c. Next the Bishop of Linclon reported that at the same Conference Mr. Nichols that was sent into Scotland to his Majesty from both Houses reported That he had delivered the Petition and the Draught of the Commission to his Majesty but his Majesty thought not fit to sign it for these Reasons which he commanded him to signify to the Parliament 1 That his Majesty conceives the Treaty of Pacification The King's Reasons for not signing the Commission sent into Scotland by Mr. Nichols from both Houses between the two Kingdoms is already ratified by the Parliament of Scotland 2 If this Commission should be granted it would beget new Matter 3 It would be a means to keep his Majesty longer there then he intended to stay 4 That the Scots Army is over the Tweed and that the Lord General hath almost Disbanded all Our Army and hath begun with the House A Letter from the Lord General was read declaring Contents of a Letter from the Lord General That he will pursue the Orders of Parliament in disbanding the Army but he understands that the Scots will keep 5000 Men undisbanded until our Army be all disbanded and our Fortifications at Barwick and Carlisle slighted and that to this purpose he had received Directions from his Majesty to demolish the Fortifications and remove the Ordnance and Munition from thence The Bishop of Lincoln Reported the Conference with the Commons concerning Disarming Recusants to this Effect THat the House of Commons had taken into consideration the Store of Arms in this Kingdom and they find The Conference about disarming Recusants Aug. 30. 1641. that there are many Arms in the hands of Popish Recusants for disarming of whom the House of Commons have frequently recommended to this House the disarming of them according to the Stat. of 3 Jac. but they have found that the good came not by this Statute as was intended for upon Indictments for Recusancy there were Certioraris's granted Therefore the House of Commons have taken these things into consideration again and the rather because of the Kings absence at this time in Scotland and that the time of the Recess draws nigh and considering the late Troubles of this Kingdom whch are not yet settled the House of Commons have considered of an Ordnance of Parliament and some Instructions to be given unto such Commissioners as they have named to see to the disarming of Popish Recusants according to the Statute of 3 Jacobi which Ordinance and Instruction they present to their Lordships desiring them to joyn with them herein Then the aforesaid Ordinance and Instructions were read in haec verba An Ordinance made and agreed by the Lords and Commons in Parliament for the speedy disarming of Popish Recusants and other dangerous Persons The Ordinance of Parliament for Disarming Recusants WHereas for the preventing and avoiding of dangers that might grow by Popish Recusants Provision hath been heretofore made by Act of Parliament for the disarming of all Popish Recusants convicted within this Realm which said Law hath not taken so good effect as was intended by Reason such Recusants and Persons Popishly affected have by subtle practices and indirect means kept themselves from being convicted or being outwardly conformable have caused or suffered their Children Grand-children and Servants to be bred up and maintained up in the Popish Religion and have otherways hindred the due Execution of the said Law to the great danger and grievance of the Common-wealth And for that it is too manifest that the said Popish Recusants have always had and still have and do practise most dangerous and pernicious designs against the Church and State and by the Laws of this Realm in times of imminent danger or of any forcible Attempts Designs or Practises against the Peace and Safety thereof all Armor Weapons and other Provisions that may tend or be imployed to the effecting of such mischievous Designs ought timely to be removed and taken away and all fit means used for the securing of the Peace and safety of the Realm And for the preventing of such further mischiefs as may happen by any Outrage or Violence to be offered It is therefore Ordained and Provided by the Lords and Commons in this present Parliament Assembled That all such Arms Gun-powder and Munition of what kind soever as any Popish Recusant convicted or any Person or other which is or shall be Indicted for such Recusancy and such Indictments either are or shall be removed by Certiorari or being not removed shall not by Appearance and Traverse or otherwise be Legally discharged before this Ordinance be put in execution or which shall not have repaired to Church more then once in every Month or shall not have received the Holy Communion according to the Rites of the Church of England within one whole year next before the making hereof and which shall refuse to take the Oaths of Supremacy or Allegiance upon Lawful Tender thereof made or whose Children or Grand-children or any of them being at his or her dispose or living in the House with them is or shall be bred up in the Popish Religion or have not repaired