this Parliament Assembled hath ordained ut sequitur in the Act. And these Acts made by the King the Lords Temporal and Commons only were upon the Clamorous complaints of the Commons about the giving of the Benefices of England to strangers and others who never were Resident upon the Benefices This Report being made the House took the same into Consideration and for the better debate of the Propositions the House was adjourned into a Committee during pleasure And the Question was Whether those Thirteen Bishops that stood Impeached of those Crimes by the House of Commons shall be suspended from their Votes in this House until they stand Recti in Curia After a long debate herein the House was resumed and it is Ordered That the further Consideration of the Propositions which came from the House of Commons and the Bill entituled an Act for disabling Persons in Holy Orders to Exercise any Temporal Jurisdiction shall be both deferred until the Tenth day of November next A Message was brought from the House of Commons by Arthur Goodwin Esquire to let their Lordships know That whereas at a Conference Yesterday touching the Bishops which were Impeached for making of Canons the House of Commons did tell their Lordships That they had a Witness a Member of their House Mr. Wheeler to prove that the said Bishops did Subscribe to those Canons he having seen the Register Book with their Names written with their own Hands all which he is now ready upon Oath to prove if their Lordships shall rest herein satisfied the Register Book being in a House which is visited with the Plague The Reader will see by these Arguments of Mr. Solicitor St. John the utmost Strength of the Reason which they had to exclude the Bishops from their Votes and Peerage Now in regard the same thing has been again moved and the Arguments revived by the Successors of the same Faction who still retain the old Principles and Kindness to the Lords the Bishops looking upon them as a kind of Supernumeraries in the House of Lords who may well be spared and not as in reality they are a third Estate to stop the Progress so far as I am able of such an Error dangerous to the very being and Fundamental Constitution of our Parliaments I here present the Reader with a short Abstract out of the Learned Piece writ upon this Subject Entituled The Grand Question concerning the Bishops Right to Vote in Parliament in Cases Capital Stated and Argued c. I confess I have not followed the Author's Method nor was it possible to do it without great Inconvenience his Book being an Answer to some Papers writ against the Peerage and Jurisdiction of Bishops c. But I hope I have not done him or the Subject any Injustice by making use of the Matter and accommodating it more to my purpose which is among such Infinite Plenty and Variety of Matter to study all the conciseness and brevity I can I have therefore reduced the Subject to these four Heads First That the Bishops are Pares Regni Peers of the Realm and Peers in Parliament Secondly That they have a Right to Sit and Vote in Parliament in all Causes whatsoever even in Causa Sanguinis in Capital Cases Thirdly That the Lords Spiritual the Bishops are a third Estate in Parliament Fourthly To answer such Objections as have been made against their Peerage and Jurisdiction Which Abstract follows First Position That the Bishops are Pares Regni Peers of the Realm An Abstract of the Grand Question about the Peerage and Jurisdiction of the Bishops in Parliament Marculph Form lib. 1. c. 25. and Peers in Parliament The Author Learnedly proves That as soon as ever Christianity was settled in these Northern Nations Bishops were admitted into all publick Councils and Courts of Judicature So he instances in France from the Testimony of Marculphus That the King Sate in Judgment unà cum Dominis Patribus nostris Episcopis together with the Lords and Fathers the Bishops and that the greater Causes were heard by the King himself or the Comes Palatii Episcopis proceribus Assidentibus the Bishops and Nobility being Assessors with him In Spain during the Gothick Race of Kings the greatest Affairs of State were managed by the greatest of the Clergy and Nobility Concil Tolet. 4. c. 75.5 c. 7.6 c. 17. passim albi as appears by the several Councils of Toledo and particularly in the 13 Council Cap. 2. A case of Impeachment of Treason was brought before them And yet from one of these Councils of Toledo it is that all the Dust hath been raised and the Canon Law objected urged against Bishops That they ought not to be present or concerned in Cases of Blood In Germany Goldastus Rer. Alem. An. To. 2. the first Laws that were published by Lotharius were composed 33 Bishops 34 Dukes 72 Counts besides the People being present and assisting Arumaeus de Comitiis n. 35. c. 4. n. 98. and Arumaeus a Protestant Lawyer informs us that the Bishops of Germany Sate in the Diet in a double Capacity as Bishops and Princes of the Empire which Constitution he applauds as prudent for the Administration of Justice Honourable and safe for Religion In Bohemia Goldast Bohem. lib. 5. cap. 1. the same Goldastus a Protestant too acquaints us that there were three Estates prelates Nobles and Commons till the time of Sigismund In Hungary Decret Ladisl p. 12. so soon as ever the Christian Religion prevailed and was settled the Laws were framed by the King with the Advice and Consent of Bishops Nobles Staravols Polon p. 263. Herbart Stat. Regni Pol. p. 262. and the whole Clergy and People In Poland the Constitution of the Government is composed of the Bishops Barons and Delegates who are called Nuncii terrestres who are Summoned to the Dyet by the King and that with the entrance of Christianity as the publick Religion the Bishops entred into the Senate and had the first Seat in that Court Adam Brem de Situ Dan. n. 85. Loccen Antiq. Sueco-goth c. 8. Jus aulicum Norvey c. 3. c. 36. In Norway Denmark and Sweden the same Constitution entred with the prevalency of Christian Religion viz. Bishops Nobles Knights and Deputies In England after the Conversion of the Saxons during the whole time of that Monarchy there is not in all our Records one Council wherein the Bishops had not a part From whence the Author strongly Argues that it would be a very unaccountable thing that we of all the Nations of the Christian World who profess to have the best Government and the best Reformed Religion should Exclude those from any share in that Government who were by all others admitted into it as soon as they admitted the Christian Religion to be the publick Profession of their Country That the Bishops since the coming in of the Norman Race were always Esteemed Peers of the Realm and Peers of Parliaments
speed as the weightiness of the business will permit And so He gave us all his Hand to kiss and afterwards sent Mr. Comptroller to us with this Message to be delivered to the House That there might be no publishing of the Declaration till the House had received his Majesties Answer We were all Entertained by Mr. Comptroller with great Respect and Lodged by the King's Harbinger This Day Mr. Mr. Jarvaise Hollis restored to his place in the House of Commons Jervaise Hollis who had formerly been Expulsed the House for a Speech which he made with a great strength of Reason and Courage but more heat than the Times would bear against the tame Compliances with the Scottish Army then in England was restored to his place to sit as a Member of the House of Commons The Debate about the Tumults was as it had been the day before adjourned till to morrow The Earl of Bath Reported the Conference had this Day with the Commons That they did let their Lordships know Friday Decemb. 3. Ammunition sent from the Tower for Ireland That whereas there were divers Waggons and Carts loaden with Arms and Ammunition from the Tower of London to be conveyed to West-Chester and to be Shipped for Ireland which were but slenderly Guarded therefore they desire that their Lordships would be pleased to joyn with them to move his Majesty to give Order to the Sheriffs of the several Counties through which they are to pass That they may be guarded safely to West-Chester To which the Lords agreed Also That Information was given That a Ship was lately discovered in Milford Haven loaden with Arms and Ammunition and that it is reported the Men in her be French-men but they speak English and that another Ship as they are informed is in the Haven of Aberdoney in Cardiganshire and the Men buy up the Provisions of that Country That two Men which were in that Ship they understand are now in Town Whereupon the Lords Ordered that they should be sent for to be Examined concerning this business It will possibly to some persons appear very superfluous to take notice of such trifling passages as these Informations and the Necessity of Guarding the Waggons to West-Chester but it is to be considered That as trifling as these things now may seem to be the Faction industriously pickt up all such Informations and made Extraordinary Use of these little Arts to facilitate their Great Design for now the Kingdom was to be put into a Posture of Defence as they termed it that was they intended to wrest from the King the Power of the Sword the Militia of the Nation and nothing could be more serviceable to them in amusing the People with imaginary Dangers of French Ships laden with Arms and Ammunition and French-men that speak English and consequently Fears of Forreign Invasions c. than these stories which being spread abroad and sufficiently magnified by running from hand to hand gave a Countenance to their unjust Demands of settling the Militia and puting the Kingdom into this Posture of Defence The King having acquainted the Lords That Certain Commissioners were come from Scotland to Treat with both Houses of Parliament concerning the Assistance for Ireland Commissioners of both Houses appointed to treat with the Scots Commissioners concerning Assistance for Ireland and to settle all the Condition and State of the Warr the Lords Appointed and Nominated the Earl of Bedford and the Earl of Leicester Lord Lieutenant of Ireland and the Lord Howard of Escrick and the Commons Nathanael Fynes Esquire Sir William Armyn Baronet Sir Phillip Stapleton Knight and John Hampden Esquire to be Commissioners to be Empowered by the King's Commission to Treat with the said Scottish Commissioners who were to acquaint his Majesty and the Parliament with their Proceedings before they came to any final Conclusion The Councel of the Impeached Bishops were called in to be heard in that affair who informed their Lordships The Bishops Plea and Demurrer to be argued Tuesday Dec. 7. That the Cause will not be fit for hearing until the Bishops have put in their Answers for until then there can be no Issue joyned and they conceive no Answer can be made until the Charge be particular therefore the Bishops abide by their Plea and Demurrer Whereupon the House Ordered That the Councel for the Bishops shall be heard at the Barr what they can say in maintenance of the Plea and Demurrer to the Impeachment brought up from the House of Commons against the Bishops on Tuesday the 7th of this instant December at which time and place the House of Commons or such of their Members as they shall appoint may be present if they please And a Message was sent by Sir Robert Rich and Dr. Bennet to acquaint them with this Order Phillips the Priest was this Day according to a former Order Bailed Phillips the Priest bailed upon conditions not to go to Court c. as before Two Bills were brought up from the Commons by Sir William Lewis the One Entituled An Act for the better raising and levying of Soldiers for the present Defence of the Kingdoms of England and Ireland The other For Relief of Captives taken by Turkish Pyrates and to prevent the same for the time to come Little of moment passed in the Commons House besides the reading and passing the above named Bills and Messages before recited about the Bishops c. only St. Germain the French man released the Debate of the Tumults was again put off till to morrow and Monsieur St. Germain a French-man whose close Imprisonment with strict Orders That no person should speak with him but in the presence of a Keeper c. which had made a mighty noise about the Town and so answered the design why he was taken up was this day by Order of the Commons discharged from his Imprisonment This day Sir George Whitmore Mr. Cordall Mr. Soame Mr. Gayer Several Aldermen with the Sheriffs and Recorder of London attend the King at Hampton-Court Mr. Garret Mr. Wollaston and the two Sheriffs of London being all Aldermen of the same City together with the Recorder by virtue of an Act of Common Council attended his Majesty at Hampton-Court to render him the Thanks of the City for his gracious favour done them by affording them his Royal Presence and giving so great Testimonies of his Affection and Kindness to the City They were conducted to His Majesty by the Earl of Dorset Lord Chamberlain to the Queen and Sir Peter Wiche Comptroller to his Majesty where after they had returned the Humble Thanks of the City to his Majesty for his former Favours they offered these two humble Petitions First That their Majesties would vouchsafe this Honor to the City if it might stand with their good Pleasures to make their Residence at this Season of the Year at the Palace of Whitehall The Second was That whereas since his Majesties happy Return
Election of a Burgess there 870. Earl of Arundel constituted Lord High Steward of England for Trial of the Earl of Strafford 29. Captain Ashburnham Committed on suspicion of Treason 288. Bailed 377. Gets a Vote for his Pay 477. Voted guilty of Misprision of Treason and expell'd the House of Commons 725. Mr. Ashton Vicar of Panswick Voted a scandalous Minister 238. Assembly of Irish at Swoords Order to Dissolve it 908. Attainder of the Earl of Strafford 103. The Bill read thrice in one day and passed the Commons 157. Mr. St. John 's Argument for it 162. Passes the Lords 192. And the King by Commission 195. Repealed since the King's Restauration 203. Attorney General Ordered to justifie his Charge against Lord Kimbolton and the five Members 843. Which he does 850. House of Commons desire to Examine him 850. Vote of Both Houses against him for Breach of Priviledge 870. Examination of him 873. Votes of the House of Commons against him 874. Ax expresly forbidden to be born before the Earl of Strafford at his coming to Tryal 29. B. BAgshaw of Windsor his Information to the House of Commons 859. A Conference about it 862. Sir William Balfour Lieutenant of the Tower brings the Earl of Strafford to the Bar 37. A false Loon 190. His removal angers the Factious 773. Ballad against the Bishops and Common-Prayer 807. Barnwell a Witness against the Earl of Strafford 36 83. Sir Thomas Barrington a Witness in the Case of the Earl of Strafford 83. Bishop of Bath and Wells inform'd against Dr. Beal referred to the Committee for Scandalous Ministers 773. Beal a Taylor finds out a Plot 647. An Ordinance about it 649. Conference upon it ibid. Sir Henry Bedingfeild Accused 661. Sent for 662. Examined 690. Acquitted 691. Mr. Benson a Member of the House of Commons Charged with selling Protections 595. Expelled the House and declared a Delinquent for so doing 596. Sir John Berkley sent for as a Delinquent 288. Sent to the Tower 490. Order'd to be Examined 492. Voted guilty of Misprision of Treason 725. Order'd to be Bail'd 755 780. Sir Robert Berkley Impeach'd by the House of Commons 332. Articles against him 337. Brought to the Bar of the House of Lords 497. His Petition to the House of Lords 498. Assigned Council 499. His Tryal put off 511. Earl of Berkshire a Witness against the Earl of Strafford 89. Edmund Bern a Witness against the Earl of Strafford 70. Berwick An Order for the Mayor to take care of it 753. Bill of Attainder See Attainder Bill for perpetuating the Parliament passes the Lords 192. And the King by Commission 195. Repeal'd since the Kings Restauration 203. For relief of the Army 238. For abbreviating of Michaelmas Term ibid. For restraining Ecclesiastical Persons from medling in secular Affairs 242. Thrown out of the House of Lords 271. Bill for Abolishing Episcopacy proposed 248. Debated in the House of Lords 255. Private Bills past by Commission 256. Bill for Root and Branch read twice 257. For Tonnage and Poundage ibid. 381. For disbanding the Armies ibid. For taking away the High Commission Court and Pluralities ibid. For taking away the Star-Chamber and regulating the Council-Board 258 271. For Regulating Clerks of the Market 259. For disarming Recusants 260. Against the new Canons ibid. Against Pluralities and Non-Residencies 293. Against Ship-Money 294. A Copy of the Root and Branch Bill 300. Bill against Scandaleus Ministers 309. For taking away the Court of Requests ibid. To prevent Suits for Knighthood ibid. Three Bills brought up to the House of Lords their Titles 393. Bill for the Marches of Wales 394. For Billet-money ibid. For the Northern Counties 409. Seven Bills brought up to the House of Lords their Titles ibid. Bill for securing Religion rejected 411. For imposing the Protestation rejected 414. Eleven Bills passed the King their Titles 431. Six more pass'd by the King and their Titles 438. Bill for a Lord General and Lord High Admiral rejected 719. For Relief of Captives at Argiers 731. Three Bills past the House of Commons their Titles 777. Billet-money undertaken for the Scots by the House of Commons 444. A Bill for Billet-money 394. Captain Billingsley