House of Lords Journal Volume 4: 4 December 1640

DIE Veneris, videlicet, 4 die Decembris.

PRAYERS.

E. of Strafford's Counsel.

Ordered, That Mr. Hackwell shall be assigned to be of Counsel with the Earl of Strafford, upon the humble Request of the Earl Strafford, signified to the House by the Lord Keeper.

Amendment in the Writ of Error, Hyde versus Lloyd.

Memorandum, That, upon the Examination of the Transcript with the Record in the Writ of Error between Hide and Lloyde, the Word ibidem was a Word too much; which was amended according to the Original, in the Presence of the Lord Chief Justice, at the Clerk's Table.

Cessation of Arms with the Scots desired for one Month lorger.

Earl Bristoll gave the House an Account how far the Lords Commissioners had proceeded in the Treaty with the Scottish Commissioners; and signified, That the Lords Commissioners do think it fit that the Cessation of Arms between both Kingdoms be continued for One Month longer, if the Treaty continue so long upon the same Terms as the former, but this to be done by the Consent and Approbation of both Houses of Parliament.

Message to the H C. to that Purpose

The House, seeing no Opinions against this, liked it well, yet concluded nothing without the Approbation of the House of Commons; for which Purpose a Conference was resolved of, and a Message sent to the House of Commons, by the Two Chief Justices, to this Effect:

That the Lords Spiritual and Temporal, in the High Court of Parliament assembled, do desire a Conference, with a Committee of both Houses, in the Painted Chamber, presently, if it stand with their Conveniency, concerning the great Business between the Two Kingdoms.

They return this Answer:

Answer.

That they are ready presently to give a Meeting, as is desired.

It was moved, That the House of Commons did desire that the Witnesses following might be sworn, in causa Comitis Strafford: videlicet,

Witnesses in the D of Strafford's Cause.

Sworn.

Whereof were sworn this Day, the Lord Archbishop of Cant. Earl of Cambridge, and the Lord Cottington, at the Clerk's Table, the Lord Keeper reading the Oath.

The Lord Viscount Willmott, Secretary Vane, and Mr. Comptroller, were sworn at the Bar, the Clerk reading the Oath.

The Form of the Oath is, in hæc verba:

Their Oath.

"You shall swear, that you shall true Answer make to all such Questions and Interiogatories as shall be ministered unto you, in the Matter concerning the Earl of Strafford, by the Lords deputed to take the Examinations therein, or by any Five or more of them. You shall speak the Truth, the whole Truth, and nothing but the Truth, and you shall not spare to do so, either for Fear, Favour, Affection, or any other Cause whatsoever, whether your Depositions be in Writing or by Word of Mouth.

"So help you God, and the Contents of this Book."

They are enjoined Secrecy.

(fn. 1) After the Witnesses were sworn; the Lord Keeper told them he had Directions from the House, to put † them in Mind to behave themselves with all Fidelity and Secrecy, as they are bound to do it, until Publication of Witnesses, or Leave from this House.

The House was adjourned, during Pleasure, and the Lords went to the Conference.

Conference reported.

And the House being resumed, it was signified, That the House of Commons intends to return an Answer to what was delivered at the Conference speedily.

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

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

Afterwards a Message, which was delivered to this House from the House of Commons, by Sir Thomas Roe, was reported, to this Effect:

Message from the H. C touching the Cessation of Arms with the Scots.

That he was commanded to let their Lordships know, that the House of Commons doth approve of the continuing of the Cessation of Arms, between the Two Kingdoms, for a Month longer, upon the same Terms, from the 16th of December 1640, in case that Treaty be not determined before; whereupon it was Ordered, by the Lords Spiritual and Temporal in the High Court of Parliament assembled, That this House doth likewise approve of the same; and further it was declared, by this Honourable House, That the Lords Commissioners do acquaint His Majesty, That this is by the Consent and Approbation of both Houses.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 5^m diem instantis Decembris, hora nona Aurora, Dominis sic decernentibus.