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A54636 Miscellanea parliamentaria containing presidents 1. of freedom from arrests, 2. of censures : 1. upon such as have wrote books to the dishonour of the Lords or Commons, or to alter the constitution of the government, 2. upon members for misdemeanours, 3. upon persons not members, for contempts and misdemeanours, 4. for misdemeanours in elections ... : with an appendix containing several instances wherein the kings of England have consulted and advised with their parliaments 1. in marriages, 2. peace and war, 3. leagues ... / by William Petyt of the Inner-Temple, Esq. Petyt, William, 1636-1707. 1680 (1680) Wing P1948; ESTC R15174 115,975 326

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must without doubt fall upon them But to return back V. Anno 3 Caroli primi Dr. Manwaring was impeached in Parliament by the Commons for preaching and printing several Sermons with a wicked and malicious intention to seduce and misguide the Conscience of the King touching the observation of the Laws and Customs of this Kingdom and the Rights and Liberties of the Subjects thereof and to incense his Royal Displeasure against his Subjects and to scandalize subvert and impeach ●he good Laws and Government of this Realm and the Authority of the High Court of Parliament to alien his Royal Heart from his People and to cause Jealousies Seditions and Divisions in the Kingdom Whereupon he had Judgment 1. To be imprisoned during pleasure of the House of Lords 2. Was fined a 1000 l. to the King 3. To make such submission and acknowledgment of his Offences in writing both there and at the Bar of the Commons House 4. Suspended for the term of 3 years from exercising the Ministry 5. Fo● ever disabled to preach at Court 6. That he should be for ever disabled to have any Ecclesiastical Dignity or Secular Office 7. That his said Books were worthy to be burnt and that for the better effecting of that his Majesty was to be moved to grant a Proclamation to call them in to be burnt in London and both the Vniversities and to prohibit their Reprinting This was the Judgment of the Lords The Doctor made his submission upon his knees first at the Bar of the House of Lords and after on his knees at the Bar of the House of Commons His Submission was this I do here in all sorrow of heart and true repentance acknowledge those many Errors and Indiscretions which I have committed in preaching and publishing those two Sermons of mine I call Religion and Allegiance and my great fault in falling upon this Theam again and handling the same rashly scandalously and unadvisedly in mine own Parish-Church in St. Giles in the Fields the 4th of May last past I do humbly acknowledge those three Sermons of mine to be full of many dangerous passages and inferences and scandalous aspersions in most parts of the same And I do humbly acknowledge the Justice of this Honourable House in that Sentence and Judgment pass'd upon me for my great offence and I do from the bottom of my heart crave pardon of God the King this Honourable House the Church and the Commonwealth in general and those worthy Persons reflected upon by me in particular for these great Errors and Offences Roger Manwaring After all which the Lords ordered the Bishop of London to suspend him according to the Clause expressed in the part of the Judgment against him The Doctor after got a Pardon and was made a Bishop which occasioned great Disturbances in the House of Commons in 4 Car. 1. The Charge and Articles against the Doctor drawn out of his own Books Article I. 1. That his Majesty is not bound to keep and observe the good Laws and Customs of the Realm concerning the Right and Liberty of the Subject to be exempted from all Loans Taxes and other Aids laid upon them without common Consent in Parliament 2. That his Majesties Will and command in imposing any charges upon his Subjects without such consent doth so far bind them in their consciences that they cannot refuse the same without peril of eternal damnation Article II. 1. That these Refusers had offended against the Law of God 2. Against the Supreme Authority 3. By so doing were become guilty of impiety disloyalty rebellion disobedience and liable to many other Taxes Article III. 1. That Authority of Parliament is not necessary for the raising of Aids and Subsidies 2. That the slow proceedings of such Assemblies are not fit to supply the urgent necessity of the State 3. That Parliaments are apt to produce sundry impediments to the just designs of Princes and to give them occasion of displeasure and discontent It was a saying of Themistius in his Consular Oration to Jovinian the