Accused for a Conspiracy to seduce the Army 232. A Proclamation to stop him 233. Bishops their advise against passing the Bill against the Earl of Strafford 192. A Salvo for them 231. Thirteen of them impeached about the New Canons and Oath 418 443. An Order concerning their Answer 449 484. Order that they have Council 495. A Debate in the House of Commons what they are guilty of 497. Debate whether other Bishops shall Vote in their Case 500. Abstract of the grand question upon it 503. Their Council refuse to undertake their Cause 613. A time appointed for their Answer 614. Which they put in by Plea and Demurrer 641. That Voted dilatory and insufficient 645. Conference about them 691 717. Ordered to be heard 711. A second Charge against them by the House of Commons 717. Order to Answer it 718. They adhere to their Demurrer 731. Twelve Bishops their Petition and Protestation 794. Votes of the House of Commons against them 796. Impeached ibid. Taken into Custody ibid. Brought to the Lords Bar 797. Their several Answers ibid. Two of them Committed to the Black Rod the rest to the Tower 799. Desire Council which is granted 812. Order to put in their Answer 836. They Answer 882. They Petition to be speedily Tryed or Bailed 883. Remanded to Prison ibid. Mr. Blaney summon'd for Preaching against the Protestation 288. Sir Richard Bolton Lord Chancellor of Ireland impeached 566. Articles against him 570. Books seized by Order of the High Commission how disposed of 690. Mr. Booth Minister of St. Botolph Aldersgate Petition'd against by the Factious 492. Sir John Borlase made one of the Lords Justices of Ireland 564. Dr. Borlase his History of the Irish Rebellion censured 531. Lieutenant Bowles Voted a Delinquent for raising voluntiers for Ireland 874. Lord Chief Justice Bramstone impeached by the House of Commons 363. Mr. Orlando Bridgman receives a Letter about a Plot 836. Earl of Bristol a Witness in the Case of the Earl of Strafford 83. His Report about disbanding the Irish Army 233. Vote of the House of Commons that he be removed from the King and his Council 793. Lord Bruce introduced into the House of Lords 421. Buckinghamshire Petition to the House of Lords about Malignants c. 834. To the House of Commons about the same 839. To the King concerning Hampden 840. Mr. Burgess Ordered to Preach before the House of Commons 467 513. Sir John Burroughs a Witness in the Case of the Earl of Strafford 93. Busby 's Case an Order in it by the House of Lords 716. Sir John Biron a Message of the House of Commons for removing him from being Lieutenant of the Tower 835. Ordered to appear before them 844. Refuses 845. Votes of the House of Commons about him 846. Brought to the Bar
France was in subjection to the Crown of England there were at the beginning of the Parliaments Receivers and Tryers of Petitions for those parts appointed I believe your Lordships will have no Case shewed of any Plea to the Jurisdiction of the Parliaments of England in any things done in any parts wheresoever in subjection to the Crown of England The last thing I shall offer to your Lordships is the Case of 19 Eliz. in my Lord Dyer 306. and Judge Crompton's Book of the Jurisdiction of Courts fol. 23. The opinion of both these Books is That an Irish Peer is not Tryable here it 's true a Scotch or French Nobleman is Tryable here as a common person the Law takes no notice of their Nobility because those Countreys are not governed by the Laws of England but Ireland being governed by the same Laws the Peers there are Tryable according to the Law of England only per pares By the same reason the Earl of Strafford not being a Peer of Ireland is not tryable by the Peers of Ireland so that if he be not tryable here he is tryable no where My Lords In case there be a Treason and a Traytor within the Statute and that he be not tryable here for it in the ordinary way of Judicature if that jurisdiction fail this by way of Bill doth not Attainders of Treason in Parliament are as legal as usual by Act of Parliament as by Judgment I have now done with the Statutes 25 Edw. 3. and 18 Hen. 6 My Lord of Strafford hath offended against both the Kingdoms and is guilty of High-Treason by the Laws of both My Lords In the fifth place I am come to the Treasons at the Common-Law the endeavouring to subvert the Fundamental Laws and Government of the Kingdom and to introduce an Arbitrary and Tyrannical Government In this I shall not at all labour to prove That the endeavouring by Words Counsels and Actions to subvert the Laws is Treason at the Common-Law if there be any Common-Law Treasons at all left nothing is Treason if this be not to make a Kingdom no Kingdom take the Polity and Government away England is but a piece of Earth wherein so many men have their Commorancy and abode without ranks or distinction of men without property in any thing further than possession no Law to punish the Murthering or robbing one another That of 33 Hen. 8. of introducing the Imperial Law sticks not with your Lordships it was in case of an Appeal to Rome these Appeals in Cases of Marriages and other causes counted Ecclesiastical had been frequent had in most Kings Reigns been tolerated some in times of Popery put a conscience upon them the Statutes had limited the penalty to a Praemunire only neither was that a total subversion only an Appeal from the Ecclesiastical Court here in a single Cause to the Court of Rome and if Treason or not that Case proves not a Treason may be punished as a Felony a Felony as a Trespass if his Majesty so please The greater includes the less in the Case of Praemunire in the Irish Reports that which is there declared to be Treason was proceeded upon only as a Praemunire The things most considerable in this is Whether the Treasons at Common-Law are taken away by the Statute of 25 Edw. 3. which is to speak against both the direct words and scope of that Statute In it there 's this clause That because many other like Cases of Treason might fall out which are not there declared therefore it is enacted That if any such Case come before the Judges they shall not proceed to Judgment till the Case be declared in Parliament whether it ought to be adjudged Treason or not These words and the whole scope of that Statute shews that it was not the meaning to take away any Treasons that were so before but only to regulate the Jurisdiction and manner of Tryal Those that were single and certain Acts as conspiring the Kings Death Levying War Counterfeiting the Money or Great-Seal Killing a Judge these are left to the ordinary Courts of Justice The others not depending upon single Acts but upon constructions and necessary Inferences they thought it not fit to give the inferior Courts so great a latitude here as too dangerous to the Subject those they restrained to the Parliament This Statute was the great security of the Subjects made with such wisdom as all the succeeding Ages have approved it it hath often passed through the Furnace but like Gold hath left little or nothing The Statute of the First H. 4. Cap. 10. is in these words Whereas in the Parliament held the 21 year of Richard the 2. divers pains of Treason were ordained insomuch that no man did know how to behave himself to do say or speak It is accorded that in no time to come any Treason be adjudged otherwise than it was ordained by the Statute of 25th of Edw. 3. It hath been said To what end is this Statute made if it takes not away the Common-Law Treasons remaining after the Statute of the 25th of Edw. 3 There be two main things which this Statute doth First it takes away for the future all the Treasons made by any Statute since 25 Edw. 3. to the 1 H. 4. even to that time for in respect that by another Act in that Parliament the Statute of 21 Rich. 2. was repealed it will not be denyed but that this Statute repeals more Treasons than these of the 21 R. 2. It repeals all Statute-Treasons but those in 25 Edw. 3. Secondly It not only takes away the Statute-Treasons but likewise the declared Treasons in Parliament after the 25th of Edw. 3. as to the future after Declaration in Parliament the inferior Courts might judge these Treasons for the Declaration of a Treason in Parliament after it was made was sent to the inferior Courts that toties quoties the like Case fell out they might proceed therein the Subject for the future was secured against these so that this Statute was of great use But by the very words of it I shall refer all Treasons to the provision of 25 Edw. 3. it leaves that entire and upon the old bottom The Statute of 1 Queen Mary Cap. 1. saith That no offences made Treason by any Act of Parliament shall thenceforth be taken or adjudged to be Treason but only such as be declared and expressed to be Treason by the Statute of 25 Edw. 3. Concerning Treason or Declarat on of Treason and no others And further provides That no pains of Death penalties or forfeiture in any wise shall ensue for Committing any Treason other than such as be in the Statute of 25 Edw. 3. ordained and provided any Act of Parliament or any Declaration or matter to the contrary in any wise notwithstanding By the first of this Statute only offences made Treason by Act of Parliament are taken away the Common-Law-Treasons are no ways touched the words And no others
Disloyalties I will omit and passing by as well particular Bishops and Prelates as Stephen Arch-Deacon of Norwich and others as also of them in general I will only relate one villanous passage of Trayterous Disloyalty whereof as good Authors deliver the Archbishops and Prelates were principal Abettors and Conspirers The King being at Oxford the Bishops and Barons came thither with armed Multitudes without number and forced him to yield that the Government should be swayed by 25 Selected Peers Paris Thus one of the greatest Soveraigns was but the Six and twentieth petty King in his own Dominions c. To him Succeeded his Son K. H. 3. who being at Clerkenwel in the House of the Prior of Saint John's was told by him no less sawcily than disloyally if I may not say traiterously That he should be no longer King than he did Right to the Prelates Whereto he answered What do you mean to deprive me of my Kingdom and afterward Murther me as you did my Father And indeed they performed little less as shall hereafter appear But now to take the particular passages in order In this King's Reign Stephen then Archbishop of Canterbury as we read was the Ring-Leader of Disorders both in Church and State and no better was Peter Bishop of Winchester But not to speak of them in particular but of them all in general and that in Parliament at Oxford saith Matth. Paris and Matth. Westm came the Seditious Earls and Barons with whom the Bishops Pontifices ne dicam Pharisei those were his words had taken Counsel against the King the Lord 's Anointed who sternly propounded to the King sundry traiteterous Articles to which they required his Assent but not to reckon all the Points you shall hear what the same Authors deliver of their Intent I will repeat the words as I find them These turbulent Nobles saith M. West had yet a further Plot than all this which was first hatched by the Disloyal Bishops which was That four and twenty Persons should there be Chosen to have the whole Administration of the King and State and yearly appointment of all great Officers reserving only to the King the highest Place at Meetings Primus Accubitus in Coenis and Salutations of Honour in Publick Places To which they forced him and his Son Prince Edward to Swear for fear as mine Author saith of Perpetual Imprisonment if not worse for the Traiterous Lords had by an Edict threatned Death to all that resisted And the Perfidious and wicked Archbishop and Bishops Cursing all that should rebel against it Which impudent and Traiterous Disloyalty saith Matth. Paris and Matth. Westm the Monks did detest asking With what fore-heads the Priests durst thus impair the Kingly Majesty expresly against their sworn Fidelity to him Here we see the Monks more Loyal and Honest than the Lord Bishops we have Cashiered the poor Monks and are we afraid of the Bishops Lordliness that they must continue and sit in Parliament to the Prejudice of the King and People And so we may observe That this * This which he accounts Treason in the Bishops was no more than this Man and his fellow-Members would have imposed upon the King in the 19 Propositions Traiterous Bishop did make this King as the former had done his Father meerly Titular From him I pass to his Son Edward the First In his Reign Boniface was Archbishop of Canterbury and Brother to the Queen what he and the rest of the Prelates did in prejudice to the Regal Authority and Weal Publick I will pass over the rather for that they declare themselves in his Son's Reign so wicked and disloyal that no Age can Parallel of which thus in brief Doth not Thomas de la More call the Bishop of Hereford Arch-Plotter of Treason Omnis mali Architectum and not to speak of his contriving the Death of the late Chancellor and other particular Villanies he is Branded together with Winchester then Chancellor and Norwich Lord Treasurer to occasion the dethroning of this Prince Nay after long Imprisonment his very Life taken away by Bishop Thorlton's Aenigmatical Verse though he after denied it Edwardum Occidere nolite timere bonum est But this Adam de Orleton alias Torleton and his fellow Bishops in this King's Reign I may not slightly pass over Therefore I desire we may take a further view of them First of this Adam Bishop of Hereford we find that he was stript of all his Temporalties for supporting the Mortimers in the Barons Quarrel He being saith Thomas de la More a Man of most subtil Wit and in all wordly Policies profound daring to do great Things and Factious withal who made against King Edward the Second a great secret Party To which Henry Burwash Bishop of Lincoln for like Causes deprived of his Temporalties joyned himself as also Ely and others Walter Stapleton Bishop of Exeter a Turn-Coat left the Queen and came to England to inform the King of his Queens too great familiarity with Mortimer which afterward cost him his Head Perhaps some now as Thomas de la More will say he was therein a good Man yet I will take leave to think not do I fear to speak it This was no part of Episcopal Function But I will pass him by not concluding him either good or bad every Man may think as he pleaseth I will declare the Traiterous and Disloyal Actions of the other Bishop formerly mentioned This Bishop of Hereford whom I find called the Queens bosom Councellor Preaching at Oxford took for the Text My Head my Head aketh 2 Kings 4.19 concluding more like a Butcher than a Divine that an Aking and Sick Head of a Kingdom was of necessity to be taken off and not to be tampered with by any other Physick whereby it is probable that he was the Author of that Aenigmatical Verse formerly recited Edwardum occidere c. And well may we believe it for we find that he caused Roger Baldock Bishop of Norwich the late Lord Chancellor to die miserably in Newgate Not much better were Ely Lincoln Winchester and other Bishops that adhered to the Queen Mortimer and others of her part Nor can I commend those Bishops that were for the King and the Spencers The Archbishop of Canterbury and his Suffragans decreeing the Revocation of those Pestilent Peers the Judgment given against them judged as Erronious Thus these Lord Bishops as all in a manner both before and after instead of Feeding the Flock of Christ only Plotted dismal Wars Death and Destruction of Christians I might tell you how in this King's Reign as in others * Certainly this was made a President for such were the Pretences and Practises of this Man and his Associates they perswaded the Lords and Peers of the Realm that they had Power and Right not only to reform the King's House and Council and to place and displace all great Officers at their Pleasure but even a joynt Interest in
