Die Jovis, videlicet, 21 die Januarii.
Ld. Herbert and Viscount Grandison's Petition.
The Petition of the Lord Phillip Herbert and the
Lord Viscount Grandison was read, and committed to
these Lords following:
L. Privy Seal.
L. Great Chamberlain.
L. Viscount Say & Seale.
L. Bp. Durham.
L. Bp. Winton.
L. Bp. Lincolne.
L. Bp. Sarum.
L. Bp. Co. et Litch.
Baron Henden and
Mr. Justice Foster,
|L. Bp. Exon.
L. Bp. Carlile.
L. Bp. Rochester.
Ds. Willoughby de Earesby.
Their Lordships, or any Seven, to meet on Monday next, in the Afternoon.
Wm. Waters, & al. Petition against Mr. Powell, Vicar of Pattishull, touching a Sermon of his.
It was reported to the House, from the Lords Committees for Imprisonments, etc. That their Lordships
have considered of the Petitions of William Waters and
others, and Examinations thereupon upon Oath:
"That, about Three Years since, a Sermon was
preached, by Richard Powell, Vicar of Pattishull, in
Comitatu North'ton, upon this Text, Give unto Cæsar
those Things which are Cæsar's, etc. and told the
People, That Subjects ought to pay the Taxes laid
upon them by their Kings, although they were cruel
and unjust, instancing in Saul; and that such Kings
were sometimes given to a Nation by God in His
Wrath, for the People's Sins; and that, if we had
such a King, we ought notwithstanding to submit
unto Him. Hereupon the Petitioners, conceiving
these Words to be dangerous in respect of His Majesty's Honour, repaired to the next Justice, Sir
Richard Sammuell, Knight, and acquainted him what
the said Powell had delivered in his Sermon; which
the said Sir Richard thought fit to take Examinations
of; and, being a Matter of such Consequence, repaired to Mr. Justice Hutton, at the Assizes at North'ton, and craved his Advice and Directions herein;
who thought it expedient to return the said Examinations to the Lords of the Council; which being done,
the said Mr. Powell, understanding what Trouble he
was likely to come into by reason of his said Sermon,
did, about Two or Three Sundays after, take Occasion to speak of the said Matter, and, intending to
salve and cure the former Words, added these Words,
But, blessed be God, He hath given us a Gracious King,
such as no Age can parallel, whom God long continue
over us, etc. Which Words being wholly omitted in
the Examinations, the Lords of the Council, hearing
of the said Supplement, did send their Letters directed
to Sir Richard Samuell, Knight, Mr. Dr. Clarke, and
Mr. Dr. Sibthorpe, or any Two of them, to examine
the Truth hereof, and to certify the Verity of the
Case how it stands; together with their Opinions of
the same. Upon this, Dr. Clarke and Dr. Sibthorpe,
excluding voluntarily Sir Richard Samuell from joining with them, returned a Certificate of Matter no
way concerning the Business nor their Commission,
which proved very prejudicial to the Petitioners; as,
that Sir Richard Samuell seemed not willing to undergo the Service commanded by their Lordships, and
took an Occasion to desert it, because he might not
have wholly his own Way for the Clerk; and that
they have examined Mr. Powell's Papers and Notes
of that Sermon, and, amongst other Passages, all
tending to persuade Obedience, grounded upon the
Book of Homilies (the Second Part of the Sermon
against Wilful Rebellion), Erasmus's Paraphrase, and
Beza's Annotations; and upon that Text we find
these Words, Si parendum Magistratui prophano, multo
magis obedire oportet Sancto et Christiano; Such a one
as we have now, whom, etc. And whereas we are
required by your Lordship's Letters to certify our
Opinions herein, we do hereby humbly signify, That
we are persuaded that Mr. Powell is a very orthodox
Man, fully conformable to the Doctrine and Discipline of the Church of England, perfectly obedient
in Cases Ecclesiastical and Temporal, heartily affected
to His Majesty's Gracious Government, and one who
endeavours to persuade others to the like, which he
demonstrated in the Particular of the Ship-money,
by paying voluntarily, when all his Parishioners refused; and also we find, by sundry Testimonies, and
do by our own Experience know, that all those who
informed against him to Sir Richard Samuell are
schismatically affected, in not obeying the Rites and
Ceremonies of the Church of England, and also refractory against His Majesty's Proceedings in CivilGovernment, and such as would not pay the Shipmoney, but suffered their Goods to be distrained;
at which Distresses some Tumult happened in the
Parish of Patishall, which occasioned Mr. Powell to
preach the Sermon questioned, to persuade them to
Peace and Obedience.
