House of Lords Journal Volume 4: 9 March 1641

Die Martis, videlicet, 9 die Martii.

PRAYERS.

Newport a distinct Parish from Carisbrook.

Hodie 1^a vice lecta est Billa, An Act for making the Town and Borough of Newport, in the Isle of Wight, a distinct Parish from Carisbrooke, and the Chapel of St. Thomas there to be a Parish Church.

Upon a Motion from the Lords Committees for Petitions, it was Ordered, That

Have Power to re-examine the Cause between the University of Oxford and the City, and to order and compose the Differences between them, for the settling and establishing a Peace between them: and afterwards to report the same to this House.

Treaty with the Scots.

The Earl of Bristoll signified to the House, That the Lords Commissioners have delivered the Paper to the Scots Commissioners, as by Command of both Houses of Parliament; and they have promised to return an Answer in convenient Time.

Cessation of Arms almost expired.

Likewise he further informed the House, That the Cessation of Arms with the Scots will within Eight Days expire; therefore moved (if the House thought it fit), That it might be propounded to the House of Commons, by Way of Conference of both Houses, whether they will give Way for renewing the Cessation of Arms for a Month longer, upon the same Terms, if the Treaty lasts so long; which Motion this House approved of, and consented to.

Hereupon a Message was sent to the House of Commons, by the Master of the Rolls and Mr. Attorney General:

Message to the H.C. for a Conference to consult of continuing it a Month longer.

To desire a Conference, by a Committee of both Houses, presently, if it stand with their Conveniency, in the Painted Chamber, concerning the Scots Business, and the Cessation of Arms.

Ordered, That the Lords Commissioners do, at the Conference, give an Account to the House of Commons, touching the Delivery of the Paper to the Scots Commissioners, concerning the last Article, and concerning the Proposition of the Cessation of Arms; and that this House agrees and consents thereunto, if the House of Commons shall do the like.

F. Thanet's Petition.

The Petition of the Earl of Thanett was read; and the House did Order, That Edward Scras, Walter Scras, and Freinde, be sent for, by the Gentleman Usner attending this House, to appear, and answer the said Complaints.

Sir David Fowles, Sir Pierce Crosbie, and Sir Tho. Laton's Causes.

Ordered, That Sir David Fowles's Cause, Sir Peirce Crosebie's Cause, and Sir Tho. Latonn's Cause, be heard on Friday next, in the Afternoon.

Sir Sigismund Zinzand al. Alexander's Petition.

The Petition of Sir Sigismund Zinzand, al. Alexander, Knight, was read, and referred to the Committee for Petitions.

Ld. Finch to be proceeded against.

It was moved, That some Signification be made to the House of Commons, That, if the Lord Fynch comes not in, and appear here, according to the Proclamation, then they may proceed against him in their Accusation of High Treason; which this House approved of.

The Answer from the House of Commons to the Message was:

Answer from the H.C. to the last Message.

That the House of Commons will give a present Meeting, as is desired.

Lords to sit at Committees according to their Dignities.

It was moved, that the Lords at the Committee might sic according to their Dignities, and Order of the House; which was consented to.

Report of the Conference concerning the Scots Business.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the Earl of Bristoll reported, "That, according to the Command of their Lordships, he hath let the House of Commons know, That the Paper is delivered concerning the Eighth Article to the Scotts Commissioners; who express, That they are sensible of the Charge of this Kingdom concerning the Armies; and they will, in what concerns them, expedite the Business; and they hope that the House of Commons will do the like in that which lies in their Part; and then propounded the Cessation of Arms to their Consideration, with an Intimation that this House had approved and consented thereunto, in Case that they concurred with them."

Report from the Committee concerning the Method of Proceeding at the E. of Strafford's Trial.

The Lord Privy Seal reported what (fn. 1) Opinion the Committee for Privileges were of, touching the Earl of Strafford's Business, referred to them, being the Message from the House of Commons. "The First Particular was, a convenient Place to be appointed for the Trial, for that the Committee were of Opinion, and thought fit, to put That upon the House of Commons, to shew Precedents where the Place hath been changed; for locally the Judicature hath been in this House.

"2. Conveniency of Room for both Houses. The Committee were of Opinion, To know of the House of Commons, whether they intend to come in a Body, or only as Members of the House, and to shew Precedents for this; and the Reason expressed by Word of Mouth, but not contained in the Paper, to be explained; videlicet, to inform their Consciences for giving their Votes.

"3. They desire that some Members of their House do manage the Evidence. The Committee were of Opinion, That the House of Commons do expound themselves, whether they intend by this Word "manage," the marshaling of the Evidence, and applying the Proofs to the Points of the Heads, or to inforce the Evidence; and that they produce Precedents of this likewise.

