December 1. 1640.
December 1; Privilege of a Member.
Mr. Owen being Yesterday to answer a Petition exhibited against him by Mr. Jenkins, Merchant, complaining that he protected one Poyer who was none of his Menial Servant, nor within his Privilege; Mr. Owen openly avowed that he was his Servant, necessarily employed in his Service; yet notwithstanding as touching this Matter he would wave his Privilege.
Act against Abuses in Ecclesiastical Courts; Act for Durham to have Members.
A Bill for Reformation of Abuses in Ecclesiastical Courts, read the first time.
A Bill, That the County Palatine of Durham shall have Knights, Citizens and Burgesses to serve in the House of Commons; read the first time.
That no Warrant do issue forth for a new Writ, to Elect a Knight for Bedfordshire in the Stead of the Lord Wentworth, Son to the Earl of Cleveland, called by Writ to the Lords House, till Mr. Burgoin's Election be determined.
That a Committee be appointed to take into Consideration the Question of Election between Mr. Burlacy, and Mr. Hobby, with the Circumstance and are to meet on Thursday at Two of the Clock in the Afternoon in the Exchequer-Chamber.
Mr.Glyn Reports from the Committee for enquiring after Papists:
Mr. Glyn's Report concerning Secretary Windebank.
I Am first to report upon the Examination of the Keepers of two Prisons only, Newgate and the Clink; and of two Messengers usually employed for the apprebending and attaching of Popish Jesuits. They find 64 Priest and Jesuits discharged in one Year, some indicted, some convicted of High Treason, but all of them Priests; some discharged by Privy Signet, others by Warrants from the Lords of the Council, but most of them by Warrants from one of the Secretaries of State, by Name Secretary Windebank. The found upon Examination of the Clerk of the Peace for Middlesex, the Clerk of the Crown in the King's-Bench, and one Mr. Pulford, That there have been within the Compass of Seven or Eight Years, 74 Letters of Grace True, we have not all the Originals of those Letters of Grace, but only have them certified to us out of the Records where they were entered; but some of the Originals I have now in my Custody. The Nature of these Letters of Grace is this; they are directed to Archbishops, Bishops, Judges and all other the King's Officers, and the Effect is to stay all Proceedings against the Persons therein named. The Committee do find upon Examination of Two Messengers, Francis Newton, and Gray, that a Warrant was granted under Mr. Secretary Windebank''s Hand, to protect one Muskett condemned Priest, and all such Houses as be should frequent.
This is proved by Gray and Newton, who saw such a Warrant in Musskett's Hand. This Observation is made of these many Warrants and Discharges of Priests and Jesuits, That very few appear to be under the King's own Hand, and of them not any one but at the request of Foreign Ambassadors, and the Queen-Mother, and commanding strictly that the Messenger shall see them go out of the Kingdom; Such is his Majesty's Care; and here I speak it, to
clear His Majesty. Only there is one Mossedischarged under the King's Hand by Misinformation; for the King was informed he was only indicted; whereas indeed he was convicted. Other Warrants there are under the Hands of the Lords of the Council, and to each Warrant, except one, an Archbishop's Hand. And the Committee finds, that of these Warrants to discharge Priests and Jesuits, Twenty nine of them are under Mr. Secretary Windebank'sHand, and the very Originals of most of them we have here.
I am commanded to descend to particular Circumstances. Amongst these Warrants, one Carrell, a secular Priest, a Prisoner 30 Years, is commanded by a Verbal Warrant to be set at liberty by Mr. Secretary Windebank; this was to the Keeper of the Clinck. There was one a Dominican Fryar, and by verbal Warrant to the Keeper of the Clinck, Mr. Secretary Windebank commanded him to set him at Liberty, and he would warrant him. And he said to Gray, if he meddled with him he would lay him by the Heels. And this Fryar by a verbal Warrant was discharged, and did tell the Keeper he was employed about Matters of State, and that Secretary Windebank did know of it. One Edward Moore a Priest, committed by the King's own Hand, was discharged by Mr. Secretary Windebank's Warrant, without mention of the King's Pleasure.
There was one Thomas Holme discharged by the King's own Command Commanded to be Shipped, and this Fellow returning again into the Kingdom and taken the second time, was discharged by Mr. Secretary Windebank.
There was one Mosse condemned for a Jesuit, and for seducing the King's People from the Religion now professed; and another called Jo. Southworth likewise a Priest, who were both discharged by Mr. Secretary Windebank 15 Martii, 1639. The Parishioners of St. Giles's did humbly petition the Lords of the Council, (I have the Petition my self) and setting forth the increase of Papists in their Parish; they did instance in particular of three Priests (whereof Southworth and Mosse were two) that went about to seduce the People of that Parish, and had seduced 21 by Name, and therefore did humbly pray the Lords of the Council to suppress these Priests. Their Lordships gave Order to prosecute them. Newton got both these Priests convicted of High Treason, and both of them were discharged by Secretary Windebank. Beside, there were 14 Priests and Jesuits discharged out of Newton's and Gray's Custody, by Mr. Secretary Windebank, who testify that one Smith a Priest, called Gunpowder Smith, was Bailed by Secretary Windebank, and had a Note under his Hand, that no Man should Attack or Trouble him. And the Committee commanded me to inform the House, That these are thus discharged without any Expression of the King's Direction in any of the Warrants.