to Church within one year next before the making of this Ordinance according to the Laws and Statutes of this Realm or whose Houshold Servants or any two or more of them is or shall be of the Popish Religion hath or shall have in his and their House or Houses or elsewhere or in the hands and possession of any other to his or their use or at his or their disposition other then such necessary Weapons as shall be thought fit by the Persons Authorized to take and Seize the said Munition to remain and be allowed Arms for the defence of the Person or House of such Recusant or Person aforesaid shall forthwith be taken from every such Popish Recusant or Person as aforesaid and from all others which shall have the same to the use of any such Popish Recusant or Person by such Person and Persons as are and shall be by this Ordinance appointed and authorized in that behalf for every Shire County and Riding within this Realm and Dominion of Wales that is to say For the County of Bedford Sir Oliver Luke Sir Beuchamp St. John Sir Roger Burgoigne Knight For the County of Lancaster John Moor Alexander Rigby Esquire Members of the House of Commons and the two Knights that Serve for that County For Cheshire Sir William Brereton Baronet Peter Vennables Esquire For the City of Chester Francis Gamull Esquire the Major for the time being For the County of Stafford Sir Edward Littleton and Sir Richard Levison For the County of Derby Sir John Curson William Allestre Esquire For the County of Nottingham Sir Thomas Hutchinson Robert Sutton Esquire For the Town and County of Nottingham Sir Thomas Hutchinson Robert Sutton Esquire and the Major for the time being For the County of Lincoln Thomas Hatcher Thomas Grantham and John Broxholm Esquires
For the City and County of the City of Lincoln the Major for the time being and Thomas Grantham Esquire For the West Riding of the County of York Ferdinando Lord Fairfax Sir Edward Roads Sir William Strickland Henry Cholmley Esquire For the East Riding Sir Marmaduke Langdale John Allured Esquire For the North Riding Thomas Hebblethwait Esquire Sir Henry Anderson Sir Henry Slingsby John Wastell Esquire For the City and County of the City of York the Lord Major for the time being Sir Thomas Widdrington and Sir William Allison For the County of Sussex Sir Thomas Pellham Mr. Shelley Mr. William Hay For the Ports in Sussex William Hay Herbert Morley Esquire For the County of Bucks Sir William Andrews Baronet Sir Alexander Denton Knight Sir John Parsons For the County of Berks Sir George Stonehouse Sir John Bacchus Roger Knight Esquire For the County of Cornwal Sir Richard Carey Baronet Alexander Carey Esquire Sir Richard Butler Knight For the County of Cumberland Richard Barwick Esquire William Pennington of Seaton Esquire For the County of Cambridge Sir Dudley North Sir John Cutts Thomas Chichely Thomas Wendy and Thomas Symonds Esquires For the County of Devon Sir Samuel Rolle Sir John Bramfield Baronet For the City of Exceter the Major for the time being For the County of Dorset Sir Walter Erle Sir Thomas Trenchard Knights For the County of Essex Sir Harbottle Grimston Sir Richard Everard Sir Thomas Bendish Sir Robert Kemp. For the County of Gloucester Henry Bret Esquire Sir Robert Cook Edward Stevens Thomas Hodges Esquires For the City and County of the City of Gloucester the Major for the time being and the two Ancient Aldermen For the County of Huntingdon Sir Sydney Mountague Anslow Winch Esquire Tirel Josseline Esquire Henry Cromwel Esquire For the County of Hertford Edward Chester Edward Wingate Esquires John Butler For the County of Hereford Walter Kerle Esquire Sir William Crofts Knight John Scudamore of Kenchurch James Kirle Edward Broughton Esquires For the County of Kent Mr. Edward Boyes Sir Thomas Walsingham Sir Edward Partridge Knights Richard Lee Esquire For the City and County of the City of Canterbury Sir Edward Masters Knight and for the Ports in Kent and their Members Sir Edward Boys Knight For the County of Leicester Sir Arthur Haslerigg Thomas Lord Grey For the County of Middlesex Sir John Danvers Sir William Roberts Sir Henry Roe Sir Gilbert Gerrard Sir John Franklyn For the City of Westminster Sir Robert Pye William Wheeler John Glyn Esquires For the City of London the Lord Major Thomas Soame Isaak Pennington Aldermen Samuel Vassal and Captain John Ven Merchants Members of the House of Commons For the County of Northampton Edward Montague Esquire Sir John Dryden Sir Christopher Yelverton Zouch Tate Esquire For the County of Norfolk Sir John Potts Sir Thomas Woodhouse Sir Edmond Moundeford For the City and County of Norwich the Major for the time being For the County of Northumberland Sir John Fennicke Henry Ogle Thomas Middleton William Shafto of Babington Esquires Town of New-Castle the Major for the time being Mr. Ledyard For the Town of Barwick Sir Robert Jackson Mr. John Sleigh Gent. William Fenwick Gent. For the County of Oxon. James Fynes Sir William Cobb Sir Thomas Penniston and John Doyley Esquire For the County of Rutland Sir Guy Palmes Sir Edward