House of Lords Journal Volume 4: 29 May 1641

DIE Sabbati, videlicet, 29 die Maii.

PRAYERS.

E. of Newcastle and Carnarvon and the Bishop of Chichester to be examined.

Ordered, That the Earls of Newcastle and Carnarvan and the Lord Bishop of Chichester shall be attended with this Order; and that their Lordships be desired to repair unto the Lords Committees appointed by this House, to take the Examinations concerning certain late Practices concerning the Army in the North, at Two a Clock this Afternoon, in the Lord Keeper's Lodgings, near the Parliament House, to be examined by them.

Moorecroft and Faucon's Answers read.

The Answers of George Moorecrafte and Robert Faucon were read.

Order between Armestead and Warner.

Upon the reading of the Petition of Robert Armestead against George Warner; it is Ordered, That the Ship mentioned in the Petition shall remain sequestered in the Hands of the Lord Admiral, until the Cause shall be heard before the Lords Committees for Petitions, which is peremptorily appointed to be on Wednesday next, at Two a Clock in the Afternoon; and that all Parties and Witnesses in the said Cause shall attend the Hearing, and take Notice hereof; and that the Workmen in the said Ship shall have Liberty to go on with their Work until the said Hearing; but the Intent and Meaning of this House is, that the former Order shall stand, and be in Force, until the Pleasure of this House be declared to the contrary.

Dover Petition committed.

Upon reading the Petition of the Mayor, Jurats, and Commonalty of Dover, it was Ordered to be referred to the Lords Committees: videlicet,

Mr. Baron Hendon Assistant.

Their Lordships, or any Five or more of them, to meet on Monday next, in the Afternoon, at Two a Clock, in the Painted Chamber; and Mr. Palmer and Mr. Nic. Piriant to have Notice to attend their Lordships.

Order for Manley's Witnesses.

Ordered, That Mr. Manley have an Order for producing such Witnesses as he shall think necessary to be examined at the Hearing of his Cause before the Lords Committees.

Order about the Starchamber.

Ordered, That this Day Sevennight Counsel shall be heard in this House, at the Bar, touching the Institution and Jurisdiction of the Court of Star-chamber.

Ordered, That the Earl of Westm'land and Earl of Portland be added to the Committee for the taking Sir Cor. Vermuden's Account, and surveying his Design; of The Great Level.

A Petition of the Scots Officers, which was presented to His Majesty, was read, and referred until some other Time.

Order about the Court of York.

This Day Counsel was heard, touching the Conveniency of the Court of Yorke; and, after a long and full Hearing, it is Ordered, That the King's Counsel shall be heard, in open House, concerning the Legality of the Court of Yorke, upon Thursday the 10th Day of June 1641; and that, in the Interim, the Counsel of Yorke do attend the King's Attorney General, to let him know how far they desire the King's Counsel should insist upon the Point touching the Legality of that Court.

Judgement between Nash and Kynaston.

"In Suprema Curia Domini Regis Parliamenti.

"Inter Thomam Nash Quærentem et Carolum Kynaston Defortientem, in Placito Transgressionis et Ejectionis Firmæ.

"Super quo visis præmissis, et per Curiam Parliamenti Domini Regis nunc hic diligenter examinatis et plenius intellectis, cum Recordo et Processu prædicto, ac Judicio prædicto, super eisdem reddit quod prædicta Causa pro Errore prædicto prædict. Thom superius in Forma prædicta assignatus et allegatus videtur prædictæ Supremæ Curiæ Parliamenti hic, quod Recordus prædictus in nullo vitiosum aut defectivum existit; ac quod, in Recordo illo, in nullo est Erratum: Ideo consideratum est quod Judicium prædictum in omnibus affirmatur, et in omni suo Robore et Effectu stet et remaneat, dicta Causa pro Errore superius assignata aut allegata in aliquo non obstante; super quo Recordo et Processu prædicto, nec non Processo prædicta Curia Parliamenti ibidem in præmissis habito, e prædicta Curia Parliamenti coram Domino Rege ubicunque etc. per prædictam Curiam Parliamenti remittuntur; ac prædictus Carolus in Curia Domini Regis, coram ipso Rege, habeat Executionem Judicii prædicti versus præfatum Thomam juxta Formam et Effectum Judicii illius, prædicto Brevi de Errore et superius inde non obstante.

"Subscribed by the Clerk of the Parliament, and delivered to the Defendant in the Writ of Error 29th May 1641, to be remitted into the King's Bench, that Execution may be had upon the Judgement."

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 31^m diem instantis Maii, hora 9^a, Dominis sic decernentibus.