One Threshold a Messenger having Warrant to apprehend a Priest, repaired to Mr. Secretary, to the end Gray might be employed. The Secretary answered he would lay him by the heels, if he kept Gray Company. These Men were discountenanced by the Secretary; one Goodman a Priest committed to Newgate, and being upon his Warrant discharged, Threshold the Messenger demanded his Fees; and there being some Difference about it, Mr. Read his Secretary writes to the Priest:
Mr. Threshold hath spoken with Mr. Secretary, and his Honour thinketh fit you pay the Fees you agree on, for it will be a means to keep you the more free hereafter from Trouble. So resting
Your Loving Friend to serve you,
Birkett a Messenger, had in Custody one Popham a Priest, and was to bring him before the Lords; but Mr. Secretary Windebank commanded the Messenger to let him go, and be would see him forth-coming; but to this Day be never beard more of the Priest, though he Petitioned, &c.
There is another Passage I am commanded to deliver unto You, that is, a Petition referred to his Majesty by one George Perrot, a Man condemned of High Treason, in his own Name, and in the Behalf of four Priests and Jesuits more, styling themselves his Majesties most Loyal Subjects. Upon this bold Petition, by signification under Mr. Secretary Windebanke's Hand, Proceedings against them were stayed.
There were 64 Letters of Grace to stay Prosecution against Papists, directed to several Counties, to several Judges; short Entries of these Letters are made in the Signet Office, testified by one Mr. Pulford, Gray, and Smith, was affirm that the Secretaries House is the Place of resort for Priests and Jesuits That in 13 Years time from 3 Caroli, there bath been but 40801. levied on Recusants South of Trent, by vertue of Process out of the Exchequer, as appears by Certificate under Mr. Long's Hand. For the Discharges of Priests and Jesuits not one of them standeth with the Rule of Law. When they are indicted and Convicted, the King, the Fountain of Justice and Mercy, (and the Law doth allow it,) hath Power to shew Mercy upon any of his Subjects; But in such Cases the King's Prerogative speaketh by his Privy-Seal, Signet, of Great Seal, and ought to discharge by Record; but to send signification of Pleasure, is against Law. For a Minister either verbaliy, or by Warrant under his own Hand, not only to discharge Men condemned, but to command no further Prosecution, is against Law, and the Committee doth conceive be doth not discharge his Duty. Then for the Letters of Grace, the Poor is wronged; for by the Act they are to give 12d. a Sunday to the Poor; by these Injunctions the Recusants are kept from being Convict, and the Poor lose their Due. This is the Substance of the Report I am commanded to make unto you.
Secretary Windebanks Letter read.
Then a Letter was read from Secretary Windebank to the High Sheriff of Sussex; and
A Letter of Grace.
A Letter of Grace obtained from his Majesty by the Mediation of the Queen-Mother, directed to the King's Attorney-General, and his Successors, for exempting Sir Henry Beddinfield, and his Family from the Danger of the Laws made against Recusants, was likewise read.
The said Petition of George Perrot, Gent. a Roman Catholick, To the King's most Excellent Majesty, on his own Behalf, and on the Behalf or Four other Roman Catholicks, read.
A Warrant under the King's own Hand for the Commitment of Edward Moore, Romish Priest, to the Prison of the Clinck, and a Warrant to the Keeper of the said Prison for his Discharge under Mr. Secretary Winder bank's Hand, read.
The humble Petition of the Parishioners of St. Giles in the Fields, concerning the great Increase of Recusants within their Parish, and of many that have been seduced to the Roman Religion within these Few Years, read, and referred to the Committee to enquire after Papists, &c.
A Message from the Lords by Baron Trevor and Judge Bartley.
Message for a Conference concerning a free Conference.
The Lords have sent us to this House, to desire a present Conference in the Painted Chamber, with the same Committee that was concerned in the Matter of the free Conference Yesterday.
Answer to the Message.
Answer returned by the same Messengers, This House hath taken into Consideration the Message of the Lords, and they return this Answer, That they will give a meeting presently, as is desired.
Four Petitions last Parliament referred.
There were four Petitions delivered in by a Member of this House, which were likewise preferred the last Parliament, and it was desired they might now be referred to the same Committee they were then; and it was done accordingly.
Robert Horwood called in.
Robert Horwood was called in, and produced a Letter sent unto him under Secretary Windebank's Hand, which was read, enjoining him to surcease any further Prosecution of the Law against Recusants; he was demanded the same Questions he was formerly, and he gave the same Answers unto them.
Ordered, That Mr. Secretary Windebank shall to morrow Morning give Answer to such Questions as shall be propounded unto him upon several Informations delivered in here against him; and he is to have notice of it in the mean Time.
The whole business concerning Robert Horwood, and the Charge against Secretary Windebank, and the preparing of an Act against Recusants, is referred to the Committee that was appointed for enquiring after Recusants.
The preparing of an humble Remonstrance to his Majesty, and the Consideration of the Pope's pretended Nuncio, are referred to the Committee of 24; formerly named, to draw up a Representation of the Estate of the Kingdom.
Addition to the Committee for Recusants.
- Mr. Selden
- Mr. Lane
- Mr. Whitlock
- Mr. Peard
- Sir Thomas Widdrington
- Sir Robert Harley
- Mr. Lind
- Mr. Rigby
- Mr. Palmer
- Mr. Prideaux
- Mr. White
- Mr. Pelham
- Mr. Bagshaw
- Mr. St. Johns
These are added to the Committee for Recusants.
Mr. Pym Reports from the Conference this Day, That the Lords Committees with whom we had a free Conference Yesterday, took the matter into consideration, and their Resolution is expressed in an Order, viz. That such Members of the House of Commons as the Commons shall make choice of, shall be present from time to time at the preparatory Examination concerning the Earl of Strafford.
The Lord Keeper expected we should say something. We told them we had no Warrant, for a Conference was desired concerning the Matter of free Conference, and that a free Conference was not desired. The Question they would have been satisfied in, was, Whether we did intend to have the Examinations taken publickly in the House, or by a private Committee? I answered, We had no Commission for a free Conference.
