Act declaring Vnlawful and Void the late Proceedings touching Ship-Money and for Vacating of all Records and Process concerning the same 4. An Act for the Certainty of Forrests and of the Meers Meets Limits and Bounds of the Forrests The Private Acts were these 1. Private Bills passed An Act for the Settling of Certain Mannors Lands Tenements c. on Katharine Countess Dowager of Bedford William now Earl of Bedford John Russell and Edward Russell Esquires Sons of Francis Earl of Bedford deceased 2. An Act to Enable Sir Alexander Denton to sell Lands to pay Debts and provide for his Younger Children 3. An Act to Settle the Mannor of Belgrave c. upon William Byarley Esquire c. to pay the Debts of William Davenport Esquire deceased 4. An Act for John Eggar 's Free School in Alton in Com. Southampton 5. An Act for the Alteration of the Tenure of certain Lands in Fulham Middlesex held of the Lord Bishop of London as of the Mannor of Fulham 6. An Act for making the Chappel of Hool in Com. Lancaster a Parish Church 7. An Act for Confirmation of his Majesties Letters Patents to the Town of Plymouth and for dividing the Parish and Building of a New Church To which the Clerk of the Parliament pronounced the Royal Assent in these words Soit fait comme il est desire After which his Majesty made a short Speech touching the Necessity of his going to Scotland adding That he had given Order to the Lord Keeper for the further declaring of his Mind therein Upon which the Lord Keeper spake Expressing his Majesties great forwardness hitherto in so readily and graciously complying with his Parliament in gratifying them in all their Requests more than any of the Kings his Royal Predecessors had ever done before him instancing in the several Bills for taking away the Star-Chamber Regulating the Council Board taking away the High Commission Court Ship-Money and the passing the Bill for the Judges to continue quam diu se bene gesserint and several other things After which his Majesty spoke some few words acquainting them That he had received an Account by a Nobleman lately come from Scotland of the absolute Necessity of his Journey and that it was impossible for him without great Inconvenience to his Affairs in that Kingdom to defer his Journey and so he took his Leave of their Lordships and bade the Parliament Farewell and so departed But the House of Commons returning to their House fell immediately upon the Debate of it and sent a Message by Mr. Hollis to the Lords Earnestly desiring the Lords to joyn with them to Petition his Majesty either to Substitute a Locum Tenens during his Absence or to stay 14 dayes Longer in regard it so nearly concerned the Quiet and Peace of the Kingdom The Lords sent them in Answer That they would move his Majesty to defer his Journey for two dayes longer but this gave the Commons little Satisfaction In this Debate both Houses sate till Ten of the Clock at Night but could not come to any Resolution but in the Commons House it was moved That in respect the Necessity was so great and his Majesty so firm in his Resolution to set forwards on Monday that both Houses might meet and Sit upon Sunday and a Message being sent up to the Lords to desire their Concurrence it was accordingly agreed There being many of the Members of the Commons House absent Order for the absent Members to repair to the House It was this day also Ordered by the Commons That all the Members of the House in regard of the Great and Weighty Affairs that import the Safety of the Kingdom do repair hither to attend the Service of the Common-wealth with all possible speed upon pain of incurring the Displeasure of this House for their neglect And it is further Ordered That the Knights of the several Counties and the Burgesses and Barons of the several Burroughs and Cinque-Ports that are now in Town shall send Copies of this Order to the Sheriffs of the several Counties to the End it may be published with all Care and Speed By Six of the Clock in the Morning there was a Sermon at St. Sunday August 8. Margarets Westminster before the Commons after which both the Houses Sate and the time was wholly spent in the morning in Debates Messages and Conferences between the Two Houses about Petitioning the King to stay yet 14 dayes longer the Lords inclining not to press his Majesty further in it and the Commons insisting upon their former Votes to that purpose The Earl of Bath reported the Conference with the House of Commons as follows Aug. 8. 1641. The Report of the Conserence about staying the Kings Journey 14 dayes THat the House of Commons gave their Lordships thanks for joining with them humbly to Petition His Majesty for deferring his Journey into Scotland for 14 days And to the end that it may be no prejudice to the Parliament of Scotland the House of Commons desires that some of the Lords Commissioners may acquaint the Scots Commissioners with these particulars following and desire their Answers 1. Propositions to the Scots Commissioners about the Kings stay 14 dayes That the Houses of Parliament have commanded them to express to the Scots Commissioners the great care that they have to keep a good Correspondency betwixt the Two Nations of England and Scotland and to take away the Objections which may be made in respect of the Publick engagements to submit to His Majesties pleasure in his present intended Journey 2. That they take notice of the often Meetings and Adjournments of the Parliament of Scotland and lest it might be a great inconvenience the States being now met there if they should stay long there together without doing any thing both the Houses of Parliament have Resolved that for the better satisfaction of the Parliament of Scotland they will humbly Petition His Majesty to send a Commissioner to Edinburgh that if there be pressing Occasions to dispatch any of their Publick Affairs there may be Authority for the same and if they think good to stay His Majesty's coming to them in Person the Houses of Parliament do hope that it will be within 14 days of that time wherein His Majesty was expected there and they shall take their consent thereunto as a great Argument of their Affection to this Kingdom 3. That the Houses likewise do intend to send Commissioners from hence to the Scottish Parliament to declare to them the great Reasons which moves them to Petition His Majesty's stay for 14 days which are such as do very much import the Peace and Safety of both Kingdoms as also their care to move His Most Excellent Majesty to send His Commissioner that the Parliament of Scotland may not be disappointed in respect of the dispatch of their own great Affairs in that Kingdom in the mean time 4. And lastly That the Houses do desire the
