DIE Sabbati, videlicet, 28 die Januarii.
Earl of Manchester, Speaker this Day.
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.
Ordered, That Mr. Maxwell shall have a Pass, to
go to Oxford, about some Business of his own, and to
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. *) is
to return with them again.
Ordered, That Mrs. Moore, at Greenwich, shall have
a Protection, for herself, her Family, and her House
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. †) 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."
Ordered, To send this Petition to the House of
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.
"2. To desire them to take the Paper of the Spanish
Ambassador's into Consideration.
"3. To acquaint them with the Proceedings of this
House against Captain Davies, in putting him out of
The Charter House.
Message to the H. C. for a Conference on these Subjects.
A Message for this Purpose was sent to the House of
Commons by Mr. Serjeant Whitfeild and Mr. Serjeant
To desire a present Conference, concerning the abovesaid Three Particulars.
Lady Wich's Servants, a Pass.
Ordered, Some Servants of the Lady Wich shall
have a Pass, to go to Oxford, with some Provisions as are
necessary against her Lying-in there.
Pass for Wine to Oxford.
Ordered, That a Pass shall be made, for allowing
of some Bottles of Wine to be sent down to Oxford.
Message to the H. C. with Sir Charles Berkley's Petition.
A Message was sent to the House of Commons, by
Sir Rob't Rich and Mr. Page:
To communicate to them the Petition of Sir Charles
Roper and Lucas, a Pass.
Ordered, That Henry Roper and Ric'd Lucas shall
have a Pass, with their Horses, to go to Windsor, and
Bill against scandalous Ministers.
Next, the Earl of Warwicke
(fn. *) reported from the
Committee for the Bill concerning scandalous Ministers,
"That they have considered of it, and have made some
Alterations and Amendments," (fn. †) which were read,
and approved of.
Lady Rivers and Family, Leave to go beyond Sea.
Ordered, That the Lady Rivers Son and Daughter
shall have Liberty to go with her beyond Seas.
Eltham Parks to be preserved.
Ordered, That there shall be a Protection for Eltham
Parks, in [ (fn. ‡)
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.
Ordered, That Errors shall be assigned, in the Writ
of Error depending in this House between Overman and
Doughty, this Day Fortnight.
The Messengers return with this Answer from the
House of Commons:
That they will send an Answer, by Messengers of
their own, concerning the Petition of Sir Charles
Message from the H. C. for a Conference about Sir Cha. Berkley.
A Message was brought from the House of Commons,
by Mr. Walter Longe:
To desire a present Conference, concerning Sir Charles
The Answer returned was:
That this House will give them a present Conference,
in the Painted Chamber, as is desired.
The Messengers return with this Answer from the
House of Commons:
That they will give their Lordships a present Conference, as is desired.
The House of Commons being ready for a Conference,
this House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
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.
House adjourned till 10a Lunæ.