DIE Lunæ, 1 die Novembris.
PRAYERS.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
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Comes Pembrooke.
Comes Salisbury.
Comes Mulgrave.
L. Viscount Say & Seale. |
Ds. Howard.
Ds. Grey.
Ds. La Warr.
Ds. Wharton. |
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.
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1. To the First Vote, this House Agreed to upon the Question.
2. To the Second Vote, this House Agreed to.
3. To the Third Vote, this House Agreed to upon the Question.
4. To the Fourth Vote, this House Agreed to upon the Question. |
(Here enter them.) |
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 10a cras.