House of Lords Journal Volume 4: 23 January 1641

DIE Sabbati, videlicet, 23 die Januarii.

PRAYERS.

Osbaldston relieved from a heavy Sentence in the Star Chamber.

The Petition of Lambert Osbaldston, Clerk, was read; complaining of the heavy Sentence procured against him in the Star Chamber, by the unjust and undue Proceedings of Walter Walker and Cadwalader Powell, and others; whereupon it was Ordered, That the Person of the said Lambert Osbaldston be free to follow his said Cause; and that the Consideration of his Petition be referred to the Committee appointed for the Star Chamber; and that all the Profits of all his Freehold, Livings and Prebendary of the Collegiate Church of St. Peters in Westm. be sequestered, for his Use and Account, until his said Cause be determined by this House.

Sir James Levingston's Petition touching Lands in Sutton Marsh.

Upon reading the Petition of Sir James Levingston, Baronet, praying to be restored to the Possession of Land in Sutton Marsh, in Comitatu Lincolne, with the Meane Profits for Three Years last past, now in the Possession of the Right Honourable the Duke of Lennox; it was Ordered by the House, That the further Consideration of this Petition be referred to the Consideration of the Lords Committees appointed for the Lord Phillip Herbert's and Lord Viscount Grandison's Cause.

Lord Audley versus Lord Cottington.

Ordered, That the Cause between the Lord Audley and the Lord Cottington be heard in this House, on Saturday, the 30th Day of January 1640; in the mean Time, the Lord Awdley to bear the Charges of such Witnesses which are produced on his Part.

Dr. Pocklington bailed.

Johannes Pocklington, Doctor Theologiæ, Henricus Allen de North'ton, Generosus, Sampoll Hodgson, Cives et Drap. de London, recognoverunt seipsos debere Domino Regi Mille Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, et cujuslibet eorum, ad usum Domini Regis, etc.

The Condition of the abovesaid Recognizance is, That, if the abovesaid Dr. Pocklington doth appear, and make Answer to such Things as are charged against him before the Lords in Parliament, and be present at the Sentence of Parliament against him, if any be, then this Recognizance to be void, or else to remain in Force.

Visitants of Sir George Ratcliff.

Mr. Weekes, the Keeper of The Gatehouse, delivered in a List of those Names that visited Sir George Ratcliffe since Saturday last, which was read publicly.

Visitants of the Earl of Strafford.

After this, the Lieutenant of The Tower delivered in a List of those that visited the Earl of Strafford since Saturday last; which was read publicly.

Examinations concerning the Attainder of the Earl of Castlehaven.

The House being informed, That the Lord Coventry having in his Custody some Examinations touching the Attainder of the Earl of Castlehaven; it was Ordered, That those Papers be brought in hither upon Monday next, which are in the Hands of the Lord Coventry, that then the House may appoint some Lords to peruse them.

Atkins's Petition.

Upon reading of the Petition of Richard Atkins, it was Ordered, That the further Consideration thereof be referred (fn. 1) to the Committee for Petitions.

Execution of Goodman stayed.

The Lord Keeper signified to the House, That His Majesty hath stayed the Execution of one Goodman, a Priest lately condemned; the Reasons whereof His Majesty will impart to the Lords in the Afternoon, at the Meeting at Whitehall.

O Rourk to put in Security.

Ordered, That Mr. O Rouke do appear here on Monday next, to put in Security for his Forth-coming when he goes abroad; in the mean Time, to remain as he is.

Lord Pagett's Petition.

Upon reading the Petition of the Right Honourable William Lord Paget, it was Ordered, That Captain John Roper, Henry Stevens, Robert Maine, Christopher Mainnard, Christopher Smith, do, upon Notice given, appear Personally here, before the Lords Committees for Privileges, upon Monday, the First Day of February next, to answer such Things as are alledged in the said Petition.

Lady Moulson's Petition to reverse a Decree in Chancery.

Upon reading of the Petition of Dame Anne Moulson, sole Executrix of Sir Thomas Moulson, Knight, late Alderman of London; praying, "That a Decree and Orders made thereupon, in the Time of the Lord Keeper Finch, may be reversed; and that Mr. Serjeant Rolls, Mr. White, Mr. St. Johns, Mr. Gurden, and Mr. Hales, may be assigned for Counsel," it was hereupon Ordered, That the Consideration of the said Petition be referred to the Committee for Petitions; and that Mr. Serjeant Rolls, Mr. Gurdon, and Mr. Hales, is assigned for Counsel in the said Cause; but Mr. White and Mr. St. Johns, being Members of the House of Commons, are left to themselves for Resolution therein.

