Die Veneris, 4 Junii, 1641.
Fines in Chancery, &c.
ORDERED, That it be referred to the Committee
for Fines, finable in Chancery, to consider of the
Office of the Clerk of the *, of his Fees and Exactions;
and what Benefit hath come to the King by that Office;
and what Prejudice to the Subject:
And the Petition from the Town of Cambridge is referred to this Committee.
Bp. of Bath and Wells.
Sir Gilbert Gerrard, Mr. Grimston, Mr. Maynard, Mr.
Pury, Mr. Bagshawe, Smith, Mr. Whitlocke, Mr.
Cromwell, Sir Tho. Widdrington, Mr. Toll, Mr. Kinge,
Mr. Moore, Mr. Heblethwaite, Mr. Percivall, Mr. Whittaker, Lord Graye;
That the Committee for the Bishop of Bath and Wells
do meet on Monday next, at Two post meridiem.
Sir J. Corbett's Case.
Sir Thomas Widdrington reports the Case of Sir John
Resolved, upon the Question,
1. That the Imposition of Thirty Pounds per annum,
laid upon the Subjects of the County of Salop, for the
Mustermaster's Fee, by the Earl of Bridgewater, Lord
Lieutenant of that County, is an illegal Charge, and
against the Petition of Right; and that it is high Presumption, for a Subject to impose any Tax upon the
Subject; and that the Taking of it is an Extortion, and
against the Right of the Subject:
2. That the Attachment from the Council-board, by
which Sir John Corbett was committed, was an illegal
3. That Sir John Corbett ought to have Reparation
for his unjust Vexations and Imprisonment:
4. That the Earl of Bridgewater ought to make
Reparation to Sir John Corbett.
Resolved, upon the Question,
5. That this House thinks it fit, that the Attorney
General take the Information in the Star-chamber,
against Sir John Corbett, off the File: And that he take
some Course, that the Bond, which he entered into, to
attend the Suit at the Hearing, be delivered unto him:
6. That the Lords, and others of the Privy-council,
whose Hands are at the Warrant for the Commitment
of Sir John Corbett, ought to join in making this Reparation; viz. Lord Cant', Lord Coventry, Rich. Eboric',
Manchester, F. Cott. Edw. Lord Newburgh, H. Vane,
Resolved, upon the Question, That Mr. Harris, Clerk
of the Peace of the County of Salop, be forthwith sent
for, as a Delinquent, by the Serjeant at Arms attending
on this House.
Ordered, That the same Committee unto which this
Business was referred, shall forthwith prepare the Transmission of this Cause to the Lords.
The Petition of Alderman Abell was read.
The Certificate of the Inhabitants was read; and
referred to the Committee for Recusants convict: And
Mr. Stephens is added to that Committee.
Ordered, That Sir John Evelyn shall make his Report,
from the Committee appointed to consider of the Printing of Books on Tuesday Morning next, at Nine of
Bishops Secular Employments.
Mr. Pierpoint reports from the Committee appointed
to prepare Reasons to be given to the Lords, in Answer
to their Objections to the Bill concerning Bishops not
voting in Parliament, sent up from this House to the
That Bishops ought not to have Votes in Parliament,
1. Because it is a very great Hindrance to the Exercise of their Ministerial Function.
2. Because they do vow and undertake, at their Ordination, when they enter into Holy Orders, that they
will give themselves wholly to that Vocation.
3. Because Councils and Canons, in several Ages, do
forbid them to meddle with secular Affairs.
4. Because the Twenty-four Bishops have Dependency on the Two Archbishops; and because of their
Oath of Canonical Obedience unto them.
5. Because they are but for their Lives; and therefore are not fit to have Legislative Power over the Honours, Inheritances, Persons, and Liberties of others.
6. Because of Bishops, Dependency, and Expectancy
of Translations to Places of greater Profit.
7. That several Bishops have, of late, much encroached upon the Consciences and Liberties of the
Subjects; and they, and their Successors, will be much
encouraged still to encroach: and the Subject will be
much discouraged from complaining against such Encroachments, if Twenty-six of that Order be to be Judges
upon those Complaints. The same Reason extends to
their Legislative Power in any Bill to pass for the Regulation of the Power, upon any emergent Inconvenience
8. Because the whole Number of them is interested
to maintain the Jurisdiction of Bishops; which hath
been found so grievous to the Three Kingdoms, that
Scotland hath utterly abolished it, and Multitudes in
England and Ireland have petitioned against it.
