Journal of the House of Lords: Volume 5, 1642-1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Sabbati, videlicet, 28 die Januarii.
Sir C. Berkley's Petition, to be removed from The Tower to Mr. Kirk's House.
The humble Petition of Sir Charles Berckley was read; desiring, "in regard of his ill Health, to be removed from The Tower, to Mr. George Kirke's House of Westminister, upon sufficient Security for his true Imprisonment, and under such Restrictions and Cautions as their Lordships shall think fit:"
But, because the said Sir Charles Berckley is impeached by the House of Commons of High Treason; it is Ordered, That this House send to the House of Commons, to let them know, that, in regard of the Indisposition of the said Sir Charles Berkley, upon Information as they have had of his Sorrow for his Offence against the Parliament, their Lordships are inclined to remove his Place of Imprisonment from The Tower, to Mr. Kirke's House; but, in regard of his Impeachment by the House of Commons, this House thinks it fit to acquaint them with it.
Mr. Maxwell a Pass.
Ld Braugham, a Pass.
Ordered, That the Lord Braughham shall have a Pass, to go to Oxford, in the Company of those Lords that are to go to the King with the Propositions, and (fn. 1) is to return with them again.
Brocas's Petition, to be released, who was committed for suffering Capt. Legg to escape out of The Gatehouse.
Upon reading the Petition of John Brocas; shewing, That whereas Captain Wm. Legg, now about Seventeen Weeks past, made an Escape out of The Gatehouse, and that your poor distressed Petitioner was therefore committed close Prisoner, and hath so remained ever since, in extreme Want and Misery, having sold all that he had, to maintain him and his Wife, for his Sustenance, and, being now infirm, and utterly destitute of Livelihood, is likely to perish for Want of Food; having also, to his further Affliction, lately lost his aged Father, through Grief of his unfortunate and lamentable Condition:
"So it is, that your poor Petitioner was never Keeper of the said Prison, but Clerk and Accomptant for all the Profits of the said Prison, nor had the sole Charge of the said Captain Legg; but that there were other Officers, that were to keep Two or Three Doors ever locked between the said Captain Legg and the Street; and that he desires no Mercy, in this or the other World, if he be in the least Manner guilty of this Escape; which if he had been, he would not have stayed for this Misery, having the Liberty of Three or Four Days to have provided for himself before he was questioned.
"Therefore he desires that their Lordships would (fn. 2) so compassionate his miserable Condition, as either to vouchsafe him his Liberty, or some Means to maintain him in his Restraint, till he shall be released."
To send to the King, that He would dispatch the Lord Lieutenant of Ireland.
It was moved, "That a Conference may be had with the House of Commons, to desire them to take the late Conference into Consideration, concerning the sending to His Majesty, that the Lord Lieutenant of Ireland may be sent speedily into Ireland.
Spanish Ambassador's Paper. Proceedings against Davis.
Message to the H. C. for a Conference on these Subjects.
Lady Wich's Servants, a Pass.
Pass for Wine to Oxford.
Message to the H. C. with Sir Charles Berkley's Petition.
Roper and Lucas, a Pass.
Bill against scandalous Ministers.
Next, the Earl of Warwicke (fn. 3) reported from the Committee for the Bill concerning scandalous Ministers, "That they have considered of it, and have made some Alterations and Amendments," (fn. 4) which were read, and approved of.
Lady Rivers and Family, Leave to go beyond Sea.
Eltham Parks to be preserved.
Ordered, That there shall be a Protection for Eltham Parks, in [ (fn. 5) Kent, to] prevent the Deer and Wood from destroying; and the Offenders to be apprehended, and brought before the Lords in Parliament.
Committee who carry the Propositions to the King, to give in a List of their Servants.
Ordered, That the Four Lords, that are to go to the King with the Propositions, are hereby desired to give in a List of such Servants as they think necessary to attend upon them to Oxford; and that those Servants shall not carry any Letters to Oxford.
Overman versus Doughty, in Error.
Message from the H. C. for a Conference about Sir Cha. Berkley.
Report of the Conference.
And the Speaker reported the Effect of this Conference; which was, "To let their Lordships know, that, since the Bailing of Sir Edward Rodney, the Country of Som'sett is much displeased at his Enlargement; therefore they desire their Lordships would Bail no more, and that their Lordships would be sparing in granting Favour in this Kind, until some better Usage be shewed to the Prisoners at Oxford."
Their Lordships taking this into Consideration, Resolved, To let the House of Commons know, that the said Sir Charles Berckley is not to be bailed; neither was Sir Edward Rodney bailed, but his Prison changed; and that Sir Cha. Berckley is their Lordships Prisoner, and out of Respect they acquainted them therewith.