DIE Lunæ, 30 die Octobris.
PRAYERS, by Mr. Salwey.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Ds. La Warr.
Answers from the H. C.
Sir Edward Leech and Mr. Page return with this
Answer from the House of Commons:
That they agree to the Alterations in the Instructions
to be sent to the Commissioners, concerning the King's
Answer: (Here enter them.) And they agree to the
Conference this Morning, as is desired.
Mr. Eltonhead and Mr. Hakewill return with this Answer from the House of Commons:
That they agree to the making of the Four Serjeants
Preachers at the Fast thanked.
Ordered, That Mr. Cawdrey and Mr. Carter shall
have Thanks given them, for preaching, the last Fastday, before the Lords.
Preachers at the next.
Ordered, That Mr. Tuckney and Mr. Salwey are
appointed to preach before the Lords, the next Fast-day,
at Martin's Church in the Feild.
Heads for the Conference about the King's Answer, concerning abolishing Bishops.
It was Resolved, upon the Question, That the Matter
of the Conference should be as follows; (videlicet,)
"Their Lordships have not yet a full Information
upon what Terms the Lands of the Bishops are passed
away; and therefore they do conceive, that this Particular may admit of some further Consideration by
the Houses. In regard that other Things do relate
more nearly to the settling of the Security and Peace
of the Kingdom, they desire that we may not lose
the Advantage of those Concessions; nevertheless,
they shall still keep their Engagements formerly made
in this Particular, by endeavouring to gain the King's
Concession to an Act for the Sale of these Lands:
Yet think it not fit to press it at the present; but
that the Votes and Instructions agreed unto already
by both Houses may be speedily sent away."
Message from the H. C. with an Ordinance, &c.
A Message was brought from the House of Commons,
by Mr. Dennis Bond; who brought up these Particulars, wherein they desire their Lordships Concurrence:
1. An Ordinance concerning the new Judges in the
several Benches. (Here enter it.)
2. A Vote for making Mr. Clarke to be a Serjeant
at Law. (Here enter it.)
The Answer returned was:
That this House agrees to both the Particulars now
The House of Commons being ready for the Conference in the Painted Chamber, the House was adjourned during Pleasure, and the Lords went to the
Conference; which being ended, the House was resumed.
Eyre and Brown.
Ordered, That the Errors in the Writ of Error
between Eyre and Christopher Browne shall be argued,
by Counsel on both Sides, on Thursday next, the 2d
of November; and both Parties to have Notice.
Message from the H. C. for a further Conference about abolishing Bishops.
A Message was brought from the House of Commons,
by Mr. Wheeler:
To desire a Free Conference, so soon as may stand
with (fn. *) their Lordships Conveniency, touching the Matter of the last Conference.
The Answer returned was:
That this House will give a present Free Conference,
in the Painted Chamber, as is desired.
Daniel, L. Craven's Servant, a Hab. Corpus.
Upon the Petition of Henry Daniell, Servant to the
Lord Craven, arrested, as is alledged, contrary to the
Privilege of Parliament:
It is Ordered, That a Habeas Corpus be issued out,
to bring him Corpus cum Causa before the Lords in Parliament forthwith; and the Party concerned to have
Dr. Bastwick's Order.
An Ordinance for paying to Dr. Bastwicke Five
Hundred Pounds, out of Goldsmithes Hall, was read,
and Agreed to. (Here enter it.)
The House of Commons being come to the Conference, the House was adjourned during Pleasure, and
the Lords went to the Conference; which being ended,
the House was resumed.
Report of the Conference about the Proposition for abolishing Bishops:
The Speaker reported the Effect of the Conference;
(fn. †) which was,
"That Mr. Fiennes said, That the House of Commons had considered of the Reasons offered at the
last Conference; notwithstanding, they thought fit
to adhere to their former Vote, and desire again their
Lordships Concurrence therein, that so the whole
Business may be sent away to the King by Sir Peter
Killegrewe. And further they said, That, if their
Lordships please to consult with the Ordinances, the
Terms upon which the Lands are sold will appear.
