House of Lords Journal Volume 6: 29 May 1643

DIE Lunæ, videlicet, 29 Maii.

PRAYERS.

Earl of Manchester, Speaker.

Committee for associating Huntingdon with Cambridge.

Ordered, That these Persons following are agreed on, to be Committees for the County of Huntingdon, to join with the Committees at Cambridgeshire, in the Association of those Counties:

Lord Berkley's Petition, for Protection of Berkley Castle.

A Petition of the Lord Barkley was read; complaining of his ill Usage, and Destruction of his Woods and Castle of Berkley, in the County of Glocester. (Here enter the Letter.)

Sent to the Lord General.

Ordered, That a Copy of this Petition shall be sent to the Lord General, and he desired to send Command to the Deputy Lieutenants, to examine this Business, and (fn. 1) send the Parties, with the Examinations, in safe Custody up to this House; and to require the Deputy Lieutenants to secure the Castle of Berkely, for the Service of the King and the Parliament; and that, if this House finds, by the Examination, that the Servants and Tenants of the Lord Berkeley have given no just Offence in this Business, that they shall have Protections from this House; and that the Deputy Lieutenants do take Care for recovering such Goods as they shall be informed to belong to the Lord Berkley.

Message from the H. C. with Orders for Concurrence, and to expedite some already brought up.

A Message was brought from the House of Commons, by Sir Henry Mildmay, Knight; which consisted of divers Particulars:

1. To desire their Lordships to expedite these Orders and Ordinances depending in this House;

1. Concerning Salt-petre.

2. Concerning the ill Usage of the Prisoners at Oxford.

3. Concerning the Ordinance for the Assembly.

4. To name a Committee, to be sent into Scotland.

2. To desire their Lordships Concurrence in divers Orders now brought up.

The Answer returned was:

Answer.

That this House will send an Answer to this Message by Messengers of their own.

Committee for assessing London, and Twenty Miles round.

"It is this Day Ordered, by the Lords and Commons, That the Committee at Haberdashers Hall shall have Power, within the City of London and Twenty Miles Compass, to call such Persons before them, that have not contributed proportionably upon the Propositions; and that they do appoint Assessors, to cess such of them as have not so contributed, according to the Ordinance of the Twentieth Part; and that they shall have Power to appoint Committees, to have Power to ease such as shall be over-rated: Provided always, That this Ordinance shall not extend to the calling or assessing of any of the Members of either House of Parliament, or of any Peer, or of any Assistant; (fn. 2) but the House of Peers only shall have Power to call and assess the Members and Assistants of that House, and every Peer whatsoever."

Ordered, To desire the House of Commons to concur in the adding of this Proviso.

Ordinance for seizing Horses for the Army.

Next, an Ordinance was read, concerning the Taking of Horses, for the supplying the Lord General's Army; and this House added a Proviso, to except the Members and Assistants of this House; which being agreed to, it was sent down to the House of Commons, to desire their Concurrence to the Proviso. (Here enter it.)

"Provided always, That this Ordinance shall not extend to the seizing or taking any Horses, Mares, or Geldings, of any of the Members of either of the Houses of Parliament, or of any Peer, or of any of the Assistants of the House of Peers."

Message to the H. C. that the Lords have agreed to some Orders brought up.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To let the House of Commons (fn. 2) know, that their Lordships have agreed to the Committees Names for the County of Hunt. with the Addition of Three Names.

2. That their Lordships do agree to the Order for taking of Horses; and to the Order concerning the Persons in the Counties Twenty Miles about London, to be cessed for the Twentieth Part, with a Proviso.

Ld. Berkeley's Petition, for Satisfaction for Damages at Berkley Castle.

"To the Right Honourable the Peers assembled in Parliament.

