House of Lords Journal Volume 4: 21 November 1640

DIE Sabbati, videlicet, 21 die Novembris.

PRAYERS.

L. Hastings introduced.

This Day the Lord Hastings was introducted, in his Robes, between the Lord Mowbray and the Lord Strange; and, after his Lordship had delivered, on his Knee, to the Lord Keeper, his Writ of Summons, dated the of, it was delivered unto the Clerk; and then he was brought by the Lord Great Chamberlain and the Earl Marshal, and Garter before, and placed next below the Lord Dacres.

Heads of the Message from the H C of Yesterday to be debated.

The Message was read again this Day, as it was delivered Yesterday by Mr. Pim, from the House of Commons; and their Lordships resolved to proceed to the particular debating of the Five Heads that were propounded last Night, to be treated of this Day.

The House Doors to be kept private.

Ordered, That the Lobby Door and Gallery Door should be kept private, and void of any Company, when this House is sitting.

No Examinations to be taken before a particular Charge is delivered.

Before their Lordships proceeded to debate the Particulars of the Message, they made this Declaration: videlicet,

"That, before their Lordships do enter into any Debate concerning the Examination of Witnesses, their Lordships do declare, That no Examinations of Witnesses ought to be taken, before a particular Charge be given; and that this House doth understand the Message from the House of Commons in no other Sense."

Hereupon their Lordships proceeded to the Consideration of the first Branch of the Message from the House of Commons; (to wit,)

Examination of the Members of the H. C. upon Oath.

"1. The Examination of the Members of the House of Commons upon Oath."

And it was conceived that this Particular needed no long Debate. Therefore this House did leave the Members of the House of Commons to be examined, as they shall appoint.

Message from the Commons, touching the Treaty with Scottish Commissioners.

A Message was sent, by Sir Thomas Roe and other Members of the House of Commons, to this Effect, which was by way of Answer to their Lordships Relation at the Conference with both Houses: videlicet,

That the House of Commons do approve of the Persons of those Lords that were Commissioners in the late Treaty at Rippon, to be Commissioners to treat with the Scottish Commissioners, with this Declaration, That no Conclusion of theirs shall bind the Commons, without their Consent in Parliament. As for the other Part, concerning the Money, the House of Commons hath taken it into serious Consideration, and will acquaint their Lordships with their Resolutions hereupon speedily.

Then their Lordships proceeded to the Consideration of the Second Branch, which was,

Examination of the Lords, &c upon Oath.

"2. The Examination of the Lords of this House, and the Assistants, upon Oath."

"And, for the speedier Resolution in this Particular, the House was adjourned into a Committee, during Pleasure; and, after a little Debate, the House was resumed, and it was agreed as followeth:

"Upon the Desire of the House of Commons, and by the Consent of the Peers of this High Court of Parliament assembled, it is Ordered, That, for this Time, and in this Case, the Peers and Assistants shall be examined upon Oath, as Witnesses."

E of Cleveland to speak with the E. of Strafford.

Earl of Cleveland moved the House, to have Leave to see the Earl of Strafford; which was granted him.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 23^m diem instantis Novembris, nona hora, Dominis sic decernentibus.