House of Lords Journal Volume 4: 24 May 1641

DIE Lunæ, videlicet, 24 Maii.

PRAYERS.

Earls of Nottingham, Peterborough, and Middlesex's Cause.

Ordered, That the Cause between the Earl of Nottingham, Earl of Peterborough, and the Earl of Middlesex, shall be heard on Tuesday come Sevennight, before the Committee for Petitions.

Dawes versus Hopton.

Ordered, That the Petition of Dawes contra Hopton, be referred to the Committee for Petitions.

Commission to take the Answers of Dr. Wickham and Dr. Hodson.

Affidavit being made, by one Baker, "That Dr. Wickham and Dr. Hodson, Two of the Prebends of Durham, are so infirm and weak that they are not able to come and put in their Answers in Person, they being now in the North;" it is Ordered, That a Commission be forthwith issued out, to such Commissioners that shall be named on either Side, to take the several Answers of the said Dr. Wickham and Dr. Hodson, without Oath; and to return them to this House by this Day Three Weeks.

Records and Depositions in Mr. Smart's Business to be brought in.

Ordered, That all the original Records and Depositions, concerning Mr. Smart's Business, which are in the Hands and Possession of Mr. Ogle, are forthwith to be brought into this House, upon Oath; and both Sides to have Copies of the same, if they shall desire it.

Restraining Bishops from meddling in Secular Affairs.

After this, the House was adjourned during Pleasure into a Committee, to debate the Bill concerning the Bishops; and after a long and serious Debate, the House was resumed.

And it was resolved, upon the Question,

Resolutions concerning this Bill.

That the Archbishops and Bishops shall have Suffrage and Voice in the House of Peers in Parliament.

Resolved, upon the Question,

That the Archbishops and Bishops shall not have Suffrage and Voice in the Court of Star-chamber when they are called.

Nash versus Kynaston, in Error.

Ordered, That the Errors assigned, in the Writ of Error between Nash and Kynaston, shall be argued publicly in this House at the Bar, by the Counsel on both Sides, on Friday Morning next.

E. of Rutland Leave to be absent.

Ordered, That the Earl of Rutland have Leave to go into the Country, for a little Time.

Sutton Marsh.

Ordered, That the Cause concerning Sutton Marsh, shall be heard again on Thursday Morning next, at this Bar; and all Parties to attend as formerly.

Ordered, That the Bill concerning the Bishops be further debated To-morrow, and to be the First Business.

Dr. Cosens and the other Defendants Answers brought in.

This Day these Persons hereafter named brought in their Answers, in Writing, to the Impeachment brought up from the House of Commons, concerning Mr. Smart's Cause; and delivered them, kneeling, at the Bar: videlicet,

After this,

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 25^m diem instantis Maii, 1641, hora nona, Dominis sic decernentibus.