DIE Veneris, videlicet, 20 die Novembris.
Money distributed to the Poor.
These Lords following were appointed, for to distribute the Money which was collected upon the Fast
Day, to the Use of the Poor. videlicet,
E. of Huntingdon.
E. of Nottingham.
L. Bp. of Durham.
|L. Bp. of Lincolne.
To meet To-morrow Morning, at Eight of the
Clock, in the Little Committee Chamber.
It was appointed by the House, That Mr. Justice
Barkley and Mr. Justice Crawly do prepare the Bill
for Hospitals and Free-Schools, according to the Instructions given to them by the Lords Committees last
Parliament, and then to acquaint their Lordships with it.
Absent Lords excused.
Bishop of Winton absent, excused.
Bishop of Landaffe absent, excused.
Lords to speak with the Earl of Strafford.
Earl of Huntington and the Lord Clifford have Leave,
by the House, to go see the Earl of Strafford.
Lord Viscount Conway
(fn. †) Lord Viscount Conway moved the House, for Leave to
go speak with the Earl of Strafford, about his own
Affairs in Ireland; which was granted by the House.
Lord Howard of Charlton introduced.
This Day the Lord Charles Howard de Charleton was
introducted; the Lord Great Chamberlain, Earl Marshal, the Gentleman Usher of the Black Rod, and
Garter, going before; the Lord Pagett on his Right
Hand, and the Lord Howard de Estcrick on his Left
Hand; and having delivered his Writ, on his Knee, to
the Lord Keeper, bearing Date 19 die instantis Novembris, it was delivered to the Clerk, and read publicly; and afterwards he was brought and placed next
below the Lord Mountegue.
The Earl Marshal signified, That he had somewhat
to deliver to their Lordships from His Majesty, the
Effect whereof was this:
Lords Commissioners appointed to treat with the Scottish Commissioners.
"That His Majesty understands that the Scotts Commissioners are come; and, as He hears, with full
Power and Commission to treat and conclude of Business; therefore He desires that the Commissioners on
both Sides may meet and treat with the like full
Powers: To that End His Majesty holds it fit, and is
so pleased, now to make Choice of the same Lords
Commissioners that were chosen and approved by
the Great Counsel at Yorke, to treat at Rippon, and
hath now given them the same full Commission and
Powers to treat and conclude Matters with the Scotts
Commissioners as He did at Yorke; and His Majesty
is likewise pleased to declare that, notwithstanding
the Power that is given to the said Lord Commissioners, yet nothing shall be concluded without
the Acquainting, Consent, and Approbations of both
Houses, therefore desires the Lords Commissioners
now may have the same Approbat on from both
Houses as they had from the Great Council at
Upon this it was thought fit to have a Conference
with a Committee of both Houses, for the better Expedition.
In the Interim, the Gentleman Usher signified to the
House, That there was a Message from the House
of Commons; and the Messengers, being admitted,
slood at the Lower End of the House, until the Lord
Keeper, bearing the Purse in his Arms, and accompanied with divers Lords, came to the Bar. Then the
Members of the House of Commons approached towards their Lordships; and, after many Obeisances
made, Mr. Pim delivered the Message, to this Effect:
Massage from the House of Cominous, touching the Examination of Witnesses in the Earl of Strafford's Cause.
"The Knights, Citizens, and Burgesses of the House
of Commons assembled, have commanded me to let
your Lordships know, that there were divers Witnesses, which the House of Commons were to produce in the great Cause now depending before
your Lordships, wherein they have charged the
Earl of Strafford of High Treason; some of those
Witnesses were Members of the House of Commons, and for those they had already made an
Order to be ready to be examined by your Lordships when they should be required; others are
Members, or Assistants, of this Honourable House;
and for those they desired that your Lordships
would order they might be examined upon Oath,
if it should be required; and because some of the
Witnesses to be produced in this Cause might be
of His Majesty's most Honourable Privy Council,
it was desired that your Lordships would take some
such Course as should seem best to your own Judgements, that they may be ready to be examined upon
Oath, if they be required.
"My Lords, Treason is such a Crime as, in the
first Preparation and Design, for the most Part
walks in the Dark; or, if it come Abroad, it is
with such Disguises as it is hardly to be discerned;
and therefore I am commanded to commend it to
your Lordships just Care and Wisdom, so to provide, that, when any Witnesses shall be produced,
they may be speedily examined; and both the
Names of the Parties, and the Matter of the Interrogatories and Answers, may be kept private, till
there shall be an Occasion to make Use of them;
whereby subtile Practices and Combinations may be
prevented, and the Truth secured from Corruption
and Concealment. There is only One Thing more
which I am to add, That your Lordships will be
pleased, that some Members of the House of Commons may be present at those Examinations, to
present to your Lordships new Interrogatories and
Questions, if it shall be needful."
