House of Lords Journal Volume 4
24 December 1640

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1767-1830

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'House of Lords Journal Volume 4: 24 December 1640', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 117. URL: http://british-history.ac.uk/report.aspx?compid=35484 Date accessed: 27 November 2014.


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DIE Jovis, videlicet, 24 die Decembris.

PRAYERS.

Downing versus Moore.

It was reported from the Lords Committees for Imprisonments, etc. That one George Moore, Clerk, having refused to appear upon Notice of their Lordships Order before them, that the said George Moore be sent for by the Messenger attending this House, to appear to answer such Things as are alledged against him in the Petition of Dr. Calibut Downing; which was Ordered by the House accordingly.

Rouse versus Clarke, touching the Hospital at Leicester.

It was reported to the House, from the Lords Committees, That, upon reading the Petition of William Rowse, complaining, that the new Hospital, commonly called Wigson's Hospitall, in the Town of Leicester, founded by Queen Eliz. and settled upon Four Feoffees in Trust, to the Use of Twenty-four poor People, and a Chaplain for Divine Service, and certain Lands given of good Value to the Maintenance thereof; and that Dr. Clarke, being Chaplain and a Principal Feoffee in Trust, having had the sole Government thereof, hath grievously oppressed the Tenants and Husbandmen in divers Particulars, and hath taken Fines to his own Use, above a Thousand Pounds, and setteth the Places of the Poor to them that will give most; and when any of the Poor die, he selleth their Goods, and converteth the Money to his own Use, with many other Things expressed in the Petition; all which the Lords Committees thought fit should be referred to the Examination of Sir Wolston Dixie, and Thomas Babington, Esquire, Two of His Majesty's Justices of Peace for the County of Leycester; William Danvers, Esquire, Archdale Palmer, Esquire, Mr. Angell, Minister or Lecturer in the Town of Leycester, and Mr. William Sherman, Gentleman, they or any Three of them; and to certify under their Hands, unto the Lords Committees, their Examinations of the whole Business. All which this House did now Order accordingly.

A Message from the House of Commons, to this Effect, by Sir Henry Mildmaye:

Message from the H. C. to charge the Bp. of Bath and Wells with Misdemeanours.

That he was commanded, by the Knights, Citizens, Burgesses, and Barons of the House of Commons, to let their Lordships know, That they have received Informations of heinous Misdemeanours, tending to the Subversion of the true Religion, against William Peirce, Bishop of Bath and Welles; and they do desire that he put in good Caution, to appear here, and abide the Judgement in Parliament.

who is to give Bail.

The said Lord Bishop of Bath and Wells being absent, the Gentleman Usher was appointed by the House to send presently to him; but, it being late, it was Ordered by the House, That the Lord Chief Justice of the Common Pleas, Speaker of the House, do cause him to appear, and acknowledge before him a Recognizance for Ten Thousand Pounds, to appear here in Parliament, upon Tuesday next, videlicet, Twenty-ninth of this Instant Month of December; and then to give sufficient Security, by Recognizance of Ten Thousand Pounds, by himself and others, to appear here from Time to Time in Parliament, and to be present at the Judgement of Parliament against him, if any be; and if the said Bishop of Bath and Welles refuse to acknowledge the Recognizance as aforesaid, then he is to be presently restrained of his Liberty, and committed to the Custody of the Gentleman Usher.

Answer to the Commons about him.

After this, the Messengers of the House of Commons were called in, and the Speaker did signify from the House to them, That their Lordships have taken their Message into Consideration, and told them, that the Bishop of Bath and Welles is not now present; but their Lordships will send for him, and take a Course that he may put in Caution to appear from Day to Day, and abide the Judgement of Parliament.

Witnesses sworn in the Earl of Strafford's Cause:

Witnesses sworn in the E. of Strafford's Cause.

Sir Donough Maccarta.
Sir Hards Waller.
Sir William Coale.
Sir Robert Lynch.
Sir James Mountgomery.
Nicho. Barnewell, Esquire.
Symon Digby.
Edward Rowley.
Richard Fitzgerrard.
Jeffery Browne.
John Welsh.
Nic. Plunkett.
Tho. Bourcke.
Sir Robert Farar.

All these received a Command for Secrecy, as former Witnesses have had.

Damages from the Abp. of Cant. to Sir Robert Howard.

Memorandum, That the Lord Archbishop of Cant. hath paid the Five Hundred Pounds unto Sir Robert Howard, Knight, according to the Order of this Honourable House, and desired to be discharged thereof; which was accordingly done.

The Lord North and the Lord Mountague were added to all the Standing Committees.

Bp. of Oxon Leave to speak with the Abp. of Cant.

The Lord Bishop of Oxon had Leave granted him to speak with the Archbishop of Cant.

Committee for Privileges.

Ordered, That the Lords Committees for Privileges are to meet on Saturday next, in the Afternoon.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 29m diem instantis Decembris, hora nona, Dominis sic decernentibus.