The same Committee that was appointed to draw up the Charge against the Earl of Strafford, are to be present at the preparatory Examinations of Witnesses before the Lords, to present such Questions unto the Lords, as they shall think fit thereupon; and after a full Examination, to present the whole state of the Business to this House.
Message from the Common to present Witnesses.
A Message to be sent to the Lords, to acquaint them, That this House is ready by some Members of this House to present divers Witnesses to be examined, and such Questions as they shall desire them to be examined upon; and to desire that those Witnesses so propounded by them, may be all examined one after another with speed and secrecy.
To summon Witnesses.
Power is given to the Committee that is to be present at the preparatory Examinations of Witnesses before the Lords, to summon such Witnesses to be examined to Morrow, as they shall think fit.
Report of the Conference for the Lords Members to be examined.
Mr. Maynard Reports from the Conference yesterday, That the Lords said they had taken the Message into Consideration sent by Mr. Pym, some things were resolved, others not; and for that Purpose desired a free Conference. Whereas we did desire to examine some Members of this House, they were ready to examine them when we should require. And they answered, That the Peers of their House that shall be desired, shall be examined, and all the Assistants of that House, when they shall be thereunto required, shall be examined upon Oath; and next, for the Time and Secrecy, they said they should be speedily examined, and the Examinations Secretly kept.
Mr. Chambers's Petition.
A Copy of the humble Petition of Richard Chambers, London, Merchant, delivered formerly into this Court in former Parliaments, and now read, complaining of his Sentence in the Star-Chamber, 4 & 5 Car. and of the Barons in the Exchequer, denying him the Benefit of a Replevin for his Goods seized at the Custom-House.
Mr. Vassall's Complaint; Chambers and Vassall.
After this Petition was read, Mr. Vassal, a Member of this House, delivered his Grievances by Word of Mouth, much of the same nature as those complained of in Mr. Chambers his Petition, as to the Court of Exchequer; whereupon a Committee was appointed to take into Consideration Mr. Chambers's Petition, and the Complaint of Mr. Vassall, and has Power to send for Parties, Witnesses, Papers, Records, or any thing else that may conduce to this Business, and are to meet on Friday at Two of the Clock in the Afternoon in the Exchequer Chamber.
Proportion of Monies to be paid.
The House being now full, it was Ordered according to the desire of the City of London, and Mr. Harrison, That upon the Collection of the 100000l. to be raised by Act of Parliament for the Relief of the Army, and the Northern Counties, that the City of London shall receive the first 25000l. with Interest out of the said 100000l.
And this House doth further declare, That they do consent and agree to the payment of the Sum of 25000l. to Sir William Uvedall, Knight, and do so order it.
Resolved, That the Popish Commanders and Popish Officers shall be continued in pay till the Money come down, and no longer.
Mr. Halford of Leicestershire question'd for scandalous Words, and Committed.
Mr. Richard Halford, who was formerly complained of by a Petition to this House, for speaking scandalous Words against Sir Arthur Haflerig, as Knight of the Shire of Leicester, and upon that Petition sent for as a Delinquent by the Serjeant at Arms attending on this House, did this Day appear in this House; and after he had kneeled a while at the Bar, he was by Mr. Speaker bid stand up, and Mr. Speaker told him of the material Points of the Complaints express'd in the Petition; he denied little of it: Whereupon he was bid to withdraw, and it was by the House Resolved upon the Question, That the said Mr. Halford for this his Offence be forthwith sent to the Tower, and there to remain during the Pleasure of this House; and that he make an humble Submission, such as this House shall appoint, upon his Knees at the Bar here, and the like in the County of Leicester at the next General Assizes there. Mr. Halford was called in, and kneeling at the Bar, Mr. Speaker pronounced Sentence against him.
Mr. Warner, Sheriff of Warwickshire, sentenced for denying the Poll; Sentence on Mr. Warner.
Mr. George Warner, Sheriff of the County of Warwick, who was formerly complained of in this House by a Petition exhibited from the Freeholders of the said County, subscribed by divers of them, upon which the was sent for as a Delinquent by the Serjeant at Arms attending on this House, did this Day appear here at the Bar; who after he had kneeled a while, Mr. Speaker bid him stand up, and opened the Misdemeanors he had committed, in refusing to go on with the Poll when it was desired, at the Election of the Knights of the Shire for the said County; to which when he had answered, he was bid to withdraw; and it was by the House resolved upon the Question, That Mr. Warner for this his Offence be forthwith committed Prisoner to the Tower during the Pleasure of this House, and be fined 100l. to the King, and make a Submission here, such as this House shall appoint; and shall make the like at the next General Assizes in the County of Warwick. Mr. Warner was called in, and kneeling at the Bar, Mr. Speaker pronounced this Sentence against him accordingly.
The Poll demanded in Gloucostershire, refuted.
Mr. Speaker informed the House, That at the Election of the Burgesses for Gloucester, he himself was nominated for one; and the Poll demanded, but it was denied. It was thereupon ordered, That it should be referred to the Committee for Privileges to be first considered of, when the Witnesses are come up.
Debate about a Question.
Upon the Question for making void the Election of the Knights for the County of Warwick, Whether there should be two Questions made of it, or one? It was resolved there should be Two: Whereupon it was resolved upon the Question,
That the Election of Mr. Coomes, one of the Knights of the Shire for Warwick, is void.
That the Election of the Lord Compton for one of the Knights of the Shire for the County of Warwick, is void.
A new Election.
