House of Lords Journal Volume 4
11 November 1640

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1767-1830

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'House of Lords Journal Volume 4: 11 November 1640', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 88-89. URL: http://british-history.ac.uk/report.aspx?compid=35448 Date accessed: 02 September 2014.


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DIE Mercurii, videlicet, 11 die Novembris.

PRAYERS.

Commissioners to acquaint both Houses with the Proceedings at Rippon and York.

Earl of Warwicke moved the House, That His Majesty hath commanded the Lords Commissioners for the Treaty with the Scottish Commissioners, that they do speedily give a full and clear Account to a Committee of both Houses, of the Proceedings at Rippon and Yorke. And it was Agreed by the House, That the said Lords Commissioners might withdraw themselves, to prepare and put the Particulars into a proper and fit Method for the aforesaid Conference, which was accordingly done.

Whereupon a Message was sent to the House of Commons, by the Lord Chief Justice, and Mr. Justice Foster, to this Effect as follows:

Message to the H. C. for Conference concerning them.

That His Majesty hath commanded the Lords Commissioners to give an Account to both Houses of their Proceedings at Yorke, and Treaty with the Scottish Commissioners at Rippon; and, to that Purpose, their Lordships do desire a Conference, with a Committee of both Houses (if it may stand with their Conveniency), at Three of the Clock in the Afternoon, in the Painted Chamber.

Bishops licensed to be absent for Choice of a Prolocutor.

Upon a Motion made by the Lord Archbishop of Cant. That this being the First Day of the Adjournment of the Convocation from St. Paul's Church in London, to The Abbey in Westminster, and having not as yet any Prolocutor settled, without which the whole Body will be void, and this Day being a peremptory Day appointed for that Business, that their Lordships would be pleased to spare him, and some Four others of the Lords the Bishops, from attending the Committee of both Houses this Afternoon; but the rest of the Lords the Bishops to attend their Lordships at the Conference; which was so Assented unto by the House.

The Answer from the House of Commons to the Message of this Honourable House was to this Effect:

Answer of the H. C. to the last Message.

That the House of Commons doubt they shall not be ready at that Time which their Lordships have appointed, being at this Time very busy about weighty Business: But, if they can, they will return an Answer, by Messengers of their own.

Queen's Jointure-Bill.

Hodie 1a et 2a vice lecta est Billa, An Act concerning divers Letters Patents made to the Use of the Queen's Majesty's Jointure, &c. And committed to these Lords following: videlicet,

L. Archbp. of Cant.
L. Treasurer.
L. Privy Seal.
E. Marshal.
L. Chamberlain.
E. of Bedford.
E. of March.
E. of Monmouth.
L. Bp. of Winton.
L. Bp. of Chester.
L. Bp. of Co. et Litchfield.
L. Bp. of Ely.
Ds. Mowbray.
Ds. Pagett.
Ds. Goringe.
Ds. Herbert.
Lord Chief Justice of the Common Pleas,
Mr. Justice Barkley, and
Mr. Attorney General,
Attendants.

To meet on Friday Morning next, videlicet, 13 Novembris, at Eight of the Clock, in the Prince's Lodgings.

E. of Cambridge excused.

The Earl of Cambridge was excused for his Absence, because he waited upon His Majesty this Morning, when He went to The Tower.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esle usque in horam tertiam post meridiem hujus dier, Dominis sic decernentibus.

Die Martis, Julii, 1698.

THE Earl of Rochester, reported from the Lords Committees appointed to inspect the Journals of this House, in the Year 1640 and 1641, relating to the vacating and obliterating divers Proceedings therein, pursuant to the Act for reversing the Earl of Strafford's Attainder, as followeth. videlicet,

Upon Perusal of the Journals of this House, in Relation to the Proceedings upon Impeachments from the House of Commons, it appears plainly, That, by the former Orders made by this House, relating to the canceling and obliterating the Proceedings against the Earl of Strafford, according to the Act of Parliament made for the reversing of the said Earl's Attainder, it could not be intended that any other Proceedings should be obliterated than those relating specially to the said Act of Attainder, it is therefore Ordered, and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That whatsoever stands crossed upon the Journals, relating to the Proceedings of the Impeachment of the said Earl, ought not, nor shall be looked on, as obliterated, and that the several Orders for obliterating and vacating any Proceedings concerning the Earl of Strafford must be taken to have been intended as to what related to the Act of Attainder only."

Which Report being read, was Agreed to by the House.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That there be a Note, or Memorandum, of the aforesaid Order entered in the Margin of the Journals, where any Proceedings relating to the Impeachment of the Earl of Strafford hath been obliterated, which do not concern the Act of Attainder.

Post meridiem.