"4. They do not expect that any Counsel shall be allowed the Earl of Strafford at the giving Evidence upon the Trial; which, he said, the Opinion of the major Part of the Committee was, That, in Point of Fact merely, he is not to be allowed Counsel; but, in Point of Law, to have Counsel."

After this, a Petition of the Earl of Strafford's was read, in hæc verba:

E. Strafford's Petition read.

"To the Right Honourable the Lords Spiritual and Temporal, in the High Court of Parliament assembled.

"The humble Petition of Tho. Earl of Strafforde, His Majesty's Lieutenant General of Irelande.

"Humbly sheweth,

"That the Petitioner hears it reported, that the Honourable House of Commons moves your Lordships, that Counsel may not be admitted him at his Trial.

"The Petitioner humbly craveth of your Nobleness and Justice, to be admitted by your Lordships to speak for himself at the Bar, either by his Counsel, by himself, or by both, as he shall take to be best for his the Petitioner's Defence, before any Thing be concluded to your Petitioner's Prejudice; and that a Day may be prefixed him to that Purpose.

"And he shall pray for the lasting Honour and Increase of all Happiness to your Noble Lordships and Posterity."

Hereupon the House thought fit, before they give an Answer to the said Petition, to consider whether a Petition, taking Notice, by Report or Hearsay, of what is done in this House, shall be heard; but no Resolution now given.

Next, the House was put into a Committee during Pleasure, to debate the Particulars of the Report made by the Lord Privy Seal, touching the Earl of Strafford's Business.

Upon this, the Lords the Bishops withdrew, it being Agitatione Causæ Sanguinis.

E. Strafford to be allowed no Counsel for Matters of Fact.

The House being resumed; it was Ordered, That the Earl of Strafford, in Matters of mere Fact, shall not make Use of his Counsel; but, in Matter of Law, he shall be allowed Counsel; and, if any Doubt arise what is Matter of Fact and what is not Matter of Fact, the Lords will reserve unto themselves the Judgement thereof.

A Message from the House of Commons, by Sir Jo. Holland:

Message from the H.C. for a Conference about a Cessation of Arms with the Scots.

To desire a Conference, by a Committee of both Houses, as soon as it may stand with their Lordships Conveniency, touching the last Conference, concerning the Cessation of Arms with the Scotts.

The Answer to the said Message was:

That their Lordships will give a Meeting presently, as is desired, in the Painted Chamber.

Lords to report the Conference.

The Earl Marshal, Earl of Essex, Earl of Bristoll, and the Lord Wharton, were appointed by the House, to report the Conference.

Conference reported.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Earl of Bristoll reported the Conference: "That the House of Commons do unanimously approve and consent with this House, touching the Continnance of the Cessation of Arms with the Scots for One Month longer, videlicet, from the 16th of this Instant March, to the 16th Day of April next, upon the same Terms as the former, in Case the Treaty last so long."

Whereupon it was Ordered by this House, That this House doth likewise concur with the House of Commons in the same, in every Thing, as aforesaid; and that the Lords Commissioners be ordered to deliver the same to the Scotts Commissioners, as the Approbation and Consent of both Houses of Parliament.

Reeves to be bound to recant, and be discharged.

It is this Day Ordered, by the Right Honourable the Lords Spiritual and Temporal in the High Court of Parliament assembled, upon the Report of the Lords Committees for Imprisonments, That Hugh Reeve, Clerk, Parson of Ampthill, in the County of Bedford, shall, according to an Order of this House made the Three and Twentieth of February last past, make a Recantation, according as it is drawn up by Direction of the said Order; and that he, the said Mr. Reeve, is to enter into Bond of Five Hundred Pounds, unto the Reverend Father in God John Lord Bishop of Lincolne, to perform the same; and upon the doing of which, the said Lord Bishop will be pleased to undertake, that he, the said Mr. Reeve, shall have paid to him Ten Pounds per Annum, during his Natural Life; and their Lordships further Order, That the said Mr. Reeves shall (by virtue hereof) be free and discharged of any Restraint that lieth upon him by the Serjeant at Arms, or any other Restraint whatsoever from this most Honourable and High Court.

Money raised by the Lottery for bringing Water to London.

Ordered, etc. That the King's Attorney General shall have Power (by virtue of this Order) to call those Parties that have received any Monies raised by the late Lottery, and now intended to be employed for the bringing of a Stream of Water to the Cities of London and Westm. and to give the Lords an Account in whose Hands the said Monies are, that thereby the Lords in Parliament may dispose of the same to the said Work, according as their Lordships in their Wisdoms shall think fit; and to be conveyed into such Hands as by the Directions of this Court shall undergo the Work.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 10^m diem instantis Martii, hora nona, Dominis sic decernentibus.