House of Lords Journal Volume 7: 19 November 1645

DIE Mercurii, 19 die Novembris.

PRAYERS, by Mr. Case.

Ds. Grey de Warke, Speaker.

Answer from the H. C.

Dr. Heath, &c. return with this Answer to the Message Yesterday to the House of Commons, concerning a Conference to hear Dr. Walker, &c.

That they (fn. 1) will return an Answer by Messengers of their own.

Clause to be added to the Vice Chancellor of Cambridge's Oath.

Upon reading the Petition of Thomas Hill, Master of Trinity Colledge, in the University of Cambridge; sheweth,

That whereas the Vice Chancellor of Cambridge is, upon his Admission, to take an Oath, that he will præstare Officium pro Cancellar'; and, as he humbly conceives, there are divers Things within the Compass of that Office not well consisting with the Covenant and Directory, as his absolving, at the End of a Term, the Regents and Non Regents from their Offences, in Nomine Patris, Filii, Spiritus Sancti, they kneeling upon their Knees:

Therefore he desires their Lordships so far to relieve his Conscience, as to enable him to take his Oath with this or some other such Clause annexed: "Hoc in me recipio, in quantum Statutis & Ordinationibus Regni editis aut edendis non repugnat."

It is Ordered and Ordained, That the Vice Chancellor of the University of Cambridge shall take his Oath with this Clause annexed; "Hoc in me recipio, in quantum Statutis & Ordinationibus Regni non repugnat."

And the Concurrence of the House of Commons is to be desired herein.

Perkins, E. of Essex's Solicitor, freed from an Arrest.

Upon Complaint to this House, by the Earl of Essex, That one William Perkins, whom his Lordship avowed to be his Lordship's Solicitor in his Businesses, is arrested, though he shewed his Protection:"

Heyman & al. sent for.

It is Ordered, in regard that it is a Breach of the Privilege of Parliament, That the Person of the said Perkins be presently released of his Restraint; and Heyman the Plaintiff, and Nelson the Yeoman, be forthwith brought before this House, to answer the same.

Grove, who was sent for, for Depredations on the late L. Newburgh's Estate, Ordered by the H. C. to be released, as a Servant to One of their Members.

"Whereas Thomas Grove was sent for as a Delinquent, by this House, to answer a Contempt to the Order of this House, in cuting down Woods upon the Lands of the late Lord Newburgh; and it is alledged, that the said Grove is Servant to John Gourdon, a Member of the House of Commons, and that he cut down the said Woods by Directions and Command of the said John Gourden; and an Order of the Commons is issued to the Clerk of the Crown, to issue out a Habeas Corpus, to bring the said Grove to the Bar of the House of Commons, and there to be released; and the Commissioners of the Great Seal to seal the Writ."

Committee of Privileges to consider of it.

Which this House conceiving that this Business concerns the Honour and Privileges of this House: Therefore it is Ordered, That the Consideration of this Business be referred to the Committee of Privileges; and meet on Thursday next, in the Afternoon; and they to make Report thereof to this House.

His Habeas Corpus stopped.

And Baron Trevor, Justice Reeves, and Justice Bacon, to attend: And the Lords of the Commissioners of the Great Seal are directed to forbear the sealing of the Habeas Corpus till To-morrow; and then further Directions shall be given.

A Petition was brought into this House, and read, as follows:

Sir H. Mildmay's Petition for Privilege, as L Fitzwalter.

To the Right Honourable the Lords assembled in Parliament.

The humble Petition of Sir Henry Mildmay Knight, Lord Fitzwater.

Shewing,

That, the Title and Dignity of the Lord Fitzwater being devolved upon your Petitioner by Hereditary Descent, your Petitioner did formerly prosecute his Claim thereunto before your Lordships, as by the Petition, Reference, and Order thereupon made, resting with the Clerk of this House, may appear.

That, by the Laws of this Realm, the Peers of the same have always been free from Arrest; to which Privilege the Petitioner entitleth himself, by the Descent unto him of the Dignity aforesaid: That one John Cage, being made acquainted therewith, hath nevertheless caused the Petitioner to be arrested, by the Name of Sir Henry Myldemay, by Action at the said Cage's Suit, in the Sheriff's Court of London, by whose Officers he is detained, and is since that Arrest charged with other Process, at the said Cage's Suit.

The Petitioner humbly prayeth, that, according to the Privilege of a Peer, he may, by Order of your Lordships, be discharged from the said Arrest.

"Henry Fitzwalter."

Ordered, That this Answer be returned to this Petition, "That this House knows no such Person as the Lord Fitzwalter."

The Earl of Manchester reported a Paper from the Committee of both Kingdoms; which (fn. 2) was read.

Die Martis, 18 Novemb. 1645.

At the Committee of both Kingdoms, at Derby House.

Letter from Sir T. Fairfax.

"Ordered, That the Letter from Sir Thomas Fairefax, of the 14th Instant, be reported to both Houses."

The Letter was read. (Here enter it.)

Message to the H. C. for Committees to consider of L. Digby's, &c. Letters.

A Message was sent to the House of Commons, by Dr. Heath, &c.

To let them know, that this House hath appointed Seven Lords, or any Three of them, to consider what is fit to be done upon the Letters of the Lord Digby, &c. and to meet To-morrow in the (fn. 3) Afternoon, in the Painted Chamber; and desire that they would appoint a Committee of a proportionable Number of their House, to join with them.

Letter from Sir T. Fairfax, concerning the State of his Army.

For the Right Honourable the Committee of both Kingdoms, at Darby House.

My Lords and Gentlemen,

I have, in a Letter to Mr. Speaker of the House of Commons from myself, and another Paper therein inclosed, represented what Distribution and Disposure of the Army and Forces now in these Parts we conceived to be most answerable to the Affairs both of the West and of the Midland Parts. I have here sent your Lordships the Copies of both; and desire the Houses and your Lordships timely Resolution thereupon. In the mean Time (as thereby your Lordships may perceive) I cannot find what Part of these Forces can at present be well spared hence to the Midland Parts, without some Prejudice to the Affairs here; and I hope the Midland Parts are not in such present Danger or Necessity, but what may be otherwise for the Time provided against: But, if your Lordships do find there a present Necessity of some Forces from hence, be pleased to signify what Proportion of Horse or Foot, or both, you find necessary to be sent, and whither; and your Commands therein shall be most readily obeyed by

Your Lordships humble Servant,

Nov. 14, 1645.

"T. Fairefax."