House of Lords Journal Volume 9: 1 November 1647

DIE Lunæ, 1 die Novembris.

PRAYERS.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Message from the H. C. for a Conference about the Propositions;— and to add Col. Hammond to the Committee of the I. of Wight.

A Message was brought from the House of Commons, by Sir Rob't Pye:

1. To desire a Free Conference, so soon as it may stand with their Lordships Conveniency, touching the Matter of the Propositions.

Ordered, To give a present Conference, in the Painted Chamber.

2. To desire Concurrence in an Order, That Colonel Rob't Hamond be added to the Committee of the Isle of Wight, in the Ordinance of Parliament of the 22 June last.

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Order for Colonel Hamond; and do appoint a present Conference, in the Painted Chamber, concerning the Propositions.

Complaint against Cawdrey and Hutton, Officers of Camb. University.

This Paper was presented to the House, and read; (videlicet,)

"After an Order was published from the Honourable House of Lords, confirming an Order of Committee of the Association in Cambridge, prohibiting all Noncovenanters to be Deputy Seniors in St. John's Colledge; Mr. Cawdrey did deny an Election there to be legal, upon this very Ground, because Non-covenanters were not suffered to elect.

"Jo. Panson.

"I John Panson, Fellow of St. John's Colledge, Camb. do make Oath, That what is above written is in Substance true.

"Jur. 30 Die Octobris,

"John Page."

Cawdrey and Hutton sent for.

Hereupon the House Ordered, That the said Mr. Cawdrey shall be brought before this House, as a Delinquent, to answer this and the former Charge: And it is further Ordered, That Mr. Hutton shall be summoned to appear before this House, to answer the Articles preferred on Saturday last against him and Mr. Cawdrey.

Turner and Holland, in Error.

The Counsel for Holland Defendant, in a Writ of Error wherein Turner was Plaintiff, was argued; but neither the Plaintiff nor any Counsel for him were present, though it appeared by Affidavit, "That the Plaintiff was served with the Order for the arguing of the said Errors this Day."

This House affirmed the Judgement given in the King's Bench in this Case; and that the Record be remitted into the Court of King's Bench, that Execution be taken out.

Stone and Sir R. Grosvenor, in Error.

The Counsel of Stone, Plaintiff in a Writ of Error, and also the Counsel of Sir Ric. Grovsener, were heard, to argue the Errors.

And it is Ordered, To be referred to Justice Pheasant, Baron Atkins, and Justice Godbolt, to peruse the Record, and consider of the Objections made at the Bar; and the Counsel on both Sides are to attend the Judges, with Precedents.

The Lords went to the Conference with the House of Commons; and the House was adjourned during Pleasure.

The Lords returning, the House was resumed.

Report of the Conference about the Propositions.

And the Speaker reported the Effect of this Conference:

"That they do not agree to these Words ["unless it be by the Consent of the present Incumbent"] in the Alterations in the Proposition concerning Religion; to the other Part of the Alterations, they do agree with this House: As to the Alterations in the Proposition concerning the Arrears of the Army, they do not agree with their Lordships, but adhere to that which they sent up: As to the Proposition concerning Delinquents, they do adhere to that Paper which they sent up, and do not agree with their Lordships in what they sent down."

Then the Paper containing the Proposition concerning Delinquents, as it came from the House of Commons, was read.

The Question being put, "Whether to adhere to the Addition sent down to the House of Commons, in the Proposition concerning Religion?"

It was Resolved in the Affirmative.

Ordered, That this House agrees to the Proposition concerning the Arrears of the Army, as it came from the House of Commons. (Here enter it.)

Propositions to the King, for Peace.

The Lords went to give an Answer to the House of Commons, of their Resolutions concerning the Propositions; and the House was adjourned during Pleasure.

The Lords returning, the House was resumed.

Concerning Delinquents.

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

That the Persons expressed and contained in the Three First Qualifications of the Sixteenth Proposition, formerly sent to His Majesty, be proceeded with as both Houses of Parliament shall think fit or appoint; and shall not be capable of Pardon by His Majesty, without the Consent of both Houses of Parliament.

"Resolved, &c.

That it be declared, That the Houses will not proceed as to the taking away of Life of any in the First Qualification, to above the Number of Seven Persons.

"Resolved, &c.

That the Houses do adhere to the Rates and Proportions of Fines set upon Delinquents, expressed or contained within the Fourth Qualification concerning Delinquents, and the several Branches relating unto it.

"Resolved, &c.

"That the Houses do agree to the rest of the Qualifications and Branches of the Propositions concerning Delinquents, as they formerly stood in the Propositions, when they were last sent to the King.

and Arrears of the Army.

"Resolved, &c.

"That the Matter of the Proposition following shall be now sent to the King, for His Consent; (videlicet,)

"That the Arrears of Pay due to the Army, and others the Soldiery of this Kingdom, who have faithfully served the Parliament in this War, shall be secured and paid unto them, out of the remaining Part of the Lands and Revenues of Archbishops and Bishops, belonging to their Archbishoprics or Bishoprics, after such Engagements satisfied as are already charged thereupon by Ordinance of both Houses of Parliament, and out of Two Thirds in Three, to be divided, of all the Forfeitures of Lands, and all the Fines of the Persons mentioned or comprehended in the Three First Qualifications of the Sixteenth Proposition lately sent to the King; and also out of all Forest Lands, within the Kingdom of England and Dominion of Wales; Provision being made, upon the Disafforestation thereof, for the Relief of the Inhabitants within the same, and all other the Subjects of this Realm, who have Right of Common, or any other Right, in the said Forests; and that the King do give His Consent to such Act or Acts as shall be presented to Him by both Houses of Parliament, for the Sale or Disposing of the said Lands and Fines, for the Purpose aforesaid."

Col. Hammond added to the Committee for the I. of Wight.

"Ordered, by the Lords and Commons in Parliament assembled, That Colonel Rob't Hamond be added to the Committee of the Isle of Wight, in the Ordinance of Parliament of the 22th of June last."

Answer.

House adjourned till 10^a cras.