Ordered, A Warrant to issue forth under Mr. Speaker's Hand to the Clerk of the Crown, for a new Writ for Electing of Two Knights of the Shire to serve in this present Parliament for the County of Warwick.
The Serjeant at Arms presents the Names of his Prisoners; Gold-Wyer-drawers.
The Serjeant at Arms is to present to this House to-morrow Morning, a Note of the Names of all such Prisoners as he hath in his Custody.
Ordered, That the Petition of the Gold-Wyer-Drawers, which now remains with the Committee for Grievances, be referred to the Committee for Trade.
King's Answer as to Papist Commanders.
Mr. Treasurer reports, That he had delivered what the House commanded him concerning the Garisons to the King; who answered, That he knows not of any Popish Commander in any Garison, whether Berwick or Carlisle, or in any other Forts. But he hath given Command to send to the Governors of both Garisons, and to return him the Names of all such Papist Commanders or Officers, if any be. And for my Lord Admiral, he returns this Answer, That as soon as possible he can, he will return an Answer in Writing.
Recusants Names to be returned.
That an Order be sent from this House to all the Justices of the Peace of Westminster, London and Middlesex, requiring and enjoining them to command the Church-Wardens and other Officers of the several Precincts, to present unto them the said Justices, the Names of the several Recusants within their Parishes, that may be proceeded against according to Law, at the next Sessions, notwithstanding any Inhibition or Restraint.
A List for Bail of Prisoners.
The Serjeant at Arms has Leave given him by this House, to take Bail of the several Delinquents, (viz.) Richard Kilvert, Peter Wood, Doctor
Cosins, Doctor Layfield, Alderman Abei, Mr. Wilson, Mr. Conrades, Mr.Horth, Sir Henry Spiller, and John Moore, after he has first presented the Names of their several Bails to the House, and the Sums they are to be bound in, and that the House has allowed of them.
A Message was brought from the Lords by my Lord Chief Justice Littleton, and Judge Berkley.
Witnesses to be examin'd.
That according to a Desire of this House by a late Message, they have deputed certain of their Members to take the Examination of Witnesses in the Cause of the Earl of Strafford, which they will be ready to perform in the Presence of such Members of this House, as shall be deputed for that purpose.
Secretary Windebank sent for..
An Intimation was given to Mr. Secretary Windebank, That he should come hither presently, if it might stand with his Majesty's Occasions.
Answer was brought, That upon his Majesty's Occasions he sat up all last Night, and was newly gone to Bed; yet if the House would command him, he would presently come: But there was Order given, That the like Intimation might be given him to be here to-morrow Morning by Eight of the Clock.
To the Honourable the Knights, Citizens, and Burgesses of the Commons House of Parliament.
The Humble Petition of William Pryn, late Exile, and close Prisoner in the Isle of Jersey.
Mr. Pryn's Petition.
In all Humbleness sheweth,
'That your Petitioner, thought not conscious to himself of any voluntary or apparent Offence against the Laws of the Realm (to which he ever studied to conform himself) through the malicious Practices and Prosecution of some Prelates and Churchmen, (especially the now Archbishop of Canterbury, and Peter Heylin, Doctor in Divinity) whose Errors and Innovations, contrary to the Established Doctrine and Discipline of the Church of England, and Extravagancies in the High Commission, and other Ecclesiastical Courts, your Petitioner for his own Relief, (being there unjustly persecuted) had to his weak Power oppugned; hath within Eight Years last past, undergone two heavy Censures in the Star Chamber Court.
'The first, upon an Information there exhibited against your Petitioner by Mr.Noy, deceased, then Attorney-General, for some misconstrued Passages, (inoffensive in themselves, and in your Petitioner's true Intention, being for the most part the Words of other approved Authors) comprised in a Book, stiled Histriomastix, written by the Petitioner against common Interludes, and licensed for the Press by Mr. Thomas Buckner, Houshold Chaplain to the then Archbishop of Canterbury, authorized by the State to license Books, and by him exactly perused, and approved both in the Written and Printed Copy, before its Publication, and so confessed in the Information; for which authorized Book and Passages, your Petitioner, before the hearing of the Cause, was not only Imprisoned in the Tower of London without Bail or Mainprize for a whole Year's Space, denied Access to his Council, convenient Time to
examine Witnesses, and make Breviates to instruct his Council (the Information being General, and reciting no particular Clauses of the Book excepted against) his Exhibits, (the only Means of his Defence) illegally suppressed: Some of his Council tampered with to make no Justification, contrary to your Petitioner's Instructions and Desire, whereby his Cause miscarried; but also at the Hearing, by reason of those malicious and perverse Glosses on the said Passages, which the said Heylin had collected and presented to his Majesty's Learned Council, (who repeated his Instructions only) your Petitioner was fined 5000 Pounds to his Majesty, Expelled the University of Oxford, and LincolnsInn; Degraded, put from his Profession of the Law, wherein he never offended; set in the Pillory in the Palace-yard at Westminster, where he lost one of his Ears; and Three Days after on the Pillory in Cheapside, where he lost the other Ear, and had his said Licensed Books there publickly burnt before his Face by the Hangman, in a most disgraceful manner; and was adjudged after all this, to remain a Prisoner during his Life.
