The Journals of All the Parliaments During the Reign of Queen Elizabeth. Originally published by Irish University Press, Shannon, Ire, 1682.
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On Thursday the 4th day of February (to which day the Parliament had been on Monday the 21th day of December foregoing last adjourned) either House assembled together without all manner of Pomp or Solemnity, as at other ordinary and usual times, and so fell to the reading of such Bills, and treating of such other businesses as did remain unfinished upon their last Adjournment.
The first work which the House of Commons entred upon this morning after Prayers, was the reading of some Bills not yet passed in their last Meeting, being four in number, whereof the last being the Bill for following of Hue and Cry, was upon the third reading committed unto Sir Henry Cock, Mr Morrice, Mr Wroth, Mr Sandes, Mr Conisby, and others; and the Bill was delivered to Mr Sandes, but neither the place or time of their meeting are set down.
On Friday the 5th day of February the Bill for confirmation of her Majesties Letters Patents granted to the Queens Colledge in Oxford was twice read, and thereupon committed unto Mr Sandes, Mr Mills, Mr Wade, and others, (and the Bill was delivered to Mr Sandes) who were appointed to meet to morrow in the Afternoon in the Middle Temple Hall.
After which four other Bills of no great moment had each of them one reading; of which the last being the Bill for explanation of the Statute lately made for the maintenance of Rochester Bridge, was upon the second reading committed unto Sir Philip Sidney, Mr Wotton, Mr Diggs, and others, and the Bill was delivered to Mr Wotton, who with the rest was appointed to meet to morrow in the Afternoon in the Middle Temple Hall.
On Saturday the 6th day of February two Bills after the third reading passed upon the Question; of which the last was the Bill that Parsonages impropriate may be disposed to godly and charitable uses.
The Bill for the Hue and Cry was delivered in again by the Committees with an addition of amendment to the same in paper; which addition being twice read, was ordered to be ingrossed and added to the same Bill.
On Monday the 8th day of February three Bills of no great moment had each of them one reading; of which the last being the Bill to provide remedy against fraudulent Conveyances was after the second reading put to the Question, whether it should be committed or no; and the Voices for the No appearing upon the division of the House to be 156, and the Voices for the Yea to be but 140, was ordered not to be committed.
Four Bills of no great moment had each of them one reading; of which the last being the Bill for repairing and maintenance of Sea-banks and Sea-works on the Sea-coasts in the County of Norfolk was upon the second reading committed unto Sir William Dymock, Sir Robert Germin, Sir Drew Drury and others, and the Bill was delivered to Sir Drew Drury, who with the rest was appointed to meet upon Friday next in the Afternoon in the Middle Temple Hall.
The Bill for following of Hue and Cry, the Bill for Swearing of Under-Sheriffs, and the Bill that Parsonages impropriate may be disposed to godly and charitable uses, were sent up to the Lords by Mr. Treasurer, Mr. Vice-Chamberlain and others.
Mr. Lewkenor, one of the Committees for Rochester Bridge and the Glass-houses, brought in the Bill touching Rochester Bridge with some amendments; which Bill being then read again, and the amendments being twice read, it was ordered to be ingrossed.
On Wednesday the 10th day of February six Bills of no great moment had each of them one reading; of which the last being the Bill touching Collectors of Issues by Juries, was read the third time, and upon the Question was committed to the present consideration for a Proviso unto Mr Chancellor of the Exchequer, Mr. Cromwell, Mr Sands, and others, to confer presently in the Treasury-Chamber.
Upon a Motion this day made touching the opinion of this House for Priviledge in a case of Subpæna out of the Chancery, served upon Richard Cook Esquire a Member of this House, returned a Burgess to this present Parliament for the Borough of Limmington in the County of Southampton, It was ordered, That Mr Recorder of London, Mr Sands and Mr Cromwell attended on by the Serjeant of this House, shall presently repair in the Name of the whole House into the Body of the Court of Chancery, and there to signifie unto the Lord Chancellor and the Master of the Rolls, that by the ancient Liberties of this House the Members of the same are priviledged from being served with Subpæna's; and to require withal not only the discharge of the said Mr Cook his appearance before them upon the said Subpæna, but also to desire that from henceforth upon like cases the said Lord Chancellor and Master of the Rolls will allow the like Priviledges for other Members of this House to be signified unto them in writing under Mr Speakers hand. Vide de ista materia in die sequenti.
It was Ordered, That Mr Anthony Kirle of the Middle Temple shall be warned by the Serjeant of this House tomorrow in the Afternoon (sitting the Court) to answer unto such matters as shall be then and there objected against him by this House on the behalf of Alban Stepneth Esquire, being a Member of this House, returned a Burgess into the same for the Town of Haverford West. Vide plus de ista materia on the day next ensuing.
Mr Recorder of London, Mr Cromwell, and Mr Sandes being returned from the Chancery, did declare unto the House, that they have been in Chancery within the Court, and there were very gently and courteously heard in the delivery of the Message and charge of this House committed unto them, and were answered by the Lord Chancellor, that he thought this House had no such liberty of Priviledge for Subpæna's; as they pretended; neither would he allow of any Precedents of this House committed unto them formerly used in that behalf, unless this House could also prove the same to have been likewise thereupon allowed and ratified also by the Precedents in the said Court of Chancery. And after some other Speeches and Arguments, the said Mr. Sandes and Mr. Cromwell were further appointed to search the Precedents of this House against to morrow, that thereupon this House may enter into further Consideration of the state of the Liberties and Priviledges of this House accordingly. Vide plus concerning this matter amongst the passages of the day foregoing.
Mr. Roger Erith Esquire, one of the Burgesses for the Borough of Wilton in the County of Wilts being sick, was upon a Motion made to this House, licensed to depart into the Country for the better recovery of his health.
Upon a Motion made by Mr. Recorder, that those of this House towards the Law, being the most part of them at the Bars in her Majesties Courts attending their Clients Causes, and neglecting the Service of this House, be called by the Serjeant to repair unto this House presently, and to give their attendance in the service of the same, It was Ordered, That the Serjeant of this House do forthwith repair unto all the said Courts, and there give notice and charge from this House, that all those of this House that are in any the same Courts, or at any of the Bars of the same Courts, shall presently make their repair unto this House, and give their attendance here. And the said Serjeant being sent shortly after, many of them came into this House upon the said Commandment accordingly. After which said Motion the Bill touching Collectors of Issues lost by Juries, was passed upon the Question, without allowance of any Proviso from the Clerks of the Extracts in the Exchequer.
Upon a Motion made by Sir William Herbert, that Mr. Recorder of London who erft made a Motion to this House, That those of the Law being Members of this House, and then attending at the Bars in the Courts in the Hall, might be sent for to give their attendance here in this House, being now since their coming in gone out of the House himself, and as he was informed, was presently pleading at the Common Pleas Bar, to the great abuse of this whole House, might be forthwith sent for by the Serjeant to answer his said contempt; It was Ordered, That the Serjeant of this House do forthwith go to the said Common Pleas Bar, and charge the said Mr. Recorder to make his present repair unto this House for his attendance, but not to answer to any contempt.
Five other Bills of no great moment had each of them their last reading, and were sent up to the Lords by Mr. Treasurer and others; of which the last was the Bill of Explanation and Addition unto the former Statute for maintenance of Rochester Bridge.
Mr. Anthony Kirle was brought to the Bar by the Serjeant of this House, and charged by Mr. Speaker in the Name of this whole House with a Contempt to this House, for that he had served Alban Stepneth Esquire, being a Member of this House (returned into the same a Burgess for the Town of Haverford West) with a Subpæna out of the Star-Chamber in the Parliament time, and within the Palace of Westminster, as the said Mr. Stepneth was coming to this House to give his attendance there, and further afterwards procucured an Attachment out of the said Court against him, to the great hinderance and impediment of the said Mr. Stepneth his service and attendance in this House, and also to his great cost and charge. To which he answered, True it was he served a Subpæna upon the said Mr. Stepneth in a Cause of Suit, not then knowing him to be a Member of this House, and afterwards understanding that the said Mr. Stepneth made default of his appearance upon the said Subpæna, and that four or five days after the return of the Writ he made an Affidavit in the said Court of the serving of the said Subpæna, and so obtained an Attachment against the said Mr. Stepneth; at which time he was told by one of the Attornies of that Court, that the said Mr. Stepneth was a Member of this House; alledging that before that time he knew him not to be of this House, and did then also forbear to cause the said Attachment to be executed upon him: In doing whereof if he have given cause of offence or contempt unto this House, as he had done the same ignorantly, so did he (he said) humbly submit himself therein to the good and favourable Consideration of this House. Which done, he was sequestred out of the House.