or Provisional Clause to be added to the said Bill by way of Limitation or Restriction and did also at the same time express his displeasure against some Person or Persons which had moved some Doubt or Question concerning the bound of Prerogative which the House of Commons declare to be a breach of the Fundamental Priviledges of Parliament The House of Commons do therefore desire their Lordships would joyn with them in an humble Petition to his Majesty to take notice that the Priviledge of Parliament is broken herein and to desire him that it may not be done so any more hereafter After this matter had been debated by the Lords it was Ordered That their House will joyn with the House of Commons in a Petition to His Majesty herein And the Lord Arch-Bishop of York Earl of Pembroke Earl of Bristol Earl of Holland Viscount Say and Seal Episcopus Durham Episcopus Winton Episcopus Roffen were appointed a Select Committee to meet with a proportionable number of the House of Commons to consider of the Breach of Priviledge of Parliament and and to prepare some things incident hereunto and present the same to the House This Committee to meet with the Commons on Wednesday the 15th of this Instant December at Nine of the Clock in the Morning in the Painted-Chamber The Committee appointed by the Commons to meet with the Lords were Mr. Pym Serjeant Wild Mr. Glyn Mr. Martin Mr. Strode Sir Hugh Cholmley Mr. Hollis Mr. Hampden Mr. Sam. Brown Sir Thomas Barrington Sir Edward Rodney Sir Thomas Bowyer Sir William Armyn Sir Francis Barnham Sir Walter Earl Sir Edward Aiscough Sir Philip Stapleton Sir Anthony Irby Sir William Lewes Mr. Strangeways Sir Robert Cooke Sir Edward Montforte Sir William Litton and Sir Henry Ludlow The Lord Keeper also Reported the Effect of two other Conferences had this day with the Commons The first Conference consisted of two particulars First Whereas a Proposition was made by the French Ambassador to the King for saving Seven Romish Priests which were Convicted and the House of Commons presented their Opinions to this House that five of those seven Priests may be Executed according to the Laws Now the House of Commons desire their Lordships to joyn with them in an humble Petition to His Majesty that the Execution of the Laws may be done upon all the seven Priests and that both Houses would become Suitors to the King to take off the Reprieve Next a Letter was read sent from one Parthington in Ireland written to Sir John Clotworthy Knight shewing the great and barbarous Cruelties acted upon the Protestants in Ireland by the Rebels as hanging of them and pulling their Flesh from their Bones cutting off their Heads Hands and Feet ripping up of Women great with Child and killing of Children with divers other inhumane Acts. The second Conference was touching the Declaratory part of the Bill for Pressing of Soldiers That the House of Commons consents now to the Words or Compelled that they should be inserted into the Preamble of the said Bill upon condition that these Words may be added except it be in Case of Necessity of the sudden coming of an Enemy into the Kingdom And lastly That the House of Commons doth not intend to give any Reasons for the fortifying of the Declaratory Cause in the Preamble of the Bill for pressing of Soldiers it being a thing unusual for them so to do It seems the House of Lords was in great disorder about the King's Speech Lord Pierpoint to the Black Rod for some Words offensive to the Lords for the Lord Pierpoint in his Speech having said That it was not Honourable for this House to be in such Noise and Tumult the House conceived these words to be a great Offence to so Great and High a Court as this is and being charged with the Words he was Commanded by the House to withdraw but before he withdrew he desired to explain himself which he was permitted to do and he professed he did not speak the Words to give any Offence to the House His Lordship being withdrawn the House took the Offence done into Consideration and Ordered That the Lord Pierpoint shall be committed to the Custody of the Gentleman-Vsher attending the House for the present After which the House took into consideration the Proposition of the Commons concerning the seven Priests and it was upon the Question after much Debate Resolved by the major part to joyn with the Commons in an humble Petition to his Majesty That Execution of the Laws may be done upon all the 7 Priests that are Condemned and that he will be pleased to take off his Reprieve Memorandum The Lords the Bishops withdrew themselves before the voting of this Question it being in Agitatione causae sanguinis The Lord Steward and the Lord Chamberlain were Ordered to attend the King from both Houses concerning the 7 Priests to be Executed as aforesaid and that his Majesty will take off his Reprieve Most part of this day was spent by the Commons about the Debates of the King's Speech the Result of which the Reader hath already in the Conferences with the Lords but still the Faction could spare little time to remember their Petitioning Friends of Black-Heath who had run their Heads into the Noose of the Law and a Commission was gone out against them for an Inquisition upon which Occasion as before they had warned the Under-Sheriff of Surrey so this day produced an Order of the Commons to the Justices of the Peace of Surrey not to proceed in any Inquisition concerning any Persons that met to subscribe a Petition to be preferred to this House till they should recive further Orders therein from the House This day the Lord Arch-Bishop of York Wednesday Decemb. 