House of Lords Journal Volume 4
22 March 1641

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 4: 22 March 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 194-195. URL: http://www.british-history.ac.uk/report.aspx?compid=35552 Date accessed: 20 November 2014.


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Die Lunæ, videlicet, 22 die Martii.

PRAYERS.

Orders read for the Trial of Earl Strafford.

The Orders and Directions appointed to be observed concerning the Trial of the Earl of Strafford were read.

Order about Earl of Strafford's Witnesses.

Next it was Ordered, That such Witnesses as the Earl of Strafford at his Trial shall produce for his Defence not to be examined in his Cause upon Oath; but may be examined upon Oath if the Members of the Commons do desire in their Behalf; and if the Earl of Strafford do re-examine them, it is to be upon the same Oath.

Earl of Strafford desires more Witnesses.

After this, a Paper was presented from the Earl of Strafford, to desire more Witnesses; but it was referred to be considered of in the Afternoon.

Arrangement of the Peers at his Trial.

Then it was Ordered, That the Lords do sit at the Trial on both Sides of the Court, according to their Antiquity.

Procession of the Lords to Westm. Hall.

The House was called; and the Lords went Two by Two, in their due Places, in their Robes, into Westm. Hall, the Place appointed for the Trial of the Earl of Strafford.

Lord Steward to adjourn the House to the Hall, and back occasionally.

Ordered, That the Steward is to adjourn this House from the usual Place to Westm. Hall, and from Westm. Hall to the usual Place above.

Adjourn to Westm. Hall.

Then the Steward declared, That this House was adjourned into Westm. Hall.

And the Lords being come into Westm. Hall, sitting on both Sides of the Court in their due Places, the Lord Steward sitting as Speaker on the Wool-sack, and the Commons sitting as a Committee of the whole House, behind the Peers on both Sides; the Lord Steward commanded the Lieutenant of The Tower of London, according to his Warrant from this House, to bring forth the Prisoner the Earl of Strafford to the Bar.

Earl of Strafford at the Bar.

The Earl of Strafford was brought by the Lieutenant of The Tower to the Bar, and kneeled until the Lord Steward commanded him to arise, and then told him he was this Day to answer to the whole Accusation of High Treason, which he stands charged of in the Name of the House of Commons now assembled in Parliament, and in the Name of all the Commons of England; and that this Day he is to receive his Trial for his Life.

His Impeachments read.

This being done; the Lord Steward commanded the First General Articles of High Treason brought up from the House of Commons against the Earl of Strafforde to be read publicly; which accordingly was done.

Next was publicly read the further Impeachment of the Earl of Strafford for High Treason.

His Answer read.

After this, was publicly read the Answer of the Earl of Strafforde, in Writing, to the whole Charge; which being read, the Lord Steward told the Earl of Strafford, That, he having heard his whole Charge and his whole Answer read, it now follows, that the Members of the Commons, that are appointed for managing of their Evidence, do proceed therein; but, by Reason that the Time present is so far spent, their Lordships have appointed To-morrow Morning, at Nine of the Clock, to hear the Evidence.

Adjourn to the Chamber of Parliament.

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

Adjourn.

Dominus Capitalis Justicarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 22m diem instantis Martii, hora nona, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

A Letter touching the Necessity of the Army in the North referred to the House by the King.

It was signified to the House, That His Majesty had commanded a Letter to be presented, and to be considered of by the Parliament, delivered to His Majesty from the Lord General of the Army, sent to him from some of the Commanders of our Army in the North, complaining of the great Necessity and Want which our Army sustains, for Lack of Monies and Provisions; which being read, their Lordships did resolve to refer it to be maturely considered of To-morrow in the Afternoon.

A Message came from the House of Commons, by Sir Nevill Poole:

Message from the House of Commons, wich an Act for reforming some Things mistaken in the Bill of Subsidies.

To let their Lordships know, that the House of Commons had passed an Act, for the reforming of some Things mistaken in the late Act, made this present Parliament for the granting of Four Subsidies, intituled, "An Act for the Relief of His Majesty's Army, and the Northern Parts of this Kingdom, and to make good the Acts of the Commissioners by them authorized or appointed, or to be authorized or appointed;" which Act Sir Nevill Poole delivered to their Lordships.

Debate about supplying the Armies in the North.

After this, the House fell into Debate of the Message from the House of Commons on Saturday last, concerning the joining with them in procuring Monies for supplying the present Necessities of both Armies.

For Consideration hereof, the House was adjourned into a Committee during Pleasure; and, after serious Debate, the House was resumed; and their Lordships sent a Message to the House of Commons, by Mr. Justice Reeves and Serjeant Whitefielde:

Message to the House of Commons, for a Conference concerning the Supply of the Armies in the North, and concluding the Treaty with the Scots.

To desire a free Conference presently, if it stand with their Conveniency, by a Committee of both Houses, concerning the Paper delivered at the last Conference; and to signify a Desire that both Houses may sit Tomorrow in the Afternoon.

The Effect of the Conference was:

"To let the House of Commons know, That their Lordships have considered of the Paper, and do concur for the supplying of both Armies with Monies; and that this House will join with them in any Way as they shall think fit, for procuring of such a Sum as may satisfy the present Necessities of both Armies. Further, To let them know, that their Lordships conceive that Monies will be hardly got (for that they conceive Men do keep their Monies, out of a Fear of unquiet Times), until there be Hopes of a settled Peace between us and the Scotts. For this Purpose, the Lords Commissioners have Command from their Lordships speedily to go on to finish the Treaty between us and the Scotts, and to know the Bottom and uttermost of their Demands in the last Artice; and then there shall be all convenient Speed made for the settling of the Peace and Unity of both Kingdoms, whereby this Kingdom may be free from the Charge of both Armies. Likewise to propound to the House of Commons, That both Houses may join to move the City of London, in a fit Way, to lend so much Money as will relieve the present Necessities of both Armies; with an Intimation to the City, that the holding up of their Monies will overthrow the Ends which they desire, of a Peace. And lastly, To let the House of Commons know, That this House will join with them in removing any Obstacle that may hinder the getting of Monies.

The E. of Bath,
The E. of Essex,
The E. of Bristoll, and
The L. Viscount Say & Seale,

Were appointed to deliver the Conference.

Act to amend the Subsidy Bill.

Hodie 1a et 2a vice lecta est Billa, An Act for the reforming of some Things mistaken in the late Act made this present Parliament, for the granting of Four Subsidies:

And committed to the

L. Privy Seal.
E. of Warwicke.
Bp. of Chester.
Bp. of Lincolne.
Ds. Strange.
Ds. Mandevile.

Their Lordships, or any Three, to meet at Seven a Clock To-morrow Morning, in the Little Committee Chamber.

Earl Strafford to be brought, de die in diem.

Ordered, That the Lieutenant of The Tower do bring the Person of the Earl of Strafford, to appear Tomorrow Morning, at Eight a Clock, in Westm. Hall, to receive his Trial upon the Charge of High Treason against him; and afterwards the Lieutenant of The Tower to bring him de die in diem, during the Time of his said Trial, by virtue of this Order.

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

Answer from the House of Commons.

That they will give a present Meeting, in the Painted Chamber, as is desired.

The House was adjourned during Pleasure; and the Lords went to the Conference; which being ended, the House was resumed.

Then

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 23m diem instantis Martii, hora nona, Dominis sic decernentibus.