Heily's Petition for a Book of their Father's, detained by the Archbishop of Canterbury.

Upon reading a Petition of Sam. and Thomas Heily, Sons of John Heily, late Minister of Rushbrooke, in the County of Suffolke; "That the Archbishop of Cant. hath got into his Possession a Book of their Father's compiling, which they desire to have restored;" thereupon it was Ordered, That Mr. Maxwell doth shew the said Petition to the Archbishop of Cant. who is to return an Answer to this Petition, and likewise the said Book, upon Monday Morning next.

Witnesses. Bloxham and Sandiland.

Witnesses sworn in the Cause, between Nic. Bloxam and Andrew Sandiland, Cler.

Witnesses. Jay versus Arnold.

Witnesses sworn in Causa Jay contra Arnold:

A Message from the House of Commons, by Sir John Culpepper:

Message from the H. C. for a Conference, concerning Goodman's being reprieved.

That the Knights, Citizens, and Burgesses, for the Commons assembled in Parliament, do desire a present Conference with their Lordships, by a Committee of both Houses, touching the Reprieve of one Goodman, a Priest, lately condemned for Treason, and formerly condemned and banished.

Answer.

Answer: That their Lordships will give a Meeting presently, as is desired, in the Painted Chamber.

L. Falconbridge's Hand counterfeited by Bembrick,

who is sent for.

The Lord Fauconbridge signified to the House, That one Phillip Bembricke, Solicitor, hath lately counterfeited a Protection, under his Lordship's Hand and Seal; and sold it to one Wm. Speeringe for Forty Shillings; whereupon the House did Order, That the said Phillip Bembricke be sent for, to appear before their Lordships on Monday next, at Nine a Clock, to answer the said Fact.

The Lord Privy Seal and the Earl Marshal were appointed to report the Conference.

The House was adjourned during Pleasure; then the Lords went to the Conference.

The Conference being ended, the Lord Privy Seal reported the Conference, to this Effect:

Conference reported.

"That Mr. Glynn delivered, That the House of Commons, upon a Return of an Answer from the City of London concerning the Advancing of Money for His Majesty's Service and the Commonwealth, having received an Intimation of an Apprehension of a general Discontent amongst the Citizens of London, upon the Reprieval of a Seminary Priest, one Goodman, condemned of High Treason upon Wednesday last, who had been formerly condemned for the same Offence, and banished this Kingdom; and finding that there is a great Connivance at Jesuits and Priests through the Kingdom, to the great disheartening of the People, in this Time of Parliament, when they expect a thorough Reformation; they have desired a Conference with your Lordships, to crave your Assistance, for the Discovery of such Instruments as have dared to intercede for the Interruption of the Course of Justice against Priests and Jesuits; which they apprehend to be a great Disservice to His Majesty, and of the Commonwealth; and to take such Course therein as to your Lordship's Wisdom shall seem fit."

The King to be acquainted with this Message, touching Goodman's Reprieve.

After this, the House thought fit to acquaint His Majesty with this Message from the House of Commons; and appointed the Lord Privy Seal and the Earl Marshall to present it to His Majesty.

Witnesses Jo. James versus Sir John Lambe.

Witnesses sworn in Causa Jo. James, contra Sir James Lambe, etc.

Ursely Perin.
Tho. Kemball.

Witness, Galle versus Sanders.

Witness sworn in Causa Peter Galle contra Joseph Sanders:

Henry Lathbury.

Lord Audley versus Lord Cottington.

Ordered, by the House, That the Cause between the Lord Awdley and the Lord Cottington shall be heard on Saturday, the 30th of this Instant January, in open Court; and the Lord Awdley's Witnesses to be kept at his own Charges in the mean Time.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 25^m diem instantis Januarii, hora nona, Dominis sic decernentibus.

Huc usque examinatur per Dominos,
He. Bathon.
W. Say & Seale.
Tho. Duresme.
Jo. Lincoln.
P. Wharton.
C. Howard.