"The humble Petition of George Lord Berkeley;

"Sheweth,

"That whereas, in February last, your Petitioner's Castle of Berkly being by his Servants delivered up unto Colonel Forbus, a Scotchman, for the Use of King and Parliament, upon these Conditions, in Writing, of protecting his Goods and Estate, and of their Persons and Estates that did relate unto him; and that his Servants should continue in the Castle as formerly, to preserve and look unto his Goods; which notwithstanding, the said Colonel Forbus did soon after imprison and turn out all his Servants, did seize on their Estates, and plunder their Houses, not leaving them the Value of Six Pence; and did also convey into Scotland (as is said) most of your Petitioner's best Furniture and Goods, to a good Value; cut down very much of his Woods, pretending them prejudicial to the Safety of the Castle, though some of them Five Miles distant, and fold them; pulled down all his Out-houses, Walls, and Bridges; burnt his Parkpales, destroyed the Deer Red and Fallow; plundered Cattle and Horses in the Country, and fed them in his best Pastures; burnt much Hay and Corn of his Tenants, and very much Timber provided for Repair of the Castle; and did every Way lay open your Petitioner's ancient Seat as waste as a Wilderness, although he intended to make it his own, as appeared by his offering to Sale those Leases and Copyholds that fell void, and usually dating his Warrants from his Castle of Berkeley, professing he got it by the Sword, and would keep it: Which Outrages being made known to Sir William Waller, he committed him, and placed one Harcusse an Irishman in his Room, who went on in the same Track, and made his Hand of what was left. Upon Complaint whereof, he was also removed, and your Petitioner's Castle put into the Hands of the Deputy Lieutenants; but no Restitution of his great Losses, or his poor Tenants.

"Now, forasmuch as your Petitioner's Estate in the North is also wholly sequestered by the King's Forces, your Petitioner humbly prayeth that your Lordships would be pleased to make him some Reparation in Honour, by an exemplary Punishment of the said Forbus and Harcusse, by restoring of his Castle unto him, being his ancient Inheritance, by granting your Protection unto such of his Officers and Servants as for this Cause have either been imprisoned or inforced to absent themselves; and may, by Order of this House, receive such of his own and Servants Goods and Furnitures as, upon Examination before any Two of the Deputy Lieutenants of the County of Glouce. shall be found in the Hands of any Person, or Recompence to the Value thereof.

"George Berkeley."

"Lunæ, 20 Maii, 1643.

Ordinance for seizing Horses, for the Use of the Army.

"Whereas there is an Ordinance of Parliament passed, bearing Date the Tenth Day of this Instant May, concerning the taking of Horses for the Service of the Parliament: It is further Ordered and Declared, by the Lords and Commons in Parliament assembled, as well in Pursuance of the said Ordinance as by Way of Addition, that his Excellency's Occasions may be served, and yet with the greatest Ease to the Counties as may be, That the Deputy Lieutenants, or the Committees for the Propositions, or any Two of them within the several Counties, when the Lord General shall require so many Horses out of any County, shall immediately levy such a Number upon every Division and Hundred, as in a Proportion the several Parts will afford; and shall cause the Horses, so proportioned, to be delivered accordingly; and, in Case the said Deputy Lieutenants or Committees shall not execute according to the said Ordinance, and deliver such Horses as are fit for Service, nor in such Time as the Lord General shall direct, or that the Lord General shall find, by reason of some great Exigency, that the said Circumstances cannot be observed without Danger to the Army, and insert the same in his Warrant, then such Officers as his Excellency shall appoint shall raise and take such Number of Horses as are required by his Excellency, within the Places appointed, rendering an Accompt to his Excellency for the same, having Regard always of those Persons that have expressed their good Affections, by contributing upon the Propositions, and submitting to the Orders and Ordinances of Parliament; and in Case that, upon any Exigency, the Horses of such Persons as have expressed their Affections to the Parliament as aforesaid shall be taken, that their Horses shall be valued by the Constables, and certified to the Commissary in London, for valuing of Horses, Arms, &c. and the Parties re-paid for them upon the Public Faith: Provided always, That this Ordinance shall not extend to the seizing or taking any Horses, Mares, or Geldings, of any of the Members of either of the Houses of Parliament, or of any Peer, or of any of the Assistants of the House of Peers."