15. reported from the select Committee of both Houses concerning the Privileges of Parliament three Particulars which the Committees think fit to be voted in both Houses as a Breach of the Privileges of Parliament And also that a Declaratory Protestation be entred into by both Houses for the claim of those Liberties and this to be drawn up by the Committees Likewise the Committees think fit that a Petitionary Remonstrance be presented to His Majesty from both Houses declaring the Right of Parliament to those Privileges and the Particulars wherein they have been broken with an humble Desire that the like may not be done hereafter and that his Majesty will be pleased to discover the Parties by whose Misinformation and evil Council his Majesty was induced to this Breach of Privilege that so they may receive condign Punishment for the same and that his Majesty be further desired to take no notice of of any Mans particular Speeches or Carriage concerning any Matter Debated and Treated in Parliament a Form whereof is to be drawn and presented to the Committee to Morrow Morning at Nine of the Clock And that the Committees have appointed the Lord Arch-Bishop of York the Lord Roberts Sir
Sum of 5000 l. Resolved Captain Legg bailed c. That this House doth approve and allow of the Earls of Cumberland and Newport to be Bail for Captain William Legg ut supra Mr. Mr. Williamson a Minister bailed Williamson a Minister in Custody of the Serjeant for a Sermon preached on Sunday was 7 Night in the Parish Church of St. Martins in the Fields shall be bailed and the Consideration of the Sermon was referred to Mr. Peard Then Sir Edward Hungerford Sir Henry Mildmay Sir Thomas Barrington Sir Henry Vane Sir Robert Pye Alderman Pennington Alderman Soame were appointed to treat with the Merchant Adventurers or any others concerning the Loan of 50000 l. for the Affairs of Ireland and to offer them Security out of the 400000 l. Bill and 8 l. per Cent for forbearance of their Money It was also Ordered That Sir Thomas Barrington and Mr. Martin do this Night repair unto the Constable of the Tower and desire him from this House to lodge and reside within the Tower and take the Custody and Guard of that Place Information was this Day given to the House of Lords Mâ—nday Decemb. 27. That some Members of this House have had false Rumors reported of them That during the time of the King 's being last in Scotland it was told the Queen That at a Meeting at Kensington where the Earl of Essex the Earl of Newport the Lord Viscount Say and Seal the Lord Mandevil the Lord Wharton Members of this House and the Lord Dungaruan Mr. Nathaniel Fines Sir John Clotworthy and Mr. John Pym Members of the House of Commons were present upon a discourse of Plots that should be done in this Kingdom or in Scotland the Earl of Newport should say If there be such a Plot yet here are his Wife and Children meaning that the Person of the Queen and her Children should be seized upon Vpon this the Earl of Newport stood up E. of Newport concerning a report of his speaking of seizing the Queen c. and gave the House this Account That hearing of such an Information which had been presented to the Queen he went with some other Lords and waited on the Queen and with many Protestations assured the Queen That never any such Words were spoken nor the least thought thereof conceived of any such Fact with which the Queen seemed to rest satisfied But upon Friday last his Majesty asked him Whether he heard any Debate at Kinsington about seizing upon the Queen and her Children which his Lordship denying his Majesty replyed again That he was sorry for his Lordships ill Memory The House considering this Information to be of Consequence and because several Members of the Commons were concerned in it resolved to have a Conference with the Commons concerning it that so they might search into this Business and that the Bottom of it might be found out and the Reporter of this false Rumor brought to condign Punishment And the Lord Archbishop of York Lord Admiral E. Bristol E. Holland Lord Roberts Lord Savil were ordered to draw Heads for the Conference Tumults The Tumults now began upon this little Clash of the Two Houses and the Lords refusing to joyn with the Commons to petition out Lunsford to assemble in great Multitudes to Force the Bishops by affronts to quit their station in Parliament which hitherto could not legally be obtained and there being a great Concourse of People about the Parliament Door and the Places adjoyning the Gentleman-Usher was directed to go and Command them in the King's Name to be gone and repair to their respective places of Aboad or they should be proceeded against according to Law who returned with this account That the People are willing to depart but say they dare not because there is Colonel Lunsford with other Soldiers in Westminster-Hall that lye in wait for them with their Swords drawn and that some of them who were going through Westminster-Hall home have been Wounded and Cut in their Heads by the said Souldiers Whereupon the House appointed the Lord Steward A Committee of Lords appointed to consider of the Tumults the Lord Great Chamberlain Lord Chamberlain E. Bedford E. Southampton E. Pembroke E. Sarum E. Warwick E. Clare to Examin what Warrant hath been given to Soldiers to come down this day unto the Parliament House and likewise what Notice hath been given to any others to come down to Westminster in Multitudes and who gave the Occasion that Swords were drawn and blows given in Westminster-Hall and near thereabouts among the People And to Enquire why the Justices of Peace and other his Majesties Officers did not prevent the Tumults this Day according to Law and the Commands formerly given them Their Lordships or any 7. of them to meet on Tuesday the 28 of Decemb. 