Die Lunæ, videlicet, 8 die Februarii.
Upon the reading of the Petition of John Bishop, it
was Ordered to be referred to the Committee for
Courts of Justice.
Upon reading the Petition of Eliz. Burghs, it was Ordered to be referred to the Committee for Petitions.
Lady Purbeck's Petition.
Upon reading the Petition of the Lady Viscountess
Purbecke, it was Ordered to be referred to the Committee for Courts of Justice.
Ordered, That the Lords Committees do meet Tomorrow, and peruse Petitions, and to reject those that
are fit and proper to be relieved either at Common Law
or Courts of Equity, and retain such as are fit for their
The Petition of Devereux Wyatt was read, and
Ordered to be referred to the Committee for Petitions.
E. Strafford's Answer to Sir David Fowles and Sir Pierce Crosby's Petition, deferred.
It was signified to the House, That the Earl of Strafford being appointed by the Lords Committees to put in
his Answer to Sir David Fowles's Petition at a certain
Day, it was desired by the Counsel of the said Earl,
That it might be respited until such Time as he hath
put in his Answer to the Charge of High Treason
brought up against him from the House of Commons;
whereupon the House did Order, for the taking away
all Impediments and Excuses that might be alledged in
Case the said Earl of Strafford should fail to put in his
Answer to his said Charge, according to the prefixed
Day appointed by this House, That Resolution in this
and Sir Pierce Crosebie's Cause in this Point do rest until the Earl of Strafford hath put in his Answer into
this House to the aforesaid Charge; and then such
Course to be taken therein as the Wisdom and Justice
of this House shall think fit.
The Bill for Naturalization of Dorothy Spencer was
reported, and Ordered to be ingrossed.
The Lord Admiral's Privilege, Smith's Arrest.
It being moved, That one . . . . . : Smith, a Servant to the Right Honourable the Lord Admiral, and
Marshal to the Court of Admiralty, for executing a
Warrant out of the said Court, was lately arrested, by
Process out of the Common Pleas; which being alledged
to be contrary to the Privilege of Parliament, it was
Ordered to be referred (fn. *) to the Committee for Privileges this Afternoon.
Jurisdiction of the Court of Admiralty.
A Contract for Goods was made in New England,
between Tho. Babb and Edward Trelany; and the
Business upon Difference being brought into the Court
of Admiralty, and there sentenced, an Action was
brought in the King's Bench, as conceiving the Court
of Admiralty not to have any Cognizance of Cases of
that Nature; which being conceived to be an Incroachment upon the Jurisdiction of the Admiralty, a
Petition to this House was preferred by the Lord Admiral, for the Preservation of the Jurisdiction of the
said Court; and, after the Business on both Sides had
been debated at the Bar by Counsel, it was Ordered
by the House, That the Plaintiff in the King's Bench
should proceed in his Action, and Judgement therein to
be given, according to Law; and if afterwards the
Defendant find himself aggrieved thereupon, he may
have Liberty to appeal to this House, by Way of Writ
of Error, if he think fit; but this to be without any
Prejudice to the Jurisdiction of the Court of Admiralty
Ordered, That the Petition of Edward Burgh be
referred to the Lords Committees for Petitions.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis,
videlicet, 9m diem instantis Februarii, hora nona, Dominis