House of Lords Journal Volume 4: 8 February 1641

Die Lunæ, videlicet, 8 die Februarii.

PRAYERS.

Bishop's Petition.

Upon the reading of the Petition of John Bishop, it was Ordered to be referred to the Committee for Courts of Justice.

Burgh's Petition.

Upon reading the Petition of Eliz. Burghs, it was Ordered to be referred to the Committee for Petitions.

Lady Purbeck's Petition.

Upon reading the Petition of the Lady Viscountess Purbecke, it was Ordered to be referred to the Committee for Courts of Justice.

Ordered, That the Lords Committees do meet Tomorrow, and peruse Petitions, and to reject those that are fit and proper to be relieved either at Common Law or Courts of Equity, and retain such as are fit for their Lordships Consideration.

Wyat's Petition.

The Petition of Devereux Wyatt was read, and Ordered to be referred to the Committee for Petitions.

E. Strafford's Answer to Sir David Fowles and Sir Pierce Crosby's Petition, deferred.

It was signified to the House, That the Earl of Strafford being appointed by the Lords Committees to put in his Answer to Sir David Fowles's Petition at a certain Day, it was desired by the Counsel of the said Earl, That it might be respited until such Time as he hath put in his Answer to the Charge of High Treason brought up against him from the House of Commons; whereupon the House did Order, for the taking away all Impediments and Excuses that might be alledged in Case the said Earl of Strafford should fail to put in his Answer to his said Charge, according to the prefixed Day appointed by this House, That Resolution in this and Sir Pierce Crosebie's Cause in this Point do rest until the Earl of Strafford hath put in his Answer into this House to the aforesaid Charge; and then such Course to be taken therein as the Wisdom and Justice of this House shall think fit.

Spencer's Naturalization.

The Bill for Naturalization of Dorothy Spencer was reported, and Ordered to be ingrossed.

The Lord Admiral's Privilege, Smith's Arrest.

It being moved, That one . . . . . : Smith, a Servant to the Right Honourable the Lord Admiral, and Marshal to the Court of Admiralty, for executing a Warrant out of the said Court, was lately arrested, by Process out of the Common Pleas; which being alledged to be contrary to the Privilege of Parliament, it was Ordered to be referred (fn. 1) to the Committee for Privileges this Afternoon.

Jurisdiction of the Court of Admiralty.

A Contract for Goods was made in New England, between Tho. Babb and Edward Trelany; and the Business upon Difference being brought into the Court of Admiralty, and there sentenced, an Action was brought in the King's Bench, as conceiving the Court of Admiralty not to have any Cognizance of Cases of that Nature; which being conceived to be an Incroachment upon the Jurisdiction of the Admiralty, a Petition to this House was preferred by the Lord Admiral, for the Preservation of the Jurisdiction of the said Court; and, after the Business on both Sides had been debated at the Bar by Counsel, it was Ordered by the House, That the Plaintiff in the King's Bench should proceed in his Action, and Judgement therein to be given, according to Law; and if afterwards the Defendant find himself aggrieved thereupon, he may have Liberty to appeal to this House, by Way of Writ of Error, if he think fit; but this to be without any Prejudice to the Jurisdiction of the Court of Admiralty in general.

Burgh's Petition.

Ordered, That the Petition of Edward Burgh be referred to the Lords Committees for Petitions.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 9^m diem instantis Februarii, hora nona, Dominis sic decernentibus.