1641 at 9 of the Clock in the Morning in the Painted Chamber and when after they please After this the Lords Commissioners delivered in all the Scots Commissioners Propositions as follows SInce it is desired that we should give in all our Propositions concerning the 10000 Men that are to be sent out of Scotland into Ireland We do offer to your Consideration these following Propositions to those we have already given in 1. In respect that the Country is for the most part Wasted by the Rebels and that it is necessary for the better Provision and Safety of our Army That there be delivered unto Us some Places convenient for the preserving of our Victuals and for Retreat in case of Necessity It is therefore desired That the Town and Castle of Carrickfergus Colraine and London-Derry be put into our hands wherein we may plant Garrisons and make Use of them for Magazins of Victuals Arms and Munition and for Retreat upon any Occasion And that the Magistrates and Inhabitants thereof be ordeined to carry themselves to any of our Commanders there as is fit and ordinary in such Cases We giving Assurance to use them with all Brotherly Kindness and Respect and to give full Satisfaction for what we shall receive from them and that we shall make Use of the said Places for the Honor and Advantage of his Majesty and the Crown of England and faithfully restore them to any having Commission from the King and Parliament when the War shall End or that our Army shall be by them discharged and satisfied of all Dues and Conditions made in this present Treaty 2. That the Towns of Carrickfergus Colrain and London-Derry be instantly provided with Victuals of all kinds necessary for Soldiers both for the Garrisons and to furnish the Army or any part thereof in Expeditions into any part of the Province or where they shall go for payment upon such reasonable Prices as shall be agreed upon And likewise that Powder Bullet and Match be sufficiently provided for at least 6000 Musketeers and 24 or 30 Piece of good Ordnance and that there be Gun-Smiths and ingenious Carpenters sent thither for the mending
Mr. Nathanael Fiennes Sir John Clotworthy and Mr. John Pym Members of the House of Commons were present upon a Discourse of some Plots that should be done in this Kingdom or in Scotland the Earl of Newport should say If there be such a Plot yet here are his Wife and Children insinuating the same to signifie that the Person of her Majesty and her Children should be seized upon And whereas Your Majesty upon Friday last was pleased to demand of the Earl of Newport whether his Lordship heard any Debate at Kensington about seizing upon the Queen and her Children which when his Lordship had denied with many and deep Asseverations Your Majesty replied again That he was to tell Your Majesty no more then you knew already and therefore should consider well what he should Answer and his Lordship denying it the second time Your Majesty parting from him replied you were sorry for his ill Memory seeming thereby to give Credit to that Information which Information and Report tend not only to the great scandal of the Members of both Houses of Parliament before named but express an endeavor to stir up Jealousies and work a Division between Your Majesty and the Parliament It is therefore the humble and instant desire of the Lords and Commons in this Parliament That Your Majesty will be pleased to declare who was the Reporter or Reporters of those Words pretended to be spoken at Kensington by the Earl of Newport And that Your Majesty will be pleased likewise to move her Majesty to discover who acquainted her therewith And this as Your greatest and most faithful Council they advise Your Majesty to perform the Exigency of the Affairs of both Kingdoms being such as necessarily require a sudden Remedy which cannot expect any possibility of success without a right Vnderstanding between Your Majesty and the Parliament the only way for effecting hereof is by the present discovery and removal of ill Counsellors and false Informers which to our great Grief we have by Experience found to be too frequent and active in these Dangerous Times After the Reading whereof it was Ordered That this House agrees that this Petition be presented to the King And the Lord Admiral Earl of Bath and Earl of Holland were appointed to wait on the King to know when the Select Committees of both Houses shall attend him to present the aforesaid Petition Who being returned brought Answer That His Majesty hath appointed them to attend him for this purpose to morrow in the Afternoon at One of the Clock at White-Hall The Lord Chamberlain signified to this House Message from the King to the Lords concerning Volunteers for Ireland That the King had commanded him to let the Parliament know that His Majesty will furnish 10000 English Volunteers if the House of Commons will undertake to pay them Upon a Debate this day the Reason of which the Reader will meet hereafter it was Resolved upon the Question That this Parliament is at this present a free Parliament In the Commons House Mr. Pym Reported an Order from the Committee of the Navy in these Words It is this day Ordered by the Commons House of Parliament Order of the Commons touching the Navy That the Committee for the Navy where Sir John Culpeper has the Chair shall Examine why the 55000 