And then after sundry Motions had in the same matter, and by some of which it appeared that the said Mr. Stepneth had with payment of Money to Mr. Kirle's Attorney redeemed his liberty from being arrested by the said Attachment; It was at last resolved by this House, That the said Mr. Kirle had committed a great contempt to this whole House, and the Liberties and Priviledges of the same, both in serving the said Subpæna upon the said Mr. Stepneth, and also in procuring the said Attachment against him, and in all the residue of the parts of the said Suit from the time of serving the said Subpæna thitherto. And thereupon ordered and adjudged by this House, That the said Anthony Kirle shall for his said contempt be committed Prisoner to the Serjeants Ward and Custody, there to remain during the pleasure of this House, and shall also satisfie and pay unto the said Mr. Stepneth as well all such his Costs and Charges and Expences by him expended in and about the same Suit as shall be set down and agreed upon by Mr. Morrice and Mr. Miles Sandes, who were for that purpose appointed by this House to confer with the said Mr. Stepneth, and to examine those Charges; as also all other Charges which the said Mr. Stepneth hath been at, or defrayed unto the said Serjeant in or about the arresting which should have been executed upon him by virtue of the foresaid Attachment out of the said StarChamber at the Suit of the said Mr. Kirle.
After which the said Mr. Anthony Kirle was brought again to the Bar, and there kneeling upon his knees, was asked by Mr. Speaker, whether he had received of Mr. Stepneth any Money for the Charges of the said Attachment? He answered he had not, but his Attorney had. And being asked, whether his Attorney did receive it to his use or no? He said his Attorney did allow it to him in the payment for the Copy of Mr. Stepneth his Answer. And then Mr. Speaker pronounced unto him the said Judgment in form aforesaid in the Name of this whole House. After the pronouncing whereof he humbly besought this House of their favourable goodness to grant him liberty to follow some Causes of his own, and also some other of his Clients; but it was denied him, and so he was had away by the Serjeant. And after his departure upon some motions, that Consideration might be had of his Clients Causes, the Term now continuing but one day more, it was referred to Mr. Speaker's liberty to let him follow his own Causes and his Clients with his Keeper attending upon him. Vide principium hujus materiæ die præcedente, & vide consimilem casum in Parliamento de Anno 31 Reginæ Eliz. on Friday the 12th day of February.
On Friday the 12th day of February five Bills were had in agitation in the House, whereof two concerning the Government of the City of Westminster and the assurance of Sir Thomas Lucy were brought into the House by the several Committees of them with Proviso's and Amendments added unto them, which they did humbly offer to the Consideration of the House; and the other three of no great moment had two of them one reading apiece, and the third two readings, which was the Bill for the good Government of the City of Westminster, viz. the body of the Bill had one reading, and the Amendments two, and then it was ordered to be ingrossed upon the Question.
One of the said three Bills last mentioned to have been read was a new Bill brought into the House for the true answering of the Debts of Edward Fisher Esquire; after the first reading whereof upon a Motion made concerning it, it was Ordered, that the said Edward Fisher should be sent to by the Serjeant of this House to warn him to be in this House himself upon Monday next, if it please him to procure himself a Writ for that purpose, or else that his Councel be then there for him to shew cause, if he have any, why this House should not proceed to the expediting and passing of the same. Vide plus de ista materia on Monday the 15th day of this instant February following.
On Saturday the 13th day of February, the Bill touching the breadth of Woollen-Cloths was upon the second reading committed unto Mr. Vice-Chamberlain, Mr. Treasurer, Mr. Chancellor of the Exchequer, Sir Thomas Heneage, Sir John Peeter and others, and the Bill was delivered to Mr. Treasurer, who with the rest was appointed to meet on Monday next in the Afternoon in the Parliament Chamber or Pension Chamber of the Middle-Temple.
Mr Recorder of London, Mr Morrice and Mr Penruddock, were appointed to hear and examine the State and manner of the serving of Process upon any the Members of this House from time to time during this Session as occasion thereof shall fall out, and after such information and intelligences thereof then further to impart the same to this House as oc´casion shall serve for further resolution.
Three Bills of no great moment had each of them one reading; of which the second being the Bill for Explanation of the Statute of 21 H. 8. touching Pluralities of Benefices, &c. was upon the second reading committed unto Sir Drew Drewry, Sir Robert Germin, Sir Richard Knightley, Mr Recorder of London and others, who were appointed to meet upon Tuesday next in the Afternoon in the Middle-Temple Hall.
On Monday the 15th day of February, Mr William Stoughton offered unto this House a certain supplication in Parchment of certain abuses in the Ministry within the County of Leicester, and also a note of certain Articles in Paper concerning some disorders in the Bishops Ministry; and also Mr Edward Lewkenor offered another Petition in Parchment touching the abuses in the Ministry in the behalf of the Inhabitants in the East part of the County of Sussex. All which by Order of the House were read. And then also was read another like Petition in Paper for the Inhabitants of the Parish of Holkstone in the County of Kent, which was before the last Adjournment of this Court offered unto this House by Mr John Moore; and after sundry Speeches and Motions had touching the said Petitions, Mr Chancellor of the Exchequer putting the House in mind of the like Petitions in effect offered unto this House in the sitting before the last Adjournment, and imparted to the Lords by a Committee of this House, with humble Suit unto their Lordships to be a mean therein to her Majesty, desired them that they would now forbear any further to deal with these Petitions, until this House have first received Answer from the Lords of the said others; alledging further, that he had very lately put some of their Lordships in remembrance thereof on the behalf of this House; and that he was Answered, we should hear from their Lordships to Morrow next touching their Answer of the same Petitions. Whereupon it was then thought good by this whole House to except their Lordships said Answer therein till then accordingly. Vide concerning Petitions on Thursday the 25th day of February ensuing.
The Committees in the Bills for Actions upon the Case for perfecting of Assurances, and for Fines and Recoveries in the twelve Shires of Wales, were appointed to meet to Morrow in the Afternoon in Lincolns-Inn Hall.
Upon a Motion made by Mr Edward Lewkenor, that some of this House may be appointed to draw a Form of Prayer and Thanksgiving to be used in this House for the great benefits and blessings of God bestowed upon this whole Realm in her Majesty, and for the long continuance of the same, especially in this time of Consultation this day appointed to be had and prosecuted in making of Laws for the preservation and safety of her Majesties most Royal Person; It was agreed, That the said Mr. Lewkenor himself should take such of this House to him as he should think good, and devise and digest the same form of prayer and thanksgiving accordingly.
The Master of the Rolls and the Lord Chief Baron did bring word from the Lords, that their Lordships do desire present Conference with some of this House in a matter of great importance, and that their Lordships have appointed of themselves seventeen. Whereupon were Chosen presently thirty four of this House, viz. Mr Treasurer, Mr Comptroller, Mr Chancellor of the Exchequer, the Lord Russell, Sir Thomas Heneage, Mr Sollicitor, Mr Beale, Mr Wolley, Sir Robert Germin, Sir John Higham, Mr Doctor James, Sir Richard Knightley, Sir George Carey, Mr Edward Lewkenor, Sir Henry Cock, Sir William Moore, Mr Edward Barker, Mr Brunker the Master of the Requests, Mr George Greenfield, Sir Edward Dymock, Mr Skinner, Mr Atturney of the Wards, Sir William Mallory, Mr Strickland, Mr David Williams, Mr Harris, Mr Henry Barkley, Sir Thomas Shirley, Mr Robert Bowes, Mr Recorder of London, Mr Morrice, Mr William Knolles, Mr Faunshaw, Sir Drew Drury, Mr Oughtred, Mr George Digby, and Mr. Cheek, who repaired then presently to the Lords accordingly.
Mr. Yelverton being of the Learned Councel of one of the Creditors of Edward Fisher Esquire, and coming into this House for him, and also some of the Creditors of the said Edward Fisher being likewise present in this House at the Bar, the Bill had in their presence its second reading; and further Order was then given that they be here again to Morrow in the Morning at the first sitting of this Court. Vide concerning this matter on Monday the 22th day of February ensuing.
