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

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House Voted that he had done a contempt to the House of Commons and that it disturbed the Church and Commonwealth Since that they find that Book was countenanced and defended by Bishops and others At the last Parliament the House again took it into consideration and Voted that Mountague had sowed Sedition and Endeavoured to Reconcile us to Rome Now it was thought good that an addition should be made to the Articles against Richard Mountague Clerk First That he about 21. Jac. Printed a Book called a Gag for the Puritan and about the 22. Jac the Treaty of the Invocation of Saints and 1 Caroli an Appeal to Caesar in every of which he affirmed divers Opinions contrary to the Articles of Religion and by his so doing hath broke the Laws and disturbed the Peace of the Church He said that the Church of Rome had ever remained firm in their Doctrine and that the Sacrifice of Masses c. And also that contrary to his Duty and Allegiance under the name of Puritans he had laid vile Aspersions on divers conformable Persons And also he labours to draw Men to Popery by subtile and secret ways His Appeal hath divers passages that are contumelious to his Majesties Father King James and to divers Worthy and Learned Divines For all which the ommons Pray he may be Punished for thus disturbing the Peace of the Church and State Two cautions are observed first we meddle not with Inferences and Collections but with immediate contradictions to the Articles of Religion and the Book of Homilies also he is not charged with opinions contrary to the Divines of England He recites the Articles as if we may depart away from grace the word away is not in the Articles Also the Articles do not say that Men justified may fall away from that State As for the Homilies for the word away he puts in fall away Also he seems to make difference between the Church in foreign Parts and the Church of England As for his charge of Sedition it is clear by dividing the Kingdom under the name of Puritans labouring to bring his Majesty in jealousie with 〈◊〉 Subjects and to stir up others in hatred against such First he lays the name of Puritans upon the Kings Subjects that are dutiful and honest Subjects In truth at the first this word was given to them that severed themselves from the Church but he says there are Puritans in heart and Puritans in Doctrine as of Predestination and Reprobation Also this division and aspersion is new and under this name he comprehends some of our Bishops Also he labours to bring those persons into dislike with his Majesty as dangerous persons he says they are a potent Faction that Authority is a mote in their eye and they are cunning and active men And he concludes Domine Imperator defende me gladio ego te defendam calamo Also he labours to bring them in scorn in his Appeal they hold the Cross of Christ in as great despite as Julian Also he withdraws the Subjects from their Religion to Popery and he introduceth those mischiefs that the Law seeks to prevent By the Law 1 Eliz. and other Statutes it is Treason to withdraw any from the Religion established but he cunningly infuseth Popery He saith the points of Controversie between Vs and the Papists are Arbitrary and that we and they assent in some Opinions as in the point of Free-will that their Opinions and ours are all one and for the point of real Presence for which so many have suffered death he saith that they jangle without cause Also it was desired that those Absurdities and Consequences we lay upon the Papists for the point of Free-will may be spared and that they are Bugbears c. And for converting men to Popery he speaks favourably of the Pope that he is the first and greatest Bishop and fit to determine Controversies and that the Pope is not Antichrist he spends a whole Chapter in that and that the Romish Church is part of the Catholick Church we mention in our Creed and for Popish Ceremonies he commends and approves Pictures in Churches and so for the Cross he saith Caro signetur ut anima Also he labours to reconcile Papists and Vs whereas if we offer Composition we lose or part with somewhat Also he lays Scandals on us and our Doctrine that there is no certainty in our points of difference and that our Divines themselves differ Also he favours those Practices that have been used by the King's Enemies A Spaniard saith Nothing is better for the ruine of the English than to establish a Faction amongst them which he labours to effect His Tenents Dishonourable to K. James who was diligent to prevent Arminianism now he labours to discredit the Synod at Dort Also K. James in his learned Works proves the Pope to be Antichrist but Mountague said he never had a probable Argument thereof Also he puts Disgraces on Protestant Divines that Calvin Perkins and Beza are Dictators and that Beza doth Puritanize and Dr. Whitacre that he was a man