l. Ordered in August last by both Houses for supply of the Navy out of the last Bill of Tonnage and Poundage hath not been accordingly performed and having found out the Obstructions therein shall present the same to this House with all convenient speed together with their Opinions what is fittest to be done thereupon and they are further to Examine what Monies are likely to come in upon the present Bill of Tonnage and Poundage during the time it is granted and to report it to this House That the Ordinary and Extraordinary Charge of the Navy for the Year 1642 may be provided for out of the same It is further Ordered That in case the Mony arising out of the last Bill of Tonnage and Poundage shall not be found sufficient to discharge the abovesaid Sum of 55000 l. that then what shall be wanting thereof shall be forthwith paid to the Treasurers of the Navy out of the Monies coming in upon the present Bill of Tonnage and Poundage It is also Ordered That the Sum of 2058 l. 10 s. shall be paid out of the Monies payable by virtue of the aforesaid Bill to the Officers of the Ordnance for the Expences in their Office for the setting out of the last Summers Fleet according to the Engagement of this House It is further the Opinion of the Committee that in the Case of Sir Henry Vane junior concerning the Office of the Treasurer of the Navy That this House do declare that they will take that into Consideration when they shall consider of the passing the next Bill for the Subsidy of Tonnage and Poundage This Order being read was Voted and upon the Question Assented unto It may be remembred what flourishing Speeches Mr. Speaker had formerly made to the King upon the tendring of the Bills for Tonnage and Poundage to his Majesty for the Royal Assent which yet by this Order appear to have been such meer Complements that the King was not so much as a Trustee for the Publick but the Money raised in his Name and by his Authority was to be wholly managed by their Order And Sir Henry Vane for the kindness done them in the Earl of Strafford's Case must be sure to be remembred for a beneficial Office as in truth if in any thing they acted generously and wisely it was in obliging their Friends by Rewards and discouraging their Enemies by punishments the two Methods which Govern the World and which all great Men and great Undertakers have ever by Experience found to be the certain Supporters of their Designs and Enterprizes The Tumults began now to be so horrible Insolent by the Countenance they received from the Faction of the House of Commons Wednesday Decemb. 29. and particularly from their great Patron Pym who publickly at a Conference said God forbid the House of Commons should proceed in any way to dishearten people to obtain their just desires that they not only ran by Troops down to Westminster to cry No Bishop but as they passed by White-Hall they cried They would have no Porter's Lodge but would come to speak to the King themselves without Controul and at their own Discretion The House of Lords hereupon sent for the Sheriffs of London and Middlesex to attend their Lordships Tumults who being called in and being asked Why they have not observed the King's Writ in suppressing and preventing of Tumults and Routs They Answered That the Justices of the Peace for Middlesex opened the Writ and granted out Warrants to the Constables who sent Guards to the Houses of Parliament and upon this they were Questioned by the House of Commons and the Guards were dismissed
place of sitting and the chiefest part of the power I say the chiefest part I do not say the greatest part of power The power it was more eminent in him but it was virtually residing and domesticant in the plurality of his Assessors These Assessors were the Presbyters the Elders of the Church of whom Holy Ignatius a Father so primitive that he was Disciple to Saint John the Apostle and by some thought to be that very Child whilst he was a Child whom our blessed Saviour took and set before his Disciples whereof you read in three of the Evangelists Matth. 18.2 Mark 9.26 Luke 9.27 If Simon Zelotes were the last as some affirm This Ignatius I say in his Epistle to the Trallians doth call these Elders 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Councellors and Co-Assessors of the Bishop Here was in this Age and yet this Father died a Bishop and a Martyr before the last Apostle went to Heaven here was a Fellowship yet such a Fellowship as destroyed not presidency and in another Epistle that to the Magnesians you have such a presidency as doth admit also of a Fellowship 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Bishop being President the very Name and Office there as in the place of God and the Presbyters as a Senate of the Apostles I forbear to dilate upon this Episcopacy But I will be bold Ponere ob oculos to set him before your Eyes I will give him you even by way of demonstration Master Hide your self are now in this great Committee Mr. Speaker is in the House The Bishop of our Congregation You are in your selves but Fellow-Members of the same House with us returned hither as we also are to sit on these Benches with us until by our Election and by common suffrage you are Incathedrated then you have and it is fit and necessary that you should have a Precedency before us and a Presidency over us Notwithstanding this you are not diversified into a several distinct order from us you must not swell with that conceit you are still the same Member of the same House you were though raised to a painful and careful degree among us and above us This Bishop had as your self have here potestatem directivam but not Correctivam Correction in our House doth dwell in the General Vote You know the power you have â—s Limited and circumscribed by them who gave it you are no Dictator to prescribe us our Laws but must gather our Votes and