for an Apostle much less a Bishop And abating the Unlawfulness which this Instance for ever will supersede there can be no Inconvenience but may be thought abundantly Recompensed in a Christian Common-Wealth by the Sage and Religious Advice of these Learned Reverend and Pious Prelates in framing Laws for a Christian Society and the good Government of the State which is imbodied into the Church in a Christian Commonwealth and when this is winnowed from his Lordship's Speech all the rest will be but Chaff The Lord General produced a Letter sent to his Excellency from Sir Thomas Glemham at Hull declaring the great Disorders The Soldiers Disorderly and Mutinous for want of Pay and Unruliness of the Souldiers there and of the Mutiny that lately was among them in which Uproar one of their Captains was killed and others threatned And he further informed the House That the Army through want of Money and Provisions is so dispersed into several places that they are no Security to those Parts in case the Army of the Scots should advance Whereupon it was resolved to have a Conference with the Commons about the state of the Army Mr. Munday June 7. Report of the Case between the Bishop of Ely and the Lady Hatton Whitlock Reports from the Committee to whom the Lady Hattons Complaint against the Bishop of Ely was referred That Richard Cox Bishop of Ely in the 18 Eliz. made a Lease of some Old Buildings and Lands next Ely House to Sir Christopher Hatton Lord Chancellor of England for 21 Years he intending there to make a Habitation for himself That 19 Eliz. Bishop Cox Conveyed the Inheritance to the Crown the Intention of it for the Vse of the said Chancellor Hatton to whom it came afterward In the Preamble of that Conveyance there was a Clause for the Bishop of Ely and his Successors to redeem the Premisses upon the repayment of such Moneys as the Lord Chancellor Hatton should disburse who disbursed in Building One thousand eight hundred and ninety pounds odd Money Chancellor Hatton intailed the Premisses and they were after Extended for a Debt to the Queen and an Act of Parliament was passed to Enable the Sale of them by another Sir Christopher Hatton who was seized by the Entail and who did for valuable Considerations 5 Jac. sell the premisses to the Lady Eliz. Hatton the Petitioner who since Expended in Building Repairing and Improving it Seven Thousand eight hundred pounds odd mony and ever since the purchase being 34 Years till Nov. 14 Car. when the now Bishop of Ely Dr. Wren preferred his Bill into the Court of Requests to have the House and Lands restored to his See by the Clause of Redemption in the Conveyance from Bishop Cox pretending she had notice of it She in answer upon Oath denies that she had any notice of the Trust and none is proved by the Bishop the Cause came to hearing in Nov. 15 Car. but no Judgment though the Lady Hatton moved they would do it and of this suspending of Judgment my Lady complains is a great prejudice to her Whereupon it was Resolved c. That the suspending of Judgment in the Court of Requests in the Case depending between the Bishop of Ely and the Lady Hatton is an unnecessary Delay Resolved c. That the Lady Hatton is a Purchaser upon valuable Considerations and hath been at great Expences in Building Repairing and Improving the said Estate Resolved c. That the Estate of the Lady Hatton being good in Law is not redeemable in Equity nor subject to the said pretended Trust Resolved c. That the Bill depending in the Court of Requests between the Bishop of Ely and the Lady Hatton ought to be dismissed upon the merits of the Cause After which the Lay-Preachers Spencer Lay-Preachers reprehended Green Robinson c. who had been sent for by Order of the House were called in and Mr. Speaker gave them a reprehension telling them That the House had a general distast at this their proceedings and that if they should offend at any time in the like kind again this House would take Care they should be severely punished It is Easy to Observe with what tenderness these Sacrilegious Invaders of the Calling of the Ministry were treated by these High-flown Pretenders to Reformation who were dismissed for this Offence against God and all good men only with fair Warning and a Gentle Reproof when at the same time the Orthodox and Regular Clergy who had a Lawful Commission to speak the Truth and stand up in Vindication of the Church were upon every frivolous complaint from their Enemies the Sectaries for every word which could be tortured to depose any thing against the Proceedings of the Commons sent for in Custody imprisoned Outraged Stigmatized and many of them and their poor and innocent Families utterly ruined and undone The House of Lords being adjourned into a Committee during pleasure to Debate the Reasons sent up from the Commons at the Conference touching the Bishops not Voting in Parliament and after a long Debate the House was resumed Then the Bill was read a third time Entituled The Bill against Bishops thrown out of the Lords House An Act for restraining Bishops and others of the Clergy in Holy Orders from intermeddling in Secular Affairs And being put to the Question Whether it should pass as a Law it was Resolved by the Major part That it should not Upon Letters this day Received from Sir Jacob Ashley Tuesday June 8. it was declared That notwithstanding the Information of Mr. Darley against him yet he was in the good Opinion of the House The House was then informed that the Forty thousand pounds and the Hundred and twenty thousand pounds promised to be lent by the City were yet unpaid in notwithstanding many motions Hereby it appears that Alderman Pennington did not always speak the Truth in that House when he informed them That upon the King 's passing the Bill of Attainder against the Earl of Strafford Money came in as fast as it could be told The Cessation of Arms continued a fortnight longer from the 24th of June upon the same terms The Bills for taking away the Court of Star-Chamber Star-Chamber and Council Table Bills read and passed Report from the Close Committee and Regulating the Proceedings of the Council Board were read a second time and passed Mr. Fines Reports from the Close Committee Matters concerning the Tower of London the French the Flight of the Gentlemen accused of a Conspiracy in the Army to bring them up to Aw the Parliament The Earl of Strafford's design to have made an Escape had he not been prevented The Papists resorting into Hampshire towards Portsmouth and the Fortifying of it Mr. Jermyn's desire to get Portsmouth into his hands And the French Troops drawing down to Callice Diep and Granville Exceptions were taken at the Lord Digby for words spoken concerning an Oath which Colonel Goring
subject to Schismes and Seditions Whatsoever other Kingdoms have been I am sure our Histories can tell us this Kingdom hath not and therefore we have cast him off long since as he is forrain though we have not been without one in our own Bowels For the difference between a Metropolitan or Diocesan or universal Bishop is not of kinds but of degrees and a Metropolitan or Diocesan Bishop is as ill able to perform the duty of a Pastor to his Diocess or Province as the Universal Bishop is able to do it to the whole World For the one cannot do but by Deputies and no more can the other and therefore since we all confess the Grounds upon which the Papacy stands are rotten how can we deny but these that maintain our Bishops are so too since they are one and the same In the second place let us consider by what hand this root of Episcopacy was planted and how it came into the Church It is no difficult matter to find this out for is not the very spirit of this Order a spirit of Pride exalting it self in the Temple of God over all that is called God First exalting it self above its fellow Presbyters under the form of a Bishop then over its fellow Bishops under the title of Archbishops and so still mounting over those of its own profession till it come to be Pope and then it sticks not to tread upon the necks of Princes Kings and Emperors and tramples them under its Feet Also thus you may trace it from it's first rise and discern by what Spirit this Order came into the Church and by what door even by the back-door of Pride and Ambition not by Christ Jesus It is not a Plant which Gods right Hand hath planted but it is full of Rottenness and Corruption that mystery of Iniquity which hath wrought thus long and so fit to be plucked up and removed out of the way Thirdly Let us consider the very nature and quality of this Tree or Root in its self whether it be good or corrupt in its own nature We all know where it is said A good Tree cannot bring forth corrupt Fruit nor a corrupt Tree good Fruit. Do men gather Grapes of Thorns or Figs of Thistles By its Fruit therefore we shall be sure to know it and according as the Fruits of the Government have been amongst us either in Church or Common-wealth so let it stand or fall with us In the Church 1. AS it self came in by the back-door into the Church and was brought in byf the Spirit of Antichrist so it self hath been the back-door and in-let od all Superstition and Corruption into the Worship and Doctrine of this Church ano the means of hastening us back again to Rome For proof of this I appeal tall our knowledges in late years past the memory whereof is so fresh I need enter into no particulars A second Fruit of this Government in the Church hath been the displacing of the most Godly and Conscientious Ministers the vexing punishing and banishing out of the Kingdom the most Religious of all sorts and conditions that would not comply with their Superstitious Inventions and Ceremonies in one word the turning the edge and power of their Government against the very Life and Power of Godliness and the Favour and Protection of it unto all Profane Scandalous and Superstitious Persons that would uphold their Party Thousands of examples might be given of this if it were not most Notorious A third Fruit hath bin Schism and Fractions within our selves and Alienation from all the reformed Churches abroad And lastly the prodigious Monster of the late Canons whereby they had designed the whole Nation to a perpetual Slavery and Bondage to themselves and their superstitious Inventions These are the Fruits of the Government in the Church Now let us consider these in the Civil State As 1. The countenancing all illegal Projects and proceedings by Teaching in their Pulpits the Lawfulness of an Arbitrary Power 2. The overthrowing all process at Common-Law that reflected never so little upon their Courts 3. The kindling a War between these two Nations and blowing up the Flame as much as in them lay by their Counsels Canons and Subsidies they granted to that end 4. The Plots Practises and Combinations during this Parliament in all which they seem to have been interested more or less Thus have they not contented themselves with encroachments upon our Spiritual priviledges but have envied us our civil freedom desiring to make us grind in their Mill as the Philistims did Sampson and to put out both our Eyes O let us be avenged of these Philistims for our two Eyes If then the Tree be to be known by its Fruits I hope you see by this time plainly the nature and quality of this Tree In the last place give me leave for a close of all to present to your consideration the mischiefs which the continuance of this Government doth threaten us with if by the wisedom of this Committee they be not prevented First the danger our Religion must ever be in so long as it is in the hands of such Governors as can stand firmly in nothing more then its ruin and whose affinity with the Popes Hierarchy makes them more confident of the Papists then the professors of the reformed Religion for their safety and subsistence Secondly the unhappy condition our Civil State is in whilst the Bishops have Vote in the Lords House being there as so many obstructions in our Body Politick to all good and wholesom Laws tending to Salvation Thirdly the improbability of setling any firm or durable Peace so long as the cause of the War yet continues and the Bellows that blow up this Flame Lastly and that which I will assure you goes nearest to my Heart is the check which we seem to give to Divine Providence if we do not at this time pull down this Government For hath not this Parliament been called continued preserved and secured by the immediate Finger of God as it were for this work had we not else been swallowed up in many inevitable dangers by the practises and designs of these men and their Party Hath not God left them to themselves as well in these things as in the evil administration of their Government that he might lay them open unto us and lead us as it were by the hand from the finding them to be the causes of our evil to discern that their rooting up must be our only cure Let us not then halt any longer between two opinions but with one Heart and Resolution give glory to God in complying with his providence and with the good fafety and peace of this Church and State which is by passing this Bill we are now upon I cannot pass by this Speech of Sir Henry Vane's without a short Animadversion upon that threadbare Topique which he builds the whole Fabrique of his Harangue upon of the Antichristianism of the very Order of
be the greater because it redounds unto the God of glory My Motion is that those Sheets last presented to you may be laid by and that we may proceed to reduce again the old Original Episcopacy If this Gentleman had thoroughly consulted the Church History he would have found both that Episcopacy was ever accounted a Distinct Order from and above Presbytery and that the most Primitive Bishops exercised the same Jurisdiction and Power in the Church even over Presbyters themselves as the present English Bishops did and for their Temporal Baronies and Lordships it was never esteemed any ways Essential to the Office but only a Concomitant Adjunct which by the Fundamental Constitution of the Government by the Kings annexing Temporal Baronies to their Spiritual Office rendred them one of the three Estates of the Realm And indeed it was this Temporal Honor and their Secular Estates Lands and Tenements which raised the envy of some and the Covetousness of others against not only the Persons but the Order it self Sir Benjamin Rudyard also spake as follows Mr. Hide WE are now upon a very great Business Sir Benjamin Rudyard's Speech concerning Bishops Deans and Chapters at a Committee of the whole House June 21. 1641. so great indeed as it requires our soundest our saddest consideration our best judgment for the present our utmost foresight for the future But Sir one thing doth exceedingly trouble me it turns me round about it makes my whole Reason vertiginous which is that so many do believe against the wisdom of all Ages that now there can be no Reformation without destruction as if every sick Body must be presently knockt in the Head as past hope of Cure Religion was first and best planted in Cities God did spread his Net where most might be caught Cities had Bishops and Presbyters were the Seminaries out of which were sent Labourers by the Bishops to propagate and cultivate the Gospel The Clergy then lived wholly upon the Freewill-Offering and Bounty of the People Afterwards when Kings and States grew to be Christians the outward settlement of the Church grew up with them They Erected Bishopricks Founded Cathedral Churches Endowed them with large Possessions Landlords built Parish Churches gleab'd them with some portion of Land for which they have still a Right of Presentation I do confess That some of our Bishops have had Ambitious Dangerous Aims and have so still that in their Government there are very great Enormities But I am not of their Opinion who believe that there is an Innate ill Quality in Episcopacy like a Specifical Property which is a Refuge not a Reason I hope there is not Original Sin in Episcopacy and though there were yet may the Calling be as well Reformed as the Person Regenerated Bishops have governed the Church for 1500 years without interruption And no man will say but that God hath saved Souls in all those times under their Government Let them be reduc'd according to the usage of Ancient Churches in the best times so restâ—â—â—â—d as they may not be able hereafter to shame the Calling I love not those that hate to be Reformed and do therefore think them worthy of the more strict the more close Reformation We have often complained That Bishops are too absolute too singular Although Cathedral Churches are now for the most part but Receptacles of Drones and Non-Residents yet some good Men may be found or placed there to be Assessors with the Bishops to assist them in Actions of moment in Causes of Importance there is maintenance already provided for them If either in Bishopricks or Cathedral Churches there be too much some may be pared off to relieve them that have too little If yet more may be spared it may be employed to the setting up of a Preaching Ministry through the whole Kingdom And untill this be done although we are Christians yet are we not a Christian State There are some places in England that are not in Christendom the people are so ignorant they live so without God in the World for which Parliaments are to answer both to God and Man Let us look to it for it lies like one of the Burdens of the Prophet Isaiah heavy and flat upon Parliaments I have often seriously considered with my self what strong concurrent Motives and Causes did meet together in that time when Abbies and Monasteries were overthrown Certainly God's hand was the greatest for he was most offended The profane Superstitions the abominable Idolatries the filthy nefandous wickedness of their Lives did stink in God's Noistrils did call down for Vengeance for Reformation A good Party of Religions Men were Zealous Instruments in that great work as likewise many Covetous Ambitious Persons gaping for fat Morsels did lustily drive it on But Mr. Hide there was a principal Parliamentary motive which did facilitate the rest for it was propounded in Parliament that the Accession of Abby-Lands would so inrich the Crown as the people should never be put to pay Subsidies again This was plausible both to Court and Countrey Besides with the Over-plus there should be maintained a standing Army of Forty Thousand Men for a perpetual defence of the Kingdom This was Safety at home Terrour and Honour abroad The Parliament would make all sure Gods part Religion by his blessing hath been reasonably well preserved but it hath been saved as by fire for the rest is consumed and vanished the people have payed Subsidies ever since and we are now in no very good Case to pay an Army Let us beware Mr. Hide that we do not look with a worldly carnal evil Eye upon Church Lands let us clear our Sight search our Hearts that we may have unmixt and sincere Ends without the least thought of saving of our own Purses Church Lands will still be fittest to maintain Church Men by a proportionable and orderly distribution We are very strict and curious to uphold our own Propriety and there is great reason for it Are the Clergy only a sort of Men who have no Propriety at all in that which is called theirs I am sure they are Englishmen they are Subjects If we pull down Bishopricks and pull down Cathedral Churches in a short time we must be forced 〈◊〉 pull Colledges too for Scholars will live and dye there as in Cells if there be not considerable Preferment to invite them abroad And the example we are making now will be an easie Temptation to the less pressing necessities of future times This is the next way to bring in Barbarism to make the Clergy an unlearned contemptible Vocation not to be desired but by the basest of the People and then where shall we find men able to convince an Adversary A Clergy-men ought to have a far greater proportion to live upon than any other Man of an equal Condition He is not bred to multiply Three-pences it becomes him not to live Mechanically and sordidly he must be given to Hospitality I do know my self a
