House of Lords Journal Volume 4: 9 April 1641

DIE Veneris, videlicet, 9 die Aprllis.

PRAYERS.

E. Strafford not well, and cannot come to the Hall.

The Lord Steward informed the House, That he doth understand, by the Lieutenant of The Tower, That the Earl of Strafford was this Night taken suddenly with a Fit of Sickness, whereby he is not able to come abroad this Day.

Upon this, the Lieutenant of The Tower was called in; who gave an Account to their Lordships, That this Morning, by Six of the Clock, the Earl of Strafforde sent for him, and told him that he was, about Eleven of the Clock at Night, taken suddenly siok, and was in that Pain that he was not able to stir in his Bed; and that it was not possible for him to come to Westm. Hall, as was expected he should do; but hoped he should be able to come the next Day.

Proof of his Illness.

Thomas Atkinson, Foot-boy to the Earl of Strafford, testified likewise, That his Lordship was last Night taken suddenly sick with a Vomiting, and was so ill that he was not able to come out of his Bed.

House of Commons to be acquainted with it.

Upon this, the House thought fit, that the Lieutenant of The Tower and the Earl of Strafford's Servant should deliver before the Members of the Commons what they informed their Lordships here, concerning the ill Health of the Earl of Strafferd; and to let them know that their Lordships hold it not convenient to proceed in the Evidence this Day; but that they intend to sit To-morrow Morning, at Eight a Clock, upon the Trial, having understood from the Earl of Strafforde that he hopes to be able to come To-morrow; and further, to let the House of Commons know, That this House will appoint some Lords, to see in what State of Health the Earl of Strafforde is; and that this House, intending to sit in the Afternoon, will acquaint them further concerning this Business, if their Lordships see Cause so to do.

Adjourn to Westminster Hall.

The Lord Steward adjourned the House to Westm. Hall.

Ld. Steward informs the Members of the H. C. of the E. of Strafford's Illness.

The Lords being sat in their Places, the Lord Steward told the Members of the Commons what Accident of Sickness had happened to the Earl of Strafford, to disable him from coming hither this Day.

Hereupon the Lieutenant of The Tower was commanded, upon Oath, to declare the Truth of his Knowledge; and he agreed in his Relation which he had made to the Lords above. Likewise Tho. Atkinson was produced to declare (but not upon Oath, being but Eighteen Years old) what he knew concerning the Earl of Strafford's being sick; and he testified to the same Effect as he had done to the Lords.

Commons desire they may proceed against him To-morrow, whether he comes or not.

After this, it was desired by the Commons, That, in regard the Earl of Strafford stands accused by the Commons of High Treason, and much Time hath been spent in this Business, that they might proceed against him Tomorrow, though the Earl of Strafford be absent.

House to sit upon the Trial To-morrow. Adjourn to the Chamber of Parliament.

Then the Lord Steward signified to the Commons, That the Lords will sit upon the Trial again To-morrow Morning, at Eight a Clock; and so adjourned the House to the usual Place above.

Committee to visit the E. of Strafford with Physicians.

The Lords being come up, the House appointed the Earl of Bath, Earl of Hartford, Earl of Essex, the Lord Pagett, and the Lord Seymour, to go to The Tower, and take such Physicians along with them as they shall think fit, to see in what State and Condition of Health the Earl of Strafford is; and to report the same to this House.

Adjourn.

Dominus Senescallus declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus diei, videlicet, 9^m diem instantis Aprllis, hora 2^a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Report that the E. of Strafford will be here To-morrow.

The Earl of Bath reported, That the Lords appointed by this House have been at The Tower, to see the Earl of Strafford, whom they found in his Bed, sick; but he doubts not but he shall be able to come To-morrow to the Hall; and will come, though he be carried by Four Men.

A Message from the House of Commons was delivered, by the Lord Russell:

Message from the H. C. concerning the Trial of the E. of Strafford.

To desire a present Conference, with a Committee of both Houses, if it stand with their Lordships Conveniency, concerning the Proceedings and Trial of the Earl of Strafford.

The Answer to the said Message was:

Answer.

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

Bishop of Salisbury Leave to be absent.

Ordered, That the Lord Bishop of Sarum have Leave, for his Health, to go for a Time into the Country.

Lords to report the Conference.

The Lord Privy Seal, Lord Steward, Earl Bath, Lord Viscount Say et Seale, and the Lord Roberts, were appointed to report the Conference; and the Earl of Bath to deliver at the Conference what he reported to this House, concerning the Earl of Straford's Sickness.

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

Conference reported.

The Lord Privy Seal reported the Effect of the Conference: "That the House of Commons do desire, their Lordships would Order, That the Proceeding against the Earl of Strafforde may go on To-morrow Morning; and the Members of the Commons to be heard in summing up their Evidence though he be not present, since that he is not to reply to that which they shall say, being no new Matter; and that the Earl of Strafferd may be concluded in Matter of Fact."

For debating of this, the House was put into a Committee during Pleasure; and, after some Consideration, the House was resumed; and it was Resolved, upon the Question, by the major Part,

Commons to proceed in summing up their Evidence against the E. of Strafford, whether he come or not.

That the House of Commons may proceed To-morrow Morning in summing up their Evidence, though the Earl of Strafford come not. Likewise,

E. of Strafford, after the Evidence is summed up, to be confined to Matter of Fact.

Resolved, upon the Question, by the major Part, That the Earl of Strafford shall be concluded, after such Evidence summed up, from recollecting his own Evidence in Matters of mere Fact.

A Message was sent to the House of Commons, by Baron Henden and Mr. Justice Heath:

Message to the H. C. to acquaint them with these Resolutions.

To let them know, that this House have Resolved, That, if the Earl of Strafford come To-morrow Morning to Westm. Hall, then their Lordships former Directions to stand; if he come not, then they may proceed in summing up their Evidence; and that the Earl of Strafforde shall be concluded, after such Evidence is summed up, from recollecting his own Evidence in Matters of mere Fact.

Adjourn.

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