of their side His prophaneness in speaking of Preaching and other Exercises of Religion in preaching in Pulpits they brawl c. and Conferences after Sermons he calls them Prophetical Determinations and to chew the Cud as after Lectures Bible bearers c. It was Ordered That the Articles be presented to the Lords and that Mountague be transmitted to the Lords After which the Parliament was Prorogued to the 4th year of that King's Reign where the Commons were upon him again and questioned a Pardon he had got in the time of Prorogation but shortly after the Parliament was dissolved § 2. Some Presidents wherein the House of Commons have for misdemeanors turned out and discharged their Members I. ANno 27 Eliz Dr. Parry for several misdemeanors and crimes was disabled to be any longer a Member in the House II. An. 18 Jac. Sir Giles Mompesson for being a Monopolist and for other great and insufferable crimes by him committed to the abuse of his Majesty and grievous oppression of the Subjects was 1. Turned out of the House 2. Committed to the Tower And after Impeached before the Lords who gave Judgment upon him 1. To be degraded of the Order of Knighthood 2. To stand perpetually in the degree of a person Outlawed for Misdemeanors and Trespasses 3. His Testimony never to be received in any Court nor to be of any Inquisition or Jury 4. To be excepted out of all general pardons 5. That he should be imprisoned during his life 6. Not to approach within 12. miles of the Courts of the King or Prince nor at the Kings high Court usually held at Westminster 7. That the King should have the profits of his Land for life and all his Goods and Chattels and should be Fined at 10000 l. 8. He was also disabled to hold or receive any Office under the King or for the
shall be Called 2. Whether the Serjeant shall be sent for such as are absent having no reasonable excuse 3. Whether the House shall be Called on Monday come seven-night in the afternoon Which were all resolved in the Affirmative with this further direction that the absent were to be sent for by the Order of the House and by Warrant under Mr. Speaker's hand And upon the whole matter a Special order conceived The Copy whereof was sent to sundry Members that were absent that they might be more sensible of the reason and necessity of their Attendance The form of the Order was THis day Mr. Speaker delivered a Message from His Majestie importing a Consideration of the weight of the great cause in hand of the study and travel that hath been taken in the understanding and furtherance of some good Success therein by sundry Members of the House and of the duty and necessity of the attendance of every Member Representing in his Voice and Person a Shire City or at least a Town the special use and service of the Lawyers of the House the great contempt in departure together with his Highnes's gracious Offer of his Royal power and Assistance to be added to the Authority of the House for the recalling or punishing of any Member Deliuquent in this behalf Whereupon the House entered into dispute and deliberation what course were fittest to be taken as well for the continuing of such Members as are here already Assembled as for the return and attendance of those absent to partake of and assist in the great service in hand And after many courses and new devises of Order propounded to the House It was at last Resolved upon three several Questions First that the House should be called Secondly that upon the calling such as were found to be absent and had no just cause of Excuse should with the privity and direction of the House by Warrant under the hand of Mr. Speaker And by the Serjeant at Arms Attendant upon the House or by his Deputy be immediatly sent for and answer Fees and Entries to the Officers as in Case of breach of Priviledge or other Contempts to the House Thirdly and Lastly That upon Munday next come Sevenight in the afternoon of that day the House shall be called Mr. Hide the last day immediatly upon the Kings Message Pleading certain businesses of his Clyents and other his private occasions of profit and necessity as he pretended made known to the House that he would go out of Town and so took his leave in open audience without the Assent or Leave of the House which was taxed And Mr. Speaker warranted to Write unto him which he did in this Form The Form of the Speaker's Letter to Mr. Hide AFter my very hearty Commendations sithence your departure hence there hath been Complaints made to the House that you have gone without Leave and Contrary to His Majesties pleasure signifyed and the express Order of the House This bred great dispute and it was in a manner Resolved that you should be presently sent for by the Serjeant as being conceived to be a president of ill example and contempt other Mens Cases Considered with yours which led me to interpose this motion to the House That if you came not before Munday next the day appointed for calling