House of Lords Journal Volume 8: 19 November 1646

DIE Jovis, 19 die Novembris.

Prayers, by Mr. Taylor.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Soldiers on the Water Guard, Petition for their Pay.

The Petition of the Soldiers and others that wait on the Water Guard, "That an Ordinance sent from the House of Commons, for their Pay, may be passed."

Nothing was resolved therein, but that the said Petition shall be filed with the said Order.

James to be Comptroller at Southampton.

The Petition of John James was read, desiring "that he might be put in the Place of Comptroller at South'ton, in the Place of Mr. Bingley deceased."

Ordered, That there shall be an Ordinance brought into this House, according to the Desire of the said Petition; and to be passed here, and sent to H. Commons for Concurrence.

Bysh's Ordinance to be Garter.

Ordinance sent from the House of Commons, That Edw. Bish, a Member of the House of Commons, shall be Principal King at Arms, in the Place of Sir Jo. Borough deceased; 1^a & 2^a, and respited till Tomorrow.

Sir D. Watkins versus the E. of Bridgewater.

Upon reading the Petition of Sir David Watkins Knight; shewing, "That John Earl of Bridgwater stands justly owing and indebted to him, in the Sum of Two Thousand Pounds Principal Money, and Interest, which hath been long forborn; and the Petitioner hath used all fair and friendly Mediation to obtain it from the said Earl, but by no Intreaties can procure Satisfaction: The said Earl's Sureties stand all outlawed, and do absent from Arrests; and the said Earl being a Peer of this Realm, and so privileged that without the Favour and Good Leave of this House he cannot take any Course or Remedy at Law against him or Estate, for Recovery of his Money: Therefore it is desired, that this House will either order the said Earl to give the Petitioner present Satisfaction of his Money, or otherwise that he might have Leave and Licence for to take his ordinary Remedy at Law against him and his Estate."

It is Ordered, That this Petition be shewed the Earl of Bridgwater; and he is desired to return an Answer thereof to this House.

Dunce to be instituted to Condicot;

Ordered, That Doctor Heath shall give Institution and Induction to John Dunce Clerk, to the Parsonage of Condicott, in Glostershire; presented thereto by Dorothy Mathew Patroness; with a salvo Jure cujuscunque.

and Redrich to Totham Magna.

Ordered, Doctor Aylett shall institute and induct Edward Reddrich Clerk, Master of Arts, to the Vicarage of Totham Magna, in the County of Essex, void by the Death of Ambrose Westropp Clerk, the late Incumbent; the said Mr. Reddricch producing his Presentation thereunto under the Hand and Seal of Wm. Aylett his Patron: This with a salvo Jure cujuscunque.

No Ordinance brought from the H. C. for suspending Privilege of Parliament.

Whereas lately a Message was brought from the House of Commons, by Mr. Pierrepont, to desire their Lordships would expedite the Ordinance for suspending the Privileges of the Members of both Houses; and this Day the House had an Account given by the Clerk of the Parliaments that there is no Ordinance to this Purpose brought up from the House of Commons: Hereupon it was moved, "That a Message might be sent to the House of Commons, to let them know, that there is no such Ordinance brought up from them." And it was also moved by others, That some Sense of this House might be sent along with the said Message."

And the House was put into a Committee of the whole House during Pleasure, to debate it, whether to send any Sense with the Message.

The House being resumed, the Resolution concerning this Business is respited.

Ogle committed to the Black Rod.

Upon reading the Petition of Captain Thomas Ogle; desiring "he may be released from his Imprisonment."

It is Ordered, That he shall stand committed still to the Custody of the Gentleman Usher; and that, in the mean (fn. 2) Time, the Particulars of the Charge against him shall be produced.

Bodvell's Children to be placed under Sir W. Russel's Care.

