DIE Martis, videlicet, 8 die Decembris.
L North excused
Lord North excused for being absent.
Witnesses in these of Standford's Cause.
(fn. †) It was moved, That the Earl of Standford's Witnesses might be sworn at Bar; his Cause being
this Day to be heard before the Lords Committees for
Petitions, which was granted.
Earl of Rutland excused for being absent.
Waferer, for Scandal of the Lords, sent for.
It was moved, That one Mirth Waferer, Parson of
Compton, in Surrey, hath spoken scandalous Words concerning those Lords that petitioned His Majesty in the
North; saying that Lesly did not stick to say that the
Southern Lords were the Cause of his coming in; and
this he spoke openly, in the Hearing of divers others.
Hereupon it was Ordered, That the said Mirth Waferer should be sent for, to appear here as a Delinquent;
and the Witnesses to be warned to be here, to testify
Sir Robert Howard's Bonds in the High Commission Court to be canceled.
The Earl of Dover reported to the House, That Sir
Robert Howard, Knight, entered with Sureties into Two
several Bonds, in the High Commission Court, one of
which Bonds bears Date 3 Junii 1635, with a Penalty
of Fifteen Hundred Pounds; and a Condition, that the
said Sir Robert Howard shall Personally attend and appear, upon Warning and Notice given in that Court,
from Time to Time; which said Bond the Lords Committees have thought fit should be vacated. Whereupon it was Ordered by the House, That the said
Bond shall be forthwith canceled.
Sir John Winter s Rumour touching the Timber in the Forest of Dean.
It was moved, That Sir John Winter should report
Abroad, that, being called before the Lords Committees for Examination of the Destruction of Timber in
The Forest of Deane, that he had given their Lordships
full Satisfaction therein; which some of their Lordships
conceived he had not done; desired it might be referred
again to the Consideration of the Lords Committees;
but the House thought it not fit now to Order it so.
E. of Stafford s safe Imprisonment considered
It was moved, That, in regard the Earl of Strafford
hath such Liberty in The Tower, and free Access of
Friends afforded him, that their Lordships would be
pleased to send for the Lieutenant of The Tower, that
he may receive a Charge from this House, to have
such an Eye over him, that he might be in Safe Custody, and yet enjoy such Liberty as may be fit in regard of his Health, and the making of his Defence;
and further to know what Persons have had Access to
him, and how he hath used that Liberty which he
hath had already.
Lieutenant of The Tower to attend.
Whereupon it was Ordered, That the Lieutenant of The Tower should be sent for, to attend
their Lordships presently.
L Cottington and C J of the Common Pleas to speak with the E. of Strafford.
The Lord Cottington signified to the House, That
His Majesty commanded him and the Lord Chief Justice of the Common Pleas to go to The Tower, and
speak with the Earl of Strafford, concerning some Business, upon the Death of the Deputy of Ireland.
Earl of Bristoll excused for being absent.
Witnesses sworn in the E of Stanford's Cause.
Witnesses sworn in the Earl of Stanford's Cause: videlicet,
Tho. Gore, Clerk.
Ordered, That Mr. Longevile's Cause is to be
heard at Bar, with Counsel on both Sides, upon Monday next.
Ordered, That the Lord Bishop of Lincolne be
added to the Committee for Petitions.
Ordered, That the Earl of South'ton and the Lord
Howard de Charlton be added to all the standing Committees.
Lieutenant of The Tower questioned about the F. of Strafford's Safety.
The Lieutenant of The Tower being come, was
called in; and the Lord Keeper, by Directions from
the House, asked him what Access hath been to the
Earl of Strafford, since his being in The Tower, and with
what Moderation he hath behaved himself in the Use
of that Liberty; and whether, notwithstanding the
Liberty allowed the Earl of Strafford, he thought him
to be in safe Custody?
Whereunto he answered, That, for the Access,
there hath many Friends resorted to him; as Sir
George Wentworth, his Counsel, and others mentioned
in a particular Note under the Lieutenant's Hand.
And for his Liberty, he hath used it discreetly. For
his Safety, he holds him to be in as safe Custody as
one can be that hath the free Liberty of The Tower,
and will speak to the Wardouis to be careful of the
After this, he was commanded to withdraw; and
being called in again, he was asked whether he will
be answerable for his safe Custody, notwithstanding
the Liberty which is granted him?
To which he answered, That he hath a continual
Eye over the Earl of Strafford, either by himself or
Wardours; but he said there were other Ways to
escape than by the Gates. If a Man had a Disposition,
it is possible for him to find other Means.
Committee to consider of the E. of Strafford's safe Custody.
Hereupon the Lieutenant withdrew; and it was
moved, That a Committee might be appointed to consider of some Means for the safe Custody of the Earl
of Strafford, and what Liberty is fit to be granted him
in The Tower.
These Lords following were appointed for this Purpose:
E. of Dorsett.
L. Viscount Say and Stale.
These Lords did presently withdraw themselves into
the Prince's Lodgings, for this Purpose; and being
Reported, it was Ordered, by the Lords Spiritual
and Temporal in the High Court of Parliament assembled, for the better safe Custody of the Earl of
Strafford, committed by this Honourable House to
The Tower of London, upon the Accusation of the
House of Commons for High Treason, That no Person do visit him, but by the Privity and Leave of the
Lieutenant of The Tower; and a Note every Night
to be set down by the said Lieutenant, who hath
been there that Day: That the Earl of Strafford is
only to be allowed Three Rooms for to lodge himself in and those about him, wherein he may be safe,
and to go Abroad only with the Lieutenant; and further, That Two particular Wardours be appointed
by the Lieutenant, to be in his Outer Chamber,
where they are to lye, and to lock him up every
Night; and, after Candle-night, none to remain within
the said Lodgings of the said Earl of Strafford but
those that usually lye in The Tower; nor that any
Coach be suffered to come within the said Tower;
and lastly, that, if any emergent Cause should on the
sudden happen, the said Lieutenant is to be left to his
own Care and Discretion, for the Safe-keeping of
the said Earl of Strafford, until such Time as the said
Lieutenant shall attend this Honourable House, to
receive their further Directions and Commands
Lords Leave to speak with the E. of Strafford.
Lord Viscount Conway, Lord Clifford, and the Lord
Goringe, asked Leave to go speak with the Earl of
Strafford at The Tower; which was granted them.
Earl of Clare and the Lord Dunsemore were to be
added to the Lords Committees for Petitions; and so
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii,
videlicet, 9m diem instantis Decembris, hora nona Aurora, Dominis sic decernentibus.