rd Steward adjourned this House to Westminster Hall;
and the Peers being all set there in their places, the Lord Steward
commanded the Lieutenant of the Tower to bring forth the Earl of
Strafford to the bar; which being done, the Lord Steward signified that
both sides might make a recollection of their evidence, and the Earl of
Strafford to begin first.

"Hereupon Mr. Glynn desired that before the Earl of Strafford began,
that the Commons might produce two witnesses to the fifteenth and
twenty-third articles, to prove that there be two men whose names are
Berne; and so a mistake will be made clear. The Earl of Strafford
desired that no new witnesses may be admitted against him, unless he
might be permitted to produce witnesses on his part likewise; which the
Commons consented to, so the Earl of Strafford would confine himself to
those articles upon which he made reservations: but he not agreeing to
that, and the Commons insisting upon it, the House was adjourned to the
usual place above to consider of it; and after some debate, their
Lordships thought it fit that the members of the Commons go on in
producing new witnesses, as they shall think fit, to the fifteenth and
twenty-third articles, and that the Earl of Strafford may presently
produce such witnesses as are present, and such as are not, to name them
presently, and to proceed on Monday next; and also, if the Commons and
Earl of Strafford will proceed upon any other articles, upon new matter,
they are to name the witnesses and articles on both sides presently, and
to proceed on Monday next: but both sides may waive it, if they will.
The Lord Steward adjourned this House to Westminster Hall, and, being
returned thither, signified what the Lords had thought fit for the
better proceeding in the business. The Earl of Strafford, upon this,
desiring not to be limited to any reservation, but to be at liberty for
what articles are convenient for him to fortify with new witnesses,[78]
to which the Commons not assenting, and for other scruples which did
arise in the case, one of the Peers did desire that the House might be
adjourned, to consider further of the particulars. Hereupon the Lord
Steward adjourned the House to the usual place above.

"The Lords, being come up into the House, fell into debate of the
business, and, for the better informing of their judgments what was the
course and common justice of the kingdom, propounded this question to
the Judges: 'Whether it b