House of Lords Journal Volume 4: 11 December 1640

DIE Veneris, videlicet, 11 die Decembris.

PRAYERS.

Earl of Cleveland and the Lord Wentworth excused for their Absence.

Exchange between the Bp. of London and Sir Nicholas Crispe.

Hodie 1^a (fn. 1) vice lecta est Billa, An Act for Exchange of Lands between the Right Honourable the Lord Bishop of London, Lord Treasurer of England, and Sir Nicholas Crispe, Knight, etc.

Mr Howes examined and committed

This Day Mr. Howes, Vicar of Banbury, was brought to the Bar, as a Delinquent, to answer the Petition of the Inhabitants of Banbury against him; and these Witnesses following were sworn and examined in open Court: videlicet,

Witnesses sworn against him

His Scandal against L. Say and Seale, for which he is committed to The Fleet.

And, after a full Hearing of what the Witnesses could say touching the Proof of the Matters charged in the Petition, the House did conceive, that there was not a sufficient Proof made, whereby to censure Mr. Howes upon those Particulars, but, concerning the Words which Mr. Howes did speak, concerning the Right Honourable the Lord Viscount Say and Seale, though they were not mentioned in the Petition, yet, because they were proved by one Witness, and confessed by Mr. Howes himself, the House did think fit that he should be committed; whereupon the Lord Viscount Say did desire the House, That, if their Lordships did not think it fit to censure him upon the Charge in the Petition, that the House would be pleased to remit what did concern himself in particular; which Motion the House commended, as proceeding from his noble Disposition, yet thought it fit that some exemplary Punishment be shewn therein. It was therefore Ordered, by the House, That Mr. Howes should be forthwith committed to The Fleet, there to remain until he make his humble Submission for his foul and scandalous Words against the Lord Viscount Say and Seale.

Bernardo at the Bar.

Phillip Bernardo, an Italian, was brought to the Bar as a Delinquent, being accused for divers scandalous Words against some Lords; but he denying the Words, and professing himself to be innocent, he was commanded to withdraw.

Discharged.

Garret Day committed for his false Accosation against him, and to pay his Fees.

Then the House took into Consideration the Witness which was against him, being one singular Witness, named Garrett Day, concerning whom it did appear to the House, that he was an infamous Person, sentenced formerly for Perjury, and stood in the Pillory, and so thought fit not to be received as any Testimony, whereupon it was Ordered by the House, That the said Phillip Bernardo shall be forthwith discharged of his Imprisonment; and the said Garret Day, for his false Accusation, to stand committed to The Fleet, until he satisfy and pay to the said Bernardo such Charges as he hath expended by reason of his Imprisonment in this Cause.

Witness sworn in the E of Strafford's Cause.

The Lord Viscount Conway was sworn as a Witness, to be examined in the Cause of the Earl of Strafford, at the Clerk's Table; and afterwards received, by the Lord Keeper, an Injunction from the House for Secrecy, and not revealing any Depositions, until Publication or Leave from the House.

L Maynard excused.

Lord Maynard excused, for being absent.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 12^m diem instantis Decembris, hora nona, Dominis sic decernentibus.