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A52125 An account of the growth of popery and arbitrary government in England more particularly, from the long prorogation of November, 1675, ending the 15th of February, 1676, till the last meeting of Parliament, the 16th of July, 1677. Marvell, Andrew, 1621-1678. 1677 (1677) Wing M860; ESTC R22809 99,833 162

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for the supplying of the said Vacancy and to be placed in such Order as the said Prelates so assembled or the major part of them shall think fit without regard to dignity antiquity or any other form which Writing shall be presented to the King who may thereupon appoint one of the three persous so to be named to succeed in the said Vacancy And the person so appointed or chosen shall by due form of Law according to the course now used be made Bishop of that See But if in 30 days after such presentment of such Names the King or Queen Regnant shall not Elect or appoint which of the said three persons shall succeed in the said vacant See or if after such Election or appointment there shall be any obstruction in pressing of the usual Instruments and formalities of Law in order to his Consecration then such person whose Name shall be first written in the said Instrument of nomination if there be no Election or appointment made by the King within the time aforesaid shal be the Bishop of the vacant See And if there be an Election or appointment made then the person so appointed shall be the Bishop of the vacant See And the Arch-bishop of the Province wherein the said vacancy shall be or such other person or persons who ought by his Majesties Ecclesiastical Laws to Consecrate the said Bishop shall upon reasonable demand and are hereby required to make Consecration accordingly upon pain of forfeiting trebble damages and costs to the party grieved to be recovered in any of his Majesties Courts at Westminster And immediately after such Consecration the person so consecrated shall be and is hereby Enacted to be compleat Bishop of the said vacant See and is hereby vested in the Temporalties of the said Bishop-prick and in actual possession thereof to all intents and purposes and shall have a Seat and Place in Parliament as if he had by due forms of Law been made Bishop and had the Temporalities restored unto him And in case the person so first named in the said Instrument of nomination or the person so Elected by the King or Queen Regnant shall then be a Bishop so that no Consecration be requisite then immediately after default of Election or appointment by the King or immediately after such Election or appointment if any shall be made within the said time and any Obstructions in pressing the Instruments and Formalities in Law in such cases used the Bishop so first Named or Elected and appointed shall thereupon ipso facto be translated and become Bishop of that See to which he was so nominated and appointed and shall be and is hereby vested in the Temporalties and actual possession thereof to all intents and purposes and shall have his Seat and Place in Parliament accordingly and his former See shall become vacant as if he had been by due Forms of Law chosen and confirmed into the same and had the Temporalities restored unto him And be it further Enacted That until the making the said Oath and Declaration in manner aforesaid the respective succeeding Kings and Queens that shall not have made and subscribed the same shall not grant or dispose of any Denary or Arch-Deconary Prebendary Mastership of any Colledge Parsonage Viccarage or any Ecclesiastical Benefice or Promotion whatsoever to any other person but such person as shall be nominated for the same unto the said King or Queen Regnant by the Arch-bishop of Canterbury or Guardians of the Spiritualities of the said Arch-bishop-prick for the time being if the same be within the Province of Canterbury and by the Arch-bishop-prick of York or Guardians of the spiritualities of the said Arch-bishop-prick for the time being if the same be within the Province of York by writing under their respective Hands and Seals and in case any such as shall be accordingly nominated shall not be able to obtein Presentation or grant thereof within 30 dayes next after such nomination then the said person shall and may and is hereby enabled by force of the said nomination to require Institution and Induction from such person and persons unto whom it shall belong to grant the same who shall accordingly make Institution and Induction as if the said person were lawfully presented by the said King or Queen Regnant upon pain to forfeit to the party grieved trebble damages and costs to be recovered in any of his Majesties Courts at VVestminster and in cases where no Institution or Induction is requisite the said person so nominated from and after the end of the said 30 dayes shall be and is hereby actually vested in the possession of such Denary Arch-Deaconary Prebendary Mastership Rectory Parsonage or Vicarage Donative or other Ecclefiastical Benefice or Promotion and shall be full and absolute proprietor and Incumbent thereof to all Intents and Purposes as if he had obteyned possession therof upon a legall grant by the said King or Queen Regnant and proceeding thereupon in due form of Law Provided always and be it Enacted by the Authority aforesaid That it shall and may be lawful for the Lord High Chancellor of England or the Lord Keeper of the great Seal of England for the time being to pass presentations or grants to any Ecclesiastical Benefice under value in the Kings Gift in such manner as hath been accustomed any thing in this present Act to the contrary notwithstanding And be it further Enacted That during such time as any King or Queen Regnant shall be under the said fourteen yeares no person that shall be Lord Protector or Regent of this Realme During such minority shall in any wise either in the name of the King or Queen Regnant or in his own name grant confer or dispose of any Arch-Bishop-prick Bishoprik Deanary Prebendary Master-ship of any Colledge Personage Vicarage or other Ecclesiastical Benefice or Promotion whatsoever but the same shall be disposed of in manner above mentioned during such miniority untill such Lord Protector or Regent shall make and subscribe the said Oath and Declaration mutatis mutandis before such nine or more of the said Prelates as he shall call to Administer the same unto him which Oath and Declaration they are hereby Authorized and required to Administer under the penaltyes aforesaid when they shall be called thereunto by such Lord Protector or Regent for the time being And be it further Enacted That the Children of such succeeding King or Queen Regnant that shall not have made and subscribed the Oath and Declaration in manner aforsaid shall from their respective Ages of seven years untill the respective Ages of fourteen yeares to be under the care and goverment of the Arch-Bishops of Canterbury and York and Bishop of London Durham and VVinchester for the time being who are hereby enjoyned and required to take care that they be well instructed and Educated in the true Protestant Religion as it is now Established by Law and to the Intent that the Arch-Bishops and Bishops for the time being