9. Because, the Bishops being Lords of Parliament, it
settleth too great a Distance between them and the rest
of their Brethren in the Ministry; which occasioneth
Pride in them, Discontentment in others, and Disquiet
in the Church.
To their having Votes a long time;
Answer.-If inconvenient, Time and Usage are not
to be considered with Law-makers.
Some Abbots voted as anciently in Parliaments as
Bishops; yet are taken away.
That for the Bishops Certificates to Plenary of Benefice, and Loyalty of Marriage; the Bill extends not to
For the Secular Jurisdictions, of the Dean of Westminster, the Bishops of Durham and Ely, and the Archbishop of Yorke, which they are to execute in their own
Persons; the former Reasons shew the Inconveniencies
For the Temporal Courts and Jurisdictions, which are
executed by their Temporal Officers; the Bill doth not
Lord Falkland, Sir John Colpepper, Mr. Hampden, and
Mr. Fines, are to retire into the Committee-chamber,
to make an Addition to the Reasons, presented from the
Committee, for Bishops not voting in Parliament.
Upon the Question, whether the Answer brought
from the Committee, touching the Two Provisoes in the
Bill for Bishops not voting in Parliament ...
The House was divided.
Sir Thomas Barrington,
Tellers for the Yeas.
Tellers for the Noes.
|With the Yea - - 139
|With the Noe - - 148
Resolved, upon the Question, That the Answer presented from the Committee, concerning the Two Provisoes in the Bill concerning Bishops not voting in
Parliament, touching the Universities and Noblemen in
Orders, shall be laid aside.
Sir John Clotworthy went up with a Message to the
Lords, to desire their Lordships would be pleased to sit
- Brings Answer, that their Lordships will sit, as is
Mr. Peirpoint, Mr. Solicitor, Lord Falkland, Mr.
Hampden, Sir John Culpepper, Mr. Fines, Mr. Hollis, are
appointed Managers of this Conference.
Lord Ruthyn to go up to the Lords this Afternoon
with a Message, to desire a free Conference, concerning
the last Conference had about the Bill, intituled, An Act
to restrain Bishops, and others in Holy Orders, from
intermeddling with Secular Affairs.
Ordered, That the Committee for the Universities
shall be revived; and prepare a Bill for the Regulating
the Universities: And are to meet on Tuesday, at Two
post meridiem, in the Inner Court of Wards.
Business to be done.
Ordered, That the House take into Consideration
the Bill of Subsidies To-morrow Morning at Nine of
Clock; and that Mr. Speaker shall interrupt any Business, that intervenes, or shall be in agitation at that
Time: And that the Transmission of the Vote upon
the Canons shall be taken into Consideration To-morrow
post meridiem, at Two of Clock.
Pinder's &c. Petition.
The humble Petition of Sir Paul Pinder, Sir John
Jacob, Sir Job Harvy, Sir Nicholas Crisp, Sir John Nulls,
and Sir John Harrison, Knights, was read: And it was
Resolved, upon the Question, That this House will take
the Justness of this Petition into Consideration in due
Lord Ruthin went up to the Lords, to desire a Conference, according to the Order of the Forenoon.
- Brings Answer, that their Lordships will give a present Meeting, at a free Conference, as is desired.
Ordered, That the Petition of the Customers shall be
resumed into Consideration, so soon as the Conference
shall be ended.
Cozen's &c. Impeachment.
A Message from the Lords, by Mr. J. Foster and
The Lords sent them with this Message;
"That whereas they did receive an Impeachment
against Dr. Cozens, and others; most of them have answered to that Impeachment; and they have sent us to
give you Notice that their Answers are come in."
Bringing in Plate.
Mr. Treasurer reports from the Committee concerning
the Business of the Plate;
Resolved, upon the Question, That Plate shall be made
use of for the Disbanding of the Armies:
That the Business concerning the Plate be resumed
To-morrow Morning at Nine of Clock.
Farmers of Customs.
That the Bill concerning the Farmers of the petty
Farms, for the first Seven Years, be read To-morrow
Morning at Nine of Clock.
Loan from the City.
Ordered, That Mr. Venne shall, from this House, forthwith repair to the Lord Mayor, and desire him to send
to the said House, To-morrow Morning, a positive Answer, upon which this House may rely, concerning the
Remainder of the Sixscore thousand Pounds yet unpaid,
which was formerly promised by the City, and which
this House expects should be performed, according to
their Engagement to both Houses of Parliament.