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 Jovis, videlicet, 8 die Aprilis.
E. of Strafford's Counsel to be heard in Point of Law in Westminster Hall.
The House took into Consideration, if, after the Commons have given their full Evidence, and that the Earl of Strafford desireth his Counsel may speak in Point of Law, whether they shall be heard in this House, or in Westm. Hall; and it was agreed, in Westm. Hall.
Adjourn to Westminster Hall.
E. of Strafford at the Bar.
Charge concerning the Irish Army.
The Lords being come thither, the Lieutenant of The Tower was commanded to bring the Earl of Strafford to the Bar; which being done, Sir Walter Earle desired to speak somewhat concerning the Irish Army, which was intended to be brought over hither. He produced the Commission of the Earl of Strafford to be read, dated 3d of August, 1640, 16° Caroli; and then produced Sir Adam Loftus as a Witness; and desired that Two Witnesses, which were then present, might be reserved, to prove that Ayre was fortified before the Irish Army was levied.
E. of Strafford's Answer to it.
To this the Earl of Strafford made his Answer: That the Clause in his Commission for his Landing in Wales is in the Commission of the Earl of Northumb.; and the King's Counsel drew up his Commission;" and the Lord Chief Justice Bankes testified, "That he, being then the King's Attorney, had no particular Directions to mention Wales in the drawing of the Commission."
Commons desire to sum up their Evidence.
This being done; Mr. Glynn desired that he might have Leave from their Lordships, to make a Recollection of all their Evidence, and sum it up together; but moved, before he began, That the Earl of Strafford would now speak what he hath to say for his Defence, that so the Commons, in the Behalf of the King and the Kingdom, may have the last Word.
E. of Strafford allowed till To-morrow to make his final Defence.
The Earl of Strafforde desired a little Time to consider of it, saying, "it much concerned him;" and, having had a little Recess to think of it, he made this Answer; He desired to advise with his Counsel, in the summing up of his Charge; and, if the Commons do sum up their Evidence against him, that he might answer to it before he be concluded; and the Commons may reply afterwards:" But the Members of the Commons that managed the Evidence pressing that he might answer now, without further Time to be given him, he desired he might have Time until To-morrow Morning, which was granted him, to make his final Defence to the Evidence.
Adjourn to the Chamber of Parliament.
Order about the Evidence to be recollected.
The Lords, being come up into the Parliament House, took into Consideration what was spoken at the Trial by the Members of the Commons; and Resolved, That the Earl of Strafford To-morrow Morning do sum up all his Evidence concerning Matter of Fact; and afterwards the Commons are to make Recollection, and state their Evidence, so it be not any new Matter; if, in recapitulating their Evidence, any Witness is mis-recited, the Witness may answer, and express his Meaning afterwards; but no Interruption is to be given to the Commons whilst they are speaking, neither to the Earl of Strafford; and if the Commons, in summing up their Evidence, do speak of any new Matter, the Earl of Strafford may answer to the new Matter.
Any reserved Witnesses to be examined by the Commons before they sum up their Evidence.
Likewise it was Resolved of, That the Lord Steward is to let the Members of the Commons and the Earl of Strafford know, That, if they intend to use any Witnesses which they have reserved, that they do it before they enter upon summing up the Evidence.
All Witnesses on both Sides to attend To-morrow.
Baron Denham and L. Falkland's Books not to be produced as Evidence.
Ordered, That all Witnesses on both Sides are to have Notice to attend To-morrow Morning at the Trial; and that the Two Books produced by the Earl of Strafford, One supposed to be Baron Denham's, the Other the Lord Viscount Faulkland's, are not fit to be given in as Evidence, being private Books, and no Records.
Sir Thomas Aston's Complaint against sundry Printers, &c. Order for bailing some, and discharging others.
Ordered, That such of the Printers and Stationers, that were sent for upon the Complaint of Sir Thomas Aston, Baronet, and are charged in particular to have Hand in the libellous Petition, are to go upon reasonable Bail; and the Matter is referred to the Committee for examining the Printing of Libels, etc. But such of those that are not charged, are presently to be released out of the Custody of the Gentleman Usher.
Faulcon's Attendance dispensed with.
Ordered, That Robert Faulcon, Clerk (transmitted up in a Charge from the House of Commons with Dr. Cosens and others), be spared for his Daily Attendance upon this House, and be discharged out of the Custody of the Messenger, upon the Word of the Right Honourable the Lord Fauconbridge given to this House, That the said Robert Faulcon shall appear, and abide the Judgement of Parliament, in the said Complaint of the Commons against him, if any Judgement be.
Perrott to be bailed.
It was moved, That Richard Perrott, Clerk, being One of those that are impeached by the House of Commons, with Dr. Cosens and others, for Misdemeanours, may be admitted to put in Bail, to appear in this House at the Sentence of Parliament against him, if any be; and that he may have Leave to go down into the Country until the Fifth of May next ensuing.
Ld. Conway to be heard before the Committee for the Northern Business.
Ordered, That the Northern Committee do sit this Afternoon, if there (fn. 1) be any Time, about the Lord Viscount Conwaye's Business.
Committee for Religion.
Ordered, That the Committee for Religion do meet this Afternoon, at Two of the Clock. (fn. 2)
Printers sent for, concerning Sir Thomas Aston's Complaint.
It was moved, That Tho. Bates, Michaell Sparkes the Father, and Michaell Sparkes the Son, and Jo. Hamond (who are vouched to print and disperse the Petition set forth in the Name of Cheshire), be sent for, to appear before the Lords, to answer the same; which was Ordered accordingly.
Time given to bring in the Acts of the Church of Durham.
It was moved, That whereas, by the Order of this House, the Act-book of the Dean and Chapter of Durham was to be brought into this Court, in the Business concerning Mr. Smarte; but, by reason of the Troubles at Durham, the said Chapter-book was removed from thence, by which means it is not as yet to be found; wherefore it is desired, That a little longer Time may be given, for the bringing of it in. Hereupon it was Ordered, That it be brought into this Court between this and the Fifth of May next.
Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 9m diem instantis Aprilis, hora 8a, Dominis sic decernentibus.