John Gould, upon Oath, made Proof this Day at this Bar, "That he left the Order of this House at the Lodging of Mr. Bodvell:" And in regard Mr. Bodvell shewed no Cause why his Children should not be put into the Custody and Care of the Grandfather Sir Wm. Russell; it is Ordered, That the said Children shall forthwith be brought from the Place where now they are, and committed to the Care and Education of Sir Wm. Russell the Grandfather; and that some of the Parliament Forces do see that they be safely conducted to London, that so they may be sent to Sir Wm. Russell.

Brown sent for, about the E. of Midd's Lodgings in Som'set House.

Ordered, Mr. Browne, Under Keeper of Som'sett House, shall attend this House To-morrow; to shew Cause why he doth not permit the Earl of Midd. to enjoy the Lodgings of the Lord Viscount Purbecke.

Trelawny's Hab. Corpus.

Ordered, That Trelawny shall be brought before this House on Saturday Morning next, upon his Habeas Corpus; at which Time his Creditor shall be heard concerning the Debt owing to him.

Certificate of Damages done to Berkley Castle.

This Day a Certificate was read, in Pursuance of an Order made by this House concerning the Lord Berkley; (videlicet,)

"Right Honourable,

"In Obedience to your Lordships Order of the 2d of October, 1646, I repaired unto Berkeley Castle, where I find the Suggestions in the Right Honourable the Lord Berkeley's Petition to be true in a very high Measure; as to all his Lordship's Household Furnitures to a very great Value, his Furnaces, Partitions of Rooms, Boards, Wainscot, and other Things fixed to the said Castle, together with very much Provisions and Furnitures fetched in from the Country by Sir Charles Lucas during his Command there for the King, justified to be brought as Enemies Goods, by Major Wm. White (since deceased), Captain George Raymond, Captain Robert Stepney, Captain Joseph Hatch, Captain Wm. Brotherton, Captain John Davis, Captain Henry Pegler, Lieutenant Godfry Ellis, Lieutenant Guy Silcocks, and John Holford Clerk, by virtue of a Bill of Sale from Colonel Rainsburrowe (as is suggested) upon his taking the said Castle, upon Composition, to reward the Foot Soldiers for that Service. As to the Defacing of the said Castle by all those Ways mentioned in the said Petition, I find the greatest Part thereof to be lately done, during the Command of Ensign John Hathorne (who, with Twelve Soldiers, had Order to reside in the said Castle); the said Hathorne confessing to have sent away and sold Part of the Lead, the Castle Bell, the Gates, and other Things belonging to the said Castle to a good Value. The Residue of the Spoil there I find that Captain Richard Mathewes (by virtue of an Order from Colonel Thomas Morgan Governor of Gloucester and the Committee there, in Pursuance of an Order of the House of Commons for slighting the Outworks and Part of the Walls there) wilfully or negligently suffered the same to be done. I further find the Evidence-house in the said Castle, belonging to the said Lord Berkley, lately broken open; near Seven Hundred Pieces of Evidence taken from thence; some Hundreds more cast into the Dirt and Wet; many of the ancient Charters torn, and the Seals broken, for Benefit of the Silk Strings to which they were fastened; most of the rest, being many Thousands, confusedly cast together, for Gain of the Bags and Boxes wherein they were placed; notwithstanding the Knowledges they had of a special Order from this Honourable House for its Preservation: Which said Abuse was done during the Command of Ensign Hawthorne.

"The Consideration of all which I humbly submit to your Lordships Judgements.

Berkeley, this 24th of October, 1646.

"Jo. Berrowe.

This Day, at this Bar, John Smyth, upon Oath, deposed, "That he received the Order of this House, with the aforesaid Certificate, from Colonel Berrowe, with Directions to deliver the same to the Right Honourable the Lord Berkeley, and by his Lordship to be certified to the House of Peers."

Principal Actors in them sent for.

Hereupon this House Ordered, That such Persons as are the principal Actors in this Business shall be sent, to appear before this House, to answer the same.

Adjourn.

House adjourned till 10^a cras.