Die Jovis, 15 April', 1641.
PRAYERS.
Proceedings against Earl of Straford.
NR. Capell went up to the Lords with this Message;
to desire a free Conference, by a Committee of
both Houses, concerning the Proceedings against the
Earl of Straford, so soon as may stand with their
Lordships Conveniency.
Mr. Solicitor, Mr. Maynard, Mr. Glyn, Sir Jo. Colpeper, Mr. Pimme, Mr. Whittlock, Mr. Whistler, Mr.
Strode;
This Committee is to retire presently, into the Committee-chamber, to prepare Heads for a Conference,
concerning the Proceedings against the Earl of Straford.
Leave of Absence.
Mr. King has Leave to go into the Country, for Recovery of his Health, for some convenient Time; but he
is first to leave such Books of Accompts, Patents, and
other Papers that he has in his Custody; and the Notes
that he has taken at the Committees for Salt, Soap, Leather, Coal, and Algiers, where he has the Chair; and
to deliver them to Mr. Goodwyn, or whom he shall think
fit: And he is so to prepare his Notes, that Mr. Goodwyn,
or any other whom he shall intrust with them, may be
able to make use of them, if Occasion be.
Conference agreed to.
Mr. Capell brings Answer, that their Lordships will
give a Meeting, by a Committee of the whole House, in
the Painted Chamber, presently, as is desired.
Leave of Absence.
Mr. Napier has Leave to be absent, and to go into
he Country, for some convenient Time.
Proceedings against Earl of Straford.
Mr. Maynard reports, from the Committee, the Heads
of the Conference to be desired with the Lords, concerning the Proceedings against the Earl of Straford, to this
Effect:
1. To offer unto their Lordships, that it was last
Night Five of Clock before this Intimation of their
Lordships Intention to hear the Earl of Straford's Counsel, came to this House.
.. That, upon some Conferences heretofore had
with their Lordships, a Saving was made by this House
in that Point; whether Counsel should be heard or not;
and 'tis not now Time to consider whether they should
depart from this Saving.
3. Great Difficulties to know to what Purpose the
Counsel shall be heard, the Case not being stated,
agreed on, or made: Then, to propound the Danger and
Inconveniences, if his Counsel make a Case, and ravel
into all our Evidence, in such an Auditory; and whether to dispute the Case as 'tis alledged in the Articles.
That the Evidence of Fact being given, it was in
Proposition from the Beginning, to go by way of Bill:
And that a Bill is exhibited here for his Attainder.
That the Proceeding, by way of Bill, stands in no way
of Opposition to those Proceedings that have already
been in this Business.
These several Considerations make more Difficulty in
this House, than to come to a sudden and present Resolution.
Resolved, upon the Question, That these shall be the
Heads of this Conference.
The Committee appointed to prepare the Heads, are
likewise appointed to manage; and report the Conference, if Occasion be.
Mr. Maynard reports, that the Earl Marshal acquainted them, That he had made a Report of what had
been delivered by the House of Commons; they had
entered into Debate of it, and so soon as they had come
to a Resolution, they would send Answer by Messengers
of their own; but, in the mean time, they had put
off the Hearing the Earl of Straford's Counsel for
this Day.
Attainder of Earl of Straford.
Ordered, That the House be resolved into a Committee to debate farther the Bill of Attainder of Tho.
Earl of Straford.
Mr. Speaker left the Chair.
Mr. Perd was called to the Chair.
Mr. Speaker reassumed the Chair.
Counsel in the Lords.
Mr. Perd, Mr. Palmer, and Mr. Holborne, have
Leave to be of Counsel before the Lords.
House to meet.
Ordered, That the House meet this Afternoon, at
Three of Clock.
Post Meridiem
Skinners Trade.
1a
vice lecta est Billa, An Act for Continuance of
some Part of a Statute, made in the Third Year
of King James, intituled, An Act for Relief of such as
lawfully use the Trade and Handicraft of Skinners, and
for the Enlargement thereof; upon Question, rejected.
Trifling Suits
1a
vice lecta est Billa, An Act for the better Avoiding
of the infinite Number of small and trifling Suits, commenced in the Courts at Westminster.
Leave of Absence.
Mr. Taylor has Leave to go into the Country for some
convenient Time.
Treaty with Scotland.
A Committee of the House went up to the Conference
desired by the Lords, concerning the Treaty between the
Two Kingdoms, according to an Order of Yesterday.
The same Reporters were appointed as were Yesterday.
Proceedings against Earl of Straford.
A Message from the Lords, by J. Foster and J.
Heath;
The Lords desire a free Conference, by a Committee
of both Houses, concerning the Business of the Proceedings against the Earl of Straford, presently, if it may
stand with the Conveniency of this House, in the
Painted Chamber.
Answer returned by the same Messengers;
This House has taken their Lordships Message into
Consideration; and will give a Meeting presently, as is
desired.
The same Committee that managed the Conference
this Morning, are to manage this; and to report it, if
Occasion be.
Mr. Fines is added to this Committee.
If any new Matter be propounded by the Lords at
this Conference, the Committee is to give no Answer
unto it, but report it to the House.
Mr. Whitlock reports this Conference.
Lord Say told them, that they had taken into Consideration this great Business, and were not absolutely
resolved how it should proceed; that the Lord of Straford's Counsel should have Notice to attend there Tomorrow; and should not speak to any Matter of Fact,
but to Matter of Law only.
It was afterwards said by another Lord, that the Time
[was] so short, that they had resolved not to send for him
till [they] heard from this House.