a Conscientious way and to yield to one another by the Rules of Charity for the publick Peace of the Church This solid course as it will allay the Heat and Precipitation of passionate Councils so it will have Authority in it self Honor in relation to other Forreign Churches and stability in these resolutions I will be bold to add another Motion that if we may be so happy to settle these troubles and scruples of tender Conscience by imbracing this only Counsel I could wish that an Intimation were made to all the Reformed Churches that if they please to send their Deputies and to assist in this Pious work they shall as Assistants be admitted And I hope there may arise from hence an occasion of re-uniting all the Protestant Churches at least in Fundemantals Leaving to every one a Christian Liberty in those Forms of Discipline which may be most agreeable to their Civil Government which would not only strengthen the General Cause of Religion but take away that strong objection of the publick Enemy of such a Division amongst our selves as make us appear outwardly to be twenty Churches or none at all for from this Branch of division and separation hath flown all the advantages both in the Estate and Church of the Papacy against the Reformation and the Princes professing one truth not fenced about with one Policy A Divine in the City gave his following Opinion upon these Particulars The Opinion of a City Divine concerning the Liturgy Church Government TO satisfie your Demands both Concerning the Liturgy and Episcopal Government First for the Book of Common Prayer it may be alledged 1. That God himself appointed in the Law a set Form of Benediction Numb 6.23 24 25 26. 2. That David himself set Psalms to be sung upon Special Occasions as the Title of them shewtth 3. That the Prophet Joel appointed a set Form of Prayer to be used by the Priest at Solemn Fasts Joel 2.7 4. That Christ not only Commands us to pray after such manner Matth. 6.9 But to use a set Form of words Luke 11.2 When you pray say Our Father 5. The Spirit of God is no more restrained by using a set Form of Prayer then by singing set Hymns or Psalms in Meeter which yet the Adversaries of our Common-Prayer practise in their Aslemblies 6. Of all Prayers premeditated are the best Ecclesiastes 5.2 7. And of premeditated Prayers those which are allowed by public Authority are to be preferred above those which are uttered by any private spirit 8. All the Churches in the Christian World in the first and best Times had their best Forms of Lyturgies wherof most are Extant in the Writings of the Fathers unto this day 9. Let our Service-Books be Compared with the French Dutch or any other Lyturgie prescribed in any of the Reformed Churches and it will appear to any indifferent Reader that it is more Exact and Compleat than any of them 10. Our Service-Book was Penned and allowed of not onely by many Learn'd Doctors but Glorious Martyrs who sealed the Truth of the Reformed Religion with their Blood Yet it cannot be denyed but that there are Spots and Blemishes naevi quidem in pulchro Corpore And it were to be wished so it be done without much Noyse 1. That the Kalendar in part might be reformed and the Lessons taken out of the Canonical Scriptures appointed to be read in the place of them for besides that there is no necessity of reading any of the Apocrypha for there are in some of the Chapters set in the Index passages repugnant to the Doctrine of the Holy Scriptures as namely in some Chapters in Tobit 2. That in the Psalms Epistles and Gospels all Sentences alledged out of the Holy Scriptures the last Translation of King James his Bible may be followed for in the former there be many Passages not agreeable to the Original as might be proved by many Instances 3. That in the Rubrick whereof of late the word Priest hath been instead of the word Minister it may be Expunged and the word Minister restor'd which is less Offensive and more agreeable to the Languages of all the Reformed Churches and likewise that some Abuses which seem surreptitiously to have crept into it be expunged as namely after the Communion every Parishioner shall Communicate and also shall receive the Sacraments and other Rites according to the Order of this Book appointed which words can carry no good Sence in a Protestant's Ears nor those added against Private Baptisme That it is certain by Gods Word That Children being Baptized having all things necessary for their Salvation be undoubtedly Saved 4. That in the Hymns instead of the Songs of the Three Children some others placed out of the Canonical Scriptures and that a fitter Psalm were chosen at the Churching of Women for those Verses He will not suffer thy foot to be moved and the Sun shall not burn thee by day nor the Moon by night seem not very pertinent That in the Prayers and Collects some Expressions were bettered as when it is said Almighty God which only workest great Marvels send down upon the Bishops c. And Let thy great Mercy loose them for the honour of Jesus Christ's sake And from Fornication and all other deadly Sin as if all other Sins were not deadly and that among all the chances of this mortal Life they may be defended c. 5. And in the Visitation of the Sick I absolve thee from all thy sins and the like 6. That in singing of Psalms Either the lame Rhymes and superfluous Botches as I say and for why and homely Phrases As Thou shalt feed them with brown Bread And Take thy Hand out of thy Lap and give thy Foes a Rap and Mend this Geare and the like may be Corrected or at the least a better Translation of the Psalmes in Meeter appointed in the place of the old Secondly for Episcopal Government it may be alledged 1. That in the Old Law the Priests were above the Levites 2. That in the Gospel the Apostles were above the Seventy Disciples 3. That in the subscription of St. Paul 's Epistles which are part of Canonical Scripture as it is said That Timothy was Ordained the first Bishop of the Church of the Ephesians That Titus was Ordeined the second Bishop of the Church of the Ephesians That Titus was Ordained the first Bishop of the Church of the Cretians 4. That if Episcopal Ordination and Jurisdiction hath express Warrant in Holy Scripture as namely Titus 1.5 For this Cause left I thee in Crete that thou should'st set in order things that are wanting and Ordain Presbyters that is Ministers in every City And 1 Tim. 5.22 Lay hands suddenly on no man And Vers 19. Against a Presbyter or Minister Receive no Accusation but under two or three Witnesses 5. The Angels to whom the Epistles were indorsed 2 3. of Apoc. are by the Vnanimous Consent of all the best
time the Bill intituled An Act for the speedy Provision of Mony for disbanding the Armies Poll Bill passed the Lords House and setling the Peace of the two Kingdoms of England and Scotland and it was put to the Question and contented to pass as a Law Memorandum That this House will take into Consideration hereafter how the Bishops may be relieved concerning the Payment of their double Tenths if they shall see Cause so to do A Message was sent to the House of Commons to desire a present Conference by a Committee of both Houses touching Honour Conference to be with the Commons about the Kings bestowing Honours The subject of the Conference to be That both Houses may Petition his Majesty that Titles of Honour may not be bought and sold for Mony but that it may be confer'd by his Majesty as anciently it was for Vertue and Merit and also to consult with the House of Commons about a Bill for preventing of this hereafter and the Bill to begin from the first day of this Parliament The Bills for Regulating of the Council-Board and taking away of the Star-Chamber and the Bill concerning the High-Commission Court being read a third time and upon the Question were resolved by the major part to pass as Laws and were sent down to the House of Commons A Message was sent to the Commons to let them know that the Lords had sent some of their House to inform his Majesty that the Bills were ready for his Assent Mr. Crew and Mr. Littleton ordered to repair to the Lord Keeper Saturday July 3. Message from the Commons to the Lord Keeper that the Judges may not Travel on the Lords Day and to desire him from this House to desire the Judges in their several Circuits so to dispose of their Journeys that they may not Travel upon the Lords-Day for the ill example that is given to the Countrey thereby A Message was sent from the Lords to certifie the Commons that his Majesty who intended to be at the House in the morning had put it off till the afternoon at which time he would pass the Poll-Bill and take time to consider of the other till Tuesday But at this the Commons were displeased and Voted that they should all pass together and Mr. Arthur Goodwin was appointed to go up to the Lords to acquaint their Lordships that the passing of the other two Bills will Expedite the Mony Bill and to desire them to move his Majesty to do it with all convenient Expedition and that they will move his Majesty in it which they did who return'd this Answer That he would in his own person give his answer to their desires In the Afternoon his Majesty coming to the House of Lords the Commons were sent for by the Gentleman-Usher of the Black-Rod when the Bills were presented for the Royal Assent Mr. Speaker entertained his Majesty with this following Speech May it please your Most Sacred Majesty THe Government of this Common-Wealth rests in the Rules of Order Mr. Speakers Speech at the passing the Bill for Poll-Money July 3. 1641. and hath so much affinity and consent with the Rules of Nature in the Government of the World That the first Copy and mutation of the one may seem to be taken from the Original and first Model of the other This contemplation Most excellent and gracious Soveraign casts our Eyes upon your Sacred Majesty as that Celestial Orbe which never resting without the Office of perpetual motion to cherish the lower Bodies not enriching it self with any Treasures drawn from below exhales in vapours from the inferior Elements what in due Season it returns in showers The application makes us consider our selves those sublunary Creatures which having their Essence and Being from the influence of those Beams as the Flowers of the Field open to receive the Glory of the Sun In this Relation both contribute to the Common good your Sacred Majesty as a Nursing Father designed to bestow on your People the Blessing of Peace and Unity and we as the Children of Obedience return our duties and affections in Aids and Tributes And this compacted in one Body by the ligaments of Religion and Laws hath been the object of admiration to the whole World Amidst the distraction of Forreign Nations we only have sate under the shadow of our Vines and drank the Wines of our own Vintage But your crafty adversaries perceiving that the fervent profession of our own Religion and the firm observation of our Laws have been the Pillars of our prosperity by subtle insinuation pretending a politick necessity to admit of a Moderation in our Religion to comply with Forreign Princes and suggesting it a Principle in the Rules of Soveraignty to require and take not ask and have that it must postulare by power not petere by Laws and keep these miseries of War and Calamity between Nation and Nation and put us in the posture of gaze to the whole World But when we behold your Sacred Majesty descended from the Royal Loyns of that glorious King which by his Wisdom and Policy first ingrafted the White-Rose and the Red upon the same stock and sheathed the Sword that had pierced the Bowels of so much Nobility glutted with the Blood of People and then laid the first hopes of the happy Union between the Nations When our thoughts refresh themselves with that happy memory of that Religious King your Gracious Father on whose Sacred Temples both Diadems were placed wreathed about with this Motto faciam eos in gentem unam we cannot but believe that God and Nature by a lineal Succession from those Fathers of Peace hath ordained you that Lapis Angularis upon which the whole Frame settles and put into the hands of your Sacred Majesty the possibility and power to firm and stablish this happy Union between your Kingdoms and so raise your memory a Statue of Glory and Wisdom from Generation to Generation In all this length of time the assurance of this Union and Peace hath been the chief object of our desires Our Purses have been as open as our Hearts both contributing to this great Work manifested by so many Subsidies already presented sufficient in our first hopes for the full perfection But finding that fail have again adventured upon your Peoples Property and in an old and absolute way new burnisht by the hand of instant necessity expressed to the World the Hearts of a Loyal People and howsoever gilded with a new name of Tranquility and Peace to your Kingdoms that with more ease the People may disgest the bitterness of this Pill yet still our Hearts had the same aim and object A Gift suitable to the necessity of so vast Expences that time cannot parallel it by any example And by which if your Sacred Majesty vouchsafe your Royal assent which we Humbly pray we shall not doubt you may soon accomplish those happy effects that may present your Wisdom the object of
a Conference by the Earl of Bath to the Commons THese are to signifie to this House That whereas He sent an Answer this day to both Houses concerning the Third Head lest there should be any mistake upon the word Slander His Majesty declares he did not mean all of either House of Parliament or any Members thereof Upon the Reading of the Petition of the Arch-Bishop of Canterbury concerning his payment of Poll-mony It was Ordered Order of the Lords about the Arch-Bishops paying Poll-Money To be left to be paid according to the Act of Parliament The House for freer Debate was put into a Committee to consider of the Court of York and to give judgment herein and after much Debate the House was reassumed and it was Resolved upon the Question by the Major Part Resolves of the Lords concerning the Court at York That the Commission and Instructions whereby the President and Council of the North exercise a Jurisdiction is Illegal both in the Creation and Execution Resolved c. That this Commission and Instructions is unprofitable to His Majesty Resolved upon the Question Nemine Contradicente That this Commission and Instructions is inconvenient and grievous to His Majesties Subjects of those Parts Resolved upon the Question Nemine Contradicente That this House doth joyn with the House of Commons in beseeching His Majesty that the Present Commission and Instructions may be revoked and no such granted for the Future MEmorandum A Salvo for the Judges of the Court of York This House doth declare seeing the Commission and Instructions of the Court of York is Illegal in the Creation and Execution that the former Judges in the Court of York who have given Judgement and proceeded as they thought in their Consciences upon True and Legal Grounds shall not be liable to be Questioned but in case of Injustice and that none in that Case shall be barred of their Appeal And if it appear that there is a Necessity for the Ease of that Country to have a Court this House will advise with the House of Commons how one may be Established by Law for the Ease of those Parts And the Earl of Essex Earl of Bristol Viscount Say and Seal Bishop of Lincoln Lord Wharton Lord Kimbolton were appointed to prepare Heads for a Conference with the Commons concerning the aforesaid Particulars that so the Persons that were Judges and the Acts of that Court may have a Saving for them If humane Bodies and Minds are subject to the secret Influences of the Heavenly Bodies certainly England and the rest of the Brittish Dominions were at this time under the Aspects of some Violent and Malignant Configurations and there seemed to be an Universal Inclination in the People every where to Tumults Mutinies Violence and Injustice the Lords House was full of Complaints of the Disorders of this Nature throwing up Inclosures and disturbing the Possessions of others and that not singly but by Multitudes and with such Arms as Rusticks are wont to make Use of upon such Occasions of their Madness And of this the Lords were so sensible that they made this following Order WHereas daily Complaints are made unto this House of violent breaking into Possessions Order of the Lords concerning Violent and Tumultuous breaking into Possessions July 13. 