and distrusting all Parliamentary Advice to take Counsel from themselves from France and from Necessity And in the meane time they fomented all the Jealousies which they caused They continued to inculcate Forty and One in Court and Country Those that refused all the mony they demanded were to be the onely Recusants and all that asserted the Libertyes of the Nation were to be reckoned in the Classis of Presbyterians The 13th of October came and his Majesty now asked not only a Supply for his building of Ships as formerly but further to take off the Anticipation upon his Revenue The House of Commons took up again such Publick Bills as they had on foot in their former sitting and others that might either Remedy Present or Prevent Future Mischiefs The Bill for Habeas Corpus That against sending men Prisoners beyond Sea That against raising Mony without Consent of Parliament That against Papists sitting in either House Another Act for speedier convicting of Papists That for recalling his Mejestys Subjects out of the French service c And as to his Majestys supply they proceeded in their former Method of the two Bills One for raising 300000 l. and the other for Appropriating the Tunnage and Poundage to the use of the Navy And in the Lords House there was a good disposition toward things of Publick Interest But 300000 l. was so insipid a thing to those who had been continually regaled with Millions and that Act of Appropriation with some others went so much against stomack that there wanted only an opportunity to reject them and that which was readiest at hand was the late quarrel betwixt the House of Lords and the Commons The house of Commons did now more peremptorily then ever oppose the Lords Jurisdiction in Appeals The Lords on the otherside were resolved not to depart from so essentiall a Priviledge and Authority but to proceed in the Exercise of it So that this Dispute was raised to a greater Ardure and Contention then ever and there appeared no way of accomodation Hereupon the Lords were in consultation for an Addresse to his Majesty conteining many weighty Reasons for his Majestyes dissolving this Parliament deduced from the nature and behaviour of the present House of Commons But his Majesty although the transaction between the two Houses was at present become impracticable Judging that this House might at some other time be of use to him chose only to Prorogue the Parliament The blame of it was not onely laid but aggravated upon those in both Houses but especially on the Lords-House who had most vigorously opposed the French and Popish-Jnterest But those who were present at the Lords and observed the conduct of the Great Ministers there conceived of it otherwise And as to the House of Commons who in the heat of the Contest had Voted That vvhosoever shall Sollicity or prosecute any Appeal against any Commoner of England from any Court of Equity before the House of Lords shall be deemed and taken abetrayer of the Rights and Liberties of the Commons of England and shall be proceeded against accordingly Their Speaker going thorow VVestminster Hall to the House and looking down upon some of those Lawyers commanded his Mace to seize them and led them up Prisoners with him which it is presumed that he being of his Majesties Privie Councill would not have done but for what some men call his Majesties Service And yet it was the highest this of all the Provocations which the Lords had received in this Controversie But however this fault ought to be divided there was a greater committed in Proroguing the Parliament from the 22th of November 1675 unto the 15th of February 1676. And holding it after that dismission there being no Record of any such thing done since the being of Parliaments in England and the whole Reason of Law no lesse then the Practise and Custome holding Contrary This vast space betwixt the meetings of Parliament cannot more properly be filled up then with the coherence of those things abroad and at home that those that are intelligent may observe whether the Conspirators found any interruption or did not rather sute this event also to the Continuance of their Counsells The Earl of Northampton is not to be esteemed as one engaged in those Counsells being a person of too great Honour though the advanceing of him to be Constable of the Tovver was the first of our Domestick occurrents But if they could have any hand in it 't is more probable that lest he might perceive their Contrivances they apparelled him in so much Wall to have made him insensible However men conjectured even then by the Quality of the Keeper that he was not to be disparaged with any mean and vulgar Prisoners But another thing was all along very remarkable That during this Inter-Parliament there were five Judges places either fell or were made vacant for it was some while before that Sir Francis North had been created Lord Cheif Justice of the Common Pleas the five that succeeded were Sir Richard Rainsford Lord Chief Justice of the Kings Bench. Mountagne Lord Chief Baron of the Exchequer Vere Bartie Barrister at Law one of the Barrons of the Exchequer Sir William Scroggs one of the Justices of the Common Pleas. And Sir Thomas Jones one of the Justices of the Kings Bench. Concerning all whom there it somthing too much to be said and it is not out of a figure of speech but for meer reverence of their Profession that I thus passe it over considering also humane infirmity and that they are all by their Pattens Durante Bene Placito bound as it were to the Good Behaviour And it is a shame to think what triviall and to say the best of them obscure persons have and do stand next in prospect to come and sit by them Justice Atknis also by Warping too far towards the Laws was in danger upon another pretense to have made way for some of them but upon true Repentance and Contrition with some Almes Deeds was admitted to Mercy And all the rest of the Benches will doubtlesse have profited much by his and some other example Alas the Wisdom and Probity of the Law went of for the most part with good Sir Mathevv Hales and Justice is made a meere property This poysonous Arrow strikes to the very heart of Government and could come from no Quiver but that of the Conspirators What French Counsell what standing Forces what Parliamentary Bribes what National Oaths and all the other Machinations of wicked men have not yet been able to effect may be more compendiously Acted by twelve Judges in Scarlet The next thing considerable that appeared preparatory for the next session was a Book that came out by publick Authority Intitled Considerations touching the true vvay to suppresse Popery c. A very good design and writ I beleive by a very good man but under some mistakes which are not to be passed over One in the Preface wherein he