Three Bills of no great moment had each of them one reading; of which the last being the Bill concerning the assurances of Sir Thomas Lucie and others (the Proviso of it having been once read) had it self the third reading, and passed upon the question with the foresaid Proviso.
The last former Committees returning from the Lords, Mr. Chancellor of the Exchequer one of the said Committees declared unto the House, that they attended the Lords in the Upper House according to the direction of this House to them in that behalf given, and that they found the Lords not to want many of that number which was signified unto this House from them; and withal that there were likewise almost as many of the Committees of this House as were by this House appointed for that purpose. And that the Lord Treasurer being the chiefest of the Committees of the Lords, shewed unto the said Committees of this House, that their Lordships of the Upper House being of such quality and calling as they are known to be, are one Member of the Parliament; And also that the Knights, Citizens and Burgesses of this House representing the whole Commons of this Realm are also another Member of the same Parliament, and her Majesty the Head; And that of these three Estates doth consist the whole Body of the Parliament able to make Laws. And that none of the said two Houses without the other can in any wise make Laws. And withal, that therefore of ancient Courtesie and Custom, both the same Houses have used mutual Conference each with other in matters of doubt happening amongst them from time to time in making and establishing of Laws, and that yet notwithstanding their Lordships have heard by Speeches abroad, not out of this House (for they are not to take knowledge of any thing in this House) that a Bill to provide remedy against fraudulent Conveyances passed with their Lordships, and lately sent down from them to this House, was upon a second reading thereof in this House denied to receive a Committee, whereof their Lordships do greatly marvail and think it very strange not having known the like course used in this House before, especially the Bill being so good and necessary for the Common-Wealth, and so specially recommended from their Lordships to this House, both at the first sending down thereof to this House, and sithence. And being (as their Lordships are informed) upon the reading thereof the first time nothing spoken unto at all, and now lately at the second reading thereof argued unto both with the Bill and against the Bill by sundry on both sides learned in the Laws and of good account and discretion otherwise, which doth greatly import the Bill very much to deserve Conference without all contradiction. And further declaring that the said Bill was very well favoured and liked of her Majesty, yea in so much that her Highness used to call it her own Bill, that it was framed and drawn by her Highness learned Councel, very maturely and advisedly digested in the Upper House with the privity and assistance of the Judges there attending, considered of also in a Committee amongst their Lordships themselves, and with very great deliberation passed also with them, and as before specially recommended unto this House from them; moved in Conclusion, that this House would have such further consideration for proceeding in some convenient course in the said Bill by Conference or otherwise, as may in good discretion seem requisite. And not doubting, but as their Lordships think many of this House have mistaken and misconceived some part of the said Bill, so their Lordships upon Conference had (they doubt not) will resolve and satisfie them in the same. And therefore they desire to be advertised of the Answer of this House therein as soon as may be conveniently. Vide de ista materia in die sequenti.
On Tuesday the 16th day of February a Motion was made for Mr. Kirles releasment from his Imprisonment, and thereupon he was brought into this House, and kneeling upon his Knees, making very humble submission unto this House and acknowledging his fault, alledging it also to have proceeded of ignorance and not of wilfulness, and likewise having paid to the Serjeant of this House, to Mr Stepneth's use, three pound six shillings eight pence, set down by Mr Morrice and Mr Sands according to the former Order of this House, was discharged paying his Fees, after he had first taken the Oath of Supremacy. Vide concerning this matter on Wednesday the 10th day, and on Thursday the 11th day of this instant February foregoing.
Upon a Motion made by Mr Doctor James, that a Member of this House yesterday having given great offence unto this whole House in charging this whole House generally with matter of accusation in those things which they do offer and prefer unto this House only by way of Petitions and Motions for redress of certain griefs in dutiful and convenient manner, may not so go away with those undecent forms of Speech, but be further called to Question for the same.
Mr Atkins was thereupon Licensed by the House to interpret his said Speeches in his place without being Commanded to the Bar, who in very humble sort declared his intention, was very sorry for his over-sight, craved their good opinions and submitted himself to the good satisfaction of this House.
Five Bills of no great moment had each of them one reading; of which the last being against Moor-burning, did upon the third reading pass the House, and was with two more of the said Bills, and two other Bills formerly passed (the one for confirmation of her Majesties Letters Patents granted to the Queens Colledge in Oxford) sent up unto the Lords by Mr. Treasurer and others, with Commission also given them to attend their Lordships Answer to this House for the Petitions of this House exhibited unto them.
Mr. Nicholas Hare being one of the Committees in the Bill for repairing and amending of the Sea-Banks and Sea-Works upon the Sea-Coasts in the County of Norfolk brought in the old Bill, and also a new Bill, which new Bill had its first reading.
Mr. Treasurer and the residue returning from the Lords, Mr. Treasurer declared, That according to the appointment of this House they had moved the Lords touching their Lordships Answer to the Petitions of this House, and that thereupon their Lordships sequestring the Committees of this House in the outer Chamber, did soon after send them word by the Master of the Rolls and the Lord Chief Baron, That when their Lordships shall first have received an Answer from this House unto them touching their Motion yesterday of the Consideration of this House to be had touching the Bill against fraudulent Conveyances, their Lordships would then make Answer unto this House of the said Petitions; and willed further to know the Answer of this House touching the said Bill to morrow in the morning. Vide concerning this business on Thursday the 25th day of this instant February following.
After the foresaid Speech of Mr. Treasurer Sir Walter Mildmay Chancellor of the Exchequer stood up, and having recited the summ of it, did further put the House in mind, that the Lords did look for Answer touching the said Bill to morrow, and therefore advising to consider of it presently, shewed for his part his opinion touching the state of the said Bill in sort as it is now, to be no further by this House dealt in but one of these two ways, to wit, either at the next reading thereof, being the third time of reading it, without any manner of addition or other alteration whatsoever to put it to the question for passing, or else leaving it as it now is, to begin a new Bill in this House for the purpose of redress against frauds in such manner as this House should think fittest. And so after sundry other Speeches and Arguments had in the said matter, the time being very far spent, it was deferred to be further considered of and spoken to again to morrow. Vide touching this business on the day immediately foregoing.
For that the Warden of the Fleet attending at the door of this House with Edward Fisher Esquire cannot now for lack of time bring in the said Fisher to make his appearance, further day was given him to be here again to morrow in the morning. Vide concerning this business on Monday the 22th day of this instant February ensuing.
The Warden of the Fleet brought Edward Fisher Esquire to the Bar and some of the Creditors, with Mr. Yelverton being of Counsel with the Creditors; the said Edward Fisher was heard at large what he could say against the Bill exhibited to this House for order of payment of his Creditors; and at last being sequestred out of the House two several times, while the house did consider of sundry his frivolous requests made unto them, and of his dilatory devices and shifting answers, did at the last give his full and plain consent unto this house, as well of his instance and request unto this house mentioned in the Preamble of the said Bill for passing of the same, as also any thing this house should think good in their own discretions to add in the said Bill for the passing of the same, to authorize the Commissioners to deal also with the Bishop of Coventry and Litchfield for Composition of a Rent-charge of 82 l. 10 s. distrainable upon all the Lands of the said Edward Fisher. The said Warden of the Fleet was then commanded to take away the said Edward Fisher, and Mr. Sands and Mr. Morrice were appointed to amend the said Bill in that part against to morrow, and the Bill to be ingrossed. Vide concerning this matter on Monday the 22th day of February ensuing.
On Thursday the 18th day of February five Bills of no great moment had each of them one reading; of which the first being a Bill for preiervation of the Bridges in the Town of Redding, was read the first time.