Emperor that Some Bishops did not worship God but the Imperial purple This Dr. as I said before after this so solemn a Judgment did in the time of Prorogation between 3 4 Car. 1. get a Pardon and not only so but the Bishoprick of St. Davids which occasioned great debates and disturbances in the Parliament when they reassembled again the power and validity of his Pardon being brought in question and several times argued but the dissolution of the Parliament put an end to the dispute for that time But in the Parliament before the Long Parliament of 1640. the Lords highly resented it as may appear by following proceedings This day was read the Declaration of the House of Commons made tertio Caroli Regis against Dr. Manwaring since Lord Bishop of St. Davids and likewise the Sentence pronounced against him by the Lords Spiritual and Temporal in the High Court of Parliament which is committed to the consideration of the Lords of the Grand Committee for Priviledges and it was moved that what can be alledged on the Lord Bishop of St. Davids part either by Pardon License or otherwise that it may be produced and seen at the sitting of the Lords Committees for theirfull and clear understanding and better expedition in the business Having taken into consideration the business concerning Dr. Manwaring it was ordered that upon Munday next the Records be brought into the House that the House may determine the Cause touching Dr. Manwaring The business appointed this day concerning Dr. Manwaring is referred until to morrow morning viz. 28 Aprilis The Lord Keeper by command from his Majesty was to let their Lordships know that his Majesty had understood that there was some question concerning Doctor Manwaring now Bishop of Saint Davids and that his Majesty had given command that the said Dr. Manwaring shall not come and fit in Parliament nor send any Proxy to the Parliament thereupon it was ordered to be entred so And between that and the next Parl. as I am informed he died VI. Anno 3 Caroli primi Dr. Mountague was complained of in the House of Commons for writing and publishing several Tenents tending to Arminianism and Popery and that he had committed a contempt against the House Heli the Priest who teaching from without Corrupted Faith bound under Laws of might Not feeling God but blowing him about In every shape and likeness but the right We are to desire to conform our selves to former Parliaments this Cause began here 21. Jac. and then it was commended to the Archbishop But after it was so far from cure that another Book of Appeal came out and the Parliament 1 Caroli sent to the Archbishop to know what he had done who said he had given Mountague Admonition and yet he Printed that second Book without his consent and so it was then debated and the
deos ignoro caeteros In Praef. ad Covarru opera Nota. Dr. Sibthorp The Speaker's Order upon the Petition Lamb Doctor in the Civil Law Journ Dom. Com. 21 Jac. 10 Martii The Case of Mr. Steward a Scotchman elected to be a Member of Parliament but rejected because a Denizen Veneris 28 Maii. Journ Dom. Com. 21 22 Jac Regis Veneris 7 Aprilis The Case of the Lady Darcy against the Bishop of Lincoln Lord Keeper of the Great Seal of England The Lady and another were Grantees of an Heir by the Court of Wards Then presented a Clerk to the Bishop of Lincoln but refused who presented another The Lady sues for a Writ of Quare impedit The Cursitor denies it by Order of the Bishop being Lord Keeper Whereupon she complains to the Commons who refer it to a Committee Debates in the Committee Proposals by D. Grant whom the Bishop and Lord Keeper had presented The Lord Keeper's Answer and Excuse The Lady will stand and fall by Judgement of the House Considerations in the Committee Who delivered no Opinion leaving all to the House Debates in the House by several Members thereof Nota. The Debate goes off Journ Dom. Com. 21 22. Jac. Regis Veneris 7 Maii 1624. The Case of the Bishop of Norwich impeached by the Commons The first head of his Charge The second head * Vide Rot. Parl. 17 E. 3. n. 59 60 Vide Pult. Stat. 35 E. 1. fo 92. Fox vol. 1. f. 501 Rot Par. 21 E. 3 n. 1. 