Journal of the House of Lords: Volume 8, 1645-1647. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 2 Octobris.
Comes Manchester, Speaker.
Viscount Say & Seale.
Ds. Grey War.
Message from the H. C. with Ordinances.
A Message was brought from the House of Commons, by Mr. Long and others;
That the House of Commons desire the Lords Concurrence in Two Ordinances:
1. That Five Thousand Pounds be paid to the Executors of the Earl of Essex, for Funeral Expences.
(Here enter it.)
2. That Nine Hundred Forty-four Pounds, Six Shillings, and Two Pence, be paid, out of the Excise, to Colonel Massey. (Here enter it.)
Countess of Glamorgan, a Pass to Ireland.
Ordered, That a Pass be granted to the Lady Herbert Countess of Glamorgan, into Ireland, with Thirty of her menial Servants, not to carry over any prohibited Goods; and that the Names of her Servants be sent into this Office.
Message from the H. C. with an Ordinance about the Monthly Fast.
A Message was brought from the House of Commons, by Mr. Ball and others:
To desire the Lords Concurrence in an Ordinance touching the Monthly Fast.
Read the First and Second Time, and committed to these Lords following:
L. Viscount Say & Seale.
L. Grey of War.
Their Lordships, or any Three, to meet on Wednesday next, at Nine of the Clock in the Morning, in the Prince's Lodgings.
Walter & Uxor.
Upon the Petition of William Walter Esquire, read this Day in the House, touching some Alimony allowed to Elizabeth Walter his Wife: It is Ordered, by the Lords in Parliament assembled, That a Copy of the said Petition, together with this Order, shall be served upon her, who is to return her Answer in Writing into this House to the said Petition within Fourteen Days next after the serving hereof, that such further Directions may be given therein as shall be meet.
The Petition of Bond, was read in Part.
The Division of the several Classis of Lancaster, was read, and Agreed to. (Here enter it.)
Order for Preservation of Berkley Castle.
Upon reading of the Petition of George Lord Berkley this Day in the House; shewing, "That the Soldiers and Inhabitants in the County of Gloucester and those Parts do take Liberty, contrary to Law or any Order or Ordinance of Parliament, to deface, demolish, and destroy Berkley Castle, the Petitioner's ancient Seat and Inheritance, by pulling off the Leads, pulling down the Glass and Iron Bars of the Windows, the Gates and Doors both within and without the said Castle, pulling up the Boards and Wainscots belonging to the same, and also breaking and burning Trunks and Chests remaining in the said Castle, to the very great Damage, Loss, and Detriment of the said Petitioner; being a Peer of this Realm, and having constantly adhered to the Parliament, for which he hath sustained very great Losses by the other Party."
It is Ordered, by the Lords in Parliament assembled, That Colonel John Barrough is hereby authorized and required, upon Sight of this Order, to cause diligent Enquiry and Search to be made, who they are that do or have committed this Spoil and Waste upon the said Castle and the Goods belonging thereunto, and by whose Authority and Power they do or have acted the same, and to certify their Names unto this House; and also that he forthwith cause all Persons whatsoever to cease any further to proceed therein; and that he do preserve the said Castle and the Goods thereunto belonging to the only Use of the said Lord Berkley; and farther, that the Materials, as Lead, Timber, Trunks, or other Goods of the said Petitioner's, being taken away from the said Castle, shall be seized and brought back again, and preserved for the Use of his Lordship; and that the said Persons, who have carried or conveyed, or caused to be carried or conveyed, away from the said Castle, any Materials or Goods as aforesaid, shall give an exact and true Account in Writing, to the said Colonel Barrough, of all the Particulars thereof, expressing both how and so whom they have disposed of the same; which if they refuse to do, or if the Persons who have received any of the said Materials or Goods shall refuse to deliver them to the said Colonel, upon Sight of this Order, without Detriment or Defacing, then their Names to be also certified unto this House: And farther it is Ordered, That the Justices of the Peace near unto the Places where any of the said Materials or Goods shall be found, or have been embezzled, the Sheriff of the said County of Gloucester, and the Committees in those Parts, are hereby desired to give their best Assistance for the due and legal Performance hereof: Nevertheless, it is not intended by this Order to contradict any former Order or Command that hath been given for the slighting and demolishing of the Out-works, or making the said Place unserviceable for any Garrison.
Ld. Chandois and Sir W. Hicks, like Orders.
The like Order for the Lord Chandos and Sir Wm. Hicks, That the Earth Works be only slighted, and not the Castles.
Ordinance concerning Munster and Ulster.
The House was adjourned during Pleasure; and the Ordinance for Munster and Ulster was considered of.
And being again resumed, was read, and passed, with a Proviso; (videlicet,)
"Provided, That, at the transacting of any Business of this Nature, Two Lords and Four Commoners be present."
Sent to the H. C.