Harrington Robert Horseman Esquire For the County of Surrey Sir John Evelyn Sir Ambrose Brown Baronet For the County of Salop Sir Richard Newport Mr. Richard Moore Charles Baldwin Esquire For the County of Southampton Richard Whitehead Esquire Sir William Lewis Town of Southampton Major for the time being For the County of Suffolk Sir Roger North Sir Robert Crane Robert Reynolds Esquire Sir William Platers William Cage Esquire For the County of Somerset Sir John Horner Sir John Pawlet Knights John Pyne Esquire City of Bristol the Major for the time being John Gunning John Tomlinson For the County of Westmorland Sir Philip Musgrave Knight and Baronet Sir Henry Bellingham Gawin Braithwait Esquire For the County of Wilts Sir Nevil Poole Anthony Hungerford Esquire For the County of Worcester Humphrey Solloway Esquire Edward Dingley Edward Pitt Thomas Rouse Esquire City of Worcester the Major for the time being For the County of Warwick Sir Richard Skeffington William Combes Esquire John Hales Richard Shugborough Esquires For the City and County of Coventry the Major for the time being Alderman Million John Barr Esquire For the City of Litchfield the Bailiffs for the time being For the County of Anglesey Thomas Buckley Owen Wood Esquires For the County of Pembroke Henry Williams Thomas Gwyn William Morgan Esquires For the County of Carnarvan Thomas Glyn of Nantley William Thomas Owen Wynn Thomas Madrin Esquires For the County of Denbigh Thomas Middleton John Loyd William Wyn Esquire For the County of Flynt Thomas Mostyn Humphry Dymock John Eaton John Salisbury Esquires For the County of Glamorgan William Herbert Sir Thomas Lyne Miles Buton Esquires For the County of Merioneth William Salisbury Esquire Sir James Price Knight For the County of Pembrook Sir Richard Philips Baronet Sir Hugh Owen Knight and Baronet For the County of Montgomery Arthur Price Esquire Richard Griffith Edward Vaughan Esquires For the County of Radnor Thomas Lewis Robert Williams Richard Jones Esquires For the County Palatine of Durham Sir Lionel Madidson Sir Alexander Hall George Lilburn Clement Fulthorp For the County of Cardigan Walter Loyd James Lewis Esquires For the County of Carmarthen Richard Earl of Carberry Francis Loyd Esquire For the County of Monmouth Sir William Morgan Thomas Morgan William Herbert of Colebrook William Baker of Abergany Sir Robert Cooke Sir Charles Williams James Kirke Esquires Which said Persons so appointed and nominated or any one or more of them together with the Justices of the Peace of every Shire County or Riding respectively or any one or more of them or the Major Bailiffs Justices of the Peace Jurats or other Head-Officers within any City or Town Corporate or other Priviledged places or any one or more of them respectively shall have Power and are hereby authorized and required to do and perform all and every such thing and things as shall be necessary to the due execution of this present Ordinance according to the Instructions herewith annexed which said Instructions are hereby Ordered and Commanded to be duly observed and executed by all and every Person and Persons whom it shall or may appertain as they will answer the contrary at their Perils This Ordinance to continue no longer then till the end of this present Session of Parliament Instructions appointed by Ordinance of Parliament to the Persons thereby Authorized for the Disarming of Popish Recusants Instructions to the Comissioners for Disarming Popish Recusants and others and other dangerous Persons I. SUch Members of the House of Commons and other Persons as in and by the said Ordinance are particularly named and appointed or any one or more of them and the Justices
the Question Whether Corn was such Victuals as was intended to have the price rated within the said Statute In Answer to which Demand the said Sir Robert Berkley then being one of his Majesties Justices of the Court of Kings-Bench in furtherance of the said unlawful Charge endeavoured to be imposed as aforesaid the Thirtieth day of November in the Eighth Year of his now Majesties Reign did deliver his Opinion That Corn was such Victual as was intended to have the Price rated within the said Statute Which said Opinion was contrary to Law and to the plain Sense and Meaning of the said Statute and contrary to his own Knowledg and was given and delivered by him with a purpose and intention that the said unlawful charge might be imposed upon the Subject 3. That an Information being preferred in the Court of Star-Chamber by the said William Noy his Majesties then Attorney-General against John Overman and Fifteen other Soap-makers Defendants charging them with several pretended Offences contrary to divers Letters Patents and Proclamations touching the Making and Uttering Soap and using the Trade of Soap-makers and other Offences in the said Information mentioned Whereunto the Defendants did plead and Demur as to part and answer to other part of the said Information And the said Plea and Demurrer being over-ruled for that the Particulars therein insisted upon would