House of Lords Journal Volume 10: 15 November 1648

DIE Mercurii, 15 die Novembris.

PRAYERS, by Mr. Hickes.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

New College, Oxford, Pet. about the Election of Fellows from Winchester.

Upon reading the Petition of Henry Stringer, Doctor in Divinity, the Fellows and Scholars of New Colledge, in Oxford: (Here enter it.)

It is Ordered, That this House thinks it fit, that the Committee of Lords and Commons for regulating the University of Oxford do review this Business, and take the several Petitions into Consideration; and that the Concurrence of the House of Commons be desired herein.

This Petition was sent to the House of Commons, by Sir Edward Leech and Mr. Page, with the Sense abovesaid.

Order to revoke the one for levying 100l on Trenchard's Estate.

Upon reading the Petition of Henry Trenchard; desiring, "That the One Hundred Pounds ordered by this House shall be laid upon Sir Oliver Luke, Mr. John Trenchard, and Mr. Henry Trenchard, or One of them, as shall (fn. 1) be best found able to pay it": (fn. 2) And if any one do refuse it, then the Gentleman Usher is to take him into Custody, and keep him so until he pay the same: And that the Order of this House, requiring the Committee of Sequestrations in the County of Som'sett to levy the said One Hundred Pounds upon the Estate of Henry Trenchard, is hereby revoked.

Message from the H. C. with Votes about the Church, and in Answer to the King's Desire of having His Revenues, &c.

A Message was brought from the House of Commons, by Robert Reynolds Esquire; who brought up divers Votes, in Answer to the King's last Message concerning the Proposition touching the Church, wherein they desire their Lordships Concurrence; and that it may be sent to the Commissioners speedily, in regard of the Shortness of Time limited for the Treaty.

The several Votes were read, and Agreed to.

(Here enter them.)

2. An Answer to the King's Propositions.

(Here enter them.)

Read, and Agreed to; and ordered to be speedily sent away to the Commissioners inclosed in a Letter.

The Answer returned was:

Answer.

That this House agrees to the Votes and Answers now brought up.

Letter to the Commissioners, with the preceding Votes, and Took's Pet.

A Letter was read, and approved of, which is to be sent to the Commissioners in the Isle of Wight.

The Letter followeth:

"My Lords and Gentlemen,

"We are commanded, by the Lords and Commons in Parliament assembled, to send these inclosed Votes, concerning the King's last Answer touching the Proposition for the Church, and likewise these Answers to His Majesty's Four Propositions. This being all that we have in Command, we rest, &c."

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

To communicate to them the Letter to be sent to the Commissioners; and if they concur therein, that it may be signed by both Speakers, and sent speedily away.

2. To recommend to them the Petition of Auditor Tooke.

Mountague's Liberty prolonged.

Ordered, That Mr. Walter Mountagu shall have further Liberty, for Six Months, upon the same Security as now he stands.

Sir R. Hannah, a Protection, and to assign his Arrears.

Upon the Petition of Sir Rob't Hannah:

It is Ordered, That he shall have the Protection of this House delivered to him; but is required, and hereby obliged, so soon as the Protection is delivered to him, to assign to his Creditors so much out of his Arrears as will give (fn. 3) them Satisfaction.

L. Colrain and Ly. Delawar.

Ordered, That the Cause between the Lord Colrayne and the Lady La Warr shall be put off till this Day Sevennight.

New College Oxford, Petition, for a Review of the last Visitation, and for their Fellows to be elected only from Winchester.

"To the Right Honourable the Lords and Commons assembled in Parliament.

"The humble Petition of Henry Stringer Doctor in Divinity, the Fellows and Scholars of New Colledge, in Oxford;

"Sheweth,

"That whereas, by the pious Munificence and Charity of William of Wykham, some Time Lord Chancellor of England, there hath been founded (for the training up of Youth, and fitting of Men for Employment both in Church and State) Two Colleges, the one in Oxford, commonly called New Colledge, the other by Winchester, the one in Subordination, and as it were a Nursery, to the other; the Scholars of the School of Winchester being, by the Statutes of that College, to be preferred to New Colledge in Oxford, and the Fellows of New Colledge in Oxford to be chosen from no Place else but from the College by Winchester; which hath inviolably been observed; ever since their First Foundations, for almost Three Hundred Years last past; yet so it is, That the Visitors appointed for the Visitation of the University of Oxford, taking no Notice of the fundamental Constitution of these Colleges, how they are built in relation the one to the other, nor of the Right and Interest of several Noble Families, some of them Members of both Houses of Parliament, nor of the School of Winchester, having removed from their Fellowships in New Colledge to the Number of Twenty-one, and having (as these Petitioners are credibly informed) a List of as many more ready; for that they are not satisfied in Conscience by reason of a local Statute (whereunto they are sworn), not to admit of such Visitors as are actual Members of the University of Oxford; have brought into the Fellowship of New Colledge (and yet not in the Way and Manner as was directed by the Ordinance of Parliament) divers Strangers to the Foundations, and such as were never of the College by Winchester, to the Overthrow of the pious Intentions of a Worthy Founder, and the Infringing of the Hereditary Right of the several Noble Families, and the utter Disheartening of the School of Winchester, to see their Proper and ancient Preferment to be by this Means taken from them.

