House of Commons Journal Volume 2: 09 March 1641

Pages 99-100

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 Martis, 9 Martii; 1640.


Jacobson's, &c. Nat.

1a vice lecta est Billa, AN Act for the Naturalizing of Rombont Jacobson, John Strode, and Four others.

Committees added.

Ordered, That the Knights and Burgesses of the several Counties of Lincoln, Northampton, Huntingdon; Cambridge, Suffolk, and Norfolk, Mr. Solicitor, Mr. Ro. Goodwyn, Mr. Jo. Goodwyn, Sir Wm. Widrington, and Mr. Jo. Bellassis, be added to the Committee for Dr. Tomson, the Lady Dimock, and the Fens.

Leave of Absence.

Mr. Miles Wharton has Leave to go into the Country, upon occasions of a Trial, at the next Assizes to be held at Yorke, which concerns him very much in his Estate.

Privilege of a Witness.

Whereas Henry Ruff was summoned, as a Witness, to give Testimony on the Behalf of the Earl of Lindsey, concerning the Draining of the Fens in Lincolneshire; and was since arrested at the Suit of one Joshua Cust, upon an Action of Five Pounds, for a Debt of Forty Shillings, into the Compter of Wood-street, London, where he is now detained a Prisoner; the said Cust knowing he was summoned hither, as a Witness, and threatening him before, if he did give Testimony, to arrest him;

It is this Day Ordered, That he shall have the Liberty of this House, to come and go freely, without any Interruption, during the Cause depending here; and that he be forthwith released from his Imprisonment; and that he, that caused him to be thus arrested, bear the Charge of his Imprisonment.


1a vice lecta est Billa, An Act concerning Watermen.

Cosins', &c. Impeachment.

The rest of the Articles against Dr. Cosins, and others, were read; and every one particularly voted, and resolved, upon the Question; and ordered to be ingrossed.

Ministers' Remonstrance.

Mr. Crue presents, from the Committee for the Ministers Remonstrance, Three Heads, for the Debate and Consideration of this House:

1. That Secular Employment; by which is intended their legislative and judicial Power in Parliament; their judicial Power in the Star Chamber; and Commissions for the Peace; and their Employment, as Privy Counsellers, at the Council Table; and in Temporal Offices:

2. Sole Power in Ecclesiastical Things; by which is intended, Ordination, and Censures:

3. The Greatness of the Revenues of Deans and Chapters, the little Use of them, and the great Inconveniences that come by them.

He afterwards presented many Reasons and Induce ments, for these Heads; which, if it be so ordered, shall be entered.

* * * *

Cessation of Arms with Scotland.

A Message from the Lords by the Master of the Rolls and Mr. Attorney.

The Lords desire a Conference, by a Committee of both Houses, in the Painted Chamber, presently, if it may stand with the Occasions of this House, touching the Scots Business, and the Cessation of Arms.

Answer returned, by the same Messengers;

That this House has taken their Lordships Message into Consideration; and will give a Meeting presently, by a Committee of the whole House, as is desired.

Ministers' Remonstrance.

Ordered, That, so soon as the Conference shall be ended, the House shall resume the Debate of the Report made from the Committee for the Ministers Remonstrance.

Cessation of Arms with Scotland.

Mr. Treasurer, Mr. Hollis, Sir Jo. Strangeways; Lord Digby, Mr. Glyn, Mr. Hyde, are appointed Reporters of the Conference.

Mr. Treasurer reports from the Conference, that the Earl of Bristoll did declare unto them, that the English Commissioners had a Meeting with the Scots Commissioners, since the sending up of the Paper Yesterday: They did accept of the Paper, with Expressions of great Kindness and Service to the King and this State: That their Lordships did think fit to continue the Cessation of Arms for another Month, upon the same Terms formerly agreed upon, if the Treaty shall so long continue, if this House shall concur with them in opinion.

This Report being ended, it was

Resolved, upon the Question, That this House doth assent to a Cessation of Arms, for a Month longer, to begin from the Sixteenth of this Instant March, upon the same Terms as formerly, if the Treaty shall so long continue.

Ministers' Remonstrance.

Ordered, That those Heads, presented to the House, from the Committee for the Ministers Remonstrance, shall be taken into Debate and Consideration To-morrow Morning at Eight of Clock.

Cessation of Arms with Scotland.

Sir Jo. Holland is to go up to the Lords with this Message;

To desire a Conference with their Lordships, by a Committee of both Houses, touching the Matter of the last Conference, concerning the Treaty, and the Cessation of Arms.

The Reporters last appointed are to manage this Conference.

Ministers Remonstrance.

Ordered, That the Committee for the Ministers Remonstrance shall have power to send for Witnesses, the better to prepare the Heads for this House.

Anfwer from Lords.

Sir Jo. Holland brings Answer from the Lords; That their Lordships had taken the Message from this House into Consideration; and will give a Meeting presently, by a Committee of the whole House, as is desired.

Differences between Serj. Wilde, &c.

According to an Order made on Saturday last, the House entered into Consideration of the Business between Mr. Serjeant Wilde and Sir Henry Herbert; and they were each of them heard, what they could say; and then were produced Three Witnesses of each Side: And, after that they were heard, the Business was a little debated; and then it was moved, that Sir H. Herbert might name Two, and Serjeant Wilde Two, Members of the House; and that it might be referred unto them to compose the Differences, if they could:

Hereupon Sir H. Herbert named Sir Jo. Strangewayes and Commissary Willmott; and Serjeant Wilde named Mr. Dutton, and Mr. Sallaway.

Ordered, That the Differences between Mr. Serjeant Wilde and Sir H. Herbert be referred to Sir Jo. Strangewayes, Commissary Willmot, Mr. Dutton, and Mr. Sallaway; to conclude them, if they can, between this and Monday next; if not, the House will resume the Consideration of the Business.