63. The Stat. of Provisors 25 E. 3. Rast. f. 98 Rot. Par. 38 E. 3 Rot. Par. 47 E. 3 n. 30. Rot. Parl. 3. R. 2. n. 37. Rast. Stat. 16. R. 2. cap. 5. Item The King at the prayers of the Commons shewing to him by Petition how that Priests become very scant after the Pestilence to the great grievance and oppression of the People hath spoken to the Archbishop of Canterbury and the other Bishops being in the arliament to set thereupon a Covenable remedy which Archbishops and Bishops at the motion of the King and of the great men said in the same Parliament that they have thereupon ordained in certain that is to say That the pain of Parish-Priests by any manner of colour receiving above 6 Marks and other yearly singing and not intending the Cure of Sauls taking above 5 Marks without the Bishop's dispensation and suspension of their Office if they within the Month make not restitution to the use of the Church in which they sing of that that they have above received And the pain of People of holy Church giving above 6 Marks or 5 Marks to Parish-Priests or other yearly singing as afore is said is to pay the double of that that they do excessively pay to be converted to the use of Alms at the Arbitrement of the Diocesan of the Place and all manner of Priests intending their proper Service as yearly singing shall serve the Parishes and be attending to the Cure of Souls as he by the Ordinaries of the Place or by them to whom he attaineth shall be required upon pain of suspension of their Office which they shall incur upon the deed if they within the 20 days after that they shall be required be not obedient to such requests And that no Priest passing from one Diocess to another shall be received there to sing Divine Service unless he shew to the Diocesan of the Place Letters commendatory of the Bishop in whose Diocess he last before dwelled Wherefore the King by the Assent of the Great Men and Commons hath ordained That if any secular man of the Realm pay any more than Five Marks to any Priest yearly in Money or in other things to the Value or if he pay to such Priest retained to abide at his Table above 2 Marks for his Gown and his other Necessaries his Table accounted to 40 s. and thereof be attained he shall pay to the King fully as much as he paid to the said Priest Rast. Stat. de Anno 36 E. 3. fol. 118. cap. 8. The 3d. head The 4th head Die Sabbathi viz. 8 die Maii 1624. Jour Dom. Proc. Message from the Lower House by Sir Coke and others Die Mercurii 19 Maii. The Lords appoint a day for Conference with the Commons The Archbishop of Canterbury reports the heads of the Conference Authorities for the Power and Right of the Commons to meddle in this Cause Their Charge against the Bishop under six Heads Preachers Images Prayer towards the East Catechizing and singing Psalms Nota. Extortion Institutions not entred The 1st head concerning Preachers The 2d head touching Images The 3d. head concerning Prayer towards the East The 4th head touching Catechizing and singing Psalms The 5th head touching Extortion The 6th head touching non-Registring of Institutions The Conclusion of the Commons The Bishop stood up and Answered the Charge of the Commons His Introduction His Lordships answer to the first head Preachers His answer to the second head Images His answer to third head Prayer towards the East His Answer to the 4th head Catechizing and singing Psalms His Answer to the 5th head Extortion His Answer to the 6th head non-Registring Institutions The Conclusion of his Answer The Lords for want of time refer the Commons Complaint to the High-Commission Court to examine And after report to the House Which will then judge thereof Journ Dom. Proc. 1 2 Car. 1. 10 Mart. The Proceedings of the Lords against the Bishop of Lincoln late Lord Keeper for refusing to obey their Order Sir Ch. Caesar and Sir Robert Rich report the Examination of Kellwood The Lords order that the Bishop shall answer under his Hand The Bishop sends his Answer The Bishop's Answer referred to a Committee 17 Martii The Committee report And give their opinion that the Bishop ought to acknowledge his error and offence to be forry and ask pardon And so ordered by the House Die Jovis 23 Martii The Bishop pursuant to all which obeys Nota. His Contempt in a former Parliament censured in this Journ Dom. Proc. 3 Car. 1. Die Martis 27 Maii. The Case of Ensign Reynde for Misdemeanour and Contempt against the Parliament and the Ld. Say Die Veneris 30 Maii The Serjeant at Arms ordered to take him Die Martis 30 Junii Witnesses sworn against Reynde Who prove the insolent and opprobrious Speeches spoken by Reynde Reynde hides his Head The Duke of Buckingham promises he will cause him to be sent for Die Mercurii 4 Junii The Captain affirmed he had not seen Reynde Is commanded to bring him to the House when he finds him Or inform the House Die Lunae 9 Junii The Lords proceed to censure Reynde But the Duke inform'd the House he was found Journ Dom. Proc. die Mercurii 11 Junii The Duke excuseth himself because Reynde shifts his Lodging Die Jovis 12 Junii 1628. The Lords give Sentence against Reynde The Sentence Never to bear Arms. Imprisonment during pleasure To stand under the Pillory in