1641. and Inclosures in Riotous and Tumultuous manner in several parts of this Kingdom without any due proceedings by Course of Law to warrant the same which hath been observed to have been more frequently done since this Parliament began then formerly it is thought fit and so Ordered by the Lords in Parliament That no Inclosure or Possession shall be Violently and in a Tumultuous manner disturbed or taken away from any man which was in Possession the first Day of this Parliament or before but by due Course and Form of Law and that such Possessions of all men shall continue and remain unto them as they were on the first Day of this Meeting of Parliament unless it have been or shall be by some Legal way of proceeding in some of His Majesties Courts of Law or Equity or by some Act or Order of the Parliament determined or ordered to the Contrary And in all such Cases where any such unlawful disturbance of the quiet Possession of any man hath happened or shall happen the High Sheriff of the County shall have Power by virtue of this Order together with two of the Justices of the Peace of the said County next or near to the place and such other or others as he or they shall think fit to take with him or them to repair unto the place where such Tumults happen to be and appease and quiet the Possession of the said Lands and Inclosures so disturbed as aforesaid and shall see to and cause that the Possession be continued unto the present Owners as aforesaid until by a Legal Course in some Court of Law or Equity or by order of Parliament it be determined or Ordered to the contrary The Lord Bishop of Lincoln Reported Report about the Officers of the Star-Chamber That the Lords Committees appointed to Consider of the Petition of the Officers of the Star-Chamber have fully heard their Cause and they are of Opinion and do not conceive of any fitter way of Relief for these Poor Officers the King's Servants then to remit them to the King's Mercy that His Majesty would be Graciously pleased to allow a Proportionable Relief for these Poor men out of such Fines as may accrue unto His Majesty in the High Court of Parliament to be apportioned by the Lords of the Committees or otherwise as their Lordships shall be pleased to approve thereof and Order it Upon Report this Day made unto the House by the Right Honourable the Lord Seymour that the difference between the Parishioners of St. Report about the Rioters at St. Thomas the Apostle's in pulling down the Rails Thomas the Apostle complained of to the Lords in Parliament was composed by his Lordship to whom the business was referred It is Ordered by the Lords Spiritual and Temporal in the High Court of Parliament Assembled that the said difference together with the Cause depending before their Lordships shall by virtue of this Order be fully ended and determined and Lastly that John Blackwell shall for himself others Petitioned against forthwith pay unto the Overseers of the Poor of that Parish upon sight hereof to the use of the said Poor the full Summ of ten Pounds of Lawful Money of England and hereof they are not to fail as they will answer to the contrary There being a Report spread abroad that His Majesty intended to send the Lord Digby abroad under some honourable Character Tuesday July 13. and as was said Ambassadour into France his Enemies in the House of Commons being extreamly nettled at it were resolved if possible to set a brand of Infamy upon his Lordship and therefore not content to have disgracefully Expelled him
That as the Accusation was the effect of Malice and Revenge those Prosecutions proceeded from the same bitter Fountain 1. He hath Ex officio convented me before him Articles of Information a-against the Bishop of Bath and Wells by one Jomes a Minister in his Diocess for having two Sermons Preached in my Church on Michaelmas Day to the great disturbance and hinderance of the Sale of the Church-Ale as his Lordship pretended and further Examined me upon Oath whether I had not the said Sermons Preached for the same purpose and intent admonishing me for the future neither to Preach my self nor suffer any other to Preach in my Cure in the afternoon of either the Lords Day or Holy Days 2 I heard him say to his Register That whereas Information had been given concerning certain Ministers that they expounded upon the Catechism this Information was too narrow to catch them and therefore it should have run thus That they Catechised or expounded upon the Catechism Sermon-wise and then they would have been obnoxious tocensure 3 At the meeting to Elect Clerks of the Convocation he threatned to send forth Censures of the Church against all that would not pay in the Benevolence late granted in the late Synod within a Fortnight after the second Day of November last past And further at the said Election his Son gave eight single Voices two as Arch-Deacon of Bath two as Prebend of the Church of Wells two as Parson of Buckland St. Mary two as Vicas of Kingsbury and many others also there present gave as many double Voices as they had Benefices and Dignities against which one Mr. Roswel protested saying that it was Illegal The Bishop replyed that they gave in several capacities and thereupon commanded him silence saying that he was a Young man 4. That upon the meer Information of Mr. Humphrey Sydenham Rector of Buckington that in a certain Sermon Preached at the Visitation of the Arch-Deacon of Taunton I bespattered the Clergy The Bishop Summoned me before him down to Wells and there objected unto me that I had Preached a Scandalous Sermon wherein I had cast some aspersions on some of the Clergy Upon which charge I proffer'd to bring in an exact Copy of the Sermon I Preacht and to depose that I spake neither more nor less then was contained in the said Copy This the Bishop would not accept of saying that he would not have the Ministers who came to witness against me troubled with a Second Journey One of my Proctors desired time till the next Court Day for me to give in my answer the Bishop commanded him to hold his Peace and the other Proctor though he was retained by me and had received a Fee never opened his mouth pretending unto me that because the Bishop was so highly displeased with me he durst not appear on my behalf Being denyed time to give in my answer at the next Court Day I desired respit until the afternoon this also was denyed In fine contrary to the rules of their own Court he examined witnesses against me and proceeded to Censure me before he received my full answer he would not hear the answer which I could give to the Articles objected to me which I profer'd to give and which he had by Oath required me to give further by vertue of the Oath he administred unto me he questioned me not only concerning matters of outward fact but also concerning my most secret thoughts intentions and aims Moreover whereas the Witnesses confessed that I only said in the foresaid Sermon that some put the Scriptures into a Staged dress the Bishop persuaded them that that expression was equivalent with the Article objected that some mens Sermons were Stage-Plays and they by his persuasion swore down-right that I said some mens Sermons were Stage-Plays The Doctor made an Act and Order that I should make publick retractation which I refused to do and appeal'd unto the Arches But upon either the Bishops or M. Sydenham's Information my Proctor Hunt renounced my Appeal and Sir John Lamb dismissed the same cause without hearing unto the Bishop again 5. The Church-wardens of my Parish by order from the Bishop were enjoyned to turn the Communion-Table and place it Altar-wise c. Now they that they might neither displease the Bishop nor transgress against the Rubrick of the Liturgy made it an exact square Table that so notwithstanding the Bishops Order the Minister might still Officiate at the North-side of the Table M. Humphrey Sydenham Informed against this and upon Information the Bishop sent to view it and upon his view he certified the Bishop that it was like an Oyster-Table whereupon the Bishop ordered the Church-wardens to make a new one 6. Upon Mr. Humphrey Sydenham's Information that M. John Pym was a Parliamenteer the Bishop would not suffer me any longer to sojourn in his House although before such Information he gave me leave And when I demanded of some of his Servants the reason why his Lordship had thus changed his mind they told me that his Lordship was informed by M. Sydenham that M. Pym was a Puritan By which last Article it is evident the finger of Joab was in this matter and Mr. Pym in whose House this Informer Sojourned was a very great Master and it seems found an apt Scholar of this Nonconformist in the Art of blackning and nothing can be more plain then that because the Bishop had Prosecuted this Minister for his Non-conformity therefore out of Revenge he now persecuted the Bishop and in telling his own Story it is fairly to be presumed he puts the best Foot forward and does not Ex officio tell us his own real Guilt which was obstinate Non-Conformity and frequent railing against the Bishops and Church-Government the common Theams upon which these Persons who appeared so zealous for Preaching employed their Talent both in the Morning and Afternoon And this was the true reason why the Bishops of that time were against Lectures and Afternoon Sermons because they saw those Ministers who were most forward for them were wholly addicted to this way of abusing the Ordinance of Preaching to unsettle the Minds of the People and disturb the Publick Peace And wisely it was forseen could it have been as easily prevented for from the Pulpit were the first Seeds of Rebellion sown among the People from thence they were cultivated and improved into actual War against the King as the sequel of this History will shew This Day the Bill for taking the Protestation being read in the House of Lords The Bill for all Persons taking the Protestation thrown out of the House of Lords it was by their Lordships urged That though they approved of the taking of it by the Members of each House yet they did not of the General taking of it throughout the Kingdom Upon which the Bill was dimissed of which the Commons having Notice they presently laid it upon the Bishops and Popish Lords in the House
Vote in favour of Mr. Small a Minister in Lincoln Shire The House then took into Consideration the Case of one Small a Minister in Lincolnshire sometime ago deprived of his Living by the Sentence of the High-Commission Court Conference about the Tower c. upon which it was Resolved c. That the deprivation of Edmond Small from his Living of Holm in Com. Lincoln by Sentence of the High Commission Court was Illegal and he shall be restored to his Living There was a Conference with the Lords about putting the Kingdom into a Posture of Defence as also about the Tower of London the Lieutenant Sir William Belfour being gone with the King into Scotland about some private Affairs of his own so that it was necessary that the Earl of Newport the Lord Constable of the Tower should take Care of it himself It was also there moved That Care might be taken of the Isles of Jersey Wight and Guernsey Which was agreed by the Lords and 50 men of the Hamlets to guard by Day and 50 by Night and 40 or 50 more to be added upon Emergent Occasion The Bill for Tonnage and Poundage for two Months longer was this day passed by Commission in the usual form and manner Monday August 16. Bill for Tonnage and Poundage for two Months passed by Commission * Incendiaries to be prosecuted and who those were After this the Interrogatories were delivered in to the Lords and read upon which the Scots Commissioners desire Witnesses may be Examined concerning the Earl of Traquayr Sir John Hayes Clerk Register in Scotland Sir Robert Spotswood and Dr. Walter Balcanquell and Mr. John Maxwell sometime Bishop of Ross who are pursued as Incendiaries The Interrogatories being approved of It was Ordered That the Lord Privy Seal E. Warwick E. Dover Viscount Say and Seal L. Wharton are appointed by this House to be Committees for the taking of the Examination of Witnesses in this Business and their Lordships or any Three or more to meet when they please to appoint Then the Lord Privy Seal E. Pembroke and L. Goring were sworn at the Clerks Table the Lord Keeper reading the Oath and are to be Examined concerning the Incendiaries Ordered also That John E. of Sterling Robert Young Printer William Warnor Corrector and Robert Chapman Compofer shall attend the Lords Committees this Afternoon and be Sworn and Examined in the business concerning the Incendiaries This was in order to the discovery of the Writer of the King 's large Declaration which was generally supposed to be Dr. Bellcanquel Dean of Durham which had so much Mordacis Veritatis of sharp and cutting Truth in it that the Scots thought there was no other Way to undo the Reputation of the Book but by ruining the Reputation of the Author and no way so Effectual for that as the Brand of an Incendiary burnt upon the forehead of his fame by this Publique Procedure which yet could not but even then be liable to suspition his Enemies being his Accusers and the Majority of these Lords Committees who were to report and in Effect therefore to be his Judges being apparently of the Scottish Party and Interest A Message was brought from the Commons by Mr. Strode Message about the Desperate Estate of the Kingdom and Hull to let their Lordships know That they have taken into Consideration the desperate Estate the Kingdom now stands in in the time of Disbanding the Army and they have Considered of the Danger the King's Ammunition at Hull is in if there should be any design upon it Therefore they desire their Lordships would joyn with them in some Course that the Ammunition there be not stirred nor removed from thence without the Order of both Houses of Parliament Hereupon it was Ordered That a Letter be sent to the Lord General to give Order That no Munition or Artillery of the Kings at Hull be removed or sent from thence but by Order from both Houses Mr. Pym reports from the Committee about the Commission for the Commissioners of both Houses who are to attend the King in Scotland Difficulty about the Commission for the Commissioners to go into Scotland That the first thing they took into Consideration was the Commission to give Power to these Commissioners and the doubt is Whether such a Commission may be granted or no the King being now out of the Kingdom so that the Royal Assent cannot now be had and it would be of much danger if such a Power may not be had and therefore they desire the Opinion of the House in this Point Upon which a Conference was desired with the Lords upon this Subject After which Mr. Pym Reported it to the House That the Lords were doubtful The Opinion of the Lords at a Conference about it and therefore propounded to have a Messenger sent to procure his Majesties Warrant and the Commissioners to stay here till the Messenger returned and that in the mean time they would consider of their Instructions This day the Earl of Dorset signified to the Lords House That he hath Waited on the Queen and hath acquainted her Majesty with the Humble Desires of this House touching restraining of the Capuchin Friers in Sommerset House from tampering and withdrawing the Kings People Her Majestie sayes The Queens Answer about the Capuchin Friers at Denmark-House Aug. 17. 1641. It is much against her Will that they have gone abroad or have endeavoured to pervert any from their Religion and her Majestie is also very unwilling that any English People should resort there to Chappel but her Majesty will give Order to prevent these for the future And the Earl of Dorset said He would obey their Lordships Command and send for the Chief of the Capuchins and give him a strait Command not to suffer any of the Friers to go abroad nor any English People to come to them or to hear Mass there The Impeachment brought up from the House of Commons against the 13 Bishops was read Votes in the House of Lords about the Impeachment of the 13 Bishops and the House fell into Debate what time they should have to Answer and whether in this Debate they should be present in the House And it was Resolved upon the Question That the Lords the Bishops that are Impeached may Sit in this House without Voting when it is in Debate whether they shall have further time to Answer or not Resolved c. That such of the Bishops as are Impeached shall not Sit here in this House when the Merits of the Cause is in Debate Resolved c. That when the disposing of the manner of the Proceedings of the Cause is in Debate the Bishops may Sit in this House but not Vote The Letter drawn by the Committees of both Houses to the Lord General concerning Hull The Letter to the Lord General concerning Hull was read as follows May it please your Excellency I Am commanded by the House of Peers