then your pronouncing doth fix our not your single own Orders Neither you here Master Speaker in the House can Degrade any one of us from these Seats nor can you silence us in the due liberty of our Speech Truly Sir as yet advised I do heartily wish we had in every Shire of England a Bishop such and so regulated for Church Government within that Sphear as Master Speaker is bounded in and Limited by the Rules and Cancels of this House That were indeed a well tempered and a blessed Reformation whereby our times might be approximant and conformant to the Apostolical and Pure primitive Church But this I fear is magis optandum quám sperandum yet it being the cause of God who can then dispair This happiness I mean living under Episcopal Presidency not under a domineering Prelacy this is too high above our reach yet strong Prayers and Hearty endeavours may pull the Blessing down upon us In the mean time wo is our Churches portion for our Bishop President is lost and grown a Stranger to us and in his room is crept in and stept up a Lordly Prelate made proud with pomp and ease who neglecting the best part of his Office in Gods Vine-yard instead of supporting the weak and binding up the broken forrageth the Vines and drives away other Labourers The Vines indeed have both Grapes and Leaves and Religious Acts both Substance and Circumstance but the Gardener is much to blame who gives more charge to the Work-men of the Leaves then of the Fruit. This rough enforcement of late to that which is not the better part is an Episcopacy that turns all our Melody into a Threnody This makes many Poor Pious Christian Souls to Sing the Songs of Sion in a strange Land Psal 137. and 4. This Bishop will have no Assessors or if any so formally admitted and so awed as good have none no Senate no Consultation no Presbytery or common Suffrage but Elates himself up into usurped Titles and incompatible Power and sublimes it self by assuming a Soleship both in Orders and Censures Religion and Reason and Primitive Example are all loud against this Episcopacy This too elate subliming of one can not stand without a too mean demission I may say debasing of many other of the same order Nay this Bishop not content with Ecclesiastick Pride alone will swell also with ambition and Offices Secular Truly Sir you have done exceeding well to Vote away this Bishop for of this Bishop and of this alone I must understand the Vote you have passed until I be better instructed For your Vote is against the present Episcopacy and for the present you can hardly find any other Episcopacy but this an Authority how ever by some of them better exercised yet too solely entrusted to them all Away then with this Lordly domineerer who playes the Monarch perhaps the Tyrant in a Diocess of him it is of whom I read Episcopalis dignitas papalem fastum redolet This kind of Episcopacy it smels rank of the Papacy nor shall you ever be able utterly and absolutely to extirpate Popery unless you root out this Soleship of Episcopacy To conclude in short and plain English I am for abolishing of our present Episcopacy Both Diocesses and Diocesan as now they are But I am withal at the same time for Restauration of the pure Primitive Episcopal Presidency Cut off the usurped adjuncts of our present Episcopacy reduce the ancient Episcopacy such as it was in puris spiritualibus Both may be done with the same hand and I think in a shorter Bill then is offered now by way of addition Down then with our Prelatical Hierarchy or Hierarchical Prelacy such as now we have most of it consisting in Temporal adjuncts only the Diana and the Idol of Proud and Lazy Church-men This do but eâ lege on this condition that with the same hand in the same Bill we do gently raise again even from under the ruins of that Babel â—â—ch an Episcopacy such a Presidency as is venerable in its Antiquity and Purity and most behooveful for the Peace of our Christendom This is the way of Reforming and thus by yielding to the present Storm and throwing that over-board which is adventitious borrowed and undue Peace may be brought home unto our Church again the best of that building and the truth of Ancient Episcopacy may be preserved otherwise we hazard all This would be glorious for us and for our Religion and the glory thereof will
Cohabit July 12. 1641. It was Resolved to pass as a Law Nemine Contradicente UPon Report this Day made unto the House from the Lords Committees for Petitions That William Walter was complained of by the Petition of Elizabeth Walter his Wife for refusing to Co-habit with her or allow her and her 3 Children Maintenance and Supportation for their Lively-hoods although he hath a Good and a Plentiful Estate It was thought fit and so ordered by the Lords in Parliament That the said William Walter shall settle Lands and Tenements cleared from all former Incumbrances other then Leases whereupon the usual Rent is reserved lying in the County of Pembroke upon such Trustees as the said Mrs. Walter shall Nominate to the use of her self and her said 3 Children during the time of her Life And Mr. Justice Foster and Mr Justice Heath's assistance to the said Lords Committees for Petitions are hereby desired by the Lords in Parliament to direct the Counsel of the said Mrs. Walter what security shall be taken in or out of the Premisses and how and in what manner an Estate of and in the Lands and Tenements or Tithes of the said William Walter shall be setled or charged and chargeable with the payment of sixty Pounds per An. to the use of the said Mrs. Walter and her 3 Children the first payment whereof to begin at Michaelmass next ensuing the Date hereof And in Case the said Mr. Walter 's Estate shall encrease by the Death of his Mother or Grandmother or otherwise it is their Lordships Pleasure that the Moiety of the same as it shall fall and accrew to him shall be settled