Journal of the House of Lords: Volume 4, 1629-42. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, videlicet, 11 die Junii.
Bp. of London to speak with the Abp. of Cant.
Rioters against Sir John Lucas in Essex sent for.
Upon reading the Petition of Sir Jo. Lucas, Knight, complaining of a Riot and Disorder committed about his House and Grounds in Essex by some People of Colchester; it is Ordered, That the principal Actors in this Business shall be sent for, to appear before this House as Delinquents, to answer the same; and the Names of such Persons are to be delivered in to the Clerk in Writing.
Judge Foster Leave to be absent.
Examination concerning Fowlis and Layton.
Ordered, That the Petition and Cause of Henry Fowlis, Esquire, and Sir Tho. Layton, Knight, shall be heard on Thursday the 11th of November 1641, before the Lords Committees for Sir Peirce Crosebie's Cause; and that, in the Interim, for the Preservation of the Depositions of the Witnesses in Case they shall die before the Cause comes to hearing, the Witnesses now in Town do deliver in upon Oath their Testimonies in Writing, subscribed with their Hand Writing, in the Presence of the Clerk of the Parliament, and to be kept by him sealed up against the said Day of Hearing; but it is the Intent of this House, That, if any of the Witnesses shall be living, and able to appear, (fn. 1) they shall attend at the Time of the said Cause, and deliver in their Testimony viva voce.
Report and Reference about Sir Ralph Dutton and Jo. Dutton, concerning pressing Soldiers, etc. in Gloucestershire.
Upon Report made by the Lords Committees for Petitions, "That, upon the Return of the Commission granted into the County of Glocestershire, for Examination of Abuses committed in that County, in pressing Soldiers, and afterwards in releasing them again for Monies; and likewise for raising Monies for Coat and Conduct Monies, whereby the Country was much oppressed, and the King's Service much dishonoured; it doth appear, that Sir Ralph Dutton, one of the Deputy Lieutenants of that County, and Three of his Men, with divers others, have unjustly taxed and received divers Sums of Monies, of several Persons in the said Counties, contrary to all Law and Justice, under Pretence of Coat and Conduct Money, and pressing of Soldiers for his Majesty's Service; but converted the same, or the most Part thereof, to their own Use, to the great Discontent and Charge of that Country; for which Sir Ralph Dutton is willing to make what Satisfaction and Submission their Lordships shall think fit." Hereupon it was Ordered, That the Lord Chamberlain, the Earl of Warwicke, the Lord Viscount Saye and Seale, and the Lord Bishop of Lincolne, are hereby authorized, with full Power and Authority from the House, to call before them the said Sir Ralph Dutton and his Servants, and all the rest whom it concerns, and consider what Submission is to be made for these Misdemeanours, and what Satisfaction is to be given to the County for the Wrong they have sustained herein; and to make such final Order in this Cause as they shall think fit.
Judge Crawley Leave to be absent.
High Commission Court.
Abolishing the Star-chamber.
Bill against Recustants.
Hawes versus Kilvart and Carvizall, concerning a Ship of his taken by the Spaniards.
This Day the Counsel of Joseph Hawes was heard, concerning a Ship of his, which was taken by the Spanish Fleet near America, in Lieu whereof the said Hawes took a Ship of Spanish Goods, and brought her into England, and proceeded here in a due Course of Law, for his Satisfaction; and Bail was put in by George Kilvart and Ferdinando Carvisal, who were Bail here for the Spaniards; but, on a sudden, the Ship with the Goods, prized at Eight Thousand Four Hundred Pounds, was released and sent away into Spaine. Thereupon the said Joseph Hawes sues for Reparation from the Bail. The Counsel of Hawes having done; it is Ordered, That the Counsel of Kilvart and Carvizall shall be heard on Thursday next, at this Bar, at Nine a Clock in the Morning, why they shall not be liable to make good the Losses of Joseph Hawes, which he sustains by taking of the said Ship; and further, Sir Henry Martyn is to attend, with his Counsel, at the Time aforesaid, to make Defence to such Matters in this Business as concern himself.
E. of Mulgrave's Bill.
Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 12m diem instantis Junii, hora 9a, Dominis sic decernentibus.