Mr. Chancellor of the Exchequer taking occasion to put this house in remembrance of some consideration to be had by this house of the Bill to provide remedy against fraudulent Conveyances passed with the Lords and brought from them to this House, did the last day saving one treat and debate till the rising of the same House, without any resolution therein then had; and shewing his own opinion therein divided his Speech into three parts, first to consider what this House hath already done touching the said Bill, then what this House may do in the same, and lastly what is most convenient for this House to do further in the same. Shewing that what is done already in the said Bill in this House, is this (as he taketh it) viz. That the Bill first passing the Lords and brought down hither was twice orderly read in this House, and upon the second reading thereof was likewise orderly argued unto in this House both against the Bill and with the Bill, very gravely and learnedly on both sides for to have the same Bill committed to further consideration, which for his part he could well have liked it should have so been; yet because this House thought good it should not be committed, and denied to have it committed, he thinks this House hath done therein very orderly without any Errour, because it seemed good to this House so to do. And that albeit many times Committings and Conferences be very necessary between both the Houses, yet it is at the liberty of each of the same Houses whether they will admit any such or no, and so no error in that which is done. And that the said Bill as it now standeth is a Bill that may have a third reading (in this House as he thinketh) if this House shall so thing good. And is of mind that this House may ...... Here it seemeth Mr Fulk Onslow at this time Clerk of the House of Commons, intending to supply the residue of this said Speech and of other Arguments and Disputations had and passed in this matter, did leave a blank of near upon a side and a half; but whether through negligence or forgetfulness this (as divers other places) was never perfected.
But what the resolution of the House at the end of the said Arguments was, may probably be gathered out of other Passages this very day concerning the same business, viz. That they would justifie their former Proceedings in not committing the said Bill concerning fraudulent Conveyances sent down unto them from the Lords to have been justly, discreetly and orderly resolved on in the House, where the manner and form of the said Bill was and is utterly disliked, and that therefore the said House of Commons would speedily frame a new Bill to the same effect.
Mr Serjeant Rodes and Mr Doctor Carey did bring down from the Lords to the House of Commons three Bills; of which one was concerning the Lord Dacres and the Lord Norris, the second concerning the relief of the Hospital of Eastbridge in Canterbury, and the third concerning the Explanation of a former Statute touching Tellors and Receivors made Anno 13 Reginæ Eliz. of which said three Bills the Original Journal-Book of the Upper House mentioneth only the two latter to have been sent down as aforesaid, and as it seemeth omitted the first.
The foresaid Mr Serjeant Rodes and Mr Doctor Carey brought also a Message from the Lords for present Conference with some of the House of Commons touching the Bill of Jesuits lately passed the said House. Whereupon these Committees following were appointed to repair presently unto their Lordships accordingly, viz. Mr. Comptroller, Mr. Vice-Chamberlain, Mr Treasurer of the Chamber, Mr. Chancellor of the Exchequer, Mr Sollicitor, Sir Philip Sidney, Mr Recorder of London, Mr Beale, Mr Topclysse, Sir John Higham, Mr Howard, Mr Morrice, Sir William Herbert, Sir Henry Nevill, Sir William Moore, Mr Fulk Grevill, Mr Wolley and Mr Sands.
And before the going of the said Committees it was resolved by this House, that they should further signifie unto their Lordships that this House hath resolved, that as touching the late Proceeding of this House in the Bill to provide remedy against fraudulent Conveyances sent unto this House from their Lordships, This House hath in all parts and points of their dealing therein proceeded discreetly, gravely and orderly, according to the Liberties of this House, without any errors of this House, or cause of offence by them given to their Lordships. And that as this House very well liketh that fraud be met with and prevented, though not in such manner and form as in the said Bill was devised; so they do purpose to frame a Bill in this House for the same effect in such fort as to this House shall be thought good. And lastly should move their Lordships for Answer of the Petitions, if it might so please their Lordships. Vide concerning these Petitions on Thursday the second day of this instant February ensuing.
Upon a Motion made by Mr Diggs that Doctor Parry a late unworthy Member of this House and now Prisoner in the Tower, in his late submission to this House upon his former contempts was reconciled, with condition (at his now request) of his good behaviour afterwards, and hath sithence so misbehaved himself as deserveth his said Imprisonment in the Tower; It was resolved by this House, that he be disabled to be any longer a Member of this House, that a Warrant be made to the Clerk of the Crown Office for a Writ to be directed to the Sheriff of Kent for chusing and returning into this present Parliament another Burgess for the Borough of Queenborough, in lieu and stead of the said Doctor Parry. Which promise of his future amendment Vide on Friday the 18th day of December foregoing.
Five Bills of no great momemt had each of them one reading; of which the second being the Bill of Plymouth-Haven was upon the second reading committed again to the former Committees, and Mr Grafion was added unto them, and the Bill was delivered to Mr Wroth, who with the rest was appointed to meet in the MiddleTemple, Hall to morrow in the afternoon.
The Committees returning from the Lords, Mr Vice-Chamberlain ...... here it seemeth that Mr Fulk Onslow at this time Clerk of the House of Commons intending to supply the residue of this speech, did leave a blank of two half sides at the least for that purpose, but very negligently omitting to supply it, hath left those two great businesses of the Petitions and the not committing of the said Bill of fraudulent Conveyances upon the second reading sent down from the Lords to the House of Commons, (of which said matters see before in the passages of this very day) altogether naked and undetermined, which might else have served for great use and good precedent for the priviledges of the said House.
But yet it may be probably conjectured out of the ensuing passages of some other days, what the Lords did answer to these foresaid Petitions, of which said answer Mr Vice-Chamberlain made report, viz. That for the Petitions in which the House of Commons desired their Lordships to joyn with them, they would yet defer their resolution till a further time; And for the committing of their said Bill concerning fraudulent Conveyances sent down from them upon the second reading thereof, they did not altogether disallow the defence and justification which the said House of Commons had made for and concerning their proceeding therein by the said Committees; As also that they should frame a new Bill to the same purpose. And it is most likely that their Lordships did well approve of that Message sent by the foresaid Committees concerning the framing of a new Bill for the prevention of the foresaid frauds, because immediately upon Mr Vice-Chamberlain's Speech ended, a special Committee was appointed by the House upon Mr Speakers motion for that purpose, prout sequitur.
Mr. Speaker, after Mr. Vice-Chamberlain had (as it seemeth) ended his Speech, moved the House to appoint a Committee for the framing of a new Bill against fraudulent Conveyances. Whereupon the said House named these following, viz. all the Privy Council, Mr. Cradock, Mr. Sollicitor, Mr. Sands, Mr. Attorney of the Court of Wards, Mr. Morrice, Mr. Owen, Mr. Diggs, Mr. Harris, Mr. Faunshaw, Mr. Beamond and Mr. Recorder of London. The old Bill that came from the Lords was delivered to Mr. Vice-Chamberlain, and all these were appointed to meet to morrow in the afternoon in the Exchequer Chamber to draw a Bill to the same purpose instead of the said former Bill.
Upon a motion for reading of the Bill of Tythes, Mr Speaker shewed forth the Bill brought into the House in so many several pieces, some written on both sides of the paper and so sowed one upon another in the midst of some of the leaves that it cannot be read or known how to be read, or taken in the right places for the reading. Whereupon it was again to be better written, and ordered that every part thereof should be rightly placed by the Committees.
On Friday the 19th day of February six Bills of no great moment had each of them one reading; of which one of them being a new Bill for the bringing in of Staple Fish and Herring had its first reading; and another being the sixth and last (viz.) for the continuance and explanation of certatin Statutes had its first reading, and a Proviso offered to the same Bill was once read, and another Proviso also offered and the same once read, and a saving also offered to the same was once read. Quod nota.
Upon a motion read by Mr George Moore touching some provision to be made against Libellers, these Committees following were appointed to consider thereof, (viz.) Mr George, Moore, Mr Graston, Mr Thomson, Mr Skinner, Mr Edmund Saunders, Mr Cradock, Mr Crew, Mr Nicholas Hare and Mr John Hare, and to meet to morrow in the Afternoon in the Middle-Temple-Hall for that purpose.
An addition to the Bill for the true answering of the debts of Edward Fisher Esquire made by order of this House by certain Committees appointed for the same, was twice read and ordered to be ingrossed. Vide concerning this matter on Munday the 22th day of this February ensuing.
On Saturday the 20th day of February, Three Bills of no great moment had each of them one reading; of which the second being the Bill for the maintenance of the Hospital of Eastbridge in Canterbury was upon the second reading committed unto Mr Chancellor of the Exchequer, Mr Recorder of London, Mr Morrice and others, and the Bill was delivered to the said Mr Chancellor of the Exchequer, who with the rest was appointed to meet on Tuesday next being the 23th day of this instant February ensuing, in the Exchequer Chamber in the Afternoon.