'That after the said Censure, to desame and injure your Petitioner the more, he was charged wrongfully in the Decree, as censured for Perjury, though not taxed for it by the Court; and between his Sufferings in the Pillory, the Books of his Study, (twice surveyed, and restored to him by Order from the Lords) before any Fine estreated, by a Warrant out of the High Commission, signed by the said Archbishop and others, was seized on by Cross a Messenger, who carried them to his House: With which Warrant your Petitioner, not long after, charging the said Archbishop upon Occasion, in the open Court of Star-Chamber; he there publickly disavowed the same (though your Petitioner can yet produce it under his own Hand) promising withal, that the Books should be restored forthwith; which notwithstanding were all still detained by his Means, till they were extended and fold for your Petitioner's Fine: Who shortly after, by an indirect Order procured out of the said Court, sent to the Tower to be executed, was shut up close Prisoner; and Dr. Reeves sent thither to search his Chamber for a Pamphlet, which the said Archbishop would wrongfully have fathered upon your Petitioner, whose Friends have been unjustly prosecuted in the Exchequer and elsewhere, sundry Years, for his Fine aforesaid.
'And your Petitioner further faith, That about Easter was three Years, during his Imprisonment in the Tower, by means of the said Archbishop, a new Information was exhibited in the said Court against your Petitioner and others, with certain Books thereto annexed; denying the Prelates Jurisdiction over other Ministers to be Jure divino, charging them with many Errors and Innovations in Religion, Usurpations upon his Majesty's Prerogative, and the Subjects Liberty, Abuses and Extortions in the High Commission, and other Ecclesiastical Courts; suppressing Preaching and painful Ministers without Cause, Licensing Popish, Arminian, and other erroneous Books against the Sabbath; setting up Altars, Images, and Crucifixes; removing and railing in Communion Tables, and bowing down to them; and altering the Book of Common-Prayer, the Books for the Gunpowder-Treason and late Fast, in some material Passages in Favour of Popery and Papists; which Things (tho' very notorious, and oft complained of by this Honourable House, in former and late Parliaments) were yet reputed scandalous; and tho' neither of the said Books was particularly charged on your Petitioner in the said Information, nor any Witness produced to prove him either Author,
or Despiser of any of them; yet by denying your Petitioner Liberty to draw up his own Answer, (tho' once a Barrister at Law) when as his assigned Council refused to do it; by close imprisoning your Petitioner and his Servant, by debarring him Pen, Ink and Paper, whereby to answer or instruct his Council; searching his Chamber, and taking away Part of his Answer there found; denying him Access to his Council, and Conference with his Co-defendants, even at Council, though jointly charged with him; rejecting the Cross Bill exhibited by him for his Defence; threatning Mr. Holt, one of your Petitioner's assigned Council, sent by the then Lord-Keeper to the Tower to draw up your Petitioner's Answer, and commanding him not to sign it after it was engrossed: (Whereupon he refused to subscribe it, contrary to his Promise to your Petitioner) and by refusing to accept your Petitioner's Answers to the said Information, signed with his own and Mr. Tomlin's (another of his Councils) Hands, though tendred by your Petitioner both at the Star Chamber Office, and in open Court at the hearing the said Information, for a supposed Default of Answer, (tho' Two Answers were thereto tendred by your Petitioner) was taken pro confesso against your Petitioner, and he thereupon was fined Five Thousand Pounds to his Majesty, pillory'd, stigmatized on both Cheeks, mutilated and dismembred in a most barbarous manner; and the small Remainder of his Ears, lest after his first Execution, cut off, to the Hazard of his Hearing and Life, and adjudged to perpetual close Imprisonment in the Goal of Carnarvan Castle in North Wales, a nasty Dog hole, far remote from your Petitioner's Friends. Which Sentence was unduly drawn and executed upon your Petitioner, (as his Attorney's Clerk informed him) before it was entred into the Book, or your Petitioner could get any Copy of it to except against the same, as he had just Cause.
'That immediately after the Execution of the same Sentence, your Petitioner sent to the said Archbishop to desire him to release, or bail his Servant, (who was detained close Prisoner for Ten Weeks Space in the Messenger's Hand, and oft examined and solicited by fair Promises and Threatnings causlesly to accuse your Petitioner, against whom they wanted Evidence) that so he might attend him during his Sores Which the said Archbishop, out of his Grace and Charity, utterly refused; saying, That he intended to proceed against his said Servant in the High Commission; where he hath ever since vexed, censured, and banded him from Prison to Prison, only for refusing to accuse and betray your Petitioner.
'That notwithstanding the said heavy Sentence, your Petitioner by an Order in the said Court, (by way of Addition to the said Censure) was inhibited the Use of Pen, Ink and Paper, and all Books, except the Bible, and the Book of Common-Prayer, and some Books for private Devotion; and before his Wounds were perfectly cured, he was by Order removed from the Tower to Carnarvan; and some of his Friends in Chester, who visited him there in his Passage, in the Presence of his Conductors, who had no Order to restrain any Person from resorting to him, were for this very Cause sent for by a Messenger, to appear before the Lords of the Privy-Council; and likewise cited in the High Commission at York, where they were imprisoned, fined, and forced to make a publick Recantation in the Cathedral Church, and in the Town-Hall of Chester: The said Commissioners further decreeing, That Five Pictures of your Petitioner's found in Chester, should be publickly burnt at the High Cross there; which was done accordingly.
'That your Petitioner, since his said Sentence, hath been publickly reviled at, and libelled against, both by the High Commissioners at York, and in sundry Churches, both at Chester and elsewhere, and in divers licensed printed Books, compiled by the said Heylin, and publish'd by the Archbishop's Privity or Command; and that sundry of his Friends Houses and Studies have been violently broken up, and ranfack'd, their Books and Writings taken away, and themselves prosecuted in the High Commission, out of Malice, for the Relation they had to your Petitioner.
