Die Jovis, videlicet, 18 die Martii.
Business before the Committee for Imprisonments, etc. referred to the Committee for Petitions.
Ordered, That the Committee for Examination of
Abuses in Courts of Justice, and false Imprisonments,
which sits in the Mornings, be laid down; and all the
Causes now or shall be depending, belonging to that
Committee, be referred unto the Committee for Petitions.
Treaty with the Irish Commissioners, about disbanding the Irish Army.
The Irish Commissioners were present in the House;
and being asked what their Opinions were concerning
the disbanding of the new Irish Army, they desired
Time to advise in so great a Business, they being Commissioners for that Kingdom. Hereupon the House
did Order, That the Earl of Bath, the Earl of Bristoll,
the Earl of St. Albans, and Lord Viscount Say et Seale,
with the Assistance of the Earl of Corke, and the Lord
Viscount Willmott, do meet this Afternoon, at Two
a Clock, and acquaint the Irish Commissioners with
the true State of the Particulars concerning the disbanding of the new Irish Army, and what hath passed
between this House and the House of Commons concerning the same, and desire them to take it into their
serious Considerations, and give this House an Answer
on Saturday Morning next, what their Opinions and
Advice is therein.
The King to be moved about the Planters of New England.
After this, the Counsel of the Planters of Newe
England was heard, to declare unto the House why
their Ships were restrained from going to New England,
when they were fully freighted and victualed for the
Voyages; and it was alledged, that their Ships were
restrained by Two several Orders from the Council
Table, one in February 1633, the other in April 1638;
and after these, by a Proclamation, notwithstanding
His Majesty's Letters Patents, dated 4 Martii, Anno
4° Caroli, which grants to the Planters of New England divers Liberties; as, to transport those of His
Majesty's Liege People as are willing to go, and also
Liberty to transport Shipping, and divers Commodities
of this Kingdom. Hereupon the House did Order,
That these Lords following do move His Majesty, That
these Restraints may be taken off; and that the Planters
of New England may enjoy and and receive the Benefit of
their Letters Patents, which they have from His Majesty:
The L. Chamberlain.
The E. of Bath.
E. of Bedford.
|E. of Bristoll.
L. Viscount Say et Seale.
According to an Order of this House, made Yesterday,
the Petition which some Lords presented to His Majesty
at Yorke was brought in, and read openly, in hæc verba:
The Lords Petition, presented to His Majesty at York.
"To the King's most Excellent Majesty.
"The humble Petition of Your Majesty's most
loyal and obedient Subjects, whose Names are
underwritten, in the Behalf of themselves
and divers others.
"Most Gracious Sovereign,
"The Sense of that Duty and Service which we
owe to Your Sacred Majesty, and our earnest Affection to the Good and Welfare of this Your Realm
of England, have moved us, in all Humility, to
beseech Your Royal Majesty, to give us Leave to
offer to Your Princely Wisdom the Apprehension
which we and other Your faithful Subjects have conceived, of the great Distempers and Dangers now
threatening the Church and State, and Your Royal
Person, and of the fittest Means by which they may
be removed and prevented.
"The Evils and Dangers, whereof Your Majesty may
be pleased to take Notice, are these:
"That Your Majesty's Sacred Person is exposed to
Hazard and Danger in the present Expedition against
the Scottish Army; and, by Occasion of this War,
Your Revenue is much wasted, Your Subjects burthened with Coat and Conduct Money, billeting of
Soldiers, and other Military Charges; and divers Rapines and Disorders committed in several Parts of this
Your Realm, by the Soldiers raised for that Service;
and Your whole Kingdom become full of Fears and
"The sundry Innovations in Matters of Religion,
the Oath and Canons lately imposed upon the Clergy,
and other Your Majesty's Subjects.
"The great Increase of Popery, and the employing
of Popish Recusants, and others ill affected to the
Religion by Law established, in Places of Power and
Trust, especially in commanding of Men and Arms,
both in the Field and in sundry Counties of this Your
Realm; whereas by the Laws they are not permitted
to have Arms in their own Houses.
"The great Mischief which may fall upon this Kingdom, if the Intentions which have been credibly reported of bringing in Irish and Foreign Forces should
"The urging of Ship-money, and prosecuting of some
Sheriffs in the Star-chamber for not levying of it.
"The heavy Charges upon Merchandize, to the
Discouragement of Trade.
"The Multitude of Monopolies, and other Patents,
whereby the Commodities and Manufactures of the
Kingdom are much burthened, to the great and universal Grievance of Your People.
"The great Grief of Your Subjects, by the long
Intermission of Parliaments; and the late and former
dissolving of such as have been called, without the happy Effects which otherwise they might have promised.
"For Remedy whereof, and Prevention of the Dangers that may ensue to Your Royal Person, and to
the whole State, they do, in all Humility and Faithfulness, beseech Your most Excellent Majesty, that You
would be pleased to summon a Parliament, within
some short and convenient Time, whereby the Causes
of these and other great Grievances, which Your
People lie under, may be taken away, and the Authors and Counsellors of them may be there brought
to such legal Trial and condign Punishment as the
Nature of their several Offences shall require; and
that the present War may be composed by Your Majesty's Wisdom without Blood, in such Manner as
may conduce to the Honour and Safety of Your
Majesty's Person, the Comfort of Your People,
and the uniting of both Your Realms against the common Enemies of the Reformed Religion.