and paid unto the said Feoffees to the use of the said Mrs. Walter and her 3 Children as aforesaid by the Advice of the Judges aforenamed And further that if the said William Walter shall refuse or delay by the space of a Month next ensuing to make such settlement in manner as aforesaid then it is their Lordships Pleasure that a Sequestration shall be awarded to such Person or Persons as the said Mrs. Walter shall nominate to take and receive so much of the Yearly Rent and Profits of the said Lands and Tenements of the said William Walter as shall amount to such proportions and allowances as aforesaid to be answered to the said Mrs. Walter or her Assigns half Yearly for the uses aforesaid UPon Report this Day made unto the House from the Lords Committees An Order of the Lords concerning a Vicaridge in Sir Peter Osborn's Case Plaintiff against Thomas Joyce Clerk July 12. 1641. for Petitions in the Cause of Sir Peter Osborn Knight Plaintiff and Thomas Joice Clerk it appeared unto their Lordships That Sir John Osborn Knight deceased Father of the said Sir Peter was seized in Fee of the Rectory of Hawnes in the County of Bedford to which the Advowson of the Vicaridge did consist only of eight Pounds per Ann. stipend That the said Sir John Osborn did in the 9th Year of King James convey the Inheritance of the said Rectory and Vicaridge together with a new House built upon his own Land to the now Bishop of Durham Sir Thomas Cheek and others for the Increase of Maintenance of such Vicar or Vicars as should be nominated by the said Sir John or his Heirs But before the Gift Sir John puts in Mr. Brightman and Mr. Wilson successively who injoyed the said House and Tythes and after the Gift nominated Mr. Sherley who was only Licensed by the Bishop but never Instituted or Inducted After the Death of the said Mr. Sherley the said Sir Peter Osborn nominated Mr. Buckley who was Licensed by the Bishop without being instituted or Inducted the Defendant Joyce obtains a Presentation by Lapse and gained a Decree in Chancery for the Rectory House and Tythes against which Decree Sir Peter Osborn objected that the Donor intended the said Rectory to him only that was to be nominated by himself or his Heirs and could not intend it to any that came in by Lapse it being then in Lapse when his Gift was made which was denied by the Defendant and affirmed that it was intended to the Incumbent whoever he was otherwise the Charity of the Donor would be overthrown Whereupon the Decree and Deed of the said Sir John Osborn was produced and read before the said Lords Committees who after long Debate by Councel on both Sides were fully satisfied That the Donor intended it to none but such as should come in by the Nomination of him or his Heirs Whereupon it is Ordered and Adjudged by the Lords in Parliament That the said Lay Fee Rectory and House together with all the said Donors Gift setled by the said Deed shall by virtue of this Order go to such Clergy-Man or Men as the said Sir Peter Osborne and his Heirs shall Nominate and Appoint according to the meaning of the said Donor and no other And that the Defendant Joyce that came into the vicaridge by Lapse shall have no Advantage of the Gift so made by Sir John Osborne but shall forthwith upon Notice hereof relinquish the same and shall also Answer to the Feoffees for all the Profits of the said House and Rectory by him taken ever since the said Decree and if the said Defendant Joyce conceives he hath any Right he is left to try the same at the Common Law without taking any advantage of the said Decree or of any thing done by Sir Peter Osborne in Obedience to the said Decree A Message was brought from the House of Commons by Sir Henry Vane Junior to desire that the Bill for Tonnage and Poundage may be delivered unto them to be brought up and presented by their Speaker with the Commission under the Great Seal annexed THeir Lordships taking this into Consideration Message from the Commons about the Bill of Tonage and Poundage and perusing the Commission found by the Tenor of the said Commission that the Bill of Tonnage and Poundage could not pass the Royal Assent by virtue of this Commission if they were separated therefore to avoid all Ambiguities Resolved to send some Lords to desire His Majesty would be pleased to come in Person to give the Royal Assent to the said Bill Hereupon the E. Bath E. Essex E. Cambridge E. Bristol Bill for Tonnage and Poundage passed the Royal Assent went presently to attend his Majesty therein who brought this Answer That the King will be here presently His Majesty being come and satt in the Chair of State the Commons were sent for who came and by their Speaker presented the Bill for Tonnage and Poundage then the Clerk of the Crown read the Title of the said Bill and the Clerk of the Parliament pronounced the Royal Assent thereunto in these words Le Roy remerciant ses bons Subjects accepte Leur Benevolence et ainsi le veult It was this day Ordered in the Commons House Munday July 12. Order for Aftornoon Sermons in all