appear more fully after answer and proof therefore the Defendants were ordered to Answer without Prejudice and were to be admitted to such Exceptions to the said information and Advantages of the matter of the Plea and Demurrer upon the hearing as shall be material and accordingly the Defendants did put in their Answers and set forth several Acts of Parliament Letter-Patents Charters Customs and Act of Common-Councel of the City of London and other Matters materially conducing to their Defence and in Conclusion pleaded Not Guilty The said Sir Robert Berkley then being one of the Justices of Court of Kings-Bench upon the 30th day of March in the Eighth Year of his Majesties now Reign upon an Order of Reference to him and others by the said Court of Star-Chamber to consider of the Impertinency of the said Answers did Certifie the said Court of Star-Chamber That the whole Answers excepting the four words and ten last Lines should be expunged leaving thereby no more substance of the said Answers than the Plea of Not Guilty And after upon a Reference to him and others by Order of the said Court of the impertinency of the Interrogatories and Depositions of Witnesses taken on the Defendants part in the same Case the said Sir Robert Berkley upon the second day of May in the Eighth Year of his now Majesties Reign Certified that Nine and thirty of the said Interrogatories and the Depositions upon them taken should be suppressed which Answers except as aforesaid and Depositions although the same did contain the said Defendants most material Defence Yet were expunged and suppressed according to the said Certificates both which said Certificates were contrary to Law and Justice and contrary to his the said Sir Robert Berkley's own knowledg and contrary to the said former Order whereby the Advantages were saved to the Defendants as aforesaid And by reason thereof the said John Overman and the said other fifteen Defendants were sentenced in the said Court of Star-Chamber to be committed Prisoners to the Fleet and disabled from using their Trade of Soap-makers And one of them fined in a Thousand Five hundred Pounds Two of them in a Thousand Pound apiece Four of them in a Thousand Mark apiece which Fines were estreated into the Exchequer without any mitigation And the said Defendants according to the said Sentence were imprisoned and deprived of their Trade and Livelihood tending to the utter ruine of the said Defendants and to the overthrow of free Trade and contrary to the Liberty of Subjects 4. That he the said Sir Robert Berkley then being one of the Justices of the Kings-Bench and having taken an Oath for the due administration of Justice according to the Laws and Statutes of this Realm to His Majesties Liege People on or about the last of December subscribed an Opinion in haec verba I am of Opinion that as where the Benefit doth more particularly redound to the good of the Ports of Maritime Parts as in case of Piracy or Dep redations upon the Seas there the charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judge there the charge of the Defence ought to be borne by all the Realm in general This I hold agreeable both to Law and Reason 5. That he the said Sir Robert Berkley then being one of the Justices of our Court of Kings-Bench and duly sworn as aforesaid In February 1636. subscribed an extrajudicial Opinion in Answer to Questions in a Letter from His Majesty in haec verba Charles R. WHen the Good and Safety of the Kingdom in general is Concerned and the whole Kingdom in Danger Whether may not the King by Writ under the Great Seal of England Command all the Subjects of this Kingdom at their Charge to provide and furnish such Number of Ships with Men Victuals and Munition and for such time as he shall think fit for the Defence and Safeguard of the Kingdom from such Danger and Peril And by Law compel the doing thereof in case of refusal or refractoriness And whether in such case is not the King the Sole Judge both of the Danger and when and how the same is to be prevented and avoided May it please your Most Excellent Majesty We have according to your Majesties Command severally every Man by himself and all of us together taken into serious consideration the Case and Question signed by your Majesty and inclosed in your Royal Letter And we are of Opinion that when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger your Majesty may by Writ under the Great Seal of England command all your Subjects of this your Kingdom at their charge to provide and furnish such number of Ships with Men Victual and Munition and for such time as your Majesty shall think fit for the Defence and Safeguard of the Kingdom from such Danger and Peril And that by Law your Majesty may compel the doing thereof in case of Refusal or refractoriness And we are also of Opinion that in such Case your Majesty is the sole Judge both of the danger and when and how the same is to be prevented and avoyded John Brampston John Finch Humphrey Davenport John Denham Richard Hutton William Joanes George Crook Thomas Trevor George Vernon Robert Barkley Francis Crawley Richard Weston 6. That he the said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench and duly sworn as
