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 Sabbati, videlicet, 30 die Januarii.
Bill for bringing Water to London from the River Colne.
Ld. Audley versus Ld. Cottington.
This Day being appointed for hearing of the Cause between the Lord Awdley and the Lord Cottington, concerning the Manor of Fontill; the Counsel of the Lord Awdley, in the Opening of the Case, fell into the whole Proceedings, and the Attainder of the Earl of Castlehaven, the late Lord Awdley; whereupon the Counsel of the Lord Cottington alledged, That the Attainder did not concern the Lord Cottington to defend, but only the Matter of the Purchase; and desired that the Counsel might apply themselves to that which concerned Fontill; but the Lord Awdley's Counsel, upon Advice, did conceive it to be material, and necessarily conducing to the Cause, to speak of the whole Matter of the Attainder, the Purchase and that being so interwoven that they cannot be separated; therefore desired that the Lord Awdley might have Leave to reverse the said Attainder first, either by a Petition to this House in the Nature of a Writ of Error, or otherwise, as his Counsel shall advise, so it be in a Parliamentary Way, and likewise might have free Access to such Records and Papers, either in the King's Bench and otherwise, that concern the said Attainder; and to have Copies thereof if he please; and, when the Writ of Error comes into this House, the King's Counsel is to speak to it, if they will; and further it was moved, That such Witnesses on both Sides, that are now in Town, are to be examined, forthwith, to preserve their Testimonies, in Case they shall die in the mean Time; but, if they survive, then they are to be brought viva voce, at the Hearing of the Cause between the Lord Awdley and the Lord Cottington concerning Fontill. All which were Ordered accordingly.
Lift of Visitants of E. of Strafford.
Visitants of Sir Geo. Ratcliffe.
Committees to examine Witnesses in Ld. Audley and Ld. Cottington's Cause.
Sir David Fowle's Cause to be heard.
Sir Pierce Crosbys D°.
Tho. Laton's Petition.
Lobby to be kept clear.
Ld. Morley's Petition.
Upon reading the Petition of the Right Honourable the Lord Morley; it was Ordered, That the further Consideration thereof be referred to the Committee for Privileges; and all the Parties whom it concerns, to have Notice to appear before their Lordships; in the mean Time all Indictments and Proceedings in the King's Bench, or elsewhere, touching the said Lord Morley and Captain Lewis Kirke, for or concerning the Death of Captain Peter Clarke, or any others in that Cause, be stayed and cease, until further Order of the House be signified.
Message from H. C. for Conference about the E. of Strafford.
A Message from the House of Commons, by Mr. Hampden, to this Effect: That the Knights, Citizens, and Burgesses, assembled for the Commons in Parliament, did desire a Conference, with a Committee of both Houses, presently, concerning their further Charge against the Earl of Strafford.
E. of Strafford to be brought to the House.
Lords appointed to report the Conference.
Report of the Conference.
E. of Strafford at the Bar.
The Lord Privy Seal reported the Heads of the Conference, and delivered to the Clerk the particular Charge brought up by the Commons against the Earl of Strafford; which was read to the said Earl of Strafford, he being called to the Bar as a Delinquent, and afterwards permitted to sit upon a Stool at the Bar.
Admitted to speak.
Order about his Answer and Imprisonment.
After this, he withdrew; and the House did Order, That the Earl of Strafford, upon Monday Morning next, do give in his Desires in Writing; and then their Lordships will further consider of them, and give such an Answer as will stand with the Honour of this House; and that he have a Copy of the Charge against him. It was further Ordered, That no Persons shall have Access to him, but his Counsel, Solicitor, Physician, and necessary Servants; and to have the Liberty in The Tower to take the Air for his Health-sake, in the Presence of the Lieutenant of The Tower.