Which said Ordinance and Proviso was sent to the House of Commons, by Sir Edward Leech, &c.
Ordinance concerning the Commissioners for Ulster.
The House was again adjourned during Pleasure; and the Ordinance concerning the Commissioners of Ulster was considered of.
And the House being resumed, nothing was Resolved.
Gratwick et Uxor, to have the Custody of Joan Withers, a Lunatic.
Upon reading the Petition of John Gratwicke and Mary his Wife, Cousin German to Johane Withers a Lunatic; shewing, "That the Petitioners are near of Kin to the said Lunatic, who hath One only Daughter, being Heir to an Estate of Land of Inheritance, about the Value of Forty Pounds per Annum; and that the said Petitioners are desirous of the Welfare of the said Lunatic and her Daughter, and shall endeavour her Recovery and the Preservation of her Estate."
It is Ordered, &c. That the Custody of the said Lunatic, and her Estate that lyeth in Cowfold in the County of Sussex, is hereby committed to the said Petitioners at present, until the Pleasure of this House be further signified, who are to take Care of the keeping of the Lunatic and her Daughter in fitting and good Manner, according to her Estate; and that Endeavour be made for her Recovery, if it may be; and lastly, that such Account of the Estate shall be given Yearly by the Petitioners, or One of them, during their Custody of the Lunatic, as this House shall direct.
Sir H. Tracy's Petition, about the Ordinance concerning Gloucester.
Upon reading of the Petition of Sir Humphry Tracy this Day in the House, touching an Ordinance sent up from the House of Commons, being proceeded in here, and committed to a Committee of the Lords in Parliament:
It is Ordered, by the Lords in Parliament assembled, That the said Committee shall meet on Thursday next, at Nine of the Clock in the Morning, touching the said Ordinance and Petition; and that the Gloucestersheir Men concerned in this Business have timely Notice of the said Committee's Meeting; and that all Persons concerned do then attend in Person, or by their Counsel, as they shall think fit.
Order for 5000 £. for the E. of Essex's Funeral Expences, &c.
Ordered, by the Lords in Parliament assembled, That Five Thousand Pounds be paid to the Executors of the Earl of Essex, towards the discharging of his Debts, and defraying the Expences of his Funeral, out of the Rents and Estates assigned to the Earl of Essex by Ordinance of Parliament.
Tryers for the Classis in Lancashire.
The County of Lancaster is divided into Nine Classical Presbyteries following.
Resolved, &c. That the Houses do approve of the Division of the County of Lancaster into the Nine Classical Presoyteries represented from the said County.
"Resolved, &c. That the Houses do approve of the Ministers and other Persons represented from the County of Lancaster, as fit to be of the several and respective Classes into which the said County is divided."
Order for 944£. 6s. 2d. for Colonel Massey.
Be it Ordained, by the Lords and Commons assembled in Parliament, That Nine Hundred Forty-four Pounds, Six Shillings, and Two Pence, being so much formerly disbursed by Colonel Edward Massey for the Service of the Western Association, be paid in Course, together with Interest, after the Rate of Eight Pounds per Centum per Annum, out of the Receipts of the Excise, to come in upon the Ordinance of the 11th of September, 1643, unto the said Colonel Edward Massey, his Assignce or Assigns, whose Receipt or Receipts shall be the Commissioners of Excise their sufficient Discharge in that Behalf: And be it further Ordained, That if the Commissioners of Excise, or any other well-affected Person or Persons, shall advance and lend the said Nine Hundred (fn. 1) Forty four Pounds, Six Shillings, and Two Pence, or any Part or Parcel thereof, that they, the said Commissioners of Excise, and every such Person and Persons respectively, shall be satisfied and reimbursed the said Nine Hundred Forty-four Pounds, Six Shillings, and Two Pence, and Interest, out of the Receipts of the Excise as aforesaid, in Manner and Form aforesaid; and shall not, by any other Order or Ordinance of One or both Houses of Parliament, be debarred from being satisfied and reimbursed accordingly; and that the said Commissioners of Excise, or any other Person or Persons that shall advance the said Nine Hundred Forty-four Pounds, Six Shillings, and Two Pence, or any Part or Parcel thereof, do pay the said respective Sum or Sums which they or he shall so advance unto the said Colonel Edward Massey, whose Receipt or Receipts, together with the respective Receipt or Receipts of the respective Lenders thereof, or any Part thereof, shall be the Commissioners of Excise their sufficient Discharge, for reimbursing themselves the said Nine Hundred Forty-four Pounds, Six Shillings, Two Pence, if they shall advance the same, or so much as they shall advance thereof, or otherwise for their the said Commissioners of Excise their Payment of the said Nine Hundred Forty-four Pounds, Six Shillings, and Two Pence, together with Interest as aforesaid, unto such other Person or Persons that shall advance the same, or any Part or Parcel thereof."
Adjourn, 10 Tuesday.