And their Lordships having passed an Ordinance for
utter abolishing of Bishops, &c. nothing will sooner
expedite that, as the passing of this Vote."
The Question being put, "Whether to adhere to
the former Vote of this House, concerning
It was Resolved in the Negative.
Protest against it.
Memorandum, That, before the putting of the abovesaid Question, these Lords following desired Leave to
enter their Dissents, if it were carried in the Negative:
Which being granted, they do accordingly enter their
Dissents, by subscribing their Names.
"T. Lyncolne. W. Maynard."
The Answer returned was:
Answer to the H. C. about it.
That their Lordships, being unwilling, in this Conjuncture of Time, to retard the Business of the Treaty,
do concur with the House of Commons in the Vote;
and desire the whole may be sent away speedily, by
Sir Peter Killegrew; and the Letter to be signed by
Ordinance for appointing Judges.
"Be it Ordered and Ordained, and it is hereby
ordered and ordained, by the Lords and Commons
in Parliament assembled, and by Authority of the
same, That Henry Rolle, now One of the Justices of
the Court of King's Bench, be Chief Justice of the
Court of King's Bench; that Oliver St. John Esquire,
appointed by Order of both Houses to be called to
be a Serjeant at Law, be Chief Justice of the Court
of Common Pleas; that John Wilde, Serjeant at Law,
be Chief Baron of the Court of Exchequer; that
Phillip Jermyn, Serjeant at Law, be One of the Justices of the Court of King's Bench; that Samuell
Browne Esquire, appointed by Order of both Houses
to be called to be a Serjeant at Law, be One of
the Justices of the Court of King's Bench; that Sir
Thomas Beddingfeild Knight, appointed by Order of
both Houses to be called to be a Serjeant at Law, be
One of the Justices of the Court of Common Pleas;
that Thomas Gates Esquire, appointed by Order of
both Houses of Parliament to be called to be a Serjeant at Law, be One of the Barons of the Court
of Exchequer: And that the Clerk of the Crown in
Chancery do prepare Commissions respectively, for
the constituting and appointing the said Justice Rolle
to be Chief Justice of the Court of King's Bench,
the said Oliver St. John to be Chief Justice of the
Court of Common Pleas, the said Serjeant Wylde to
be Chief Baron of the Court of Exchequer, the said
Serjeant Jermin to be One of the Justices of the
Court of King's Bench, the said Samuell Browne to
be One of the Justices of the Court of King's Bench,
the said Sir Thomas Beddingfeild to be One of the
Justices of the Court of Common Pleas, the said
Thomas Gates to be One of the Barons of the Exchequer, quamdiù se bene gesserint; and that the
Commissioners of the Great Seal be, and are hereby,
authorized and required to pass the said Commissions,
so prepared, in usual Form, under the Great Seal of
England, and to give them respectively the Oath of a
Order for 500 l. to Dr. Bastwick.
"Ordered, by the Lords and Commons assembled
in Parliament, That the Sum of Five Hundred
Pounds be paid unto Dr. Bastwicke, or his Assigns,
out of Gouldsmiths Hall, in Course, with Interest for
the same, after the Rate of Eight Pounds per Centum
per Annum, payable every Six Months; until the
said Principal-money of Five Hundred Pounds be
paid: And the Treasurers at Gouldsmiths Hall are
required to make Payment thereof accordingly; and
the Acquittance or Acquittances of the said Dr. Bastwick, testifying the Receipt thereof, shall be a sufficient Warrant and Discharge to the Committee,
and to the said Treasurers of Gouldsmiths Hall, for
Payment of the said Five Hundred Pounds, when it
shall become due, and the growing Interest for the
same, from Time to Time."
Clark to be a Serjeant.
"Resolved, by the Lords and Commons in Parliament assembled, That a Writ issue forth, to call John
Clarke, of Lincolnes Inne, Esquire, to be a Serjeant
Instructions to the Commissioners with the King, about the Propositions for abolishing Bishops, and about Church Government.
"The Houses, upon serious Consideration and Debate had upon that Part of the King's last Answer
to the Proposition concerning the taking away and
abolishing of Bishops, and settling the Presbyterian
Government, have voted, "That it is unsatisfactory."