aforesaid did on the deliver his Opinion in the Exchequer Chamber against John Hampden Esquire in the Case of Ship-Money that he the said John Hampden upon the matter and substance of the Case was chargeable with the Money then in Question A Copy of which proceeding and judgment the Commons of this present Parliament have delivered to your Lordships 7. That he the said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench and one of the Justices of Assize for the County of York did at the Assizes held at York in Lent 1636. deliver his charge to the Grand-Jury that it was a lawful and inseparable Flower of the Crown for the King to command not only the Maritime Counties but also those that were In-land to find Ships for the defence of the Kingdom And then likewise falsely and maliciously affirmed that it was not his single judgment but the judgment of all his Brethren witnessed by their subscriptions And then also said that there was a rumour that some of his Brethren that had subscribed were of a contrary Judgment but it was a base and unworthy thing for any to give his Hand contrary to his Heart and then wished for his own part that his Hand might rot from his Arm that was guilty of any such Crime when as he knew that Master Justice Hutton and Master Justice Crook who had subscribed were of a contrary Opinion and was present when they were perswaded to subscribe and did subscribe for Conformity only because the major Number of the Judges had subscribed And he the said Sir Robert Berkley then also said that in some Cases the Judges were above an Act of Parliament which said false malicious Words were uttered as aforesaid with intent and purpose to countenance and maintain the said unjust Opinions and to terrifie His Majesties Subjects that should refuse to pay Ship-Money or seek any remedy by Law against the said unjust and illegal Taxation 8. That whereas Richard Chambers Merchant having commenced a Suite for Trespass and false imprisonment against Sir Edward Bromfield Knight for imprisoning him the said Chambers for refusing to pay Ship-Money in the time that the said Sir Edward Bromfield was Lord Mayor of the City of London in which Suite the said Sir Edward Bromfield did make a special Justification The said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench in Trinity Term last then sitting on the Bench in the said Court upon debate of the said Case between the said Chambers and Sir Edward Bromfield said openly in the Court that there was a Rule of Law and a Rule of Government And that many things which might not be done by the Rule of Law might be done by the Rule of Government And would not suffer the Point of Legality of Ship-Money to be argued by Chambers his Councel all which Opinions Declarations Words and Speeches contained in the Third Fourth Fifth Sixth Seventh and Eighth Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Property and contrary to former Resolutions in Parliament and to the Petition of Right which Resolution in Parliament and Petition of Right were well known to him and Resolved and Enacted when he was the King's Serjeant at law and attendant in the Lords House of Parliament 9. That he the said Sir Robert Berkley then being one of the Judges of the Court of King's-Bench and being in Commission of the Peace and duly sworn to execute the Office of a Justice of Peace in the County of Hertford on or about the seventh of January 1638. at which time the General Sessions of the Peace for the said County were there holden The said Sir Robert Berkley then and there sitting on the Bench did revile and threaten the Grand-Jury returned to serve at the said Sessions for presenting the removal of the Communion Table in All-Saints Church in Hertford aforesaid out of the Place where it anciently and usually stood and setting it Alter-ways against the Laws of this Realm in that Case made and provided as an Innovation in Matters concerning the Church the said Grand-Jury having delivered to them in Charge at the said Sessions by Master Serjeant Atkins a Justice of the Peace of the said County of Hertford that by the Oath they had taken they were bound to present all Innovations concerning Church Matters And he the said Sir Robert Berkley compelled the Fore-Man of the Jury to tell him who gave him any such Information and thereby knowing it to be one Henry Brown one of the said Grand-Jury he asked the said Brown how he durst meddle with Church Matters who affirming that in the said Charge from Master Serjeant Atkins the said Jury was charged to do he the said Sir Robert Berkley told the said Brown he should therefore find Sureties for his good Behaviour and that he the said Sir Robert Berkley would set a great Fine on his Head to make him an Example to others and thereupon the said Brown offered sufficient Bail but he the said Sir Robert Berkley being incensed against him refused the said Bail and committed the said Brown to Prison