House of Lords Journal Volume 4: 23 December 1640

DIE Mercurii, videlicet, 23 die Decembris.

PRAYERS.

Lord Chief Baron enters into a Recognizance.

The Lord Chief Baron submitted himself to their Lordships Pleasure, and consented to enter into a Recognizance of the same Condition as the Judges Yesterday did; and so, in open Court, before the Lord Chief Justice Littleton, who sat as Speaker, he acknowledged a Recognizance of Ten Thousand Pounds, as followeth:

The Condition of the Recognizance is this: That, if the abovesaid Sir Humphry Davenport, Knight, Chief Baron of His Majesty's Court of Exchequer, shall appear here in Parliament, from Day to Day, and To-morrow Sevennight, videlicet, the 30th Day of this Instant Month of December, put in sufficient Security of Ten Thousand Pounds, by himself and others, to appear before the Lords Spiritual and Temporal in the High Court of Parliament assembled, from Time to Time, and to be present at the Judgement of Parliament against him, if any be; and, if he cannot procure Security as aforesaid, then to yield his Body in this Court upon the aforesaid 30th Day of December.

Sureties bound for the Bishop of Ely.

Episcopus Eliens. Episcopus Bangor. Episcopus Petriburgh. Episcopus Landaph. recognoverunt seipsos debere Domino Regi Decem Mille Libras, levandas ex Terris, Tenementis, Bonis, et Catallis suis, et cujuslibet eorum, ad usum Domini Regis.

The Condition of the abovesaid Recognizance is, That if Matthew Wren, Lord Bishop of Elie, shall appear Personally here, before the Lords Spiritual and Temporal in the High Court of Parliament assembled, from Time to Time, and to appear and be present at the Judgement of Parliament against him, if any be; then this Recognizance to be void; else to remain in Force.

A Petition of the Lord Archbishop of Cant. was read, in hæc verba:

"To the Right Honourable the Lords Spiritual and Temporal, assembled in the High Court of Parliament.

Petition of the Archbishop of Canterbury.

"The Humble Petition of William, Lord Archbishop of Cant.

"Humbly sheweth,

"That whereas your Lordships Petitioner, when he was to withdraw and leave that Honourable Assembly, gave Offence to your Lordships in some Things which passed from him in his Speech, he is very heartily sorry for the same, and most humbly prayeth that your Lordships will pass by that passionate Offence, pressed from your Petitioner by the Weight and Unexpectedness of the Charge which fell upon him.

"And further, that your Honourable Lordships would be pleased to grant, that your humble Petitioner may have some Liberty to take the Air, for his Health's Sake, under what Safeguard your Lordships shall please to think fit; and this in regard his Health begins to fail him already, by reason the House where he is hath no Place in which he can take any fresh Air at all.

"And your Lordship's humble Petitioner shall ever pray for your Lordships Happiness."

Order for his taking the Air and speaking with Persons.

Whereupon the House did Order, That the Lord Archbishop of Cant. should have Liberty to take the fresh Air; for his Health's Sake; but to go in the Company and Presence of Mr. Maxwell, Gentleman Usher to this Honourable House, into any Place excepting The Spring Garden, or any Place belonging to the King's Houses; and that he be suffered to speak with nobody at such Times but in the Presence of Mr. Maxwell, who is to be answerable for his Grace's Forthcoming when he is with him.

Distribution of Money gathered on the Fastday.

Upon the Motion of the Earl of Huntington, it was Ordered, That the Money gathered on the Fast Day of the Lords shall be distributed, according as is appointed by the Lord's Committees: videlicet, to St. Margarett's Parish of Westm. Twenty Pounds; to St. Martyn's Parish in the Fields, Ten Pounds; to the Thirteen Gaols, Four Pounds a-piece; and, if the Money arise more, then an Increase to the poorest Gaols.

E. of Winchelsea's Bill.

Ordered, That the Earl of Winchelsea's Bill should be sent down to the House of Commons; which was accordingly done, by Serjeant Ayliff and Serjeant Whitfield, King's Serjeants.

Committee for the Northern Business.

Ordered, That (fn. 1) the Lords Committees for the Northern Business are to meet when their Lordships please.

Ordered, That the Lord Chamberlain, Lord Dunsemore, Lord Faulkonbridge, and Lord Craven, and Bishop of Lincolne, be added to the Committee for the Northern Business.

Witness in the E. of Strafford's Cause.

The Earl of Corke was sworn at the Bar, in causa Comitis Strafford; and was enjoined to Secrecy, as former Witnesses.

The E. of Strafford's Cause.

Ordered, That the deputed Lords for Examination of Witnesses in causa Comitis Strafford, may fit at such Times as they please, in the respited Time of Christmas, to examine what Witnesses their Lordships shall appoint.

Committee to consider of Scotch and Irish Nobility, etc.

Ordered, That the Consideration of Foreign Nobility of Scotland and Ireland, and the Creation of Baronets of Nova Scotia, be referred to the Committee of Privileges.

Lieutenant of The Tower of give a List Weekly of the Persons visiting the E. of Strafford.

The Lieutenant of The Tower was called into the House; and the Lord Chief Justice of the Common Pleas, by Directions from their Lordships, asked how he had observed the Directions of the House, concerning the the Earl of Strafford. Hereupon he produced a List of their Names that have visited the Earl of Strafford in The Tower, since the Order of this House, which was openly read; after which it was Ordered, That the said Lieutenant shall give this House the like Account every Saturday Morning after the next Saturday; and further Ordered, That he shall use his Power which he hath to call Assistants out of the Hamlets near The Tower, if Need be.

The Two Serjeants returned, and gave their Lordships an Account that they have delivered the Earl of Winchelsea's Bill to the House of Commons.

Bishops excused on Christmas-eve.

It was moved, That, in regard To-morrow is Christmas-eve, That the Lords the Bishops might be excused for attending this House; thereupon it was Ordered, That as many of the Bishops as will come, may; the rest to be excused for their Absence.

Dudley's Damages against Justice Berkley.

It was reported to the House, by the Lords Committees for Petitions, That their Lordships have considered of the Petition of William Dudly, who arrested Thomas Lord Wentworth, upon a Bond of Four Hundred Pounds or thereabouts, and did enter Caution at the Chamber of Justice Barkley, for the taking of sufficient Security for the said Sum; which Mr. Justice Barckly neglecting to do, was Ordered by the said Lords Committees to pay to the said Dudley presently the Sum of Four Hundred Pounds, with Costs and Damages, or else to give him good Security; and the said Mr. Justice Barckly consenting in open Court to the said Order, and it being signified to the House, That Justice Barckly offered his House and some Land in or near Barnett for Security, which the said Mr. Dudly accepted of; all which accordingly was Ordered.

Adjourn.

Dominus Capitalis Justiciarius Communis Banci, Locum tenens Domini Custodis Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 24^m diem instantis Decembris, hora nona, Dominis sic decernentibus.