the performance hereof their Pleasure is That you should continue there to wait upon his Majesty till you receive further direction or that his Majesty be pleased to come away for England Instructions of the Lords and Commons in Parliament to the Committees of both Houses now Attending his Royal Majesty in Scotland I. YOU shall acquaint his Majesty Additional Instructions to the Committee in Scotland That by your Advertisement both Houses have taken Notice of the Examinations and Confessions taken in the Parliament of Scotland concerning a malicious design affirmed to be undertaken by the Earl of Craford and others against the Persons of the Marquiss of Hamilton the Earls of Argyle and Lannerick having taken the same into Consideration they have good Cause to doubt That such ill-affected persons as would disturb the Peace of that Kingdom are not without some malicious Correspondence here which if those wicked Purposes had taken Effect in Scotland would have been ready to attempt some such mischievous Practices as might produce Distempers and Confusions in this Kingdom to the Hazard of the Publique Peace for prevention whereof they have given Order for strong Guards in the Cities of London and Westminster * The Debate about the Remonstrance of the State of the Kingdom in order to their possessing themselves of the Militia was many Weeks before in the House only this was a fair occasion for the attempt and have resolved to take into their Care the Security of the rest of the Kingdom II. You shall further declare to his most Excellent Majesty That the States of his Parliament here do hold it a matter of great Importance to this Kingdom That the Religion Liberty and Peace of Scotland be preserved according to the Treaty and Articles agreed by his Majesty and confirmed by Act of Parliament of which they are bound to be careful not only by Publique Faith in that Treaty but by their Duty which they ow to his Majesty and this Kingdom because they hold it will be a great means of preserving Religion Liberty and Peace in England Ireland and his Majesty 's other Dominions and the Union of all his Loyal Subjects in maintaining the Common good of all will be a sure Foundation of Honor Greatness and Security to his Royal Person Crown and Dignity wherefore they have resolved to Employ their Humble and Faithful Advice to his Majesty the Power and Authority of Parliament and of this Kingdom for Suppressing of all such as by any Conspiracy Practice or other Attempts shall endeavour to disturb the Peace of Scotland and to infringe the Articles and the Treaty made betwixt the Two Kingdoms III. You shall likewise inform the King That whereas Orders have been given by his Majesty with the Consent of Parliament for the Disbanding the Garrisons of Carlisle and Berwick the first whereof is already wholly disbanded and all the House and Eight Companies of Foot sent out of Berwick and only Five Companies remaining which likewise should have been disbanded at or before the 15th of this Month if they had not been stayed by his Majesties Command signified to Sir Michael Ernley Lieutenant Governor according to direction in that behalf and whereas by Order of Parliament Ships have been sent for the Transporting his Majesties Munition Ordnance and other Provisions in that Town and the Holy Island all which have been of very great Charge to the Commonwealth the Commons now Assembled in Parliament have declared That they intend to be at no further Charge for the longer stay and Entertainment of those Men or for the Demurrage of the Ships if by occasion of this direction they be kept out longer than was agreed upon Ordered That Mr. Speaker do write a Letter to Mr. Secretary Vane that in case the Committee of both Houses be come out of Scotland before the Letter and Instructions now to be sent can be delivered there unto them that then he shall he desired by this House to present the same unto his Majesty Saturday Octob. 23. Order for the Bishops impeached to have Councel This day upon the humble Request of the Bishop of Rochester on his own behalf and the rest of the Bishops which are impeached by the House of Commons before their Lordships concerning the late Canons c. It is Ordered That Mr. Serjeant Jerman Mr. Herne Mr. Chute and Mr. Hales being publiquely named in this House by the said Bishop and approved of by the House shall be assigned to be of Counsel with the Bishops that are impeached With this Proviso nevertheless That if any of the said Counsel shall upon just Cause desire to be Excused here and the House approve of the said Excuse That then he or they shall not be compelled to be of the said Bishops Councel as aforesaid The Commons being met there was a Report made of certain Troopers who had made a disturbance about a Tavern-Reckoning and the Guard in the Pallace-Yard being called to quiet them they fell upon them and cut the Drum but being taken and committed to Custody and one of them saying in Bravado That there were a thousand of them about the Town who if they were there would help them and make the Pallace too hot for the Guards they were Ordered to be sent to the Lords Bar to receive their Censure for this Misdemeanor But it struck such a fear into some of the Members of the Commons House that they immediately Voted what they had so often denied the King though his Word and Honor were engaged to the Spanish Ambassador to let him have some of the disbanded Troops for it was Votes to let the disbanded Soldiers past beyond Sea Resolved c. That the House is of Opinion and holds fit that Orders should be sent to the Officers of the several Ports requiring them to permit all such Soldiers of the late disbanded Army as shall desire it to pass beyond the Seas provided that they take such Oaths and perform such other Duties as are usually required according to the Laws Resolved c. That this House is further of Opinion and holds it fit That such other Soldiers of the late disbanded Army as are Strangers and not Subjects or Natives of this Kingdom shall have liberty to pass out of this Kingdom and to receive Entertainment of any Forreign Prince Sir Gilbert Gerrard carries up the Bill for dissabling all Persons in Holy Orders to exercise any temporal Jurisdiction or Authority and acquainted the Lords That the House of Commons desired there might be all speed in the passing of it for it much concerns the good of the Common-Wealth The Lord General Thanks given to the L. General by the House of Lords the Earl of Holland being now returned and having at a Conference given an Account of the disbanding of the Army It was Ordered by the Lords That this House gives Thanks to the Earl of Holland late Lord General of his Majesties Army in the North for
auxi mesmes les Communes remercierment les seigneurs Espirituelx Temporelx de lour bon droiturell Jugment quils auoint fait come Piers du Parlement That the said Commons returned thanks to the Lords Temporal and Spiritual for the good and upright Judgment which they had made as Peers of Parliament In the 2 of H. 6 John Lord Talbot accused James Boteler Earl of Ormond Rot. Par. n. 9. 2 H. 6. in Parliament of sundry Treasons and the Record saith That De avisamento assensu Dominorum Spiritualium Temporalium ac Communitatis Regni Angliae in eodem Parliamento existent ' facta fuit quaedam Abolitio delationis nunciatonis Detectionis predict ' c. By the advice and consent of the Lords Spiritual and Temporal and the Commons of England there was made a certain abolition of the said Accusation Relation and Discovery From which Presidents it is evident that the Lords the Bishops did Sit and Debate Vote and Determin in Causes Capital as well as the other Temporal Lords The third Position is that they are a third Estate in Parliament Which is proved both by undeniable Reason and undoubted Presidents and Records That there are three Estates in the Parliament of England is a matter on all hands allowed But some Persons who would bring down the Soveraignty to a Coordinacy do affirm that the King is the third Estate the Lords making one and the Commons the other which dangerous Position as it doth submit the Monarchy to great hazzards so it gave occasion and colour to the taking away of the Peerage of the Bishops the third Estate notwithstanding their Exclusion being according to this principle left as Intire in the Lords House as it was upon the Exclusion of the Lord Abbots in the time of King Henry the Eighth Now that the King is not one of the three Estates and consequently that the Lords the Bishops must be so and were ever accounted so evidently appears by the Records of our Parliaments which are cited to this purpose as follows In the Parliament of 1. H. 4. By the Roll it appears that King Richard the Second appointed two Procurators to declare his Resignation of the Crown coram omnibus Statibus Regni before all the States of the Realm and one of the Articles against him was concerning his Impeachment of Thomas Arch-Bishop of Canterbury coram Rege omnibus Statibus Regni before the King and all the Estates of the Realm And who all these Estates of the Realm were it most fully appears in that the Commissioners for the Sentence of this unfortunate Kings deposition are said to be appointed Per Pares Proceres Regni Anglia Spirituales Temporales ejusdem Regni Communitates omnes status ejusdem Regni representantes By the Peers and Nobility of the Kingdom of England Spiritual and Temporal and the Commons of the same representing all the Estates of the said Realm So that First the Bishops are declared Peers of the Realm in Parliament Secondly The Estates of the Parliament are to represent all the Estates of the Kingdom Clergy Nobility and Commons Thirdly The three Estates in Parliament are the Lords Spiritual the Lords Temporal and the Commons of the Realm In the Roll of Parliament Rot. Parl. 1. R. 3. 1. R. 3. it is Recorded That whereas before his Coronation certain Articles were delivered unto him in the name of the three Estates of the Realm that is to say of the Lords Spiritual Lords Temporal and of the Commons by name c. Now forasmuch as neither the said three Estates neither the said Persons which in their name presented and delivered as it is aforesaid the said Roll unto our Soveraign Lord the King were Assembled in Form of Parliament divers doubts have been moved c. Now by the said three Estates Assembled in this present Parliament and by Authority of the same be ratified and Enrolled c. Upon which Record Mr. Prinn himself makes this Marginal Note The three Estates must concur to make a Parliament no one or two of them being a full or Real Parliament but all conjoyned In the 3. H. 6. it is said in the Record Prinn Abridgments of Records p. 710. 714. the three Estates Assembled in this present Parliament In the Explanation of the Duke of Bedford's Power as Protector It is said it was advised and appointed by the Authority of the King Assenting the three Estates of this Realm so that it is plain that the King was not then accounted one of them Rot. Par. 3. H. 6. n. 19. 6. H. 6. n. 24. In the 11. H. 6. The Duke of Bedford appeared in Parliament and declared the Reason of his coming coram Domino Rege tribus Statibus Regni before the King and the three Estates of the Realm 11. Hen. 6. n. 10. and n. 2. n. 2. N. 11. Domino Rege tribus Regni Statibus in presenti Parliamento Existentibus Our Lord the King and the three Estates in Parliament being present where the King is plainly distinct from the three Estates 11. H. 6. N. 2. The Lord Cromwell Lord Treasurer Exhibits a Petition in Parliament wherein he saith that the Estate and necessity of the King and of the Realm have been notified to the three Estates of the Land Assembled in Parliament In the Appendix to the Rolls of Parliament that Year the Duke of Bedford saith in his Petition to the King How that in your last Parliament yit lyked your Hyghness by yaduis of three Estates of yis Land to will me c. 23. H. 6. N. 11. Presente Domino Rege 23. H. 6. n. 11. tribus Statibus in presenti Parliamento Existentibus c. Our Lord the King being present and the three Estates in the present Parliament Assembled 28. H. 6. N. 9. Domino Rege 28. H. 6. n. 9. tribus Regni Statibus in pleno Parliamento comparentibus c. Our Lord the King and the three Estates in full Parliament appearing c. 1. H. 6. 1. H. 6. The Queen Dowager in her Petition mentioning the Ratification made in Parliament 9. H. 5. saith it was not only sworn by the King but by the three Estates of the Kingdom of England Cest assavoir Les Prelatz Nobles Grands per les Comuns de mesm le Royalm Dengleterre That is to say by the Prelats Nobles and Great Men and by the Commons of the said Realm of England And since the Reformation In the 8 of Eliz. 1. 8. Eliz. 1. The Bishops are in Parliament called one of the greatest States of this Realm From all which Instances it plainly appears First That there are three Estates in the Fundamental Constitution of every Parliament Secondly That there are three Estates besides the King and consequently that he cannot be one of the three Thirdly that the Lords Spiritual the Bishops are a Third Estate of the Realm in Parliament
Parliament Assembled not for any Doubt or Ambiguity which may be conceived or thought of for or concerning the Premisses nor of the ensuing Questions But for the manifestation and declaration of the Clear Truth and of the said Laws and Statutes already planted and for many Ages past settled in this Kingdom the said Knights Citizens and Burgesses do therefore pray That the House of the Lords may be pleased to Command the Judges of this Kingdom forthwith to declare in Writing their Resolutions of and unto the ensuing Questions and subscribe to the same Quest 1. WHether the Subjects of this Kingdom be a Free People and to be Governed only by the Common Laws of England and Statutes of Force in this Kingdom 2. Whether the Judges of this Land do take the Oath of Judges And if so Whether under pretext of any Act of State Proclamation Writ Letter or Direction under the Great or Privy Seal or Privy Signet or Letter or other Commandment from the Lord Lieutenant Lord Deputy Justice Justices or other Governor or Governors of this Kingdom they may hinder stay or delay the Suit of any Subject or his Judgment or Execution thereupon If so in what Cases And whether if they do hinder stay or delay such Suit Judgment or Execution thereupon what Punishment did they incur for their deviation or transgression therein 3. Whether the Kings Majesties Privy Council either with the Chief Governor or Governors of this Kingdom or without him or them be a Place of Judicature by the Common Laws and wherein Causes between Party and Party for Debts Trespasses Accompts Possessions or Title of Lands or any of them And which of them may be heard and determined and of what Civil Causes they have Jurisdiction and by what Law And of what Force is their Order or Decree in such Cases or any of them 4. The Like of the Chief Governor alone 5. Whether Grants of Monopolies be warranted by the Law and of what and in what Cases and how and where and by whom are the pretended Transgressors against such Grants punishable and whether by Fine Mutilation of Members Imprisonment Loss and Forfeiture of Goods or otherwise and which of them 6. In what Cases the Lord Lieutenant Lord Deputy or other Chief Governor or Governors of this Kingdom and Council may punish by Fine Imprisonment Mutilation of Members Pillory or otherwise And whether they may Sentence any to such the same or the like punishment for infringing the Commands of or concerning any Proclamation of and concerning Monopolies and what punishment do they incur that Vote for them 7. Of what Force is an Act of State or Proclamation in this Kingdom to bind the Liberties Goods Possessions or Inheritance of the Natives thereof whether or any of them can alter the Common Law or the Infringers of them loose their Goods Chattels or Leases or forfeit the same by Infringing any such Act of State or Proclamation or both And what punishment do the sworn Judges of the Law that are Privy Councellors incur that Vote for such Act and Execution thereof 8. Are the Subjects of this Kingdom subject to the Martial Law And whether any man in time of Peace no Enemy being in the Field with Banners displayed can be Sentenced to death If so by whom and in what Cases If not What Punishments do they incur that in time of Peace execute Martial Law 9. Whether Voluntary Oaths taken freely before Arbitrators for Affirmance or Disaffirmance of any thing or for the true performance of any thing be punishable in the Castle-Chamber or any other Court and why and wherefore 10. Why and by what Law or by what Rule of Policy is it that none is admitted to Reducement of Fines or other Penalties in the Castle-Chamber or Council Table untill he confess the Offence for which he is Censured when as Revera he might be innocent thereof tho suborned Proofs or Circumstances might induce the Censure 11. Whether the Judges of the Kings-Bench or any other Judge of Gaol-Delivery or of any other Court and by what Law do or can deny Copies of Indictment of Felony or Treason to the Parties accused contrary to Law 12. What Power have the Barons of the Court of Exchequer to raise the Respite of Homage arbitrarily to what Rate they please to what Value they may raise it by what Law they may distinguish between the Respit of Homage upon the diversity of the true value of the Fees when as Escuage is the same for great and small Fees and are apportionable by Parliament 13. Whether it be Censurable in the Subjects of this Kingdom to repair into England to appeal to his Majesty for Redress of Injuries or other Lawful Occasions If so why and in what Condition of Persons and by what Law 14. Whether Deans or other Dignitaries of Cathedral Churches be properly and de Mero jure Donative by the King and not Elective or Collative If so Why and by what Law And whether the Confirmation of a Dean de Facto of the Bishops Grant be good or valid in Law or no If not by what Law 15. Whether the issuing of Quo Warranto's out of the Kings-Bench or Exchequer against Boroughs that antiently and recently sent Burgesses to the Parliament to shew Cause why they sent Burgesses to the Parliament be Legal If not what punishment ought to be inflicted upon those that are or have been the Occasioners Procurers and Judges of and in such Quo Warranto's 16. By what Law are Jurors that give Verdict according to their Conscience and are the sole Judges of the Fact Censured in the Castle-Chamber in great Fines and sometime Pillored with loss of Ears and bored through the Tongue and marked sometimes in the Forehead with an Hot Iron and other like Infamous Punishments 17. By what Law are men Censurable in the Castle-Chamber with the Mutilation of Members or any other Brand of Infamy and in what Cases and what punishment in each Case there is due without Respect to the quality of the Person or Persons 18. Whether in the Censure in the Castle-Chamber Regard be to be had to the words of the Great Charter viz. Salvo Contenemento c. 19. Whether if one that steals a Sheep or commits any other Felony and after flyeth the Course of Justice or lyeth in Woods or Mountains upon his keeping be a Traytor If not whether a Proclamation can make him so 20. Whether the Testimony or Evidence of Rebels Traytors Protected Thieves or other infamous Persons be good Evidence in Law to be pressed upon the Tryals of Men for their Lives or whether the Judge or Jurors ought to be Judge of the matter in Fact 21. By what Law are Fairs and Markets to be held in Capite when no other express Tenure is mentioned in his Majesties Letters Patents or Grants of the same Fairs and Markets Altho the Rent or Yearly Sum be reserved thereout 22. Whether it stands with the Integrity of the
