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. *) will return an Answer by Messengers of
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;
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
Sir H. Mildmay's Petition for Privilege, as L Fitzwalter.
To the Right Honourable the Lords assembled in
The humble Petition of Sir Henry Mildmay
Knight, Lord Fitzwater.
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
The Petitioner humbly prayeth, that, according
to the Privilege of a Peer, he may, by Order
of your Lordships, be discharged from the
Ordered, That this Answer be returned to this Petition, "That this House knows no such Person as the
The Earl of Manchester reported a Paper from the
Committee of both Kingdoms; which (fn. *) was read.
Die Martis, 18 Novemb. 1645.
At the Committee of both Kingdoms, at Derby
Letter from Sir T. Fairfax.
"Ordered, That the Letter from Sir Thomas
Fairefax, of the 14th Instant, be reported to both
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. †) 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.