House of Lords Journal Volume 4: 13 April 1641

DIE Martis, videlicet, 13 die Aprilis.

PRAYERS.

E of Strafford at the Bar.

The Lord Steward adjourned this House to Westm. Hall. The Lords being all sat in their Places, the Lieutenant of The Tower brought forth the Earl of Strafford to the Bar. The Lord Steward told him, that he was to sum up his Evidence first, and afterwards the Commons were to state the Evidence.

E. of Strafford sums up his Evidence.

Then the Earl of Strafford made a Recollection of all his Evidence to each Article, and summed all up together; and concluded, "That nothing charged against him could be made good to be Treason, neither by Statute Law, nor Common Law."

The Commons sum up theirs.

Next Mr. Glynn, after a Time of Repose, proceeded to sum up the Evidence for the Commons, and apply all the Articles together, and so to state the Evidence that the Treason may appear the better.

Mr. Pim's Speech.

This being done; Mr. Pim answered divers Excuses that the Earl of Strafford made in his Defence, and shewed "what a transcendent Offence it is to endeavour to subvert the Fundamental Laws of the Kingdom;" and concluded, "that the Committee for the Commons have done in the managing their Evidence for Matter of Fact; as for making their Charge to be High Treason, in Point of Law, they must resort to their House, to receive their Directions therein."

The Earl of Strafford desired, "That, having made his Defence to his Charge concerning Matters of Fact, he may have the Benefit of his Counsel to speak to the Matter of Law."

The Lord Steward told him, that their Lordships will take it into Consideration, and will give an Answer in convenient Time.

The Lord Steward adjourned the House to the usual Place above.

E. of Strafford's Counsel to speak in Point of Law.

The Lords, being come up into the House, took the Request of the Earl of Strafford into Consideration, and Resolved to let the Earl of Strafford know that they will hear his Counsel speak in Point of Law on Thursday Morning next, in Westm. Hall; and the Lieutenant of The Tower is to have Order from this House to bring him, and the House of Commons to have Notice of it.

Scotch Business to be considered.

Ordered, That the Scotts Business is to be considered of To-morrow Morning, and the Paper sent from the House of Commons to be considered of To-morrow in the Afternoon.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 14^m diem instantis Aprilis, hora nona Aurora, Dominis sic decernentibus.