Upon this untrue Certificate, the Petitioners were
sent for to the Council Table, for that they refused
to pay Ship-money; and there they were Ordered
to pay the Charges of the said Mr. Powell, according
to a Bill thereof to be made by Mr. Powell, and
rated by Sir Dudley Carleton, Clerk of the Council,
and not be discharged of their Attendance on the
Board until they had both satisfied the same, and also
given Bond before the Clerk of the Council to pay
all such Sums of Money as either are or shall be
rated and assessed upon every of them towards the
Business of Shipping, according to His Majesty's
"All which Particulars have been examined before
the said Lords Committees upon Oath, who have
perused the Certificate; and do find, by many Witnesses, that the said Mr. Powell was no Orthodox
Man, as was informed, but Popish and Superstitious in
divers Particulars, as crossing the Bread and Wine at
the Sacrament, and bowing to it afterwards, and
crossing himself a Mornings (fn. *) before he drank, and
such like. And it appearing further to their Lordships, that there were none distrained for Shippingmoney in the Parish, but only Waters, and that the
Petitioners were unjustly and unduly troubled and
informed against; and no material Defence being
made by Dr. Clarke or Dr. Sibthorpe; the Lords Committees have thought fit, That the Hundred Pounds,
which is averred to be expended by the Petitioners
in this Suit, and likewise Thirty-four Pounds more,
which they were ordered to pay to Mr. Powell for
Charges, and the Clerk's Fees, by the Council Table,
shall be re-payed to the Petitioners by Dr. Clarke
and Dr. Sibthorpe, by Way of Damages, each of
them paying an equal Proportion of the said Hundred and Thirty-four Pounds; and further, That
Dr. Clarke and Dr. Sibthorpe be both of them put out
of the Commission of the Peace, and never to be
Surrogates to any Bishops hereafter."
All which the House did approve of, and Ordered
the same accordingly. And further the House thought
fit, That Sir Richard Samuell and Jo. Crewe, Esquire,
should be put into the Commission of the Peace for the
County of North'ton, being, as is conceived, they were
put out by the Procurement of Dr. Clarke and Dr. Sibthorpe, or One of them.
Witnesses Jay contra Arnold.
Witnesses in the Cause of Jaye contra Arnold, etc.
Witnesses. Arnold contra Jaye.
Witnesses sworn in Causa Arnold contra Jay:
Wm. Carpenter, Gent.
Nath. Snape, Esquire.
Mr. Richard Graves.
Mr. Richard Lowther, Esquire.
Witnesses. Moore contra Hyde.
Witnesses sworn in the Cause of Moore contra Hyde:
Hyde contra Moore.
Witnesses sworn in the Cause of Hide contra Moore:
Lord Cottington versus Ld. Audley. Witnesses sworn.
Witnesses sworn in the Cause of Lord Cottington
versus Lord Awdley:
Allibone versus Clarke. Witnesses sworn.
Witnesses sworn in Causa Ric. Allibone versus Dr.
Dr. Pocklington to be bailed.
It was moved, That Dr. Pocklington desired that the
House would accept of Bail for his Forth-coming. It
was therefore Ordered, That he bring his Bail for
One Thousand Pounds hither To-morrow Morning;
and, if the House approve of the said Bail, then the said
Dr. Pocklington to be released from the Custody of the
Serjeant at Arms; but, in the mean Time, to remain as
Dr. Sibthorpe to be bailed.
Upon the Petition of Dr. Sibthorpe, desiring that he
might be bailed; it was Ordered, That he shall bring
Bail hither To-morrow Morning for his Forth-coming;
and, if it appear such as the House do approve of,
then he is to be discharged of his Imprisonment in the
Serjeant's Custody; but, in the mean Time, to remain
as he is.
Prisoners in the New Prison left to the Ordinary Proceedings of Justice.
According to an Order of the 19th of this Month,
Mr. Justice Gibbs and the Prisoners in the New Prison did attend this House; and the Petition being read,
Mr. Gibbs gave this Answer to it: "That, there being
a great Uproar in the Street, and a great Concourse
of People gathered together, who set upon the Constable and Officers, with Clubs, Knives, and other
Weapons, to the wounding and hurting of some
People, the Constable and Churchwarden coming
unto him (being the next Justice of the Peace), and
acquainted him therewith, he came in Person, as he
conceived himself bound to do; and, upon View of
a Multitude of People, he wished them to depart;
and, for the Preservation of the House wherein the
Petitioners were, he caused his own Men, the Constable, and the Churchwardens, to go into the House;
and, after the Concourse of People were dispersed,
upon Search in the said House, he found divers Persons gathered together; and he, being informed that
they were Sectaries, did examine them when they
did receive the Communion in the Parish Church.
They said, They had not a long Time, neither would
they. After this, for the present, he committed
them to Prison; and, the Sessions immediately following, he acquainted the Justices what he had done;
which the Justices approving of, gave Order for
their Indictments according to the Law."
Hereupon the House did Order, That the Petitioners
be left to the Ordinary Proceedings of Justice, according
to the Course of Law.
Mr. Rateliff to visit his Father.
Upon reading the Petition of Thomas Radcliffe, only
Child of Sir George Radcliffe, Knight; shewing, That
he, being but Seventeen Years old, hearing of the sad
News of his Father's Restraint, out of his Observance
and Duty, hasted out of Ireland to attend him; who
being close Prisoner by your Lordships Commands, he
cannot have Access to him, nor stay with him, but in
Presence of his Keeper; his Suit was, That he may
have Liberty to wait on his Father without his Keeper,
that, in his Extremities, he may not be wanting to
testify his Filial Obligations, without incurring your
Lordships Displeasure. Hereupon the House did Order, That the said Mr. Radcliffe shall have Liberty, as
Occasion requires, to attend his Father, without the
Keeper being present with them.
Ordered, That the Earl Marshal be added to the
Committee for Petitions.
Ordered, That the Lord Viscount Say and Seale be
added to the Committee for the Lord Herbert's Business.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in [ (fn. *) post] meridiem hujus diei, videlicet, 21m instantis Januarii, hora
tertia, Dominis sic decernentibus.
vice lecta est Billa, An Act for the Relief of
His Majesty's Army, and the Northern Parts of this
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris,
videlicet, 22m diem instantis Januarii, hora nona, Dominis sic decernentibus.