'That after your Petitioner had continued some Ten Weeks Space close Prisoner in Carnarvan, he was about Three Years since, by a Warrant from the Lords of the Council, made in the Summer Vacation, (to which the said Archbishop's Hand was first prescribed) ordered by way of Exile, to be embarked and transported with all Privacy into one of the Castles in the Isle of Jersey; and his Conductors thereby charged not to admit any Person whatsoever, but themselves only, to speak with your Petitioner in his Passage: Whereupon, after some Injuries there received by Mr. Griffith, the King's Attorney in those Parts, (who endeavoured to seize upon the Furniture of his Chamber for his own Use) your Petitioner was embarked among Papists in a bruised Shipwreck'd Vessel, full of Leaks; and after Fourteen Weeks Voyage in the Winter Season, through dangerous Storms and Seas, which spoiled most of his Stuff and Bedding, and threatned often Shipwreck to him, he arrived at the said Isle, and was conveyed close Prisoner into Mount Orguile Castle there, where the Lieutenant-Governor, by another extrajudicial Order (to which the said Archbishop's Name was first) was ordered to keep your Petitioner close Prisoner in a Chamber; to suffer none but his Keepers to speak with him; to intercept all Letters to him; to permit him neither Pen, Ink nor Paper, either to write to his Friends for Necessaries, or to petition for Relief; and to permit him no Book but the Bible, and those forenamed Books, without giving any Order for his Diet there: So that being deprived of his Calling and Estate, exiled and shut up close Prisoner among Strangers, remote from all his Friends, and denied all Access to him by Person or Letters, he had certainly perished in his almost Three Years close Imprisonment there, had not the extraordinary Providence and Goodness of God (which he shall ever adore) and the noble Charity of those, under whose Custody he did remain, furnished him with such Diet and Necessaries, as preserved him both in Health and Life, in this his close Imprisonment and Exile.
'May it therefore please this Honourable House, to take these your Petitioner's almost Eight Years tragical Grievances, (of new and dangerous Example) into your most sad and just Considerations, that so they may not become Precedents to the Prejudice of Posterity; to grant him Liberty to send for, and examine all necessary Witnesses; to order all Clerks, Registers, and other Officers of the Star-Chamber, or elsewhere, speedily and freely to grant him the Copies of such Orders, Decrees and Writings, as his Cause shall require, to release him upon Bail, (being now but a Prisoner only upon an extrajudicial Order of the Lords, and not by vertue of any Sentence or Decree in Court) to grant him Liberty to plead and prosecute his own Cause, since Council hath so often failed him; and to give him such Satisfaction and Relief, as the Justice and Equity of his Cause shall merit. And your Petitioner shall ever pray, &c.
The humble Petition of Henry Burton, late Exile, and close Prisoner in Castle-Cornet, in the Isle of Guernsey.
The Petition of Henry Burton, delivered after his Return from Exile.
In all Humbleness sheweth,
That whereas your Petitioner, on the 5th of November, 1636. did preach Two Sermons in his own Parish Church, in St. Matthew's Friday-street; for the which he was in December then next following summoned to appear before Dr. Duck, one of the Commissioners for Causes Ecclesiastical, at Chiswick in the County of Middlesex, where (with the Register of the High Commission Court) the said Dr. Duck tendred to the Petitioner the Oath Ex Officio, to answer to certain Articles there presented: Which Oath the Petitioner refusing to take, did then and there appeal from the said Court unto the King's Majesty; which Appeal the said Register by Dr. Duck's Direction, did then and there enter in Writing.
Notwithstanding which said Appeal, a special High Commission Court was shortly after called at London, consisting of 4 or 5 Doctors, where the said Commissioners proceeded illegally to suspend the Petitioner in his Absence; by means whereof, as of the Threatnings of the said Commissioners, he was enforced to keep his House, until a Serjeant at Arms, with divers Pursuivants and other Armed Officers, assisted by Alderman Abel, then Sheriff of London, beset the Petitioner's House at 11 of the Clock at Night, and violently broke open his Doors with Iron Crows, and the like, and surprized him in his House, be making no Resistance at all: Where having first searched his Study, and taken away such Books as they pleased, they carried your Petitioner to Prison; whence the next Day (being the 2d of February) by a pretended Order from the Lords of the Council, he was conveyed to the Fleet, and there kept close Prisoner: During which Imprisonment an Information was exhibited against your Petitioner, and others, in his Majesty's Court of Star-Chamber, whereby he was charged (inter alia) with the publishing of a certain Book, containing, An Apology for an Appeal, with his said Two Sermons, entitled, God and the King; wherein he taught Subjects to yield all due Obedience to their lawful King, and reproved all lawless Innovations in Religion, &c. To which Information the Petitioner, upon his Oath, under the Hand of Mr. Holt, being then of his Council, (assigned by special Order from this Court) did put in his Answer; wherein he alledged such things only, as his said Council conceived to be material and pertinent for his just Defence in publishing his said Book, but denied all other matters in the said Information contained: Which Answer, being admitted and received in Court, the Petitioner (being then a close Prisoner) not only attended the exhibiting of Interrogatories, according to the Custom of that Court, but withal, after some unusual Delay, did write unto the King's Attorney to hasten them; but before the Examiner came, the Petitioner heard that his said Answer was referred to Sir John Bramston, Knight, Lord Chief Justice of the King's-Bench, and Sir John Finch, then Chief Justice of the Common Pleas, and was by them wholly expunged as impertinent and scandalous, (save only the Not guilty:) And the Petitioner understanding the Answer he was to make to the Interrogatories, was to be reckoned as a Part of his Answer admitted in Court, but afterwards expunged as impertinent and scandalous (as aforesaid) so as if he should then have answered the Interrogatories, he should thereby have assented to the said Act of the said Judges, and so to the Condemnation of his Cause before the Hearing, whereby he should have contradicted his former Oath, That his said Answer was a true Answer, and so should justly have
brought himself under the Guilt of wilful Perjury, and his Cause under just Sentence.