The Bill exhibited by the Curriers which was not yet read, was appointed to be delivered to the former Committees, and they then to resolve whether the same Bill shall be read in this House or no, who were appointed to meet on Monday next in the Afternoon in the Inner-Temple Hall.
Mr Chancellor of the Exchequer and others, having presently been in the Committee Chamber of this House to consider of the State of the Bill touching the Sabbath day, shewed, that by the precedents of this House, this House may add to the Lords former additions to the said Bill; and further also, that this House may without all doubt make a Proviso to the same Bill if this House shall so think good. But having recited two special Precedents of this House meeting with the very points of this Bill, wisheth therefore in respect of the maintenance and preservation of the liberties of this House, that this House do in all convenient and seemly sort stand to the Liberty and Choice of this House to add to their Lordships additions, and not otherwise at all. Vide concerning this business on Wednesday the 17th day of March ensuing.
On Munday the 22. day of February five Bills of no great moment had each of them one reading; of which the last being the Bill for the true payment of the debts of Edward Fisher Esq; was read the third time and passed the House, and the word or Figures xxviij. put instead of the word or Figures xxiiij. in sundry places of the said Bill, were read three times before the passing of the same as aforesaid. Vide concerning this matter on Friday the 12th day, Munday the 15th day, Tuesday the 16th day, Thursday the 18th day, Friday the 19th day of this instant February foregoing.
This aforesaid Bill with two others of no great moment that had formerly passed this House, were sent up to the Lords by Mr Treasurer and others the Committees for Conference touching the Bill for better observation of the Sabbath day, and the Committees also for the petitions, with order from this House to move their Lordships presently in both these Causes accordingly. Vide concerning the Bill for the Sabbath on Wednesday the 17th day of March ensuing.
Mr Serjeant Rodes and Mr Doctor Ford did before the sending up of the former Bills to their Lordships bring down from them to the House of Commons two Bills; the one touching the disposing of Parsonages Impropriate before passed in this House with some amendments, and the other for the preservation of Grain and Game.
Nota, That the Journal of the Upper House agreeth with this Journal of the House of Commons, that the last of these two Bills concerning the preservation of Grain and Game, was at this time sent down from the Lords to the House of Commons, but differeth in the form; which Bill touching Parsonages Impropriate is there set down to have been sent to the said House of Commons on Saturday the 28th day of February; and at this time another Bill concerning Moor-burning in the Counties of Northumberland, &c. to have been sent down with the foresaid Bill concerning Grain and Game, &c.
The Bill concerning Insufficient Justices, Sheriffs, &c. in Wales was read the first time, and committed to the former Committees in the last former Bill, and Mr Recorder, Mr Attorney of the Wards and Mr Harris were added unto them, and the Bill was delivered to Mr Attorney, who with the rest was appointed to meet this Afternoon in Lincolns-Inn Hall.
Mr Treasurer and the residue returning from the Lords, Mr Treasurer declared, that according to the appointment of this House they have dealt with the Lords both as touching the Bill for the better observation of the Sabbath day, and also for their Lordships answer to the Petitions; and shewing unto their Lordships that by Warrant of the Precedents of this House, this House might very well make additions unto their Lordships additions in the same Bill, wherewith (as he thought) their Lordships seemed somewhat satisfied; so touching their Lordships answer to the said Petitions he said, That it so much passed his Capacity to conceive and understand all the effect of it, as that he would not undertake upon him to make a report of it, but would leave it to such other of the said Committees as could both better remember it and deliver it.
Whereupon Mr Chancellor of the Exchequer affirming Mr Treasurer his former speech touching their said proceedings for the said Bill of the Sabbath, shewed further, that as concerning their said motion for their Lordships answer to the said Petitions, Their Lordships Sequestring the Committees of this House into the outer Chamber, there came shortly after unto them the Lord Treasurer and the Lord Archbishop of Canterbury; The said Lord Treasurer declaring first unto them the answer of the Lords to the said Petitions in general, and afterwards the said Lord Archbishop shewing the same in particular having a certain note in his hand for his remembrance, but uttering much more in his Speech; which he said was so long and consisted of so many parts, as he thought for his own part he could not sufficiently signifie unto this House: And did therefore make a motion that those of the Committees which were also then present thereat, might meet this Afternoon in the Exchequer Chamber, and helping each other's memory set down the substance and effect of the said answer in all the parts thereof as near as they can; and so then afterwards to signifie the same unto this House to morrow. Which was thereupon so agreed and resolved accordingly. Vide touching these Petitions on Thursday the 25th day of this instant February following.
Upon a Motion begun by Sir Thomas Lucy and continued by Sir Thomas Moore, that those of this House which are of her Majesties PrivyCouncil may in the name of this whole House be humble Suitors unto her Majesty, that for as much as that villanous Traitor Parry was a Member of this House in the time of some of his most horrible and traiterous Conspiracies and attempts against her Majesties most Royal Person (whom Almighty God long preserve) her Majesty would vouchsafe to give Licence to this House, for that many of this House are of the Fellowship of the Association, to proceed to the devising and making of some Law for his Execution after his Conviction, as may be thought fittest for his so extraordinary and most horrible kind of Treason: It was resolved that those of this House being of her Majesties most honourable Privy-Council and now present at this Motion, to wit Mr. Treasurer and Mr. Vice-Chamberlain, shall exhibite the same humble Suit of this House unto her Majesty accordingly at their convenient opportunity.
Mr John North Knight for Cambridg shire, was added to the former Committees for reviving of Statutes, and the same Bill with the three Provisoes before read were again committed to the same Committees and to the same Mr North, together with the Bill touching Cables, Halters and Ropes.
Nota, That Sir Edward Dymock here being Sheriff of Lincolnshire was also a Member of the House of Commons and continued in the service of it without interruption or question a great part of this Parliament, and now upon the Licence of this House departed into the Country about some necessary occasions concerning his said Office. Vide concerning this matter on Friday the 4th day of December foregoing.
The new Bills last passed were sent up to the Lords by Mr Treasurer, Mr Vice-Chamberlain and others, with Commission also to put their Lordships in remembrance touching their search for Precedents with the Clerk of the Upper House alledged by the Committees of this House for Warrant of this House in proceeding with the Bill for the better observation of the Sabbath day by additions of this House to be added unto their Lordships former Additions in the same Bill. Vide concerning this matter on Thursday the 25th day of this instant February ensuing.
It should seem (though it be not expresly set down in the Original Journal-Book) that the House did this day fall into consultation and consideration of all the dangers which were imminent over the Kingdom, of the means to prevent them, and of the great expences her Majesty had been at in the defence of her Dominions and Allies fit to be supplied ; which is set down at the end of this day in manner and form following.
The open dangers threatned to this Kingdom are from Spain, the Pope and the holy League in France; the secret from the Jesuits, that secretly lurked here to stir up her Majesties Subjects of the Roman Religion to all manner of Treason and Rebellion: Both which dangers though the time of them were a while intermitted in respect of the Execution, yet the purpose was not, which their late Conspiracies and attempts both here and in Ireland did plainly show.
The means to prevent these dangers were to suppress the spreading of Jesuits and the growing of Popery, to exact such Oaths of the Papists as had been already Ordained, to provide for the preservation of her Majesties Person, to terrifie Ireland, and to provide sufficient Forces at home both by Land and Sea.
The great expence that her Majesty had been at even since the last Parliament did appear plainly in respect of divers places and Forts which had been repaired, much Powder and Munition had been stored up, and her Navy also since that time increased: besides many other extraordinary Charges and Expences which she had been at in the assisting of her Allies and the preserving of Ireland, and that her Majesty did specially shun danger from Ireland, of which they conceived this Proverb to be true, Look to Ireland if we will rest quiet in England. And therefore (it seemeth) some of the Privy-Council did move to think of what supply were now fit to be given to her Majesty towards the supporting and sustaining of all her said great Expences and Charges.
On Wednesday the 24th day of February, Three Bill of no great moment had each of them one reading; of which the last being the Bill for imploying of Lands and Tenements given to the maintenance of High-ways, Bridges, &c. was read the second time, and committed unto Mr Wroth, Mr. Sandes, Mr. Cradock and others, and the Bill was delivered to Mr. Sands, who with the rest was appointed to meet this Afternoon in the Middle-Temple Hall.
