House of Lords Journal Volume 8: 27 February 1646

DIE Veneris, 27 Februarii.

PRAYERS, by Dr. Gouge.

Comes Manchester, Speaker.

E. of Manchester continued Speaker.

Ordered, That the Earl of Manchester shall be Speaker of this House for Two Months longer.

Sir W. Russell & al. and Lenthall & al.

Upon reading the Petition of Sir Wm. Russell Knight and Baronet, and Wm. Geere, &c.

It is Ordered, That the Petitioners do deposit the Seven Hundred and Fifty Pounds in the Hands of the Clerk of the Parliament, to remain there until the Judges shall deliver their Opinions, whether a Prohibition ought to be granted or not; and the Execution against their Goods to be staid, and all further Proceedings before the said Delegates in the mean Time may also cease.

Mr. Clerk to have Reparation for his Losses, from the E. of North'ton.

Upon reading the Petition of Charles Clarke Esquire; complaining, "That he hath suffered much for his adhering to the Parliament, and hath had his Woods cut down, by Warrant of the Earl of Northampton; therefore desires Reparations, for that Part of his Loss only which he hath sustained in his Woods, out of the Earl of North'ton's Estate."

It is Ordered, To be recommended to the House of Commons, that when the Earl of North'ton shall have made his Composition, that the said Mr. Clarke may have Satisfaction for the Loss of his Wood, out of the said Composition.

Report of the Conference about the Propositions.

The Speaker reported the Matter of the Conference with the House of Commons Yesterday, concerning the Clause added in the 5th Proposition; and they adhere as it was brought by them, without that Clause, for these Reasons:

"1. Because this Clause ["in Pursuance of"] will be subject to uncertain Constructions and Variety of Interpretations, from all those that shall be interessed in these Propositions; (videlicet), the King, the both Houses of Parliament, and the Kingdom of Scotland; and may prejudice the Freedom which is fit to be in the Parliament: For the perfecting of what is already begun in this Matter of Religion and Church Government, this House doth intend to prosecute and pursue that which already is agreed upon by both Houses of Parliament, notwithstanding they cannot conceive it safe to insert in the Propositions, in respect of the King or others that are or may be interested in these Propositions.

"2. That what hath been already passed by Ordinance or Votes of both Houses of Parliament, wherein the chief and essential Parts in Matters of Religion and Church Government are agreed, doth sufficiently shew what Kind of Reformation in Religion (fn. 1) they do desire; and to determine and ascertain any Thing which is futurely to be done by both Houses, otherwise than what shall be agreed by both Houses of Parliament, will put it upon the Inconveniencies before alledged.

"3. The Third Reason, we conceive, is already answered; that the House of Commons hath been, and is, so desirous to make all Things concerning Religion and Church Government to be certain, that, having formerly sent divers Votes concerning the same unto your Lordships, whereupon they have received no Answer, and resolving to finish and perfect the whole with all possible Speed, they conceive this Addition fit to be left out, in regard, with your Lordships speedy Concurrence, they are hopeful to have the Particulars themselves yet remaining, ready to be presented unto the King: And to this Proposition, as it was sent up by them to your Lordships, they desire your Lordships speedy Concurrence; the House of Commons being of Opinion, that the Delay of the Propositions for a safe and well-grounded Peace will be very prejudicial to the Kingdoms."

The House was adjourned into a Committee during Pleasure, to take this Business into Consideration.

And after Debate, the House was resumed.

And it is put to the Question, "Whether to adhere to the Addition of this Clause, (videlicet,) ["In Pursuance of that which is already agreed upon by both Houses of Parliament"]? And it was Resolved in the Negative.

Ordered, To let the House of Commons know, That this House agrees with them in the leaving out of this Clause; and desire that the Propositions, as they are now agreed upon, may be communicated to the Scotts Commissioners.

Order from the H. C. about L. Savill declaring himself to a Committee.

Next, the House took into Consideration the Order brought up from the House of Commons, concerning the Lord Savill's declaring himself to a Committee, touching the Business of his Contempt.

The House was adjourned into a Committee of the whole House, to debate it.

The House being resumed;

This Question was put, "Whether the Order of this House concerning the Lord Savill shall be first put to the Question?"

And the Votes were even.

"Another Question was put, "Whether to adhere to the former Order of this House concerning the Lord Savill, as it was sent down to the House of Commons?"

And it was Resolved in the Affirmative.

Chamberlain and Nicholls.

Ordered, That the Cause between Mr. Chamberlaine and Mr. Nicolls shall be heard on Saturday come Sevennight.