the Earl of Strafford, and the Members of the Commons that manage the Evidence, to hold themselves to the material Points, and avoid Excursions.
Baron Denham's and Ld. Falkland's Books to be brought.
Mr. Raylton, the Earl of Strafford's Solicitor, is to attend To-morrow Morning, with the Book of Mr. Baron Denham's and the Book of Orders made in the Lord Viscount Faulkland's Time, in Ireland.
Archbishop of Armagh's Depositions to be delivered to the Commons.
Ordered, That the deputed Lords may deliver to the Members of the Commons the Examinations of the Lord Primate of Armagh, taken this Morning, concerning the Earl of Strafforde.
Adjourn to Westminster Hall.
E. of Strafford at the Bar.
Then the Lord Steward adjourned the House to Westm. Hall; and the Lords went down in their Order. Being set in their Places, the Lord Steward commanded the Earl of Strafford to be brought to the Bar; which being done, Mr. Glynn proceeded upon the Eighth Article, but did not decline the Seventh, and desired he might go on upon the Lady Hibbott's Case: "That, upon a Petition exhibited in October 1635, by Tho. Hibbotts, against Dame Mary Hibbotts, Widow, to the Earl of Strafford, he recommended it to the Council Table of Ireland, where the Earl of Strafford caused an Order to be entered against the said Lady, though the most Part of the Council gave their Vote and Opinion for the Lady, and threatened her, That, if she refused to submit thereunto, he would imprison her, and fine her Eight Hundred Pounds, etc."
The Witnesses that gave the Evidence upon Oath were John Hoye, Tho. Hibbotts, Lord Mountnorris, Earl of Corke, Sir Adam Loftus, Fitzgerrarde, Lord Rannelaugh; and a Deposition of the Lord Primate of Armagh's was read.
The Evidence being given, the Earl of Strafford made his Defence; and, on his Part, these Witnesses were produced; the Lord Robert Dillon, Sir Phillip Manwaringe; and an Examination of the Lord Primate of Armagh was read, but not upon Oath.
After which, Mr. Glynn replied; which being done, he proceeded to the Ninth Article, "For granting a Warrant, contrary to Law, to the Bishop of Downe, for apprehending, arresting, and attaching, the Bodies of the Subjects of Ireland."
Sir James Mountgomery was produced as a Witness herein, and proved the Copy of a Warrant to agree with the Original.
Next, the Earl of Strafford made his Defence, and produced the Examination in Writing of the Lord Primate of Armagh; and then the Lord Dillon, and Tho. Little, testified their Knowledge.
Adjourn to the Chamber of Parliament.
His Defence being ended, Mr. Glynn replied shortly; and then the Lord Steward signified to the Commons, That the Lords would sit again To-morrow Morning, by Eight of the Clock; and adjourned the House to the usual Place above.
The Lords being come up to the House;
Dominus Senescallus declaravit præsens Parliamentum continuandum esse usque post meridiem hujus diei, hora quarta, Dominis sic decernentibus.
A Message was sent to the House of Commons, by Mr. Serjeant Ayliff and Dr. Bennett:
Message to the H. C. for the Committees to meet, to receive the Answer of the City, touching the Loan of Money.
To let them know that the Lord Mayor of the City of London being come, their Lordships do desire that the same select Committee that went with the Committee of Lords into the City may meet presently, in the Painted Chamber, to receive the Answer of the City.
Doctor Marsh bailed.
Richardus Marsh, Theologiæ Doctor, recognovit se debere Domino Regi Mille Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis.
The Condition of the abovesaid Recognizance is, That if the said Richard March, Doctor of Divinity, shall appear Personally here, before the Lords in Parliament, and be present at the Judgement of Parliament against him, if any shall be, then this Recognizance to be void; or else to remain in Force.
Discharged out of Custody.
Ordered, That the abovesaid Richard March, Doctor Theologiæ, be discharged from the Custody of the Gentleman Usher attending this House.
Ordered, That the Earl of Bedford be added to the Committee for to treat with the City.
The Answer which the House of Commons returned to the Message was:
Answer from the H. C.
That the select Committee of their House will meet with the Lords Committees of this House, presently.
The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the Lord Privy Seal reported the Effect of the Conference, which was:
Report of the Conference, concerning the Loan of Money from the City.
"That the Recorder of London declared, That, after the Committees from both Houses of Parliament had propounded to borrow of the City, upon good and safe Security, One Hundred and Twenty Thousand Pounds, the Lord Mayor, on Monday last, called a Common Council, and withall Forty or Fifty of the ablest Commoners; and, after much Debate, he found that all of them had good Desires and Affections to the Work; but they said that they were not furnished with Monies, and yet were loth to come with a Denial. He said further, That by the City was to be understood the Common Council, and the Mayor and Aldermen; and, if any Commoners did refuse to lend any Monies, they had no Power to compel Men. The Chamber of London hath no Monies in it; and the Reason that some give for the Scarcity of Money is, That much Monies hath been transported out of the Kingdom by Strangers; and also the great Fall and Decay of Trading is a Cause of Deadness of Monies. As for the Aldermen, they have done their Shares; and are ready to do their best Endeavours, if they could be put in any Way by their Lordships."
After this, the Committees of both Houses met again, and consulted further what Course was to be taken in this great Necessity for Monies; and the Lords and the Members of the House of Commons agreed to join together, by Way of Security, and to propound to the Aldermen of London whether they will be bound with the Lords and the Members of the House of Commons, for the Money, in Case it can be procured; and they should be secured by collateral Security. Which Proposition the Lord Mayor and Aldermen desired until To-morrow in the Afternoon to consider of; and then they would come and return an Answer, after they had conferred with the rest of their Brethren.
Doctor Aylet bailed.
Aylett, Legum Doctor, recognovit se debere Domino Regi Quingentas Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, &c.
The Condition of the abovesaid Recognizance is, That, if the said Aylett, Doctor of the Civil Laws, shall appear Personally here before the Lords in Parliament, and be present at the Judgement of Parliament against him, if any shall be, then this Recognizance to be void; or else to remain in Force.
Dominus Capitalis Justiciarius de Communi Banco, Locumt enens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 31m diem instantis Martii, hora septima, Dominis sic decernentibus.