Journal of the House of Lords: Volume 11, 1660-1666. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 12 die Julii.
Message to H. C. about Writings belonging to Peers.
To deliver the Papers and Order made Yesterday, concerning the Writings and Deeds concerning the Peers in the Hands of the Clerk of the House of Commons, to be delivered into the Custody of the Clerk of the Lords House.
Ld. Mohun's Privilege.
Act of Indemnity.
Col. Axtell sent for.
Warrant for Gerrard's Execution to be brought in.
Act to confirm Judicial Proceedings.
Answer from H. C.
Dr. Barwick's Petition.
E. of Berks' Order.
Articles against Yaxley.
Sir F. Doddington and Sir S. Crowe's Petition.
Order to confirm the one for restoring Ld. Culpepper to his Estate.
Whereas an Order, dated the 11th of this Instant, was read this Day, and confirmed in this House, for and on the Behalf of John Lord Culpeper; whose Lordship was at the Reading thereof affirmed to be dead:
It is ORDERED, by the Lords in Parliament assembled, That Thomas now Lord Culpeper shall have and receive full Benefit of the said Order, which hereafter followeth; videlicet, "Upon the humble Petition of John Lord Culpeper, Baron of Thorswey, shewing, That the Lands and Estate of the said Lord Culpeper were actually sold, by that Assembly of Persons who usurped the Name and Authority of a Parliament, without either Hearing or Summons, or Charge against the said Lord Culpeper, and without Trial by his Peers, which is contrary to the fundamental Laws of this Kingdom: It is therefore ORDERED, by the Lords in Parliament assembled, That the Sale of the said Lands and Estate, and all Proceedings thereupon, be, and are hereby declared to be, null and void; and that the Lord Culpeper be, and is hereby, restored to the Possession of the said Lands and Estate, in whose Hands soever the same are, which have been thereby unjustly kept from him, and to all Timber and Woods cut down and remaining upon the Premises: And hereof all Persons whatsoever are to take Notice, and yield Obedience hereunto accordingly."
Letter from Jeanor, about Col. Axtel being assisting in the late King's Death.
"I have thought fit to communicate unto your Lordship, in order to the due Execution of Justice, a Matter concerning Colonel Axtell, who would (as I humbly conceive) have been brought under a more severe Condemnation than what the News out of England reports, had his Deportment been as well known unto others as unto me, concerning His late Majesty, when He was brought before the pretended High Court of Justice; for I (then having the Honour to attend His Majesty, as being One of His menial Servants) heard the said Colonel Axtell advise and earnestly incite the Soldiers then in Westm. Hall, in a barbarous Manner, to cry out for Justice (as he termed it) against His said Majesty. And on the Day when that pretended Court pronounced Sentence against His then Majesty, I heard him then say to his Soldiers, "Cry out for Execution:" Which they did accordingly.
"What I have now written I am ready to aver upon Oath, whensoever I shall be brought to testify against him; which I should have sooner made known to your Lordship, had I not been kept in this Place by my bodily Infirmities, and had I not been persuaded that the same had been more publicly taken Notice of than now it seems to be. Having nothing at present to occasion or justify the longer Continuance of these Lines, I shall take Leave to conclude myself,
Order for Recovery of Goods belonging to the E. of Berks, taken from him during the late Troubles.
Upon Information given this Day unto the House, "That several of the Goods, Household Stuff, and other Things, of the Earl of Berks, have been taken and carried away since these unhappy Times, and are detained and kept from his Lordship, by Colonel Kelsey, Colonel Smith, Major Allen, and Captain Hunt, and others:"
It is ORDERED, by the Lords in Parliament assembled, That the said Earl of Berks shall have Liberty, by his Servants and Agents, to make diligent Search for any of his said Goods, in any of their Houses, and in other suspicious Places, in the Day-time, with a lawful Officer; and (if Resistance be made) to break open any Door or Lock with the said Officer, for the gaining of the said Goods, which are to be taken and carried away to the Use of the said Earl of Berks; any Thing to the contrary notwithstanding.