where he lay in Irons till the next Morning and used to the said Brown and the rest of the Jurors many other reviling and terrifying Speeches And said he knew no Law for the said Presentment and told the said Brown that he had sinned in the said Presentment And he compelled the said Grand-Jurors to say they were sorry for that they had done in that Presentment and did bid them to trample the said Presentment under their Feet and caused Brown to tear the said Presentment in his sight And he the said Sir Robert Berkley when as John Houland and Ralph Pemberton late Mayor of Saint Albons came to desire his Opinion on several Indictments against John Brown Parson of Saint Albons and Anthony Smith Vicar of Saint Peters in Saint Albons at the Quarter Sessions held at the said Town of Saint Albons on the four and twentieth of June 1639. for the removal of the Communion Table out of the usual Place and not Administring the Sacrament according to Law in that Case provided He the said Sir Robert Berkley then told them that such an Indictment was before him at Hertford and that he quashed the same and imprisoned the Promoters by which threatning and reviling Speeches unjust Actions and Declarations he so terrified the Jurors in those Parts that they durst not present any Innovations in the Church Matters to their great Grief and Trouble of their Consciences And whereas several Indictments were preferred against Matthew Brook Parson of Yarmouth by John Ingram and John Carter for refusing several times to Administer the Sacrament of the Lords-Supper to them without any lawful Cause at the Assizes held at Norwich in 1633. He the said Sir Robert Berkley then being one of the Judges of the Assize proceeded then to the Tryal on the said
Councel for his necessary Defence in Point of Law which may happen upon the Matter of High Treason of which he is impeached and in Point of Law and Fact upon the Matters of Misdemeanors of which he is Impeached That for the few Daies until the time of his Tryal he may remain in the Custody of the Sheriff of London where he hath remained a true Prisoner for almost three Quarters of a Year in whose House all his Collections and Papers are for his Defence And that he may have your Lordships License to go with a Keeper to Serjeants Inn to look out some Papers which he hath there and shall have Occasion to produce at his Tryal as also there to Confer and Advise with such Councel as your Lordships shall please to admit or Assign unto him And your Petitioner according to his bounden Duty shall allways pray for the continuance of your Lordships Honor and Happiness c. The Names of such Councel as your Petitioner most humbly desires are The Princes Attorney Mr. Recorder of London Mr. Herne Mr. Thorp Mr. Fountain Mr. Bierley Mr. Lightfoot Mr. Brome Subscribed Robert Berkley Before the House resolved of any Answer herein The Bishops withdraw being a mixt Charge the House was Adjourned into a Committee to consider whether the Bishops should not withdraw during the Agitation of this Business it being a mixt Charge of Treason as well as Misdemeanor after a long Debate the House was resumed and it was agreed That the Matter of Treason should be first Ordered at which the Bishops are to withdraw and when the Matter of Misdemanor come into Agitation they are to come into this House again to their Places Hereupon the Bishops withdrew themselves and after a long Debate it was Ordered That Mr. Justice Berkley shall have a Warrant for to bring such Witnesses as he shall have Occasion for to testifie for him at his Trial in Matters of Misdemeanors but not in Matters of Treason Then the Lords the Bishops were called in and the Lord Keeper declaring unto them the Sense of this Order they gave their Consents thereunto And further it was Ordered That the Princes Attorney Mr. Recorder of London Mr. Herne Mr. Bierly Mr. Thorp shall be assigned of Council for Mr. Justice Berkley in Point of Law which may happen upon the Matter of Treason and in Point of Law and Fact upon the Matters of Misdemeanor at his Trial the second of November next And that the said Justice Berkley shall still remain in the Custody of George Clerk Esquire one of the Sheriffs of the City of London where he is now and that he have Liberty to go to Serjeants Inn in Fleet Street one Day when he shall think good with his Keeper to look out some Papers which he hath there and shall have Occasion to use at his Tryal Then Mr. Justice Berkley was called in and the Lord Keeper pronounced the aforesaid Order to him for which he gave their Lordships most humble Thanks Mr. Warwick Reports Five Conge de Estires for new Bishops to be petitioned to be stayed That there were Directions given from his Majesty for the drawing up of Five Conge d' Eslires for the making of Five New Bishops viz. Dr. Prideaux Dr. Brownrick Dr. Holdsworth Dr. Winniff and Doctor King Upon which Mr. Strode moves the House to send up a Message to the Lords to desire them to joyn in Petitioning his Majesty for the staying the making of these new Bishops till the Charge against