House of Lords Journal Volume 4
26 January 1641

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1767-1830

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'House of Lords Journal Volume 4: 26 January 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 144-145. URL: http://www.british-history.ac.uk/report.aspx?compid=35507 Date accessed: 28 November 2014.


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Die Martis, videlicet, 26 die Januarii.

PRAYERS.

Peele's Petition.

The Petition of Isabell Peele, Widow, was read, and Ordered to be referred to the Committee for Petitions.

Examinations in the E. of Strafford's Cause, to be delivered to the Commons.

Ordered, That the Examination of the Lord Rannelaugh and Sir Pierce Croseby, in the Earl of Strafford's Cause, be delivered to the Committee of the House of Commons.

Phillips Petition, touching the Philazers Office of London, &c. in the Common Pleas.

Upon reading the Petition of Fabian Phillips, praying to be admitted into the Philazers Office of London, Midd. Cambridge, and Huntingtonshire, in the Court of Common Pleas; and it being signified to the House, by the Lord Keeper of the Great Seal of England, late Lord Chief Justice of the said Court, That it is by the King's Majesty's Recommendations; it was Ordered by the House, That the Lord Keeper do forthwith admit the said Fabian Phillips into the said Philazers Place mentioued in the said Petition.

Bembridge's Censure for forging L. Fauconbridge's Protection.

After this, Phillip Bembridge was called to the Bar, for counterfeiting a Protection of the Lord Fauconbridge's; and the Protection being shewed him, he confessed that he gave it to Speeringe, but he had the Protection from one Scott, a Trooper at Yorke; but Speeringe, upon his Oath, averred that Bembrige procured him the Protection within Three Days at the most after he had spoken to him for it, for which he gave him Forty Shillings.

After this, they both withdrew; and the Lord Fauconbridge did disavow the Hand and Protection to be his. Hereupon the House, taking it into Consideration, did Order, That the said Bembridge shall be imprisoned, there to continue until upon his Knees he confess, with the Paper in his Hand at this Bar, that he did counterseit the said Protection, and afterwards make the like Confession at all the Courts of Justice in Westminster-hall; and further, that he repay the Forty Shillings which he received of Speeringe for the said Protection, and be disabled for ever giving his Testimony in any other Court of Justice hereafter.

E. of Cumberland excused.

The Lord Clifford, now Earl of Cumberland, was excused for his Absence; and had Leave to be absent for certain Days, upon the Death of the Earl of Cumberland his Father.

Petition of the Captives in Algier.

Upon reading a Petition in Behalf of divers poor Captives in Argeire, under the Slavery of the Turks, and upon reading of a Letter from thence, dated 20th of September; shewing, That the Turks do not only threaten to take more of our English Ships and Christians, out of our own Channel, but also to take or burn His Majesty's Ships; it was Ordered, That the further Consideration hereof be referred to the Committee for Petitions, to be proceeded upon Thursday next; and that One or Two Solicitors be appointed for the Prosecution and Well-managing of the Business; and that some Spanish and Turkish Merchants do attend their Lordships, to inform them further in the Business: Further, That the Care of Keeping the River be recommended to the Lord Admiral.

Witnesses sworn in the Cause of Sandelands versus Bloxam:

Witnesses. Sandeland versus Bloxham.

Francis Monday, Gent.
Brian Smith, Clerk.

Witnesses sworn in Causa Wright contra Wragg:

Witnesses. Wright contra Wragg.

Francis Daniell.
John Saylers.
Francis Monday.
Margeret Wood.

Witnesses sworn in Causa Walker contra Sir Jo. Lambe:

Witnesses. Walker versus Lamb.

Sir Sam. Luke, Knight.
Cadwallader Powell, Gent.
Francis Monday.

Order concerning the Proceedings against L. Finch.

Ordered, That the Manner of Proceedings against the Lord Fynch be referred to the Committee for Judicature, and the King's Counsel to attend their Lordships with the ancient Precedents of R. II.

The Petition of Sir Peirce Croseby being read, was committed to this Committee following:

Sir Pierce Crosby's Petition.

L. Privy Seal.
E. Marshal.
E. Bath.
E. Essex.
E. Dorset.
E. March.
E. Bristoll.
E. Holland.
E. Bollingbrooke.
E. Stanford.
L. Viscount Say et Seale.
L. Bp. Winton.

