House of Lords Journal Volume 4: 1 April 1641

DIE Jovis, 1 die Aprilis.

PRAYERS.

House not to sit on E. of Strafford's Trial Tomorrow.

Ordered, That this House is not to sit To-morrow in Westm. Hall, upon the Trial of the Earl of Strafford.

Adjourn to Westminster Hall.

The Lord Steward adjourned this House to Westm. Hall.

E. of Strafford at the Bar.

The Peers being set all in their Places, the Lord Steward signified to the Members of the House of Commons that managed the Evidence, That they might go on in their Charge against the (fn. 1) Earl of Straford, who was brought to the Bar by the Lieutenant of The Tower.

13th Article.

Then Mr. Maynard proceeded to the Thirteenth Article: "That the Earl of Strafford, having gotten great Quantities of Flax into his own Hand, did issue out several Proclamations, one dated 21st of May, 11th Year of His Majesty's Reign, and the other dated the 30th of January, in the same Year, thereby enjoining the working of Flax into Yarn and Thread, and the ordering of the same in such Ways wherein the Natives of that Kingdom were unpractised and unskilful; which Proclamations were, by his Warrants and Commands, and rigorous Means, put in Execution; and the Flax wrought and ordered in other Manner than as the said Proclamation prescribed, was seized and employed, to the Use of him and his Agents, etc."

Next was read a Warrant, under the Lord Deputy's own Hand and Seal, for the seizing of all Yarn made contrary to the Proclamation, etc.

Proofs.

Then was produced Benjamin Crokey, Sir Jo. Clattworthy, the Lord Rannelaugh, Patrick Gough, Mr. Fitzgarrard, as Witnesses upon Oath, to prove this Article.

Answer.

Reply.

The Earl of Strafforde made his Answer hereunto; which being done, Mr. Maynard made a short Reply.

15th Article.

After this, Mr. Palmer proceeded to the Fifteenth Article, whereof he opened but a Branch at this Time, which was: "That the Earl of Strafforde did give Authority unto Robert Savile, a Serjeant at Arms, and to the Captains of the Companies of Soldiers, to send Soldiers to lie on the Lands and Houses of such as would not conform to his Orders, until they should render Obedience to his said Orders and Warrants; and, after such Submission (and not before), the said Soldiers to return to their Garrisons, etc."

Debate whether a Copy not attested shall be allowed to be read.

Next, the Commons offered to give in Evidence a Copy of the Warrant from the Lord Deputy, to Savile, the Serjeant at Arms; but, it being not attested to be a true Copy, the Earl of Strafford excepted against the Reading of it, and being not the Original. But the Members of the Commons that managed the Evidence pressing that they might have the Benefit of it;

Adjourn to the Chamber of Parliament.

Unattested Copy not to be read.

The House was adjourned to the usual Place above, to consider of it; and, after Debate, it was Resolved, That the Copy of the Warrant should not be read, because it was not attested; but that the House of Commons might go on to prove the Authority given to the Serjeant at Arms by the Warrant from the Earl of Strafford, and the Execution of it.

Adjourn to Westminster Hall.

This being done; the Lord Steward adjourned this House to Westm. Hall; and there the Lord Steward signified to the Commons what their Lordships had resolved on.

Proof of 15th Article.

The Commons proceeded in their Evidence, and produced Robert Savill, Serjeant at Arms, Patrick Clere, Richard Welsh, Nicho. Ardagh, Edm. Berne, Robert Kenneday, Lord Rannelaugh, all Witnesses upon Oath, to prove the said Article.

Answer.

The Earl of Strafforde, after a Time of Repose, to recollect himself, and to peruse his Notes, made his Answer hereunto; and produced the Lord Dillon, Sir Arthur Tyrringham, Jo. Conly, Henry Dillon, Lord Rannelaugh, Nicho. Ardah, as Witnesses without Oath; and concluded with a Statute of 8 E. IV, which, as he said, repealed the Statute of 18 H. VI. Cap. iii. and likewise cited a Statute of 10 H. VII. Cap. xxii. and a Judgement of Parliament, 11 Eliz. Cap. vii. Irish.

Reply.

This being ended, Mr. Palmer made a Reply.

Adjourn to the Chamber of Parliament.

Then the Lord Steward signified to the Members of the House of Commons, That the Lords will sit again on Saturday Morning, at Eight a Clock; and so adjourned the House to the usual Place above; and the Peers being come to the House above, the House was adjourned.

Adjourn.

Dominus Senescallus declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 2^m diem instantis Aprilis, hora septima, Dominis sic decernentibus.