Nevertheless the Court taking the same Information (Pro Confesso) and refusing to admit a Copy of the Petitioner's own true Answer, as also of his Reasons of not answering the Interrogatories, (both which at his Censure be tendred to the Court, desiring they might be then and there publickly read) the 14th of June, 13 Caroli Regis, proceeded to censure, whereby your Petitioner was censured in a Fine of 5000l. to his Majesty, to be de prived of his Ecclesiastical Benefice, degraded from his Ministerial Function and Degrees in the University, and ordered to be set on the Pillory, where both his Ears were to be cut off; confined to perpetual close Imprisonment in Lancaster Castle; debarred the Access of his Wife, or any other, to come to him, but only his Keeper; and denied the Use of Pen, Ink and Paper. All which (except the Fine) was executed accordingly; and after his close Imprisonment for 12 Weeks in the common Goal in the said Castle, he was (by what extrajudicial Order he knows not) transported by the Conduct of one Brian Burton, appointed by the High Sheriff of Lancaster, (who used your Petitioner very basely and deceitfully in that his Transportation, which was in the Winter-Season through dangerous Seas, to the apparent Hazard both of his Health and Life) to the Castle of Guernsey, where he hath remained a close Prisoner and Exile almost Three whole Years; his Wise utterly prohibited, upon pain of Imprisonment, to set her Foot upon any Part of the Island, where she might but enquire how her Husband did, contrary to the Laws of God, and the Liberties of this Kingdom.
May it therefore please this Honourable House, to take your Petitioner's sad Cause into Consideration; and for the better Manifestation of his Grievance in this Cause, to assign him for Council Mr. Serjeant Atkins, Mr. Tomlins, and Mr. Gurdon, to assist him in his Cause, and to command that he may take out such Copies Gratis out of the said several Courts, as do or may concern his said Cause.
And your Petitioner, as in Duty bound, shall daily pray for your Prosperity.
The Humble Petition of John Bastwick, Doctor in Physick lately retained close Prisoner and Exile, in the Isle of Scilly.
The Petition of Dr. John Bastwick, late close Prisoner in Exile.
Most humbly sheweth,
That your Petitioner having, about Six Years since, set out a Book in Latin, called, Elenchus Religionis Papisticæ, with an Addition there-unto, called, Flagellum Pontificis, & Episcoporum Latialium, being thereunto provoked by one Richard Short, a Papist, that maintained the Pope's Supremacy, the Mass, and Papal Religion: In which Book your Petitioner (for preventing all Mis-interpretations of his pious and good Intentions therein) in his Episile to the Reader, fully declared himself, that your Petitioner meant nothing against such Bishops, as acknowledged their Authority from Kings and Emperors; yet because your Petitioner (the better to shew the Papal Usurpation over other Princes) therein, only maintained by way of Argument (as other Orthodox Writers of that Subject have usually done) a
Parity of the said Bishop of Rome, and all other Bishops and Presbyters, by the Word of God, denying his and their Supremacy over other Ministers, to be by Divine Institution; thereupon a Pursuivant by Authority from the High Commission Court, came into your Petitioner's House at Colchester in Essex, in his Absence: And the said Pursuivant, assisted with the then Bailiffs and Constables of Colchester aforesaid, ransacked his said House, together with his Chest and Trunks; and with great Violence broke open your Petitioner's Study, which was in his Apothecary's House, and took and carried away divers of your Petitioner's Books, Writings, Letters, and what else the Pursuivant pleased, without making Restitution of them to your Petitioner.
And then your Petitioner was prosecuted in the High Commission Court, principally for his said Book: Where after a long and chargeable Prosecution, he was the 12th of February, 1634, fined 1000l. to the King, excommunicated, debarred to practise Physick, (the chiefest Means of his Livelihood;) his said Books ordered to be burnt; that he should pay Costs of Suit, and be imprisoned till be should make a Recantation: The which heavy Censure was only for the said Book, wherein your Petitioner maintained the Prerogative of the King against the Papacy. Whereas one Thomas Chowney of Suffex lately wrote a Book in Maintenance of the Papal Religion, and in Defence of the Church of Rome, and avers it to be a true Church; the which Book is dedicated to the Archbishop of Canterbury, and was, and is patronized and defended by the said Archbishop, and the said Chowney never troubled for it.
At which Censure, declared as aforesaid, all the Bishops that were then present denied openly, that they held their Jurisdiction from his Majesty; and affirmed, that they had it from God only; and the Archbishop of Canterbury, among many other erroneous Sayings uttered by him, maintained the said Chowney's Book, and that the Church of Rome was a true Church, and that it erred not in Fundamentals: And he, and other the said Bishops there, defamed the Holy Scriptures, and abused Reverend Mr. Calvin; in regard whereof, and for the vindicating your Petitioner's Innocency, in the Matters for which he was most unjustly censured as aforesaid; your Petitioner published in Print another Book in Latin, entitled, Apologeticus ad Prefules Anglicanos: Expressing the Truth of the Proceedings and Speeches at his said Censure. For which last mentioned Book, and his Book called the Letany, (not then in Print) an Information was exhibited against him and others in the Star-Chamber; to which your Petitioner's Answer being drawn and engrossed, was only subscribed by himself, because he could get no Council to set their Hands to it, you Petitioner tendred the said Answer first at the Star-Chamber Office, and after in open Court at the Star-Chamber Bar; but it would not be accepted for want of Councellor's Hands to it, contrary to former Precedents. But the Court of Star-Chamber took the said Information Pro Confesso, and censured your Petitioner 5000l. Fine to the King, to stand in the Pillory, and lose both his Ears, and to be close Prisoner in Lanceston Castle in Cornwal: All which bath been executed upon him with great Extremity to the Peril of his Life. After all which Extremity, your Petitioner (by what Order be knoweth not, it being no Part of his Censure in the Star-Chamber) was transported from the said Castle to the Island of Scilly, a Place so barren, that it affords not ordinary Necessaries; where he bath been in close Durance for Three Years, or more, and not suffered to have any of his Friends come at him; his very Wife being prohibited by the Lords of the Council's Order, under Pain of Imprisonment, to set her Foot upon any Part of the Island to enquire of his Welfare; so that your Petitioner hath been exil'd from his Wife, and divers small Children, 3 Years and more, besides the great Straits and Miseries which be hath sustained during the said Time. All which is contrary to the Law of
God and Man, and the Liberties of a free Subject, to the utter undoing of your Petitioner, his Wife and Children.