Mr. John North and Mr. Heile were added to the former Committees for continuance of Statutes; the Bill and Provisoes, and also the Bill for Cables, Halters and Ropes were delivered to Mr. Vice-Chamberlain, who with the rest was to meet in the Exchequer Chamber this Afternoon.
It seemeth that some of the Privy-Council or others moved this day for consideration to be had in what measure and manner they should supply her Majesty by Subsidy; And it seemeth that the House did thereupon further assent unto it. All which is very negligently omitted by Mr. Fulk Onslow at this time Clerk of the House of Commons; for there is only set down the names of the Committees in manner and form following, viz. All the Privy-Council being Members of this House, the Lord Russell, Sir Philip Sidney, Sir Thomas Heneage, Mr. Sollicitor, Sir William Moore, Sir Robert Germin, Sir George Carie, Sir Henry Nevill, Mr. George Rotheram, Mr. Sandes, Sir William Mohun, Sir Robert Bowes, Mr. John North, Sir Walter Rawleigh, Mr. Trenchard, Mr. Ralph Evers, Sir John Tracy, Mr. Bevill, Sir Henry Cock, Sir Thomas Cecill. Sir Francis Hastings, Mr. Mollineux, Mr. Wroth, Mr. William Herbert, Sir Thomas Manners, Sir Drew Drewry, Mr. Digby, Mr. Edward Audeley, Mr. Leveson, Mr. Attorney of the Wards, Mr. Henry Barkley, Sir Thomas Shirley, Mr. Anthony Mildmay, Mr. Henry Talbot, Mr. Russell, Sir Thomas Lucie, all the Knights for Wales, Sir Nicholas Woodroofe, Mr. Recorder, Mr. Robinson, Mr. Layer and Mr. Wolley, who were appointed to meet this Afternoon in the Exchequer Chamber for the Subsidy.
At the nominating of this Committee (as it seemeth) the whole Treasons plotted between Henry Nevill and Doctor Parry according to their own Confessions were related, where these fragmentary particulars only (through the Clerks negligence) are set down to this or the like purpose following, viz.
That the said Doctor Parry having behaved himself unreverently and disorderly in the House of Commons, upon revealing his mind to her Majesty which he denied to do there, had been pardoned both by her Majesty and the House, as see on Thursday the 17th day of December, and on Friday the 18th day of the same Month, as also on Thursday the 18th day, and on Tuesday the 23th day of this instant February foregoing. And since upon discovery of fouler matters had been Imprisoned and disabled from being a Member of this House.
That the said Nevill and he had had divers Conferences and Projects for the advancement of the King of Spains Conquest of England, from whose Wars the said Nevill having served in them had lately returned poor into England.
That they had sworn together mutual Secrecy, with divers other matters partly agreed upon between the said Nevill and Parry in their Consessions, and partly confessed by either of them singly and deemed by the other.
To which purpose Sir Christopher Hatton Vice Chamberlain made a very exact and Elaborate Speech, of which there are only some short heads or notes set down in the Original Journal-Book, much to the purpose following, viz.
That the said Nevill and Parry had resolved either to Murther her Majesty in her Garden at St James's, or else to set upon her whilst she should be in her Coach in the Fields, each of them having for their assistance five or six men with Pistols.
That Nevill began first to be touched with remorse of Conscience, and notwithstanding his Oath of Secrecy did threaten Parry, that except he would desist from his said intended Treason he would reveal it.
That the said Nevill thereupon departing from the said Parry, upon his next meeting again with him continued with him in the same mind, and still refused to join with him in the Execution of their former Complotted Treason, and that shortly after Parries Commitment and Imprisonment he had discovered it.
That the said Parrey in the Year 1580. having been Pardoned by the Queen after a Capital offence committed by him, departed with Licence into France, where being reconciled to the Roman Church he travelled to Venice, and there having been diversly and severally instructed and incouraged by Benedict Palmes a Jesuit, by Campegio the Popes Nuntio there; and lastly again afterwards at Paris in France, by one Morgan an Agent of the Queen of Scots; here upon the Encouragement of Cardinal Como and the Pope himself, he returned into England with a mind full of Treason and Disloyalty, with divers other things in the like purpose, which are at large set down in Annal. Regin. Eliz. conscript. à Guiliel. Cambden Edit. Latinè Lugd. Bat. Anno Domini 1625. à pag. 391. ad pag. 395.
Vide concerning this matter on Thursday the 17th day, and on Friday the 18th day of December foregoing; as also on Thursday the 18th day, and on Tuesday the 23th day of this instant February last past.
On Thursday the 25th day of February, Three Bills of no great moment had each of them one reading ; of which the last being a Bill for repairing of Sea-Banks and Sea-Works, was upon the second reading Ordered to be ingrossed.
The Articles for two Fifteenths and Tenths, and one entire Subsidy granted to her Majesty, were brought in by Mr. Chancellor of the Exchequer, and read in the House, and appointed to be delivered by Mr Speaker to her Majesties Learned Councel to draw the Bill for the same.
Sir Francis Knolles Knight, Treasurer of her Majesties Houshold, declared this day unto the House their Lordships Answer touching the Petition so often before mentioned, in which the House of Commons had desired their Lordships to join with them.
But what these Petitions were, is by the negligence of Fulk Onslow Esquire, at this time Clerk of the House of Commons wholly omitted, not only here, but in all other places of this present Journal where they are often before mentioned, as may appear by the enumeration of the several days proceeding that concern them at the end of this Animadversion, although they might be in part collected out of those fragmentary Answers (which are likewise very imperfectly set down) which were reported by the foresaid Mr Treasurer to have been delivered to the Committees of the House of Commons by the Archbishop of York, and are found in the said Original Journal Book it self. But in respect the matters contained in the said Petitions were of great weight and well worthy to be left entire to Posterity (that so the zealous care of the Commons at this time may not die in silence) I have caused them to be transcribed wholly and exactly in this place of this present Journal out of a very good Copy of them I had by me, by the help whereof also the Archbishops Answer to all the several Articles or Petitions aforesaid (which were in number sixteen) may be the better understood. But before the inserting of the said Petitions it shall not be amiss to make reference unto the several days on which they were mentioned. Vide therefore on Monday the 14th day, on Tuesday the 16th day, and on Monday the 21th day of December foregoing; As also on Monday the 15th day, Tuesday the 16th, Thursday the 18th, and Monday the 22th, and now lastly on this present Thursday the 25th day of this instant February. And now follow the said Petitions out of the foresaid Copy of them I had by me, before which was prefixed this Title following.
1. WHere by a Statute made the thirteenth of her Majesties Reign it was Enacted, That none should be made a Minister unless he be able to Answer and render to the Ordinary an account of his Faith in Latine, according to certain Articles set forth in a Synod holden Anno 1562. and mentioned in the said Statute, or have special gift and ability to be a Preacher; It may please their honourable Lordships to consider whether it were meet to be Ordained, that so many as have been taken into the Ministry since the making of this Statute, and be not qualified according to the true meaning and intent of the same, be within a competent time Suspended from the Ministry and Execution of any Function thereto appertaining, unless they shall be found of that ability which the Statute requireth.
2. That where in a Synod holden 1575. It was provided that unlearned Ministers heretofore made by any Bishops should not from thenceforth be admitted to any Cure or special Function, it may also like their Lordships to advise whether so many as have been since that time admitted contrary to the form of that Article, shall be within a competent time removed; And that for better Explanation of that Article such be taken for unlearned, as be not qualified according to the Statute before-recited, and provision made for the due Execution of that Article so declared for ever hereafter.
3. Where also in that great and weighty charge which in the Book containing the form of Ordering of Priests established by the Statutes of this Realm, is prescribed to be delivered to all such as shall be received into the Ministry, they are admonished that they be the Messengers, the Watchmen, the Pastors and Stewards of the Lord, to teach, to premonish, to feed and to provide for the Lords Family, to seek for Christs Sheep that be dispersed abroad, and for his Children which be in the midst of this naughty World, to be saved through Christ for ever, with other remembrances of other sundry weighty parts of their Duties; It may like their Honours to consider of some good Order to be given, that none hereafter be admitted to the Ministry but such as shall be sufficiently furnished with gifts to perform so high and so earnest a Charge, and that none be superficially allowed as persons qualified according to the Statute of the thirteenth of her Majesties Reign before recited, but with deliberate Examination of their knowledge and exercise in the Holy Scriptures answerable to the true meaning of that Statute.
