House of Lords Journal Volume 4
3 December 1640

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1767-1830

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'House of Lords Journal Volume 4: 3 December 1640', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 103-104. URL: http://british-history.ac.uk/report.aspx?compid=35466 Date accessed: 23 October 2014.


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DIE Jovis, videlicet, 3 die Decembris.

PRAYERS.

Hyde versus Lloyd in Error.

The Lord Keeper acquainted the House, That the Lord Chief Justice hath received a Writ of Error, to reverse in Parliament a Judgement given in the King's Bench, in the Cause between Hide and Lloyd. The Record being at the Door; the Lord Chief Justice went and brought into the House the Record and the Transcript; and having made Three Obeisances before he came to the Bar, and then after Three Obeisances more, he laid them both down on the Lord Keeper's Woolsack. The Clerk received the Record and the Transcript, and brought them to his Table. The House being adjourned; the Clerk examined the Transcript by the Record, and afterwards returned presently the Record by the Officer that brought it.

* After this, a Petition of the Earl of Strafford was read, in hæc verba: videlicet,

"To the Right Honourable the Lords Spiritual and Temporal in the High Court of Parliament assembled.

"The humble Petition of Thomas Earl of Strafford, His Majesty's Lieutenant General of Ireland,

"Humbly sheweth,

Petition of the E of Strafford, touching some Members of the H C being present at the Examination of Witnesses in his Cause.

"That whereas it is Ordered by your Lordships, the First Day of this Instant December, That some of the House of Commons may be present at the taking of such preparatory Examinations as shall be by them to be taken, for the perfecting of the Charge against your Petitioner; which Order, he conceiveth, may be much prejudicial and inconvenient to him:

"He humbly beseecheth your Lordships, that he may attend in Person, with his Counsel, to be heard in the same; and that, in the mean Time, the Proceedings thereupon may be suspended; and that your Lordships would be pleased to appoint a Day, when he and his Counsel may attend your Lordships herein, and to give Order for your Petitioner's Attendance accordingly.

"And he shall with unto your Noble Lordships all Increase of Honour and Happiness."

"The House denied to give an Answer unto this Petition.

Lords deputed to take the preparatory Examinations in the E of Straffords Cause.

It was Ordered, That these Lords following are deputed and Ordered by the House to take the preparatory Examinations of Witnesses, concerning the Matter of the Accusation presented by the House of Commons against the Earl of Strafford; and this to (fn. †) be done with Speed and Secrecy: videlicet,

E. of Bathon.
E. of Bedford.
E. of Hartford.
E. of Essex.
L. Viscount Say et Seale.
Ds. Wharton.
Ds. Kymbolton.
Ds. Brooke.
Ds. Roberts.
Ds. Savill.

Their Lordships, or any Five or more of them.

After this, a Message was sent to the House of Commons, by the Lord Chief Justice of the Common Pleas and Mr. Justice Barckley, to this Effect:

Message to the H C to acquaint them with it.

That, according to their Desires, the Lords have deputed some Members of their House, to take Examinations of Witnesses, with Secrecy and Speed, in the Cause against the Earl of Strafford; and have sent them to give Notice, that their Lordships will be ready to take the Examinations, in the Presence of such as the House of Commons shall depute for that Purpose.

Deputed Lord enjoined Secrecy.

"It was declared by the House, That those Lords deputed for the taking Examinations of Witnesses in the Earl of Strafford's Cause are enjoined by the House to Secrecy; but this not to be a Precedent for the future.

Their Attendants to be sworn.

Ordered, by this Honourable House, That Mr. Attorney General and Serjeant Glanvile were appointed by the House to attend the Lords deputed for the taking the preparatory Examinations of Witnesses in the Earl of Strafford's Cause, and to be sworn at Bar.

The Judges returned this Answer of the Message:

That they have, according to their Lordships Command, delivered the Message to the House of Commons.

Oath of the Attendants to the deputed Lords considered.

The aforesaid deputed Lords did withdraw themselves into the Prince's Lodgings, to consider of the Oath for Secrecy to be given to Mr. Attorney General and Serjeant Glanvile; and of their Form in their Proceedings.

And being returned, it was reported to the House, That the deputed Lords have thought it fit that Mr. Attorney General and Mr. Serjeant Glanvile do attend by Turns, and no Oath to be administered to them but of Secrecy and Fidelity.

Witnesses in the E. of Strafford's Cause enjoined Secrecy.

And further, That, when Witnesses are sworn in this House, That the Lord Keeper give them a Command to behave themselves with all Fidelity and Secrecy, until Publication, or Leave of this House; and to tell them they are bound to do it, else they are liable to a Censure.

Members of the H C that are present at the Examinations to be sworn to Secrecy.

It was moved, That such Members of the House of Commons as are appointed by the Commons to be present at the preparatory Examinations, may be sworn to Secrecy. Whereupon it was thought fit, Intimation be given to the House of Commons.

Attendants on the deputed Lords sworn.

Afterwards Mr. Attorney General and Mr. Serjeant Glanvile were sworn at the Bar; the Contents of the Oath followeth:

Their Oath.

"You shall swear, that, in your writing and setting down of the Examinations of the Witnesses to be produced before the Lords deputed in the Case of the Earl of Strafford, and in all Things concerning the same, you shall well, truly, and faithfully, behave yourselves.

"So help you God."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 4m diem instantis Decembris, hora nona, Dominis sic decernentibus.

Footnotes

Deest in Origin.