"May it therefore please the Honourable Houses, in Consideration of the Premises, and for the preserving of so many Hereditary Rights, and out of a tender Regard of the ancient School of Winchester, to grant, there may be a Review had, by the Honourable Committee of Lords and Commons for regulating the University of Oxford, as to the Proceedings of the Visitors concerning these Two Colleges; and that the Consideration of the Answers of these Petitioners to the Visitors may be reassumed, which they doubt not to free from all Manner of Contempt as may be suggested.

"And these Petitioners (as they are bound) shall always pray, &c."

Votes concerning the King's Answers touching the Church.

"Resolved by the Lords and Commons, assembled in Parliament,

"That His Majesty's last Answer, of the 4th of November, 1648, as to that Part concerning Bishops and Church Government and Discipline, is unsatisfactory.

"Resolved, &c.

"That His Majesty's Answer to that Part of the Proposition concerning the Book of Common Prayer, wherein He declares, He will not insist upon any Provision for the Continuance of the same in His Majesty's Chapel for Himself and His Household, is satisfactory.

"Resolved, &c.

"That Clause in the King's Answer touching the Book of Common Prayer, (videlicet,) "Nevertheless His Majesty declares, that He intendeth to use some other set Form of Divine Service," is not satisfactory.

"Resolved, &c.

"That His Majesty's Answer to that Part of the Proposition, "That an Act or Acts be passed, for a stricter Course to prevent the saying or hearing of Mass in the Court, or any other Part of this Kingdom, or the Kingdom of Ireland," wherein He declares that He will consent thereunto, is satisfactory.

"Resolved, &c.

"That Part of His Majesty's last Answer to the Proposition and Votes concerning the Church, videlicet, "As to all other Particulars in your Paper mentioned, His Majesty having in His former Answers consented so far as possibly He can as He stands at present persuaded in His Judgement, doth refer Himself thereunto; and since His Majesty by His Concessions hath brought all Differences concerning the Church into so narrow a Compass, that the chief visible Obstruction is that wherein really in Conscience He is not satisfied, He hopes His Two Houses will not put further Pressures of so tender a Nature upon Him, when it is most likely that Time and Debate will happily reconcile all those Differences," is not satisfactory; and that the Commissioners be hereby authorized and required to acquaint His Majesty herewith, and to press Him to a full Consent to the Propositions concerning the Church.

Answers to the King's Propositions to be restored to His Dignity, Revenues, &c. and for an Act of Oblivion.

"Resolved, by the Lords and Commons assembled in Parliament,

"That, from and immediately after the King shall have consented unto the Desires of the Two Houses upon the Treaty, and ratified the same by Act or Acts of Parliament, all His Houses, Honours, Manors, and Lands, with the growing Rents and Profits thereof, and all other legal Revenues of the Crown, shall be restored unto Him, liable to the Maintenance of ancient Forts, and all public and other legal Charges, which they were formerly charged withal, or liable unto; with an Exception of such Castles and Forts as are now garrisoned, and of such Places for Public Magazines and Stores as are now made Use of, for so long Time as both Houses shall think fit to make Use of them, for the necessary Defence of the Kingdom.

"Resolved, by the Lords and Commons assembled in Parliament,

"That the King shall have Compensation for those legal growing Revenues and Profits of the Crown, which He hath or shall consent to part withal, for the Satisfaction of both Houses, in this Treaty, in such Manner and Proportion as by the King and both Houses shall be agreed upon.

"Resolved, by the Lords and Commons assembled in Parliament,

"That the King shall be settled in a Condition of Honour, Freedom, and Safety, agreeable to the Laws of the Land.

"Resolved, by the Lords and Commons assembled in Parliament,

"That an Act of Oblivion and Indemnity may be passed, to extend to all Persons, for all Matters, with such Limitations and Provisions as shall be agreed between His Majesty and His Two Houses of Parliament: Provided, That it be declared by Act of Parliament, that nothing in these Four Propositions, or any of them, thus consented unto, is intended, or shall be made Use of, to abrogate, weaken, or any Ways impair, any Agreement in this Treaty, or any Law, Grant, or Concession, agreed upon by the King and the Two Houses of Parliament, in Pursuance thereof."