4. Further, That for so much as it is prescribed in the form of Ordering Ministers, That the Bishops with the Priests present shall lay their hands severally upon the head of every one that receiveth Order, without mention of any certain number of Priests that shall be present; and that in a Statute made 21th of King H. the Eighth is affirmed, that a Bishop must occupy six Chaplains at giving of Orders; it may be considered whether it may be meet to provide that no Bishop shall Ordain any Minister of the word and Sacraments, but with the assistance of six other Ministers at the least, and thereto such only be chosen as be of good report for their Life, learned, continually resiant upon their Benefices with Cure, and which do give testimony of their Cure for the Church of God, by their Charge. And that the said Ministers do testifie their presence at the admission of such Ministers by Subscription of their hands to some Act Importing the same. And further that this admission be had and done publickly and not in any private House or Chappel.
5. And where admission of unnecessary multitudes to the Ministry at one time hath been an occasion that the Church at this day is burthened with so great a number of unable Ministers, It may like their Lordships to advise, whether some provision might be made that none be admitted to be a Minister of the Word and Sacraments but in a benefice having Cure of Souls then vacant in the Diocess of such a Bishop as is to admit him, or to some place certain where such Minister to be made is offered to be entertained a preacher, or such Graduate as shall be at the time of their admission into the Ministry placed in some Fellowship or Scholarship within the Uniniversities, or at the least that trial be made of this Order for such time as to their Honors wisdoms shall be thought convenient.
6. That it be likewise considered whether for the better assurance that none creep into the charge and Cures being men of corrupt life or not known diligent, it might be provided that none be Instituted or by Collation preferred to any benefice with cure of Souls or received to be Curate in any Charge, without some competent notice before given to the Parishes where they take charge, and some reasonable time allowed wherein it may be lawful to such as can discover any defect in conversation of life in the person who is to be so placed as is aforesaid, to come and object the same.
7. That for the encouragement of many to enter into the Ministry which are kept back by some conditions of Oaths and Subscriptions whereof they make scruple, it may be considered whether this favour may be shewed them, that hereafter no Oath or subscription be tendred to any that is to enter into the Ministry or to any benefice with Cure or to any place of preaching, but such only as be expresly prescribed by the Statutes of this Realm; Saving that it shall be lawful for every Ordinary to try any Ministers presented to any Benefice within his Diocess by his Oath, whether he is to enter corruptly or incorruptly into the same.
8. Whereas Sundry Ministers of this Realm diligent in their calling and of godly conversation and life, have of late years been grieved with Indictments in Temporal Courts and molested by some exercising Ecclesiastical Jurisdictions for omitting small portions or some Ceremony prescribed in the Book of Common-Prayer, to the great disgrace of their Ministry and imboldening of men either hardly affected in religion or void of all Zeal to the same, which also hath ministred no small occasion of discouragement to the forwardness of such as would otherwise enter into the Ministry, some good and charitable means may be by their honorable discretions devised, that such Ministers as in the publick service of the Church and in the administration of the Sacraments do use the Book of Common Prayer allowed by the Statutes of this Realm and none other, be not from henceforth called in question for omission or change of some Portion or rite as is aforesaid, so there doings therein be void of contempt.
9. That for as much as it is no small discouragement to many that they see such as be already in the Ministry openly disgraced by Officials and Commissaries, who daily call them to their Courts to answer complaints of their doctrin and life or breach of Orders prescribed by the Ecclesiastical Laws and Statutes of this Realm, It may please the reverend Fathers or Archbishops to take to their own hearings, with such grave assistance as shall be thought meet, the causes of Complaint made against any known Preacher within their Diocess, and to proceed in the examination and Order thereof with as little discredit to the Person so complained of, without great cause and in as charitable sort as may be, restraining their said Officials and Commissaries to deal in any Sort in those Causes.
10. It may also please the reverend Fathers to extend their charitable favours to such known godly and learned Preachers as have been Suspended or deprived for no publick offence of life, but only for refusal to subscribe to such Articles as lately have been tendred in divers parts of this Realm, or for such like things, that they may be restored to their former Charges or places of Preaching, or at least set at liberty to preach where they may be hereafter called.
11. Further, That it may please the reverend Fathers aforesaid to forbear their examinations ex officio mero of Godly and learned Preachers not detected unto them of open Offence of life or for publick maintaining of apparent error in Doctrin, and only to deal with them for such matters as shall be detected in them. And that also her Majesties Commissioners for Causes Ecclesiastical be required, if it shall so seem good, to forbear the like proceedings against such Preachers and not to call any of them out of the Diocess where he dwelleth, except for some notable offence, for Reformation whereof their aid shall be required by the Ordinary of the said Preachers.
12. Item, For the better increase of knowledge of such as shall be imployed in the Ministry, It may please their Lordships to advise, whether it may be permitted to the Ministers of every Archdeaconry within every Diocess to have some common exercise or conference amongst themselves, to be limited and prescribed by their Ordinary, both touching the moderation and also the time, places and manner of the same, so as the moderators of these exercises be Preachers resiant upon their benefices having Cure of Souls, and known to bear good affection to the furtherance of such profit as may grow by the same exercises.
13. Where complaint is made of the abuse of Excommunication which is the highest censure that Christ hath left to his Church, and many are grieved as well in regard of the causes and matters wherein it is at this day used, as of the persons which have the common execution thereof, and no redress can be had herein but by Act of Parliament, that some remedy may be thought of in that behalf before the end of this Session, and for reformation to be had herein, it may please their Lordships to consider whether some Bill might not be conveniently framed to this effect, viz. That none having Ecclesiastical Jurisdiction shall in any matter already moved or hereafter mentioned give or pronounce any Sentence of Excommunication, and that for the continuance of any Person in Cases depending before them, it shall be lawful to pronounce him only contumax, and so to denounce him publickly; And if upon such Denuntiation, as in Excommunications hath been used, the Party shall not submit himself nor stand to abide such Order as is to him assigned within forty days, then it shall be lawful to signifie his contumacy in such manner and sort, and to such Court as heretofore hath been used for persons so long standing Excommunicate, and that upon such Certificate a Writ de contumace capiendo shall be awarded of like force to all effects and purposes, and with like Execution as the Writ de excommunicato capiendo is.
14. Nevertheless for as much as it seemeth not meet that the Church should be left without this censure of Excommunication, it may be provided, that for enormous crimes, as Incest, Adultery and such like, the same be Executed by the Reverend Fathers the Bishops themselves, with the assistance of grave Persons, or else by other persons of Calling in the Church with like assistance, and with such other Considerations as upon deliberation shall be herein advised of, and not by Chancellors, Commissaries or Officials as hath been used.
15. Where Licences of non-Residence are offensive in the Church, and be occasion that a great number of this Realm do want instruction, and it seemeth that Cases certain wherein the same may be allowed can hardly be devised, such as shall be void of great inconvenience and danger; It may therefore be considered by their Honourable Lordships, whether it were more convenient or necessary that the use of them were utterly removed out of the Church; and so likewise of Pluralities.
16. But howsoever it shall be thought convenient to order these Faculties, yet for so much as besides the known duty of a Minister prescribed by the word of God, her Majesties Injunctions do require in every Curate a further quality of learning than ability to read only, as may be gathered by the forty third Article, and by other Charges imposed upon him to teach the Principles of Religion as is set down in the forty fourth Article; and sith also that no faculty of plurality or non-residence but with condition to see the Cure from which he is absent sufficiently served; May it please their Lordships to consider, whether it were expedient to provide, that none now having Licence of non-residence, either by Law or by Faculties, shall hereafter be permitted to enjoy the benefit of such Licence, except he depute an able and sufficient Preacher to serve the Cure, and that no Curate by him placed be suffered to continue in his service of that Cure except he be of sufficient ability to Preach, and doth Weekly teach that Congregation, and perform the other Duties of instructing the Youth in the Catechism prescribed by her Majesties Injunctions.
These Petitions being thus transcribed out of the before-mentioned Copy of them I had by me, now follow the Answers of the Lord Treasurer and the Archbishop of York out of the Original Journal-Book of the House of Commons, as they were reported this instant Thursday Febr. 25. by Sir Francis Knolles Knight, Treasurer of her Majesties Houshold to the said House; which being imperfect in themselves I have caused to be a little altered and enlarged: whereby, as also by casting an Eye back to the several Petitions according to the several numbers or figures by which they relate each to other, they may the more fully be understood.