the other Bishops was dispatched This day Information was given into the House of Lords that since the Act for bounding the Forrest many Riots were committed upon the occasion of killing of Deer pretending they were not within the Bounds of the Forrest and that in Oxfordshire in one of those Fraies a Keeper was killed It was also moved that the Bill for disabling Persons in Holy Orders from exercising Temporal Jurisdiction might not be read at present it having been voted against as to the Substance in a former Bill this Sessions but it was Ordered to be read a second time to morrow Morning peremptorily Mr. Pym Reports the Reasons for Excluding the Thirteen Bishops Wednesday October 27 in Order to the delivering them at a Conference with the Lords and desires that Mr Solicitor may have the mannaging of the Business On the other Side Mr. Solicitor excused himself and desired that Mr. Pym might manage it whereupon it was to end the Contest Ordered That Mr. Pym and Mr. Solicitor should have the mannaging of the whole Business concerning the Bishops and accordingly they did so at a Conference with the Lords upon this Subject The Lord Privy Seal Reported the Conference yesterday with the House of Commons concerning Bishops viz. Mr. Mr. Pym's Speech at the Conference about Excluding the Bishops from Voting in the Case of the 13 Bishops impeached Oct. 27. 1641. Pym declared from the House of Commons That there is nothing of greater importance to the safety and good of the Kingdom then that this High Court of Parliament which is the Fountain of Justice and Government should be kept pure and uncorrupted from Corruption free from Partiality and by-respects this will not only add Lustre and Reputation but Strength and Authority to all our Actions Herein he said your Lordships are specially interessed as you are a Third Estate by Inheritance and Birth-right so the Commons are publickly interessed by Representation of the whole Body of the Commons of this Kingdom whose Lives Fortunes and Liberties are deposited under the Custody and Trust of the Parliament He said The Commons have commanded him and his Colleague Mr. Solicitor General to present to your Lordships two Propositions which they thought very necessary to be observed and put in Execution at this time 1. That the 13 Bishops which stand accused before your Lordships for making the late pretended Canons and Constitutions may be Excluded from their Votes in Parliament 2. That all the Bishops may be suspended from their Votes upon that Bill intituled An Act to disable all Persons in Holy Orders to exercise any Jurisdiction or Authority Temporal The first of these is committed to his Charge and he said he was commanded to support it with three Reasons First That the 13 Bishops have broken that Trust to which every Member of Parliament is obliged which Trust is to maintain 1. The Prerogative of the King 2. The Priviledge of Parliaments 3. The Propriety of the Subject 4. The Peace of the Kingdom And this Trust they have broken not by one Transient Act but by setting up Canons in Nature of Laws to bind the Kingdom for ever That the Canons are of this Nature appears by the Votes of both Houses and that they were all Parties to the making thereof appears by the Acts of that Synod The Book it self the Commons cannot tender to your Lordships because they sent for it but he that hath the Book in Custody
Soams Alderman Pennington and Mr. Venn do repair to the Common-Council of the City of London when they are sitting and to acquaint them with the Information this House received what Practices have been used to the Inns of Court and those other Informations of the like Nature that have been given to this House of the Preparations of Armed Men about White-Hall and those other Preparations at the Tower And to inform them in what danger the Parliament the Kingdom and the City is in It was also Ordered That Mr. Whittaker Sir Robert Pye and Mr. Pury do presently repair to the House of the Marquess de Neuf-ville and see if his House be furnished with Warlike Ammunition as the House is informed Memorandum Mr. Hollis Mr. Pym Sir Arthur Haslerigg Mr. The 5 Members appearance Entred in the Journal Hampden and Mr. Strode appeared to day according to the Injunction of the House And I find among the Prints of that time a Speech of Mr. Hampden's upon the occasion of his Impeachment which confirms this Memorandum which was as followeth Mr. Speaker IT is a true Saying of the Wise Man That all things happen alike to all Men Mr. Hampden's Speech in Vindication of himself against his Impeachment Jan. 4. 