PRAYERS.

(fn. †) A Message from the House of Commons, delivered by Mr. Pim, to this Effect as followeth: videlicet,

My Lords,

Message from the H. C. to impeach the E. of Strafford.

The Knights, Citizens, and Burgesses, now assembled for the Commons in Parliament, have received Information of divers traiterous Designs and Practices of a great Peer of this House; and, by virtue of a Command from them, I do here, in the Name of the Commons now assembled in Parliament, and in the Name of all the Commons of England, accuse Thomas Earl of Strafford, Lord Lieutenant of Ireland, of High Treason. And they have commanded me further to desire your Lordships, that he may be sequestered from Parliament, and forthwith committed to Prison. They have further commanded me to let your Lordships know, that they will, within a few Days, resort to your Lordships, with the particular Articles and Grounds of his Accusation; and they do further desire that your Lordships will think upon some convenient and fit Way, that the Passage between Ireland and England, for His Majesty's Subjects of both Kingdoms, may be free, notwithstanding any Restraint to the contrary."

After this, the Commons withdrew; and the Lord Keeper reported the Effect of it to the House. And, after their Lordships had considered of the Message, they resolved to give this Answer for the present, by the Lord Keeper: videlicet,

Answer.

That the Lords do let them know, that they have been made acquainted with the Charge of High Treason, which the Commons have made against the Earl of Strafford; and their Lordships do not doubt but that the Commons did take great Consideration in it before they came hither, and their Lordships will take it into their Consideration, and will send them a further Answer, by Messengers of their own.

Earl of Strafford ordered to withdraw.

To be committed to the Custody of the Gentleman Usher.

Whereupon the Commons went to their own House; and the Earl of Strafford, coming into the House, was commanded to withdraw. Then their Lordships, falling into a serious Debate of the Message, concluded, and Ordered, That the Earl of Strafford, for this Accusation of High Treason by the Commons, shall be presently committed to the safe Custody of the Gentleman Usher of this Honourable House, and to be sequestered from coming to this Honourable House of Parliament, until he hath cleared himself of this Accusation.

At the Bar.

The Earl of Strafford being called to the Bar as a Delinquent, kneeling, the Lord Keeper, by Direction of the House, signified to him as followeth: videlicet,

Acquainted with the Accusation of the House of Commons.

"My Lord of Strafford,

"The House of Commons, in their Name, and in the Name of the whole Commons of the Kingdom of England, have this Day accused your Lordship, to the Lords Spiritual and Temporal in this High Court of Parliament assembled, of High Treason. The Articles they will within few Days produce. In the mean Time, they have desired of my Lords, and the Lords have accordingly resolved, That your Lordship shall be committed to safe Custody to the Gentleman Usher, and sequestered from this House, until your Lordship have cleared yourself of the Accusation that shall be laid against you."

After this, he, offering to speak, was not permitted, but immediately sent away.

And so the Earl of Strafford went out of the House to the Gentleman Usher.

Afterwards the Lords thought it fit to send a Message to the House of Commons, to let them know how far they had proceeded for the present; and their Lordships did agree, that the Two Lords Chief Justices should deliver a Message to the House of Commons, to this Effect: videlicet,

Message to the House of Commons, to acquaint them with these Proceedings.

That the Lords of the High Court of Parliament have taken into Consideration the Charge of High Treason, which the House of Commons have made against the Earl of Strafford; and do let them know that their Lordships have committed him to safe Custody to the Gentleman Usher of the House; and have sequestered him from coming to the House; and do desire that the Articles and Accusation against him may be brought in speedily; and further to let them know, that their Lordships will take it into Consideration how to free and open the Passage between Ireland and England, notwithstanding any Restraint; and to that Purpose will move His Majesty in it.

(fn. †) The Judges returned only this Answer:

That they had acquainted the House of Commons with the Message.

Gentleman Usher may bring Messages from the Earl of Strafford.

Ordered, That Mr. Maxwell, the Gentleman Usher, may have Liberty to bring Messages from the Earl of Strafford to the House, as Occasion requires.

The King moved, to open the Passage between Ireland and England

Ordered, That the Earl Marshal, Lord Chamberlain, Earl of Cambridge, and Earl of Holland, shall move His Majesty, That the Passage between Ireland and England may be opened for free Passage, notwithstanding any Restraint.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 12m diem instantis Novembris, hora nona Aurora, Dominis sic decernentibus.

Footnotes

All the Proceedings against the Earl of Strofford, upon his Impeachment, that are marked with Asterisks, were so obliterated as to be scarce legible But there is now an authentic Copy of them interleaved in the Original Journal, by Order of the House 15 Februarii 1768, from which these were printed.
Origin. Their.