House of Lords Journal Volume 8: 5 March 1646

DIE Jovis, 5 die Martii.

PRAYERS by Mr. Chambers.

Comes Manchester, Speaker.

Order for Colonel Dulbeir to exercise Martial Law.

The Order for granting Martial Law to Colonel Dulbeir to command the Forces under his Command, was read, and Agreed to; and Ordered to be communicated to the House of Commons, for their Concurrence.

Ld Berkley to have Possession of Lands in Slimbridge.

Upon reading the Petition of the Lord Berkley: (Here enter it.) It is Ordered, That he enjoy the Possession of the Lands in the Petition, as he did the Beginning of this Parliament, unless the Parties grieved shew Cause to the contrary within Fourteen Days after the Date of this Order; but, if no Cause shewed, then to be absolute.

Wray's Ordinance.

The Lord North reported from the Committee for the Ordinance concerning the Wardship concerning Sir Christopher Wraye's Son.

And they are of Opinion, "That (fn. 1) the said Ordinance will cross the Votes of both Houses, passed for the putting down of the Court of Wards; and therefore they think it sit to have a Conference with the House of Commons about (fn. 2) it, that so they may explain their Meaning in divers Clauses of the Ordinance."

But this House did re-commit the Consideration of the Ordinance to the same Committee.

Colonel Ogle's Petition, for Leave to go beyond Sea.

Upon reading the Petition of Colonel John Ogle; desiring "Leave to go beyond the Seas to his Friends."

It is Ordered, To be communicated to the House of Commons, for their Concurrence therein; this House thinking it fit to grant him Leave.

Message to the H. C. with it, and about the following Particulars.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

1. To deliver to them the Petition of Colonel Ogle, and desire their Concurrence therein.

2. To put them in Mind of Mr. Ellison's Petition.

3. To desire their Concurrence in the Ordinance for Martial Law to be given to Colonel Dulbeir.

4. To put them in Mind of Mr. Le Strange's Petition.

5. To communicate the Paper of the Scotts Commissioners, for the Payment of Fifteen Thousand Pounds for the Scotts Army.

6. To deliver to them the Letter to be sent to the Emperor of Russia; and desire their Concurrence therein, and that it may be signed by the Speakers of both Houses.

7. To put them in Mind of Sir Marmadukes Lloyd's Petition.

8ly. To deliver to them the Petition of Colonel Welden's, for raising a Regiment of Foot out of the Prisoners, to go for the Service of the State of Venice; which this House thinks fit to grant, if Security be given they shall not be employed against the Parliament.

9. To deliver to them Mr. Charles Clarke's Petition; and desire their Concurrence, that he may have Satisfaction for the Loss he hath sustained in his Woods, out of the Composition of the Earl of North'ton, when he hath made his Composition.

Ld. Balmerino and Sir R. Heath.

Upon hearing the Counsel of the Lord Balmerino, concerning the Business between him and Sir Rob't Heath: It is Ordered, That the Business shall be heard further on Wednesday next, at which Time the Original Patent in Question shall be brought into this House; and the Lord Balmerino is to bring Witnesses, to prove the Agreement between the Lord Balmerino his Father and Sir Robert Heath.

Serjeant Fynch Leave to be absent.

Ordered, That Mr. Serjeant Fynch hath Leave to be absent from his Attendance upon this House, for to use Means for the Recovery of his Health.

Green versus E. Rivers.

Upon reading the Petition of John Greene Minister, against the Earl of Ryvers: It is Ordered, That the Earl of Rivers shall have a Copy of the Petition, and give in his Answer to this House within a Month after the Date hereof.

Norton to have the Rectory of Harlaxton.

Upon the reading the Petition of Richard Norton Clerk: It is Ordered, That an Ordinance be brought in, to present him to the Rectory of Harlaxton, in the County of Lyncolne.

Col. Disney to have the Regiment at Lincoln.

Ordered, That Colonel Molineux Disny be appointed Colonel over the Regiment that was late Colonel Browne's, at Lyncolne; and that the Concurrence of the House of Commons be desired herein.

Ld. Berkley's Petition, to have Possession of some Lands in Slimbridge, in Gloucestershire.

"To (fn. 3) the Right Honourable the Peers assembled in Parliament.

"The humble Petition of George Lord Berkley;

"Sheweth,

"That your Petitioner and his Under-tenants have, for more than Thirty Years last past, been peaceably seised and possessed of a Parcel of Land, called The New-gained Grounds, containing about Three Hundred Acres, as Part of his Manor of Slimbridge, in the County of Gloucester: That, since these unhappy Wars began, some Persons, unknown to your Petitioner, in a riotous Manner, hath digged down the Banks and Mounds thereof, and pulled down the Houses thereon being, laying it common for all Men's Cattle, to your Petitioner's great Prejudice.

"Your Petitioner humbly prayeth, that your Honours would be pleased to establish his and his Tenants Possession therein, as they held the same the First Day of this Parliament, and for Twenty Years before; and in case any Opposition shall arise to your Petitioner's Prejudice, that your Lordships would then order the Committee and Justices of the Peace, that the several Garrisons in that County, and the Inhabitants of the Townships of Slymbridge and Frampton, being next adjacent, to give their Assistance, for suppressing thereof, and quieting your Petitioner's Possession.

"And he shall ever pray, &c.

"G. Berkley."

Adjourn.

House adjourned till 9^a cras.