1641. as well to the good Man as to the bad There is no state or condition whatsoever either of Prosperity or Adversity but all sorts of Men are sharers in the same no man can be discerned truly by the outward appearance whether he be a good Subject either to his God his Prince or his Country until he be tryed by the Touchstone of Loyalty Give me leave I beseech you to parallel the Lives of either sort that we may in some measure discern Truth from Falshood and in speaking I shall similize their Lives 1. In Religion towards God 2. In Loyalty and due Subjection to their Soveraign in their Affection towards the Safety of their Country 1. Concerning Religion the best means to discern between the True and False Religion is by searching the Sacred Writings of the Old and New Testament which is of it self pure indited by the Spirit of God and written by Holy Men unspotted in their Lives and Conversations and by this Sacred Word may we prove whether our Religion be of God or no and by looking in this Glass we may discern whether we are in the Right Way or no. And looking into the same I find that by this Truth of God that there is but one God one Christ one Faith one Religion which is the Gospel of Christ and the Doctrine of the Prophets and Apostles In these two Testaments is contained all things necessary to Salvation if that our Religion doth hang upon this Doctrine and no other secondary Means then it is true to which comes nearest the Protestant Religion which we profess as I really and verily believe and consequently that Religion which joyneth with this Doctrine of Christ and his Apostles the Traditions and Inventions of Men Prayers to the Virgin Mary Angels Saints that are Used in the Exercise of their Religion strange and Superstitious Worshipping cringing bowing creeping to the Altar using Pictures Dirges and such like cannot be true but Erroneous nay devillish and all this is used and maintained in the Church of Rome as necessary as the Scripture to Salvation therefore is a false and Erroneous Church both in Doctrine and Discipline and all other Sects and Schisms that leans not only on the Scripture though never so contrary to the Church of Rome is a false worshipping of God and not the true Religion And thus much concerning Religion to discern the truth and falshood thereof 2 I come now Mr. Speaker to the second thing intimated unto you which was how to discern in a state between good Subjects and bad by their Loyalty and due Subjection to their Lawful Sovereign in which I shall under favour observe two things 1. Lawful Subjection to a King in his own Person and the Commands Edicts and Proclamations of the Prince and his Privy Council 2. Lawful Obedience to the Laws Statutes and Ordinances made Enacted by the King and the Lords with the Free Consent of his Great Council of State assembled in Parliament For the First To deny a willing and dutiful Obedience to a Lawful Soveraign and his Privy Council for as Cambden truly saith The Commands of the Lords Privy Councellors and the Edicts of the Prince is all one for they are inseparable the one never without the other either to defend his Royal Person and Kingdoms against the Enemies of the same either publique or private or to defend the Antient Priviledges and Prerogatives of the King pertaining and belonging of Right to his Royal Crown and the maintenance of his Honor and Dignity or to defend and maintain true Religion Established in the Land according to the truth of God is one sign of an Evil and Bad Subject Secondly To yield Obedience to the Commands of a King if against the true Religion against the Ancient and Fundamental Laws of the Land is another sign of an ill Subject Thirdly To resist the Lawful Power of the King to raise Insurrection against the King admit him adverse in his Religion to Conspire against his Sacred Person or any wayes to Rebel thô Commanding things against our Consciences in Exercising Religion or against the Rights and Priviledges of the Subject is an absolute sign of a Disaffected and Trayterous Subject And now having given the Signs of discerning Evil and Disloyal Subjects I shall only give you in a word or two the Signs of discerning which are Loyal and Good Subjects only by turning these Three Signs already shewed on the contrary side 1. He that willingly and chearfully endeavoureth himself to obey his Soveraign's Commands for the Defence of his own Person and Kingdoms for the Defence of True Religion for the Defence of the Laws of his Country is a Loyal and good Subject 2. To deny Obedience to a King commanding any thing against Gods true Worship and Religion against the Ancient and Fundamental Laws of the Land in endeavouring to perform the same is a good Subject 3. Not to resist the Lawful and Royal Power of the King to raise Sedition or Insurrection against his Person or to set Division between the King and his good Subjects by Rebellion although commanding things against Conscience in the Exercise of Religion or against the Rights and Priviledges of the Subject but patiently for the same to undergo his Prince's Displeasure whether it be to his Imprisonment Confiscation of Goods Banishment or any other Punishment whatsoever without Murmuring Grudging or Reviling against his Soveraign or his Proceedings but submitting willingly and chearfully himself and his Cause to Almighty God is the only sign of an Obedient and Loyal Subject I come now to the Second Means to know the difference between a good Subject and a bad by their Obedience to the Laws Statutes and Ordinances made