Mr. Justice Reeves,
Mr. Serjeant Whitfield,
L. Bp. Exon.
L. Bp. Carlile.
L. Bp. Bristoll.
Ds. Hastings.
Ds. Pagett.
Ds. Chandois.
Ds. Mountague.
Ds. Howard de Charl.
Ds. Pawlett.
Ds. Pierpoint.
Ds. Coventry.
Ds. Goringe.
Ds. Dunsemore.
Attendants.

Their Lordships, or any Seven of them, to meet on Friday in the Afternoon, in the Painted Chamber, at Two of the Clock.

Order thereupon.

Ordered, That Sir Peirce Croseby shall have the Privilege and Liberty of Parliament for his Person, whereby to attend his Cause the better before the Lords in Parliament.

Brian O Rourk's Bail.

Ulicus Comes Sancti Albani recognovit se debere Domino Regi Mille Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, &c.

The Condition of the said Recognizance is, That, if Brian O' Rourk, Esquire, now Prisoner in The Tower of London, upon his Liberty now granted him to follow his Cause, doth appear and be forth-coming before the Lords in Parliament, at a Week's Warning at any Time given, that then the said Recognizance to be void; else to stand and remain in Force.

O'Rourk's Order.

Ordered, That Mr. O' Rourke have Liberty to go abroad, and follow his Cause, without a Keeper, depending before the Lords in Parliament; provided that he return and lodge at The Tower every Night; and that Mr. Lieutenant of The Tower doth take Care he doth so; and, if he doth not, to inform this House thereof.

Mr. Burrough's Order, touching his Reversion of an Office in the Common Pleas.

Ordered, That Mr. Burroughs bring into this House his Patent of Reversion of an Office in the Common Pleas, upon Monday Morning next; at which Time the Clerks of the Common Pleas are to be heard touching their Petition; and Mr. Burroughs to be heard then, if he desire it.

Subsidy Bill.

Hodie 2a vice lecta est Billa, An Act for Relief of His Majesty's Army, and the Northern Parts of this Kingdom; and Exceptions being taken by one of the Lords to the Word ["Commons"] in the Preamble of the Bill, it was referred to these Lords Committees following to consider thereof:

L. Privy Seal.
L. Chamberlain.
E. Bath.
E. Essex.
E. Warwicke.
E. Bristoll.
E. Bollingbrooke.
E. Berks.
E. Dover.
L. Viscount Say et Seale.
L. Bp. Durham.
L. Bp. Winton.
L. Bp. Sarum.
Mr. Attorney General,
Mr. Serjeant Whitfielde,
L. Bp. Carlile.
L. Bp. Bristoll.
L. Bp. Rochester.
Ds. Willoughby de Earseby.
Ds. Hastings.
Ds. Wharton.
Ds. Mountague.
Ds. Howard de Charlton.
Ds. Grey de Werk.
Ds. Robarts.
Ds. Pawlett.
Ds. Goringe.
Ds. Savell.
Attendants.

Their Lordships, or any Seven of them, to meet To-morrow in the Afternoon, at Two a Clock, in the Painted Chamber.

To prevent long Intermission of Parliaments.

Ordered, That the Bill for Parliaments be read Tomorrow Morning.

L. Audley's Protection counterseited by Mark Brandt.

Who is sent for.

The Lord Awdley acquainted the House, That one Mark Brandt, a Merchant in Thomes-Street, in London, being arrested by one Wright, of Wood-street Compter, a Serjeant, at the Suit of one William Brownsword, produced a Protection, dated 14 die Januarii, One Thousand Six Hundred and Forty, pretending it to be granted by the Lord Awdley, with a Seal annexed, and signed: The Lord Awdley denying it to be his Lordship's Hand, but counterfeit; it was Ordered by the House, That the said Markes Brand be sent for by the Serjeant at Arms, to appear before this House, to answer the said Fact; and that Kenelme Smith and Jo. Wright be commanded to attend this House, as Witnesses in the said Cause, at the Time of Appearance of the said Brandt.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 27m diem instantis Januarii, hora nona, Dominis sic decernentibus.