might be secured lest the same Design might be intended by them here which they have cause to fear Next That there were divers Laws and good Motions sent up to the Lords for the good of this Church and Common-wealth and that the great Impediment which did arise there that they passed not was from the Bishops and they did conceive that so long as their Votes was in the Parliament it would be a hindrance to the Progress of all good Laws and Motions and therefore they desired a further endeavour to take away their Votes This being thus said by them they put it to the Vote for lending Money and not one Hand or Vote against it And they did further declare That if the Lord Mayor would send to every Ward they would presently pay the Money or subscribe to do it in a short time The Reader may now observe That the City began to Dance after the Pipe of the Faction at Westminster and to load the poor Bishops with being the Cause of the stoppage of the intended Reformation They had wrested the Lord Mayor's Prerogative from him in the Election of one of the Sheriffs as before was shewn and did with great industry endeavour to get the Government of the City out of the hands of those who were of known Loyalty to the Crown and Affection to the Church The Faction in the Commons House needed not this Spur to quicken the Career of their Animosity against the Lords the Bishops however it was extream welcome to them and an usual Artifice by their Agents to put both the City and Country upon Directing and Petitioning what they had a mind to bring to pass this gave a great colour to their proceedings as being agreeable to the desire of the Nation the mind of the People of England and the wishes of the City for those of their Tribe though not the 40th part of the City Nation or People yet they took upon them these great Names And this Arrogant Usurpation of making themselves the Representatives of the good People of England was a vanity which was inseparable to the Party and which we shall find them making Use of upon all occasions The House of Commons thereupon fell briskly upon the Plea and Demurrer of the Bishops which was read twice The Bishops Plea and Demurrer voted Dilatory and then it was Resolved c. That this Plea and Demurrer of the Bishops is Dilatory and insufficient This Vote seems to be given at all adventure for after the Vote a Committee was appointed to consider of the Plea and Demurrer and to present their Opinion what they think fit to be done upon it and after some time Serjeant Wild Reported That after a long Debate in the Committee and variety of Opinions they came at last to this Conclusion That this Plea and Demurrer is Dilatory and insufficient just as the House had Voted before and without shewing any Reasons why but that these 12 Bishops have made no Answer and therefore to desire the Lords That they may put in a peremptory Answer such as they will stand unto There is not the meanest Freeholder in England but by the Common Law of England ought to have had the Liberty to have a Demurrer argued and unless it could be over-ruled by sound Reason and Law it must have been allowed a good Plea and yet these venerable Men who had all the security that the Magna Charta the Common and Statute Law could afford them for their Right of Peerage and Voting in Parliament could not be allowed that Common Right but without the least shadow or Error in the Plea and Demurrer assigned must be obliged to give another Answer This was the Justice of those Men and Times But it was no wonder to see them violate the Laws of Reason Religion and their own Nation for even the Law of Nations as you have seen before in the Venetian Ambassadador's Case whose Letters were opened at their Instance and Direction was not able to preserve its Sacred Power For a Complaint was brought to the Commons House by Segnior Amerigo the Agent of the Duke of Florence that under pretence of searching for Priests his House was broken open by Persons who shewed their Authority for it And hereupon even shame The Agent of Florence outraged lest Foreign Nations should withdraw all Commerce and Correspondence from them who violate the Common Law of all Nations obliged them to appoint a Committee To consider of the Outrages these are the words of their own Journal offered to Segnior Amerigo Agent to the Duke of Florence and likewise to consider of the Abuses of those Men that are imployed by this House for apprehending of Priests and they are to consider of some fit way of Reparation to be made to Segnior Amerigo and to present them to the House This day a Petition of the City of London was read Monday Novemb. 15. Touching the abuse of many Protections which was to the stopping of Trade c. but because the Petition was too General it was agreed it should be delivered back again to be mended and then their Lordships will consider further of it A Message was sent from the House of Commons to desire That the Examinations taken by the Lords Committees concerning the Plot of the Army may be sent down to the House of Commons to be made use of The Examinations were delivered Sealed to the Clerk of the Parliament and it was Debated Whether they should be openly read in the Lords House before they were sent down and upon the Question it was Resolved That they should and thereupon they were opened and read acccordingly They had now a Necessity to revive the Business of the Design of bringing up the Army that by the Assistance of that which they made a mighty Plot they might inforce the great Necessity of the King 's parting with all his Friends in Power and Trust under the Notion of Evil Counsellors with which Debate the House of Commons was in a manner now wholly taken up but sure they were the most Fortunate Persons in the World to be upon all Occasions furnished with the discovery of fresh Plots to carry on their Designs and give them countenance among the Amazed and Affrighted People and one lies under the Temptation of believing that they were the Contrivances of the Faction rather than Realities when it is observed how luckily the Discoveries happened to fall in with their other Designs For in the very nick of time when they were at a dead-lift to get the House of Lords purged of the Popish Beal's Plot. and Popishly Affected Lords and Bishops up starts one Beal a Taylor and Discovers a mighty Plot. For this Day a Message was brought from the House of Commons by John Hampden Esq to let their Lordships know That this Day there came a Man to the Door of the House of Commons and sent in Word That he had Matters of a high
not to tender a thing called a Plea and Demurrer As also that the Commons conceive they ought to have been called in this Case for that they have desired it in both their Charges to be present at their Answer and that it was their Right to have been called Further They observe the long delay to the Commons for that they having charged these 13 Bishops long since for meer matter of Fact to be brought so late to Answer may introduce great inconveniencies in this particular and in the Consequences and is not Exampled by former Precedents That therefore upon these Grounds the Commons desire the Lords they may be admitted to make good their proof against these 13 Bishops and that they may be brought to Judgment It was this day Ordered by the Lords Tuesday Decemb. 7. Some Causes in Parliament determinable in no other Court That Forasmuch as the Cause between Smith and Busby in a Writ of Error decidable in no other Court but in Parliament in regard the Suit was Commenced by Original Writ and depending long before the Lords here it having been sundry days attended for Argument with Counsel And being it is a matter in Law the presence of the Judges is thought needful and so cannot be heard in the Term without prejudice to the several Courts of Westminster-Hall It is therefore Ordered by this House That the said Case shall be argued at this Bar on Thursday Sevennight next being the 16th of this Instant December and the Judges are desired to be present at the said Argument And further That the Parties of either side or their Council are to attend and come prepared for arguing and debating the Points in the said Case at their perils The following Commission to give Power to the English Commissioners of both Houses to Treat with the Scots Commissioners touching the Affairs of Ireland was read viz. CHARLES by the Grace of God The King's Commission to several Lords and Commons to treat with the Scots Commissioners concerning assistance for Ireland c. To Our right Trusty and right Well-beloved Cousin William Earl of Bedford and to Our right Trusty and right Well-beloved Cousin and Councellor Robert Earl of Leicester Lieutenant General and Governor General of Our Realm of Ireland as also to Our Trusty and right Well-beloved Edward Lord Howard of Escrick and likewise to Our Trusty and right Well-beloved Nathanael Fines Esq Sir William Armyn Baronet Sir Philip Stapleton Knight John Hampden Esq Greeting Know ye That We reposing assured Trust and Confidence in your approved Wisdoms Fidelities and great Abilities have Nominated Constituted and Appointed you to be our Commissioners and by these presents do give full Power and Authority unto you or any Three or more of you whereof the said Earl of Bedford Earl of Leicester or Lord Howard to be one to Treat and Consult with Our Right Trusty and Right Well beloved Cosins William Earl of Lothian and John Earl of Lindsay Our Commissioners of Our Scottish Nation of and concerning Our Irish Affairs for the quieting and suppressing of all Tumults Insurrections and Rebellions moved and raised in Our Realm of Ireland and settling Peace and Tranquillity therein according to such Instructions and Directions as you shall hereafter from time to time receive from Vs in that behalf Wherefore We Will Require and Command you or any three or more of you whereof the said Earl of Bedford Earl of Leicester and Lord Howard to be one forthwith with all diligence to attend the Execution of this Our Commission accordingly And whatsoever you shall do in this behalf according to the Tenor hereof this Our Commission shall be your sufficient Warrant and Discharge for the same Witness Our Self at Westminster the 7th day of December in the 17th Year of Our Reign c. The late Bishop of Lincoln now Archbishop of York Late Bishop of Lincoln now Archbishop of York Reports the Conference concerning the Bishops Impeached Reported the Conference with the Commons Yesterday concerning the Impeached Bishops which because it differs from the Heads Reported for that purpose by Mr. Glyn in the Commons Journal I thought it not amiss to insert His Grace Reported That Mr. Glyn said That the Knights Citizens and Burgesses of the House of Commons having lately received a Message from their Lordships that their Lordships had appointed this day to hear the Plea and Demurrer of the Bishops and that such of the House of Commons might be there as they thought fitting commanded him to deliver unto their Lordships these Particulars That the Canons and Constitutions in Question were voted by both Houses to contain Matters contrary to the King's Prerogative the Laws of the Land the Right of Parliament the Propriety and Liberty of the Subject and many matters tending to Sedition and of dangerous Consequence That thereupon the House of Commons to the intent to bring this Matter to Judgment brought up their Impeachment of the 13 Bishops 4th Augusti last which was read verbatim This was all that was acted 4o. Augusti But least this Impeachment might prove too general they brought up a second Charge or Impeachment 13 Augusti which was read in haec verba Whereas the Knights Citizens c. which to avoid Tautologies the Reader may see before in the Transactions of the 13 August By the bringing of this second Impeachment the House of Commons conceive they had satisfied two main Objections 1. That the Book of Canons and Constitutions was not particularly instanced upon in the first which now they punctually deliver with the Impeachment 2. That they had not before charged any thing in particular but now they did That all and every the said Canons and Constitutions and Grants of Benevolence c. were and are contrary c. as in the Vote And hereupon they desired the 13 Bishops might be put to their Answers and yet for all this Desire of the Commons 13. Augusti they had several times which spent almost a Quarter of a Year given them to answer in Their last and peremptory day was the 10th of November last and then they put in no Answer at all but a certain Writing which they are pleased to call a Plea and Demurrer Vpon notice hereof the House of Commons returned an Answer That whereas they had impeached 13 Bishops whereof one of them had pleaded Not Guilty and the rest had neither confessed nor denyed the Impeachment they desired a prefixed day to descend to Proofs and make good the Charge Soon after they received a Message from their Lordships That their Lordships had appointed this day to hear the Demurrer argued Hence it appears That notwithstanding divers daies are given to the Bishops to answer nothing is brought in but a Plea and Demurrer which was not to be admitted for two several Reasons 1. No Defence ought to be made to an Impeachment brought in by the Commons but in the presence of the Commons and it ought to be
be taken for the reâ—â—ring of them that the Towns and Castles of Carrick-fergus and Colerain shall be put into the hands of the Scots to be places for their Retreat Magazines and Garrisons And that those Towns and Castles shall remain in the Scots hands untill the Wars shall end or till they shall be discharged of that Service this House holds it fit likewise to accept of the Publick Faith of the Kingdom of Scotland for the redelivery of the said Castle and Towns and that the Kingdom of England shall give Publick Faith for the Payment of all Dues that shall arise upon this present Service Resolved c. That for the Provision of Victuals for the Scots Army Money shall be advanced out of their Pay to enable them to make Provision which they may make out of any Parts of England and Wales to their best advantages and that to Transport it they shall have the same assistance for providing of Shipping from the State that the English Army hath And that his Majâ—â—y shall be moved to grant his License for the Transporting thereof Custom-free Caution being given that under colour of such Provisions victuals be not carried to the Rebels And if this Proposition be not accepted then the like Provisions shall be made for them as shall be made for the English Army And the rest of the Article is assented to Resolved c. That this House holds it fit to Assent to the Scots third Proposition and that Power shall be given to the General there to raise Horses for the Service exprest in the Article at the publick charges of that Kingdom as they shall have occasion to use them Resolved c. That this House holds it fit to Assent unto the Scots 4th Proposition Resolved c. That the Scots shall go in the Way and Order of an Army under their own General and Subaltern Officers which General shall have the same Pay that the Scots allowed when they imployed one themselves and that they shall have the Province of Ulster appointed wherein they shall first prosecute the War And to that part of the Article concerning Power to give Conditions to Towns Castles c. as shall be most expedient for the Service it is assented to but not to give any Toleration for the Popish Religion To be treated on further That their whole Army should be Commanded out of the Circle by the Lord Lieutenant of Ireland if he shall think fit before the Rebellion be totally Suppressed in Ulster as also that a third part of their Army may be drawn away upon occasion Resolved c. That the Scotch shall be entertained and paid for three Months and that they shall have a Months Pay advanced before hand and shall be afterwards Pay'd as the English Army is This to be the Answer to the first part of the sixth Article the House doth assent unto the Rest Resolved c. That the seventh Article shall be