House of Lords Journal Volume 4: 2 June 1641

DIE Mercurii, videlicet, 2 die Junii.

PRAYERS.

Ld. Morley's Privilege.

Mr. Smith, Bailiff of the Duchy, sent for.

The House being informed, That one Mr. Smith, Bailiff of the Liberty of the Duchy, hath lately arrested a menial Servant of the Lord Morley, contrary to the Privileges of Parliament; whereupon it was Ordered, That the said Smith be sent for as a Delinquent, to answer the same at this Bar.

Sir Baynham Throgmorton's Cause to be heard.

Ordered, That the Cause between the Lord Coventry and Sir Baynham Throgmorton shall be heard, before the Lords Committees for Petitions, the Second Tuesday next Term, being the 6th of July, 1641; and an Order to be granted for Witnesses on both Sides.

Commission to exathine Witnesses in Mr. Smart's Cause.

Ordered, That a Commission, under the Great Seal of England, shall be issued, and directed to the same Commissioners that have been formerly appointed to take the Examinations of Dr. Hodson and Dr. Wickham of Yorke, to examine Myles White, Clerk, and Anthony Blanch, Gentleman, on the Part and Behalf of Peter Smarte, with a Power to cross-examine Witnesses on the Defendant's Side; and this Commission to be returnable immediate.

Ld. Awdley versus Ld. Cottington.

The Cause concerning Funthill, between the Lord Awdley and the Lord Cottington, was proceeded in; and, after much Time in hearing the Lord Awdley's Counsel, it is Ordered, That this Cause shall be further heard at the Bar on Friday the 4th of this Instant June, at Nine a Clock in the Morning; at which Time and Place all Parties interested in this Cause, and Witnesses formerly appointed to attend the same, are to appear, and attend the said Hearing.

Order concerning Petitions.

Ordered, That the Committee for Petitions do meet this Afternoon, only to read over Petitions, and dismiss such as are proper to be relieved in Courts of Justice, and retain those that are without Remedy in any other Place but in Parliament; and if any Petitioners do complain of Decrees and Stops in Courts of Justice, without any just Cause appearing to their Lordships, then such Costs shall be taxed upon them as their Lordships shall think fit in their Discretions.

Jurisdiction of the Court of Admiralty.

Ordered, That the Cause concerning the Right and Jurisdiction of the Court of Admiralty shall be heard, at the Bar, on Thursday the 10th of this Instant June, in the Morning, at Nine a Clock; at which Time and Place the Judges of the King's Bench and Common Pleas, or some of them, are to be desired to be present in this House, at the Time of Hearing of the said Cause.

Inhabitants of Ely's Petition referred.

Ordered, That the Petitions of Thomas Fowler, Tho. Canton, and others, on the Behalf of the Inhabitants of the City of Elye, are referred to the Committee for Petitions, to consider of them.

Pressing Soldiers, &c. in Gloucestershire.

Ordered, That the Examinations taken in Glocestershire, by the Commission issued by Order of this House concerning Abuses in pressing and releasing of Soldiers, and levying Coat and Conduct Monies, be considered of by the Lords Committees for Petitions.

Sir Walter Norton to have Privilege.

Whereas Sir Walter Norton, Baronet, hath a Cause now depending before the Lords in Parliament, which he hath informed their Lordships he cannot follow without Danger of Arrests; it is Ordered, That the said Sir Walter Norton shall have free Liberty to pass in and out unto the Parliament House, and to his Counsel, Solicitor, or Attorney, for and during so long Time only as his said Cause shall be there in Agitation; and that without any Arrest whatsoever to be made upon the Body of him the said Sir Walter Norton.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 4^m diem instantis Junii, 1641, hora 9^a, Dominis sic decernentibus.