Die Sabbati, videlicet, 30 die Januarii.
Lord Bishop of Winton and Lord Bishop of Landafe
had Leave granted them to visit the Archbishop of Cant.
Bill for bringing Water to London from the River Colne.
vice lecta est Billa, An Act for bringing a
new Stream of Fresh Water to the Cities of London and
Westm. from the River of 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.
The Earl of Dorset had Leave to speak with the
Archbishop of Cant.
Lift of Visitants of E. of Strafford.
The Lieutenant of The Tower brought in a List of
the Names, which have visited the Earl of Strafford
since last Saturday; which was read openly.
Visitants of Sir Geo. Ratcliffe.
The Keeper of The Gate-house delivered in a List of
Names who have visited Sir George Radcliffe, Knight;
which was read.
Committees to examine Witnesses in Ld. Audley and Ld. Cottington's Cause.
The Names of the Lords deputed by the House to
take the Examinations of the Witnesses in the Cause of
the Lord Awdley and the Lord Cottington:
L. Viscount Say et Seale.
|L. Bp. of Lincolne.
Serjeant Whitfeild to attend the Lords, and write
down the Depositions.
Any Three of their Lordships to meet when they
Sir David Fowle's Cause to be heard.
Ordered, That Sir David Fowle's Cause be heard
upon Wednesday next, being the 3d Day of February next,
in the Afternoon.
Sir Pierce Crosbys D°.
Ordered, That Sir Peirce Crosebie's Cause be heard
upon Wednesday next; in the mean Time, such Witnesses
as shall be used in the Cause, are to be produced and
sworn here in this House.
Tho. Laton's Petition.
The Petition of Sir Thomas Laton was read, and referred to the Committee for Imprisonments; with Recommendations for Expedition.
Lobby to be kept clear.
Ordered, That the Orders of the House, prohibiting
People from coming into the Lobby, be set upon the
Doors, with a Penalty of Commitment for Not-observance thereof.
Ordered, That none are to be covered in the Little
Committee Chamber, when the Lords are present.
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.
The Answer to the said Message was: That their
Lordships will give a present Conference, as is desired,
in the Painted Chamber.
E. of Strafford to be brought to the House.
After this, the Lieutenant of The Tower was called in,
and commanded to bring the Earl of Strafford hither, at
Three of the Clock this Afternoon, with what Decency
and Safety he could.
Lords appointed to report the Conference.
The Lord Privy Seal, Earl Marshal, Earl Bath, Earl
Bristoll, and the Lord Viscount Say et Seale, were appointed to report the Conference.
Then the House was adjourned during Pleasure; and
the Lords went to the Conference; which being ended,
the House was resumed. And
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in 3m horam hujus
diei post meridiem, Dominis sic decernentibus.
Huc usque examinatur per Dominos,
W. Say et Seale.
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.
Here enter the Charge.
Admitted to speak.
Which being done, he was admitted to speak for
himself, and desired to have a convenient Time to put in
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.
E. of Strafford called in and made acquainted with the Order.
The Earl of Strafford being called in, the Keeper
acquainted him with the aforesaid Order.
Lieutenant of The Tower charged to observe it.
The Lieutenant of The Tower was likewise called in,
and received a Charge for observing the aforesaid
This being done;
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ,
videlicet, 1m diem Februarii, hora nona, Dominis sic