recommitted All which Votes of the Commons were read before the Lords but nothing further done in it at this time Then a Conference was had between the two Houses touching the Kings Message concerning the Lord Kymbolton and the Five Members of the Commons House where this following Vote of the Commons was communicated to their Lordships for their Concurrence and the Lords did in terminis concur with them in it Vote of the Lords and Commons against the Attorney General and it was Resolved c. That the Impeachment made by Mr. Attorney in the House of Lords against the Lord Kymbolton and the five Members of the House of Commons and the proceedings thereupon is a high breach of the Priviledge of Parliament Whereupon a Committee of 21 Lords and a proportionable Number of Commons were appointed to draw an humble Petition to his Majesty that those that did inform his Majesty against the Members mentioned in the Messages from his Majesty may come in betwixt this and next Thursday to charge them or else that they may be freed in such a way Election for a Burgess for Arundell as the Parliament shall think fit In the House of Commons a Debate happened this morning concerning the Return of a Burgess for the Town of Arundell which came to this Vote Resolved c. and Ordered That Mr. Downes who is returned a Burgess for the Town of Arundell in â—he County of Sussex under the Common Seal of the Town by the Mayor of that Town shall be presently Sworn and admitted as a Member into the House until such time as the Election be Determined And to make it sure that he should continue so the Question being put for the reviving of the Committee for Priviledges it past with the Negative And it was further Ordered That the High Sheriff of the County of Sussex who has Returned two Indentures for the Town of Arundell shall be Summoned to appear here at the Bar to amend his Return Then Sir Henry Mildmay acquainted the House Marquess of Hamilton's Complement to the Commons concerning the Arms at Fox-Hall That the Marquess of Hamilton was Yesterday informed That this House had made an Order for the removal of a 1000. Musquets and several Pieces of Ordnance from Fox-Hall to the City of London for more safety in these times of trouble He saith That he had some Pieces of Ordnance there belonging unto him which were given him by the King of Sweden but however was willing that this House should remove them to London or elsewhere and to remain there as the House shall think fit Upon the Debate of the Conference to be desired with the Lords concerning the Lord Digby and the Kingston Business Sir Philip Stapleton made this following Speech Mr. Sir Philip Stapleton's Speech concerning the Lord Digby Collonel Lunsford Jan. 15. 1641. Speaker IT is the continual practice of the Devil after any of his Works of Darkness and Maliciousness intended against God and his Christ is discovered and Annihilated by the special Power of Divine Providence to practice new being always striving to encrease his own Kingdom always winning to himself fresh Instruments to yield to his Suggestions and Temptations and Execute the same I am now to speak concerning this new Treachery and Conspiracy endeavoured to be practised by two Eminent Persons that have especially the one of them obtained the Favour not only of their Prince but applauded for their better Parts by most of his Majesties Subjects the Lord Digby and Coll. Lunsford The first had the Honour to sit in this House as a Member thereof so well approved was he both of his King and Country none more Fervent against evil doers at the first then himself seemed to be both by his Speeches and Disputes but in heart always as it seems Favouring the Bishops and their Cause although it seemed but a little yet increasing daily more and more grew to such strength in his oâ—â—ion concerning his own worth that he adventured to take part
Authors of our miseries is the Bishops and their Adherents favourers of the Romish and Arminian faction that have with a high hand and stretched out Arm in their several places of Power and Jurisdiction both spiritual and temporal exercised crueâ—â—â— and tyranny over the Children and Saints of God binding the Consciences of free Subjects only to their opinions and commands in the Exercise of their Religion with extremity and greatest severity inflicting punishment upon those of tender Consciences that shall refuse the same enjoyning all of the Clergy under their Authority to teach only such things as may serve only to the defence and maintenance of their devised doctrines and Tenents of their superiours preaching the same out of Fear not Conscience these corrupt Bishops Lords over their brethren and fellow servants in the Administration of the Mysteries of Salvation have been the prime Authors of all the troubles we are now incumbred withal I speak not Master Speaker altogether against their persons but even their Offices and Places of authority as now they are used contrary to the true intent of the Apostles in the first admitting of the ordination of Bishops in these particulars as I under favour conceive First their denomination and style Lord Bishops we find not any where allowed nay not named in Scripture Secondly they joyn not with their authority teaching and constant preaching of the word of God warranted by the same but separated contrary thereto Thirdly joyning with their Spiritual Power temporal Jurisdiction usurping to themselves the only Office of the Magistrate Fourthly procuring to themselves places of Judicature chief Judges in great Courts as their High Commission late Star-Chamber and the like which are all contrary to the rules and ordinances of Divine-Writ We cannot otherwise conceive or expect as long as their Offices thus corrupted remain without limitation or correction that ever there will be true Religion setled in this Land or any peace or unity of hearts and affections in this Kingdom being too apparent to all the world that from age to age since the Prelates have had such power and command in the Common-Wealth they have bin either the roots and founders or Actors and Competitors with others of all the divisions and dissentions that have ever been in this Kingdom either between the Prince and his People or between the Prince and his Parliaments and still such persons of perverse Spirits possess such Offices Secondly I come to shew you these their practises how they have and still endeavour to bring to pass their wicked designs they are known already I verily believe both to you and almost all men that is * * Most notorious falshood by Innovating Religion joyning with the Church of Rome approving as well of the Doctrine as Ceremonies thereof endeavouring to bring all others into the same opinion with them especially the Lords and Grandees of this Kingdom to perfect this they raise divisions between the King and his Subjects between King and Parliament between Lords and Commons and between the Commons themselves to raise Mutinies Insurrections Rebellions amongst his Majesties good Subjects open Wars between his Majesties Kingdomes one against another and all under pretence of the Religion to defend the Office Power and Jurisdiction of Bishops above all others yea that their Spiritual power is above the Kings in Ecclesiastical causes and the like all which we have had woeful experience of Thirdly and lastly the means whereby we may remedy these evils is First to regulate and rectifie their unlawful and usurped Power and Jurisdictio and settle such a form of Government in Religion as shall seem to the Wisdom of this House to come nearest the Word of God And Secondly with all speed as we possibly can upon Triall bring to deserved punishment these Prelates and Bishops that have been the only Authors of all our miseries Thus did these Vultures and Harpies accuse the innocent Doves upon whom they intended to prey and Quarry but God be praised We have found though by woful Experience who were the Occasions of all those dreadful Miseries those Wars and Bloodshed that Tyranny and Usurpation under which the Nation so long groaned which from the Day that it saw the Bishops excluded from the Execution of their Function and from their Right never saw one happy Day till by the Miracle of Providence they were by the Restauration of the Illustrious Son of the Glorious Martyr repossessed of their Office and Rights Then Sir Philip Stapleton Reported the Paper of Thanks to be returned to the Scots Commissioners which was in these Words The House of Commons having considered The Thanks of the House of Commons to the Scots Commissioners for their Papers to the King and Parligment both that Paper given in to them from the Scottish Commissioners upon Saturday last as likewise their Advice lately given to his Majesty by occasion of the present Troubles which at the intreaty of the said House they have communicated to them and finding therein a large Testimony of their Fidelity to the King of Affection to this State and of Wisdom for the Honor Security and Peace of his Majesty and Kingdoms doth hereby declare That they have herein done that which is not only acceptable to this House but likewise that which is of great Advantage to both Nations and therefore have Ordered That Sir Philip Stapleton Mr. Hampden Mr. Fiennes Mr. Pym Mr. Arthur Goodwin Sir Henry Vane ju or any three of them shall return them very hearty and affectionate Thanks in the Name of this House and this House doth further desire them That according to their Affections already expressed they will continue their Care and Indeavors to remove the present Distractions among us as also to preserve and confirm the Vnion between the two Nations so happily begun And that this might appear to be not only a verbal Acknowledgment It was this day Ordered That the Citizens that serve for the City of London do take Care that the Scots Commissioners do pay nothing for their House Rent and Furniture belonging unto the same and this House will undertake to see the same satisfied After this one Ralph Hope being at the Bar informed the House of Commons That 4th Jan. instant Serjeant Dendy came to Mr. Weekes his House at the Gate-House Information against Serjeant Dendy and required of him if Mr. Hollis lay there whereupon he asked the Serjeant What his Business was the Serjeant bid him tell him his Name he answered if he would tell him his Business he would tell him his Name whereupon he said I charge you upon your Life to tell me where Mr. Hollis is for he is a Traitor how dares Mr. Weekes lodg a Traitor in his House he said he must have him and would have him for he was a Traitor Whereupon it was Resolved c. That Mr. Dendy Serjeant at Arms shall be forthwith sent for as a Delinquent by the Serjeant at Arms attending
Plot against Mr. Pym by way of Plaister 496. of one Beal a Taylor 646. Plot in Army 653. against the House of Commons 836. against some Lord 843. Pluralities a Bill against them 257 a Proviso for Chaplains c. 496. Poll Bill the Rates 293. a Record concerning it 324. past the House of Lords 325. and the King 327. Poll Money an Order concerning it 458. Captain Pollard committed on suspition of Treason 288. bailed 324 voted to have his Pay 477. voted guilty of Misprision of Treason and expell'd the House of Commons 725. Earl of Portland 's Defence against the Commons who would remove him from his Government of the Isle of Wight 655. Ports ordered to be stopt 232. Portsmouth Garrison Money ordered for it 449. Order of the House of Commons for its security 845. Marmaduke Potter a Witness against the Earl of Strafford 54. Sir Herbert Price sent to the Tower for bringing in Candles without Order 272. discharged 288. Priest of the Venetian Ambassador Imprisoned 394. Priests and Jesuites ordered to be Apprehended 647. Priests Condemn'd interceded for by the French Ambassador 719 731. Vote of the House of Commons that they be Executed 732 740. Prince see Charles Printer Imprison'd for an Elegy on the Earl of Strafford 246. bailed 324. Printing of the Orders of the House of Commons when first 390. Priviledge broken by giving the Lye to a Peer 380. by the Kings Speech 739. and by his coming to the House of Commons to demand the 5 Members 822. Proclamation of the Earl of Strafford concerning the Importation and Sale of Tobacco 66. Proclamation to bring in Mr. Percy c. 233. for disbanding the Horse 429. for establishing Religion 730. for absent Members to attend 736. against Tumults 786. for suppressing the Irish Rebellion 809. Proclamation of the Lords Justices of Ireland for stopping the Rebellion 522. for satisfaction of the Lords and Gentlemen of the English Parliament 631. for strangers to depart Dublin 637 638. against the Calumny of the Rebels acting by the Kings Commission 638. forbidding Soldiers to return to England 918. Proposition concerning Ecclesiastical Affairs presented to the House of Commons 301. ten Propositions of the House of Commons to be presented to the King upon his going for Scotland 310. debated 317 373. five new heads added 394. Propositions of the Scots Commissioners and the Answer of the English Commissioners for concluding the Peace 421. of the House of Commons to the Scots Commissioners for the Kings stay Fourteen days 433. of the French Ambassador for Soldiers 436. of the Scots Commissioners upon the difficulties of marching their Army home 438. of the House of Commons to the House of Lords about the Irish Rebellion 524. several invidious Propositions of the House of Commons at a Conference 737. Propositions of the Scots Commissioners about assistance for Ireland 742 762 778 782 799. of the House of Commons about the Irish Parliament 768. of the House of Lords to the House of Commons about the Scotch assistance for Ireland 768. briskly answer'd by the House of Commons 771. Protections complained of by the Londoners 509 646. Votes of the Committee upon it 510. Case of Mr. Benson about it 595. Votes about it 596. Protestation of Secresu required by the House of Commons of their Members 11. a Protestation ordered to be printed and sent into all Counties 229. Direction for taking it ibid. taken by some Recusant Lords 237. Jesuitically explain'd by the Presbyterian Commons 241. A Bill for imposing it rejected by the House of Lords 414. imposed on the Tower Guards 466. Protestation of six Lords against publishing the Order about Tumults 483. of both Houses concerning the breach of Privilege by the Kings Speech 750. of divers Lords against putting off the Debate of the Tower 779. of the Bishops 794. of the Lords dissenting to the Vote about the Lieutenant of the Tower 882. of the Irish Parliament against the Rebellion 898. Pryn ordered to be restored to Lincolns-Inn 251. Public Faith a Bill for it 437. Pury an Alderman of Glocester his Speech against Deans and Chapters 289. Sir Robert Pye a Witness against the Earl of Strafford 39. Pym moves for a Grand Committee about Irish Affairs 5. one of the Committee to prepare a charge against the Earl of Strafford 7. impeaches him in the House of Lords ibid. delivers the Articles against him 8. his Speech upon that occasion 9. carries up Articles of further Impeachment 11. appointed a manager of Evidence against him 29. his Speech at the Trial 30. his Reply to the Earl of Strafford 's defence 47. his Speech at summing up the Evidence 145. his Speeches ordered to be Printed 237. Order to stop a Suit against him 393. his Report of what had been done during the Recess 488. a Plot against him 496. his Speech at the Conference for excluding the Bishops from voting in the case of the thirteen Impeach'd 500. his Speech concerning evil Councellors 619. Impeached of High-Treason 811. Q QUaerie's put to the Judges about matters in Parliament 374. Quaeries proposed by the Irish Parliament to the Judges there 572 575 584. Queen present at the Trial of the Earl of Strafford 29. a Conference about her Journey to the Spaw 390. Reasons against it 391. a Message to her about it 392. her answer 393. her Message to the House of Commons about it 405. answer to their thanks 406. her answer about the Capuchins 448. complemented by the Commissioners of both Houses for Scotland 452. her Answer 456. Message to her about the Prince 597. her Answer ibid. her Answer concerning Fa. Philips 605. Information of a design to seize her c. 781. Queen Mother a Conference of both Houses about her 237 247. Tumults about her ibid. a Message concerning her 329. Mr. Quelch Minister of St. Bennet Grace-Church inform'd against by Alderman Penington 776. bailed 884. Grand Question concerning Bishops Votes in Capital causes an Abstract of it 503. R. RAbble Tumult about the Spanish Embassadors house 187. stop the Lord High Steward 188. post up the conscientious Members under the name of Straffordians Ibid. They Petition against him 189. Raby the Title of Baron of it conferred on Sir Tho. Wentworth 3. Sir George Radcliff impeach'd by the House of Commons 8. has liberty to take the Air 412. his Petition to the House of Lords 464. Articles against him by the House of Commons of Ireland 570. Rails about the Communion Table pull'd down by the Sectaries 271 322 389. trouble about them 491. Railton a Witness for the Earl of Strafford 54. Lord Ranulagh a Witness in the Case of the Earl of Strafford 36 57 59 83. 70 71. Rebellion see Irish Reasons of the Lords for Bishops voting in Parliament 259. answered by the House of Commons 260. Reasons against the Queens Journey to the Spaw 391. against the King's Journey to Scotland 430. of the House of Commons for sitting on the Lord's Day 436. of the King for not signing