The Answer now which their Lordships had given unto the Committees of the House of Commons being delivered unto them by the Lord Treasurer and the Archbishop of York, was related unto the said House by Mr Treasurer one of the Committees, and is set down in the Original Journal-Book of the House of Commons in this (or rather a more imperfect) manner and form following.
The Lord Treasurer in general made Answer, That the Lords did conceive many of those Articles which the House of Commons had proposed unto them, to be unnecessary, and that others of them were already provided for, and that the Uniformity of Common-Prayer had been established by Parliament.
To the two first Articles he said, He conceived them not fit to be allowed of, because divers qualified persons were dispensed withal by Law. Secondly, That it was against the Rule of Charity to suppose that those who were non-resident had not some lawful avocation. Thirdly, That where Parishes had not sufficient Preaching Ministers, Divine Service and Godly Homilies were for the most part read; yet he promised that concerning non-residency it should be holpen and redressed as soon as might be.
The Seventh Article he utterly misliked, alledging, that the Bishops themselves were not discharged from the taking of that Oath; and for subscription, he said he doubted not but that it was lawful, and that it might prove the Cause of much order and quietness in the Church.
The Eighth and Ninth Articles he utterly disallowed, as freeing them from Jurisdi(?)tion Temporal, and from the Bishops and all ...... But what should here follow is left imperfect through the great negligence of Fulk Onslow Esquire, at this time Clerk of the House of Commons, in the Original Journal-Book of the same House; and yet it may seem that here should these words follow, viz...... their Ministers, after these words, viz. from the Bishops and all....... And what these two Articles concerned, may easily be seen by casting an Eye back to the Petitions foregoing, n. 8. & n. 9.
The Tenth Article he said he could not but dislike, because deprivation was often necessarily used in terrorem, and that the party so deprived might upon his Submission (as in the Case of Excommunication) be received into favour.
The Twelfth Article he said that himself (in the name of their Lordships whom in all that he had before said he had but personated) did think it necessary, and would take Order for such Exrecises as the............... But what should here follow is most negligently omitted by the Clerk of the House of Commons, yet it may be gathered by this Article n. 12. foregoing, that it was required that the exercises of private Conferences and Fasting might be more frequently enjoyed.
The Thirteenth and Fourteenth Articles he confessed to require no more than seemed reasonable; yet being more narrowly searched into, would breed much inconvenience: for if Excommunication shall not be allowed upon Contumacy and such other Delinquencies, though small in themselves, then must there be some new censure brought into the Church, which would be the occasion of much Innovation. To which also he added, that Excommunication in these Cases was used to no other end than Outlawries and Attachments in the Courts of Law and Justice, it being only to bring Parties to their lawful Answers, who upon their appearance are absolved of course: But yet promised that himself and the rest of the Bishops would take pains therein themselves; And that no Excommunication should hereafter be sent out but for Adultery and some other weighty Cause, or for such Contumacies as could not otherwise be possibly remedied.
The Fifteenth and Sixteenth Articles he acknowledged to stand with good reason, and that for himself he never granted any dispensation perpetual, but to one man who was then Aged eighty Years. And for himself he professed he would never again allow of any Pluralities for Life. And that the Original Faculty thereof belonged to her Majesty. Further alledging, that himself (in the name of their Lordships) did very well allow of that Proviso of theirs, That when any temporary Dispensations were granted, provision should be made of very able, godly and sufficient Curates.
And lastly he added, that because he feared some of the House of Commons were too ready to think and speak hardly of that Ancient and Godly Order of Bishops, yet he desired them that they would be pleased to think well of himself and the rest of his Brethren now living, if not in respect of their places, yet for Charity sake, and for that some of them were Preachers when many of the House of Commons had been in their Cradles.
Upon this Relation made by Mr Treasurer unto the House of Commons touching their Lordships Answer delivered by the Archbishop of York and the Lord Treasurer to himself and the rest of the Committees touching the foresaid Petitions, divers Motions and sundry long Speeches were made; in the conclusion whereof it was at last agreed, that first the former Committees calling to them such other grave Members of this House, learned in Divinity and in the Common Laws of the Realm, and also in Canon Law, as they shall think good, shall confer together in the Exchequer Chamber to Morrow in the Afternoon, touching the Answer of the Lords unto this House concerning the Petitions of this House exhibited unto their Lordships, and after such Conference and consideration had of the same Answer, then to resolve for further proceeding therein as then shall be thought meetest by this House. Vide concerning this business on Monday the 14th day, Wednesday the 16th day, and on Monday the 21th day of December foregoing: As also on Monday the 15th day, Tuesday the 16th, Thursday the 18th, and on Monday the 22th day of this instant February last past.
On Friday the 26th day of February, Four Bills of no great moment had each of them one reading; of which the second being a new Bill against Idleness and Incontinent Life, and for the punishment of Rogues and Vagabonds, was upon the second reading committed to the former Committees, and Mr Grafton, Mr Doctor Fletcher, Mr Alford and Mr Lewkenor were added unto them, who were appointed to meet to Morrow in the Afternoon at two of the Clock in the Middle-Temple Hall.
A Bill against unlawful Licences to Marry was upon the first reading committed unto Sir Robert Germin, Mr Strickland, Mr Sands, Mr Greenfield and others, and the Bill was delivered to Mr Sands, who with the rest was appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall.
The Bill against unlawful Marriages in some cases was upon the second reading committed to the former Committees in the Bill against incontinent life, & c. and the Bill was delivered to Mr Doctor Fletcher; Mr Beale the Master of the Requests, and Mr Aldersey were added unto them.
Mr Vice-Chamberlain one of the Committees for framing of a Bill against fraudulent Conveyances shewed, that the said Committees had met and travelled therein and drawn a new Bill accordingly; and thereupon delivered in the same Bill, together with the former old Bill which was sent from the Lords.
On Saturday the 27th day of February Four Bill of no great moment had each of them one reading; of which the last being a Bill for the maintenance of the Pier and Cobb of Lime-Regis was upon the second reading thereof committed unto Mr Vice-Chamberlain, Mr Fitz James, Mr Hammon, Mr Hassard and others, and the Bill was delivered to Mr Hassard, who with the rest was appointed to meet upon Tuesday the second day of March following in the Afternoon in the open Court in the Exchequer.
The Bill for Preservation of Plymouth Haven passed upon the Question after the third reading, and was presently sent up to the Lords by Mr Treasurer and others, with request to their Lordships to know whether their Lordships have fought out their Precedents touching the Bill for the Sabbath day, vide on Wednesday the 17th day of March ensuing.
Three Bills also of no great moment had each of them one reading; of which the last being the Bill for the relief of the Hospital of Eastbridge in Canterbury was read the third time, but passed not the House, because Mr Sollicitor was by them appointed to be added to the former Committees in the Bill, and all of them to consider of the Queens Majesties Interest to an Annual Rent of Seven Pound Ten Shillings issuing out of the possessions of the said Hospital, that the House being further advertised thereof the Bill may go to the question.
Mr Treasurer and others coming from the Lords, he shewed that according to the appointment of this House they have moved their Lordships to know their pleasure touching the search of the Precedents concerning the further proceeding in the Bill for the better observation of the Sabbath day; and that the Lord Chancellor answered, that the Lords had caused the said Precedents to be searched and do find them true as they were alledged by the Committees of this House; saying further, that because both the said Precedents are but new and only in her Majesties time, their Lordships would have further search of more ancient Precedents; and then afterwards their Lordships will make further answer therein unto this House. And the said Mr Treasurer further then declared, that their Lordships desired that a Committee of this House might be appointed to have conference with their Lordships upon Munday next in the Afternoon touching the Bill for the good government of the City of Westminster lately sent from this House to their Lordships. Vide concerning this Bill of the Sabbath on Wednesday the 17th day of March following.
Mr Vice-Chamberlain moved, that the Committees for the framing of the Bill for her Majesties safety, and those also for the Bill for continuance of Statutes which Mr Hammon added unto them, may meet this Afternoon in the Exchequer Chamber, and those also that are appointed for Conference touching the answer to the Petitions. Vide concerning these Petitions on the day immediately foregoing, where further references are made to such other days upon which they are handled.