And in regard the King, in His said Answer, hath
rather framed a new Proposition than consented to
that presented to Him by the Houses, wherein yet
He grants some Part of what the Houses desire; that
the Houses may manifest the Clearness of their Proceedings in this Treaty, and their earnest Desires of
a blessed Peace, they do assign the Particulars wherein
(as to that Part of the King's Answer) their main
"1. That the King doth not utterly abolish the
Function and Power of Bishops, within the Kingdoms of England and Ireland, and Dominion of
Wales; but only suspendeth the Exercise of their
Function as to Ordination, for the Term of Three
Years, and no more, and the Exercise of their
Power as to other Things for the said Term of
Three Years, and until such Time as Himself and
the Two Houses of Parliament shall agree of any
"2. That, during the Term of Three Years, the
King may make Bishops in the old Manner; and at
the End of the Three Years the Exercise of their
Function as to the Point of Ordination in the old
Manner is revived in such of the old Bishops as shall
be then living, and in such other new Bishops as the
King hath or shall make; it being only expressed,
That they shall not ordain without the Counsel and
Assistance of Presbyters, which also was practised
"That the Form of Church Government presented
to the King by the Houses is, by His Answer, limited
only to the Term of Three Years; and that, at the
End thereof, Provision is only made for Ordination
in a Way different from what the Houses have proposed, and no certain Way settled for any other
Thing concerning Ecclesiastical Discipline and Government, which will be as necessary to be provided
as that of Ordination: And this the Houses do judge,
at the End of the Three Years, will expose the
Kingdom to new Distractions, which they desire may
be prevented in this Peace.
"You are hereby authorized to acquaint His Majesty herewith; and to press Him to a full Answer,
in passing the Church Government, and abolishing
of Bishops, as is propounded by the Proposition."
Votes that the King's Answers concerning them are not satisfactory.
"Resolved, by the Lords and Commons in Parliament assembled,
"That the King's Answer to that Part of the Proposition concerning the King's giving His Consent to
the Ordinances for settling the Lands of the Bishops
upon Trustees, for the Use of the Commonwealth,
and for appointing the Sale of those Lands, is not
satisfactory; and that the Commissioners do press His
Majesty to give His full Consent to those Ordinances,
as is desired by the Proposition.
"That an Instruction be prepared, to be sent to the
Commissioners in the Isle of Wight, to authorize and
require them to know of His Majesty, what the Particulars of His Exceptions are to the Ordinances mentioned and contained in the Proposition concerning
the Church, and to reduce them to Certainty, and
state them, and return them to the Houses.
"That that Part of the King's Answer to that Part
of the Proposition touching the public Use of the
Directory, and the taking away of the Book of
Common Prayer, wherein He desires to continue the
Use thereof for Himself and His Household, until
another Public Form of Prayer should be agreed on
by His Majesty and His Two Houses, is unsatisfactory.
"That His Majesty's Answer to that Part of the
Proposition as concerns His confirming by Act of
Parliament the Articles of Christian Religion is not
satisfactory; and that the Commissioners do press the
King to give His full Consent thereunto.
"That the Houses, out of their Detestation to that
abominable Idolatry used in the Mass, do declare,
That they cannot admit of, or consent unto, any such
Exemption in any Law, as is desired by His Majesty,
for exempting of the Queen and Her Family out of
such Act or Acts as are desired by the Proposition to
be passed, for a stricter Course to prevent the hearing
or saying of Mass in the Court, or any other Part
of this Kingdom, or the Kingdom of Ireland; and
that His Majesty's Answer thereunto is not satisfactory;
and that the Commissioners do press His Majesty to
give His full Consent to that Part of the Proposition
as it is there desired.
Swinhow to be instituted to Langton.
Ordered, That Dr. Aylett give Institution and Induction unto George Swinhow Master of Arts, to the
Rectory (fn. *) of Langton juxta Partney, in Com. Lincolne,
void by the Death of Benj. Stone, last Incumbent;
salvo Jure cujuscunque: Richard Filkine, Patron.