House of Lords Journal Volume 4: 5 June 1641

DIE Sabbati, videlicet, 5 die Junii.

PRAYERS.

Marquis of Hertford introduced.

This Day the Lord Marquis of Hertforde was introducted, between the Lord Marquis of Wynton and the Earl of Essex, all in their Robes; the Lord Great Chamberlain, the Earl Marshal, and Garter going before; and having delivered his Patent of Creation, dated 3 die Junii 1641, 17° Caroli Regis, upon his Knee, unto the Speaker, who delivered it to the Clerk to be read; which being done, he was brought and placed next below the Lord Marquis of Winton.

E. of Nottingham's Cause.

Ordered, That the Earl of Nottingham's Cause shall be heard on Thursday next, in the Afternoon, before the Committees for Petitions.

L. Audley versus L. Cottington.

Ordered, That the Lord Awdleye's Cause is to be heard on Wednesday Morning next, the First Cause; and all Witnesses and Parties formerly appointed to attend are to be present.

Restraining Bishops from meddling in Secular Affairs.

Ordered, That the Bill concerning the Bishops, and the Reasons sent up from the House of Commons, shall be debated on Monday Morning next, at Nine a Clock; and no other Cause nor Motions are to precede.

House to be called.

Ordered, That this House be called on Monday Morning next.

Absent Lords excused.

The Earl of Lincolne, Lord Willoughby de Earesby, Lord Willoughby de Parham, excused for being absent.

Order concerning Sir Jo. Lamb and Dr. Walker.

Ordered, That it is referred to the Earl of Bath and the Earl of Dorsett, to judge of the Validity and Sufficiency of the Security which Sir Jo. Lambe is to give to Dr. Walker, for the Remainder of Twelve Hundred and Fifty Pounds, according to a former Order of this House.

Physicians Bill.

Hodie 1^a vice lecta est Billa, An Act for the Confirmation and further Enlargement of Privileges to the Physicians of the College of London.

Holeman's Petition referred.

Upon reading the Petition of Phillip Holeman, Esquire, it is Ordered to be referred to the Committee for Petitions; and Justice Heath to have a Copy of the said Petition, and return an Answer thereof to the Lords Committees.

Wall's Cause.

Ordered, That the Cause of George Wall, Clerk, shall be heard before the Lords Committees for Petitions on Tuesday next, in the Afternoon; against which Time all Parties interested therein are to have Notice to attend, either by themselves or their Counsel.

Wigmore's Bill.

Hodie 2^a vice lecta est Billa, An Act for enabling John Wigmore, Esquire, to make a Jointure out of his Lands in Herefordshire, &c.

And committed to

Mr. Justice Reeves, Assistant.

Their Lordships, or any Five, to meet on Monday Morning next, at Eight a Clock.

Clerks of the Common Pleas.

Ordered, That the Cause concerning the Clerks of the Common Pleas shall be heard before the Lords Committees for Petitions on Tuesday come Sevennight.

Order concerning Dr. Cosens and others in Mr. Smart's Cause.

Ordered, That Dr. Cosens shall bring in his Pardon, which he mentioned in his Answer to the Impeachment of the House of Commons; and also that Sir Charles Cæsar, Knight, Doctor Aylett, and Doctor Sammes, do bring in, to the Clerk of the Upper House of Parliament, the Commission and Precedents mentioned in their several Answers to the said Impeachment concerning Mr. Smart's Cause, that so the Counsel of the said Mr. Smarte may have a Sight of them.

Sir Pierce Cresby's Order for discharging an Extent in Ireland.

Upon Report of Part of the Petition of Sir Peirce Croseby, Knight and Baronet, by the Lords Committees particularly appointed for his Cause, "That his Lands in Ireland were extended in His Majesty's Name, to and for the Use and Behoof of the late Earl of Strafford;" which Extent, upon due Consideration thereof, their Lordships have thought fit should be taken off: Whereupon it is Ordered, That His Majesty be waited upon, by the Earl of Bath, and the Lord Chief Justice of the Common Pleas, now Speaker of this House, that He will be pleased to direct His Letters to the Lords Justices of Ireland, requiring them to cause the said Extent to be made void, and taken off from the Lands of the said Sir Peirce Croseby, as also all Leases, Grants, or Custodiums, made to any Person or Persons by virtue of the said Extent, shall from henceforth cease, and be void, to all Intents and Purposes. And lastly, if any Sum or Sums of Money have been levied, and remaining in the Hands of Sands, or any other, by reason of the said Extent, that all and every such Sum and Sums of Money shall be forthwith delivered and paid to the said Sir Peirce Croseby, or his Assigns.

Rook's Order against Tockley.

Upon Report of the Cause of George Rookes, by the Lords Committees for Petitions, of an Injury and Grieand Grievance done unto him by a Sentence of Sir Henry Martyn's, in the Court of Admiralty, touching the Right of a Ship called The Bride, pronounced there against him; upon which the said Rookes paid the Sum of One Hundred Forty-five Pounds unto one Robert Tokeley, and also for Fifty Pounds taxed for Costs of Suit upon the said Rookes, in the Admiralty, in respect of the said Sentence; it is thought fit, and so Ordered, That the said Tockley, his Heirs, Executors, or Administrators, shall forthwith pay, or cause to be paid, unto the said George Rookes, or his Assigns, the Sum of One Hundred Forty-five Pounds; and that the said Sum of Fifty Pounds taxed for Costs, by reason of the said Sentence, shall be taken off and discharged. And lastly, that the said Sir Henry Martyn (who called the said Rookes a Prohibition Merchant) shall, for such his Sentence against the said Rookes (which their Lordships declare to be unequal and partial), pay forthwith to the said Rookes, or his Assigns, by way of Damages, the Sum of Fifty Pounds of [ (fn. 1) like full Money], of which Performance the Parties are not to fail.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 7^m diem instantis Junii, hora 9^a, Dominis sic decernentibus.