of the House you might then be proceeded withal as the Case did require And my self offering to Write to you for that purpose they desisted and left it to my care Nevertheless for many Important reasons wherewith I will acquaint you at your coming I do advise you as also require you from the House that you forthwith repair hither and attend the service in hand which is now in the greatest heat and hast of proceeding And so I commit you to God Directed To my very Loving Friend Laurence Hide Esq It was also moved and resolved That Mr. Speaker should Write another Letter to other Lawyers being gone down in the same Circuit where Mr. Laurence Hide was viz. Mr. John Moore Mr. Giles Tooker Mr. Edward Digs and Mr. Nicholas Hide which also he did to this Effect The form of the Letter AFter my very hearty Commendations sithence your departure hence there hath been complaint made as well of your absence as of many others which hath moved the House to press some speedy course for your return and thereupon have commanded me forthwith to write unto you that you make your repair hither without excuse or delay which I would advise you to do to prevent further question or danger such as I would be loth you should undergo as now the case stands And so I commend you to the protection of the Almighty To my Loving Friends Mr. Giles Tooker Mr. John Moor Mr. Edward Diggs and Nicholas Hide Esqs Members of the Commons House of Parliament III. It is this day Ordered that a Committee of the whole House shall this afternoon consider of a fit and satisfactory Answer of the Kings Majesties Letter sent this day to this House and also that they shall take into their Consideration such Misinformations as are suspected to have been given to his Majesty concerning the Proceedings of this House this Parliament and of all the Circumstances belonging to the same IV. Sir Robert Phillips makes Report of two Informations brought the one against Dr. Lamley Chancellor to the Bishop of Peterburrough the other against Dr. Cradock a Divine and Chancellor to the Bishop of Durham Dr. Lamley is accused for extorting of unlawful Fees in Probate of Wills c. 2. For vexing of men with impertinent trivial and idle Causes wherein men are forced to consume their time and spend their Estates As for receiving Money on Holidays he makes them pay 40 s. and upwards for a Discharge the like of opening half a Shop-window it cost another that came to Church on Christmas-day with a foul Band 54 s. and for ommitting of Penance one Bushell paid 100 Marks and desired it might be imployed to Charity he said Charity began at home One having no Sermon in his own Parish went to a Parish where there was a Sermon for this he was put to the Oath ex Officio and paid 33 s. V. As for Dr. Cradock Chancellor of Durham I must consider him in three Capacities and apply the faults unto them severally First He is Chancellor to the Bishop Secondly He is a high-Commissioner Thirdly He is a Justice of Peace 1. As Chancellor there are two Charges of misgoverning himself In refusing probate of Testaments and granting Excommunications before Citations He takes Bribes on both sides 2. As a high-Commissioner of the Quorum and so a principal man sending out his Process for Recusants he took of one Collyer 20 l. for not appearing of another 10 l. to shuffle up a clandestine Marriage c. Lastly As a Justice of Peace he took 100 l. for the
the Writ divers proposals made but at last resolved to present it to the House without any Opinion of theirs touching the Offence and Error of the Lord Keeper was directed to report the whole Narrative to the House Mr. Brook said he had never any person in admiration for advantage had read the Law there is a Market overt of the Law the Common Pleas and the Chancery the Shop of Justice the Chancery First No doubt it 's a great fault to deny an original Writ in the Chancery but not so much as to deny a Fine in the Common Pleas just Excuse and the offer of Amendments doth much extenuate the Offence which is but singular the Lord Keeper might do this to vindicate his Right from the Vsurpation of the Court of Wards it cannot stand with the Gravity of this House to transmit it a man for one single offence this will be admonition enough to him that it hath been thus agitated in this House Sir James Parrot argued the offence of the Lord Keeper in the denial of an original Writ some Excuses are alledged First done within a short time after he came in ignorantia Juris in a Judge Another Excuse offered a Contention between two Courts this rather aggravates than extenuates his offence being his own Case he ought not to have stayed Justice this thought a sole fault yet a great fault But he thinks it not a sole fault He is informed that there are more Faults of the like kind objected to the Lord Keeper Proposed To have that examined then it will be a sole fault two other Petitions before the Committees before the Lord Keeper of Mrs. ' Thomas