"And Your Majesty's Petitioners shall ever
Wm. Saye & Seale.
Lords Petitioners to receive the Thanks of this House.
Resolved, upon the Question, nemine contradicente,
That for the Honour of the Lords Petitioners, this Petition be recorded in this House, with their Names thereunto; and that this House doth give them Thanks for
it, as being just, legal, and good, both for the King and
Resolved, upon the Question, nemine contradicente,
That this House doth approve of the Substance and
Contents of this Petition, and do make it as an Act of
Lords who delivered the Petition, to have the Thanks of the House.
Ordered, That this House gives Thanks to the
Lord Mandevile and the Lord Howard, for carrying
this Petition to the King.
Dr. Cosens and others, named in the Impeachment, to put in Bail.
Ordered, That those Persons that are nominated in
the Impeachment, brought up from the House of
Commons, against Dr. Cosens, being now in the Custody
of the Gentleman Usher, do put in Bail To-morrow
Morning, for their Forth-coming, and being present at
the Judgement of Parliament, if any shall be against
them; and the Charge to be then read.
Provisional Order concerning the Petitioners against the E. of Strafford being relieved.
Upon the Report of the Committee appointed to
consider and set down some Way of Provision, how all
the Parties that have petitioned this House against the
Earl of Strafford shall receive Reparation, in Case any
appear to be justly due unto them, and the Earl of
Strafford judged to be guilty of High Treason at his
Trial, That the Opinion of the Committee, and likewise the Judgement of the Lord Chief Justice, was,
"That there can be no provisional Course in this Case,
but by an Act of Parliament," which cannot now be
done; but hold it fit that this be entered as a provisional Order in the mean Time, on the Behalf of all
such Petitioners as aforesaid; and with them the Lord
Cottington, and the Lord of Valentia, Sir Rowland Wanesford, and the Creditors of the Earl of Carlile, are to be
relieved in this Case; and further, that hereafter the
King be moved by this House, That His Majesty may
be pleased to give His Royal Assent to a Bill in Parliament, to relieve the Parties above-mentioned, and other
Petitioners to their Lordships, against the said Earl, if
their Cause, upon due Trial and Examination, shall be
found just and right, and the said Earl of Strafford
shall be evicted at his Trial. All which was Ordered
After this, the Earl of Strafford's Petition was read:
E. Strafford's Petition for Continuance of his Counsel.
"To the Right Honourable the Lords Spiritual
and Temporal, in the High Court of Parliament assembled.
"The humble Petition of Tho. Earl of
Strafford, His Majesty's Lieutenant General of Ireland.
"Most humbly shewing,
"That your Petitioner having, on Friday last, desired
the Assistance of his Counsel the Day following, they
apprehended some Discouragements, and did forbear;
and so likewise did on Monday and Tuesday last; but
some of them having been with him Yesterday in the
Afternoon, your Petitioner doth since understand that
they are again doubtful of coming any more. By
which Means your Petitioner hath not only lost Three
Days already, but is like to want those needful Helps
in Matter of Law, which your Lordships have been
nobly pleased to vouchsafe unto him, and renders him
unprepared for his Trial on the Day prefixed by
"His humble Suit therefore is, That your Lordships will be nobly pleased, in your great
Wisdoms, to settle some positive Rule for his
Counsel's resorting unto him; and that, for the
Reasons aforesaid, of so many Days Hindrance,
for Want of his Counsel, your Lordships will
be pleased to grant him further Time till Wednesday the 24th of this Instant, for his Trial.
"And he shall with unto your Noble Lordships the Increase and Continuance of all
Honour and Happiness.
E. of Strafford's Counsel to do their Duty:
Hereupon the House did Order, That the Counsel of
the Earl of Strafford shall do their Duty, according to
the Assignment and former Order of this House.
Order about Earl Strafford's Witnesses.
Then the House considered what Answer to give to
the Earl of Strafford's Petition of the 8th of this Month;
wherein he prays, "that he might have Orders and
Warrants for producing such Witnesses as he shall
find needful at his Trial;" next, that he might examine Witnesses in Writing, and Liberty to cross examine
and except against Witnesses.
And it was Resolved, upon the Question, by the
major Part, That the Earl of Strafford shall have Warrants from this House, to produce such Witnesses as will
not come without Warrant (Affidavit being made thereof); and this to be against his Trial, and no Delay of
Ordered, That the Earl of Strafford shall have
Liberty of this House to examine such Witnesses (without Oath) at his Trial, at the Bar, as are necessary for
his Defence; and also may cross-examine Witnesses at
the Bar viva voce, but not upon Oath.
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in diem
Veneris, videlicet, 19m diem instantis Martii, hora nona,
Dominis sic decernentibus.