bind us to it Wherefore Master Whitlock my humble Motion is That we may draw up a short and round Manifesto to wait upon and affirm the Kings Declaration to be still managed by Advice of Parliament which will be safe for our selves more powerful and effectual for the Prince Elector I cannot tell what the present Age thought of it and account it one of the greatest blessings of Heaven that I was not then capable of thinking but certainly Posterity will see by this Speech a most notorious and manifest Collusion in these People who notwithstanding all the glorious pretences and zeal for this deplorable Family in which the Honour and Interest of the King and Nation were by their own Confession so deeply concerned yet never intended any more assistance to this distressed Protestant Prince then a few good and great words which was a cheap way and still reserving to themselves a starting hole to assist the King in this Affair only so long as he would follow their advice Mr. Hide Reports the Results upon the Bill for abolishing Episcopacy whereupon it was Resolved Votes concerning the Bill for abolishing Episcopacy c. That all the Lands Possessions and Rights of the Deans Deans and Chapters shall be committed to the hands of Feoffees to be nominated by this Bill Resolved c. That the Lands and Possessions of the Arch-Bishops and Bishops of England and Wales except Impropriations and Advousons shall by this Bill be given to the King Resolved c. That the Impropriations and Advousons belonging to the Arch-Bishops and Bishops of England and Wales shall be committed to the hands of Feoffees in the same manner as the Lands of Deans and Chapters are appointed to be And because the Prelates and Papists were to be coupled together in the Opinions of these People both in Guilt and Sufferings it was by Vote Reselved Vote against Papists c. That the Committe of 48 propound to the Select Committee of the Lords that no Papist hereafter may have the keeping of any Castle Fort Chase Forrest Park or Walk within England or Wales and that such as are in possession of such Castles c. As aforesaid may be outed thereof according to Law Post Meridiem It was Ordered by the Commons Order about Mr. Randal a Minister formerly ordered to Bedlam That one Mr. Randal a Ministerâ— now in the Goal at Ailesbury in the County of Bucks for words spoken against the Honour of this House who was by a former Order appointed to be removed from thence to Bedlam it is now Ordered that the said Mr. Randal shall be discharged and set at liberty presently upon the sight hereof The further Debate upon Mr. Saturday July 10. Further Votes about the Bill for abolishing Episcopacy Hide 's Report about the Bill for abolishing Episcopacy was this day reassumed whereupon it was Resolved c. That a competent Maintenance shall be allowed out of the Lands and Possessions of the Cathedral Churches for the support of a fit number of Preaching Ministers for the Service of every such Church and a proportionable allowance for the Reparation of the said Churches Resolved c. That such Ecclesiastical Power as shall be Exercised for the Government of the Church shall be transferred by this Act unto the hands of Commissioners to be named by this Act. The further consideration of this matter to be referred till Monday 9 of the Clock Bill for Tonnage and Poundage being passed Mr. Solicitor was ordered to carry it up to the Lords and to move their Lordships that the Royal Assent may be had with as much speed as may be and to move the Lords to expedite the Bill against Pluralities and for disarming Recusants This day Thomas Pain the Attorney Breach of Priviledge giving the Lye to a Peer that gave the ill Language to the Earl of Thannet who charged the said Pain with some Words which were reported to be spoken by him he told the said Earl That it was False and a Lye divers times together which being proved upon Oath it was Ordered That the said Pain be committed to the Custody of the Gentleman-Vsher for the present and this House will take the misdemeanor into further consideration Report of the Conference about the Ten Heads The Earl of Bristol reported the effect of the last meeting with the Select Committee of both Houses concerning the 10 Heads and delivered some Queries and Propositions which the House of Commons made viz. Whether the Colledge of Capuchins at Somerset-House should be sent away out of this Kingdom for they are conceived to be busie Men in giving Intelligence to Forreign States and the House of Commons are induced to believe so because they understand That the Letters of the Capuchins which were Imported and Exported in one Week came to 3 l. 10 s. the Carriage Next they conceive That there are some things contained in the Articles of Treaty of Marriage with France which are contrary to Law Concerning the Education of the Prince they said they would consult further of it Concerning Licenses granted to Recusants They desire His Majesty may be moved that none may be granted hereafter Concerning the removing of the Popish Recusant Ladies from the Court they say they mentioned no particulars but spoke in the General Concerning Pensions They desire that the King may be moved That no Papist beyond the Seas may have any Pension Touching that which concerns the Queen they conceive they have had no full answer yet Concerning their Explanation who are Active Papists they mean those Recusants that are Rich and have most Power in the Countries where they Live as well Peers as others which they desire may be disarmed according to Law Concerning the Popes Nuncio they say the House of Commons are preparing a Bill Concerning the Lord Lieutenants and Deputy Lieutenants considering the State of this Kingdom as it now stands the House of Commons desires they may be such Persons as both Houses approve of and that they may be enabled the more for the defence of this Kingdom there will be a Course taken for Supplying them with Monies out of the Subsidies and the House of Commons desires that the King may be moved to let them have such Powder out of His Majesties Stores as may be spared and they will pay after the Rate of ten Pence per Pound for it as soon as they can get money and further to move His Majesty that the Arms which have been taken from the several Counties may be restored to them and if His Majesty can spare any Arms out of His Store they will buy them to furnish these Southern parts The new Bill for Tonnage and Poundage being read the Third time in the Lords House and being put to the Question Another Bill for Tonnage and Poundag passed the Lords House An Order of the Lords for Relief of a Feme-Covert and her Children against a Husband refusing to