and Sir Francis Fuliambe to have these two fully heard tomorrow and then to grow to a Resolution of this in the mean time to have the Cursitor examined about the other whether another Quare impedit or Ne admittas was not denied Sir Thomas Hobby moved to begin in order with the parts of the Reports First To the Writ that which is amiss in the Inheritance and then to consider of the Faults to have the Bill read Mr. Price alledged no corruption nor ill intention appears in the Lord Keeper a difference between things evil in themselves and evil by success the Lord Keeper came young to his Place and from a strange speculation and found this President therefore to have some course taken to right the Lady and to limit that vast Court Mr. Sollicitor thinks the Answer of the Lord Keeper's very fair and satisfactory if it be rightly understood and so the Debate went off XII Sir Edward Cook reports from the Committee of Grievances a Complaint against the Bishop of Norwich the charge is great and strange consisting of four parts First the City of Norwich having 34 Parishes he sent for the Preachers of the City and told them they had preaching enough and the morning preaching needless wished them to cease the Mornings Exercise this aggravated by divers Circumstances a Letter written to him by the Metropolitan about the Kings pleasure for preaching after this his Inhibition the Cathedral Church the Elbow of the City not above 2000 can hear yet all to come thither above 20000 people in Norwich The second There came up Images and Crucifixes counted Laymens Books and the Lord Bishop blessed those that set up those Ornaments a Dove in the Font fluttering over the water to sanctifie it Rot. Parl. 18 E. 3. num 32 33 34. the Commons dealt with the Provisors they complained they had not Spiritual food for Cardinals put into Churches Shoemakers and Taylors 50 E. 3. called bonum Parliamentum a complaint of the Popes usurpation not feeding the Flock Rome called the Sinful City and that all the Ill that hath befaln this Kingdom hath come from thence 17 R. 2. num 22. 11. H. 4. and a great many more Presidents so that this complaint is proper for this place The third was Extortion by orders of the Archbishop and by their own Canons the Iees set down these very much exceeded 4. Old Institutions now registred which is very dangerous for disherisons They have not heard his defence 40 E 3 inter Brevia a complaint against the Bishop of Hereford for Non-residency not lying within his Diocess all Bishops ought to be Resident unless they be in the Kings Service where the People are not taught the King hath but half Subjects the readiest way to make Rebellions The Committee thought it worthy to be transmitted up to the Lords Resolved upon Question without a Negative That this matter shall be transmitted up to the Lords Sir Edward Cook to do it and a Message to be sent to the Lords for a Conference about it The Commons desire their Lordships for a Conference touching some Accusations against the Lord Bishop of Norwich unto which his Lordship hath not yet been heard Humbly leaving the time and place to their Lordship The Lords appointed the 15 th of this Month to confer with the Commons touching their Complaint against the Lord Bishop of Norwich being returned the Lord Arch Bishop of Canterbury reparted the same to the House to this effect viz. That the Commons had received of Complaint exhibited by the Citizens of Norwich against the said Lord Bishop and to shew that it was ordinary for the Commons to complain of the Governours of the Church divers Records of Parliament were cited viz. Anno 25 E. 3. 17 R. 2. and 11 H. 4. all which were cited to satisfie tacite objectionis for their medling with a cause of this nature That the charge against the Lord Bishop consisted of six parts 1. That he inhibited or dishartned Preachers on the Sabath day in the Forenoon 2. That Images were set up in the Church and one of the Hoey Ghost fluttering over the Font and a Marble Tomb pulled down and Images set down in the room and the Bishop blessed them that did it 3. That he punished those that Prayed not toward the East 4. That he punished a Minister for Chatechising his Family and Singing of Psalmes 5. That he used Extortion many ways 6. That he did not enter Institutions to the prejudice of Patrons For the first it was said that there was 34. Churches in Norwich and in those Parishes 30 or 40000 People That the Lord Bishop sent for the Preachers by Apparitor and told them there was no need of Preaching on Sunday in the Forenoon except in the Cathedral Church where 2 or 3000 only could hear many dwelling three quarters of a Mile off and many being old and not able for their Age to come so far That this Inhibition was when the King had commanded more Preaching That his Lordship connived at Recusants All which was to the disheartning of good Professors It may be objected his Lordship allowed of Catechizing ergo no Preaching