House of Lords Journal Volume 4: 16 June 1641

DIE Mercurii, videlicet, 16 die Junii.

PRAYERS.

Order about Sir George Ratcliffe, concerning Osbaston's Estate.

Upon reading a Petition of Sir George Radcliffe, Knight, concerning the transferring over the Estate of Sir Rich^{d Osbaston}, whereof the said Sir George is but intrusted with others, for the Use of the said Sir Richard Osbaston; it is Ordered, That the further Consideration hereof be referred to the Committee for Petitions, who have Power to call before them all Parties, and to consider what Persons are fit to be intrusted with the said Estate; and because Sir George Radcliffe stands now under an Accusation of High Treason, it is further Ordered, That Mr. Attorney General peruse the Books before they are sealed and executed, to see that the Land which is to be transferred and passed away from Sir George Radcliffe, is not prejudicial to His Majesty, nor tending to his Impeachment.

Lady Slingsby versus Fortescue.

Upon reading the Petition of the Lady Slyngseby, and an Affidavit made that Sir Faithfull Fortescue was served with the Order of this House in Ireland, to put in his Answer to her Petition depending in this House, which was alledged he had not done; it is Ordered to be deferred until the Earl of Bath doth certify this House, whether Sir Faythfull Fortescue hath returned his Answer from Ireland to the said Petition.

Bradley versus Judge Barkley.

Ordered, That the Examination of Tho. Dykes be taken by the Lords Committees for Petitions To-morrow in the Afternoon, in the Cause between Mr. Justice Barkley and Bradley; of which Notice is to be given to Justice Barkley.

Committee for Privileges.

Ordered, That the Committee for Privileges do meet this Afternoon, and consider of the Lord Morley's Business; and touching the Privileges of Servants, how far it extends.

General Order concerning Hearing of Causes.

Ordered, That those Causes that cannot be heard on the same Day that they are particularly appointed, shall stand in the same Degree and Place of Precedency for a Hearing the next Day that the Committee sits; and this is to be observed as well in Causes appointed to be heard in the House, as at all Committeees.

Mrs. Dutton against her Husband.

The House was this Day informed, "That a Petition of Francis Dutton, Wife of Giles Dutton, Gentleman, hath been appointed to be heard Two several Days; and that the said Giles Dutton hath not attended the Lords Committees, although it appeared that he hath been warned several Times, and that he hath One Hundred Pounds per Annum, and will neither cohabit with his said Wife, nor allow her and his Two Children any Thing towards their Maintenance; that the Lords Committees think it fit the Sum of Forty Pounds per Annum should be paid by Sir Ralph Dutton out of the Manor of Standish, Part of the Hundred Pounds per Annum, payable Yearly unto the said Giles Dutton, unto such Friends as the said Mrs. Dutton should nominate, to the Use of herself and the said Two Children, during the Life of the said Giles;" upon which Motion, it is Ordered by the Lords in Parliament, That the said Giles Dutton shall attend the Lords Committees for Petitions on Thursday the 17th of this Instant June, and shew Cause why the said Forty Pounds per Annum should not be settled, by Order of this House, unto the Use of the said Mrs. Dutton and her Two Children, during the Life of the said Giles Dutton, as aforesaid; which if he shall refuse to do, then the said Forty Pounds per Annum shall be settled to the Use of the said Francis Dutton and her Two Children, as aforesaid.

Sutton-marsh:

After this, the Counsel of the Earl of March was further heard, concerning the Business of Sutton-Marsh; and, after they had made their Defence, it is Ordered, That the Counsel of the Lord Herbert and others shall be heard in their Reply on Saturday Morning next, the First Cause.

Hawes's Cause.

Ordered, That the Cause of Joseph Hawes shall be heard at this Bar, in open House, To-morrow Sevennight, in the Morning; and all Parties and Witnesses to be present as formerly.

L. Audley versus L. Cottington.

Ordered, That the Cause between the Lord Awdley and the Lord Cottington, concerning the Manor of Funthill, shall receive Judgement in this House Tomorrow Morning, the First Cause.

Ordered, That the Three Bills lately sent up from the House of Commons be read, committed, and debated, To-morrow Morning.

Depredations by the French, &c.

Ordered, That the Matter concerning our Ships which have been taken by the Dunkerkers and the French, shall be debated on Friday Morning next.

Jurisdiction of the Admiralty.

Ordered, That the Cause concerning the Jurisdiction of the Admiralty, shall be heard at the Bar, on Wednesday Morning next.

Rooks versus Martyn.

Sir Henry Martyn's Answer concerning the Performance of Mr. Rooke's Order, was read; and the Lord Admiral hath undertaken that Sir H. Martyn shall pay the Fifty Pounds to Mr. Rookes.

Then

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 17^m diem instantis Junii, hora nona, Dominis sic decernentibus.