Journal of the House of Commons: Volume 2, 1640-1643. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Jovis, 11 Martii, 1640.
2da vice lecta est Billa, An Act for the Naturalizing of Daniel Holsteyn, of Pomerland Gent. upon Question, committed unto the Committee for Peter Heren, Marolois, and De Vischer: And the Knights and Burgesses of Worcester and Worcestershire, are added to this Committee.
Trials by Battaile.
2da vice lecta est Billa, An Act to abolish all Trials by Battaile; upon Question, committed unto Sir H. Anderson, Sir Gilbert Gerard, Sir Walth. Erle, Sir Arth. Haselrig, Sir Tho. Barrington, Mr. Jane, Sir Guy Palmes, Sir Jo. Hotham, Mr. Ashburneham, Lord Fairefax, Mr. Upton, Sir Wm. Strickland, Mr. Cage, Sir Wm. Massam, Sir Jo. Holland, Mr. Reignolds, Mr. Weston, Mr. Selden, Mr. Dutton, Sir Edw. Deering, Sir Dudley North, Mr. Lisle, Sir Tho. Hutchinson, Mr. Sutton, Mr. Hide, Mr. Glyn, Mr. Rolles, Mr. Law. Whitaker, Sir Ra. Varney, Sir Geo. Dallston, Mr. Fountaine, Sir Edm. Vowell, Sir Robert Crane, Mr. Trenchard, Mr. Catlyn, Mr. Noell, Mr. Strode, Sir Humfrey Tufton;
Cosins', &c. Impeachment.
Resolved, upon the Question, That this Title, these Articles, and Conclusion of these Articles, thus ingrossed, and now read, shall be the Articles of the Commons Declaration and Impeachment of Dr. Cosins and others, to be transferred to the Lords, whereby they are impeached of divers Crimes and Misdemeanours.
Trial of E. of Straford.
He said their Lordships did desire, Incedere & sedere in antiquis Viis; that Circumstances were Servants to Execution, and might be altered; and if they should change from the House in Possession to the Chambre Blanche, or the Court of Requests, upon Survey of it by skilful Men, they were informed the Floor of it is so weak, that it might be very dangerous for so great a Resort to be in together at the Trial; therefore left that to our farther Consideration: The Lords thought of this, that the Bar in their House might be removed higher, and the Room there made larger; and That, being scaffolded, might be of Capacity sufficient to receive the Members of this House: This he did only propound, and said the Bishops did desire to be absent at this Trial; so there would be more Room; for the Earls would sit in their Places."
"And for Counsel, their Lordships are careful not to admit of more than is according to the Law of this Kingdom; and thereupon their Lordships have made this Resolution:" "That the Earl of Straford, in Matters of "mere Fact, shall not make use of Counsel; but in Mat"ter of Law he shall: And if any Doubt ariseth, what "is Matter of Law, and what is Matter of Fact, the "Lords do reserve the Judgment hereof to themselves."
"After this he was pleased to tell us, that he had not forgot another Thing, though he omitted it; that he that delivered the Proposition at the Message, used Words to this Purpose; "That this House did hold it necessary and fit, that all the Members of the House might be present at the Trial; to the End every one might satisfy his own Conscience, in the Giving of their Vote to demand Judgment."
Ordered, That the whole Matter of the Report now made, of the free Conference with the Lords, concerning the Trial of the Earl of Straford, be referred to the Committee for the Earl of Straford, to search and consider of Precedents, and to prepare Reasons, and to present them to the House To-morrow Morning; and they are to meet this Afternoon, at Two of Clock, in the Treasury-chamber.
St. Gregorie's Church.
Captives at Algiers, &c.
Ordered, That the Business concerning the Captives of Algiers, and Setting forth of Six Ships for the Defence of the Western Coasts, be considered of To-morrow Morning, next after the Consideration of the Disbanding of the new Irish Army, and those other Heads of that Conference.
And it is likewise Ordered that That Committee do meet this Afternoon, at Two of Clock, in the usual Place; and that they send for the Treasurer and Victualler of the Navy, to confer with them about this Business: and Sir Ro, Pye is added to this Committee.
Bishops Temporal Jurisdiction.
Resolved, upon the Question, That for Bishops, or any other Clergymen whatsoever, to be in the Commissions of the Peace, or to have any judicial Power in the Starchamber, or in any Civil Court, is a Hindrance to their Spiritual Function, prejudicial to the Commonwealth, and fit to be taken away by a Bill; and that a Bill be drawn to that Purpose.
Trial of E. of Straford.
The Lords desire a free Conference, by the same Committee that last met, touching the Demands concerning the Trial of the Earl of Straford, in the Painted Chamber, presently, if it may stand with the Conveniency of this House.