After this, the Messengers withdrew themselves; and
the Lord Keeper reporting the Message to the House,
their Lordships thought fit, for the present, to return
them an Answer. And, being called in, the Lord
Keeper told them, that he had Directions from their
Lordships to give them this Answer: videlicet,
"That the Message is of great Importance, and
their Lordships will consider seriously of it, and will
send a further Answer by Messengers of their own."
A new Commission to treat with the Scots.
Next, the Commission under the Great Seal, whereby
His Majesty gave the Lords Commissioners full Power
to treat and conclude with the Scottish Commissioners
at Rippon, was read publicly, bearing Date 1 die
Novembris, 16° Caroli Regis; and it being read, their
Lordships Agreed, That this Commission should be vacated, and a new one speedily to be sealed.
Huc usque per Dominos examinatur,
This being ended, their Lordships began to think
what Heads were fittest to be delivered at a Conference
with both Houses; and the Effect was this: videlicet,
Heads for a Conference with the Commons, touching the Commission so treating with the Scots.
"That His Majesty hath thought fit to authorize,
by Commission under the Great Seal, the same Lords
Commissioners that were chosen at the Great Council
at Yorke, to treat with the Scottish Commissioners at
Rippon, and hath now given them the same full
Powers to treat and conclude here with the said
Scottish Commissioners: That this House doth now
approve of the said Lords Commissioners, and, because it is always the Form of such Commissions to
have Power to determine and conclude, this House
doth allow of the Commission, but hath Ordered
notwithstanding, That nothing done by them shall
bind or conclude this House, unless the House be
first acquainted therewith, and approve thereof."
Allowed by the Grand Committee for Privileges, 23
And this the Lords of this Honourable House have
commanded to be entered as an Order of this House, in
their Journal Book; and further, to represent the great
Calamity and Necessity which the Scottish Army doth at
this Time sustain, of which their Lordships have been
truly informed of, by Letters from some Lords of the
Scottish Commissioners; and, unless some speedy Course
for Relief be taken, Necessity will force them to commit those Acts which else they are unwilling to do: and
lastly, to take into Consideration how to speedily accommodate His Majesty's Army with a Supply: And so to
leave these Particulars to the Consideration of the House
These Heads being prepared, Mr. Justice Jones and
Mr. Justice Crawely were appointed to deliver the Message to the House of Commons, to this Effect: videlicet,
Message to the House of Commons, for the Conference.
That the Lords Spiritual and Temporal, in the High
Court of Parliament assembled, do desire a Conference, with a Committee of both Houses, presently (if
it stand with their Conveniency), in the Painted Chamber,
concerning the Treaty with the Scotts Commissioners,
which requires Expedition.
In the mean Time, the Lords Commissioners retired
themselves into the Prince's Lodgings, to prepare themselves against the Conference.
The Messengers return this Answer from the House
That they have taken the Message into Consideration,
and will give their Lordships a Meeting presently.
After this, the Lords went to the Conference; and
the Lord Keeper declared the House to be adjourned
Their Lordships being returned from the Conference;
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in tertiam horam
hujus dier post meridiem, Dominis sic decernentibus.
Report of the Message from the H C touching the Examination of Witnesles in the E of Strafford's Caule.
The Lord Keeper reported the Effect of the Message from the House of Commons, delivered by Mr.
Pim, concerning the Earl of Strafford's Business, in
hæc verba: (Here enter it):
"And for the better and freer Debate of this Matter,
the House was adjourned into a Committee, during
"After much Consideration of the many particular and weighty Points in it, their Lordships broke
the Body of the Message into Five Heads; which,
for the more clear and methodical Proceeding, and
the better to draw each Point to a Resolution,
their Lordships thought it fit to handle each Branch
distinctly, and to finish one before they fell upon
another, but, in regard it was late, their Lordships were pleased, for the more mature discussing
of the Particulars, to defer it until To-morrow
Morning; whereupon the House was resumed.
Heads of the Message.
"The Five Heads of the Message were these:
"1. The Examinations of the Members of the
House of Commons upon Oath.
"2. The Examination of the Lords of this House
and the Assistants upon Oath.
"The Examination of the Privy Counsellors upon
"4. To provide that the Proceedings may be
speedy and secret.
"5. About the Members of the House of Commons to be present (fn. *) at the Examinations."
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati,
videlicet, 21m diem instantis Novembris, hora nona,
Dominis sic decernentibus.