May it therefore please this Honourable Assembly, to take these pressing Grievances of your Petitioner into your Considerations, and to afford him such Relief therein, as in your Grave Wisdoms shall seem consonant to Justice and Equity: And to Assign him for Council Serjeant Atkins, Mr. Ludlow, Mr. Tomlins, Mr. Gurdon, and Mr. Randal, to assist him in this his Complaint, and to Order that your Petitioner may take out gratis, such Copies of the said Censures, Warrants and Orders, and other the Proceedings in the said several Courts, as shall or may any way concern this his sad yet most just Complaint, with a Warrant from this Honourable House to bring in his Witnesses.
And your Petitioner, as in Duty bound, shall ever Pray for your Prosperities,
There were also presented and read in the House, the Petitions of Peter Leigh, of the City of Chester, Grocer, and of Richard Golburn of the said City, Gent. complaining, That they had been most severely and unreasonably sentenced in the High-Commission-Court at York, only for visiting Mr. Pryn in his Passage to Carnavan-Castle, going to be made a Prisoner there. And after they had been owned and avowed by the said Persons, there was a large Committee appointed to take all the aforesaid Petitions into Consideration. And they had Power to receive all Petitions of the like Nature, and to consider of the Jurisdiction of the High Commission Courts of Canterbury and York, and of the several Abuses committed in those Courts, or by any Judges or Officers of those Courts; and of the Court of Star Chamber. And they had Power to send for Parties, Witnesses, Papers, Records, or any Thing else that might conduce to the Business, and to assign and hear Council, and were ordered to meet the next Day at Two of the Clock in the Afternoon in the Star-Chamber.
Others who thought themselves grieved by the Court of Star-Chamber, appealed unto the House of Lords, as appears by the following Petition.
To the Right Honourable the Lords Spiritual and Temporal now Assembled in Parliament.
The Humble Petition of Lambert Osbaldeston, Clerk.
The Petition of Lambert Osbaldeston to the House of Peers, complaining of the Sentence in the Star-Chamber against him.
That whereas one Walker and Cadwallader Powel, Two Servants of the Lord Bishop of Lincoln, subporna'd to be made Defendants in a Third Information put into the High Court of Star-Chamber against the said Bishop of Lincoln, did to gratify the Lord Archbishop of Canterbury, and procure themselves free from the said Information, Combine and Conspire together to accuse your Petitioner. And thereupon did most unlawfully break up Hampers, and Rifle the Papers of their Lord and Master, then Imprisoned in the Tower, for Letters of your Petitioner written to the said Bishop, and intercepted other Letters so directed; and conveying all the said Letters to the Hands of Rich. Kilvert, did press and force the said Kilvert to
shew them to the Archbishop, and put them into an Information against your Petitioner. And the said Walker did produce some Letters or Notes of his own Lord's, notwithstanding an express Commandment of Secresy therein contained: Whereby, together with his own disputing Testimony, be interpreted the said Letters contrary to the Petitioner's true Sense and Meaning; as he hath sworn several times upon his Oath.
And whereas, by this persidious Combination of Walker and Powel, certain Words of Little Urchin and Hocus Pocus, as also of great Don and Leviathan, were by them, contrary to the Truth, as this Petitioner hath often sworn and deposed, applied to the said Lord Archbishop of Canterbury, and the Lord Treasurer Weston, a Noble Personage, that ever loved and favoured your Petitioner. And the Petitioner hath been heretofore Sentenced and Fined in the Star-Chamber. (The Lord Chief Justice Finch reading the same Sentence in a most severe and unusual manner): To be deprived and degraded of all his Spiritual Preferments, being 500l. per Annum; To pay a Fine of 5000l. to the King, and 5000l. to his Grace, when all his Means were taken away. And by that other Clause of the Sentence, to have his Ear nailed to the Pillory, in the Dean's yard in Westminister, before the Scholars of that School, which he had so painfully and successfully bred up and taught; and to other ignominious Punishments beside.
Now forasmuch as this Sentence is beyond all Sentences of Death, and could never be prevented either by most humble Submission to his Grace before, or by a multitude of Petitions and earnest Requests made by the Petitioner and his Brother to his Grace, since the said heavy Sentence was pronounced by their unjust and undue Proceedings.
By supposing against Law, your Petitioner's Letters to have been Published by the Bishop of Lincoln; whereas there is not one Word in all the Books to prove that ever the said Bishop received them: And the Bishop denies it upon his Oath to his best Remembrance. Nor is any Man else ever charged to have seen them. And Walker having sworn, That the Bishop did so interpret them, dares not swear, being Interrogated on the King's Behalf, that ever the Bishop received them.
Because Damages of 5000l. is given to his Grace, being neither Plaintiff nor Relator in the Cause, by a kind of Compliment and Courtesy of the Lord Finch; though his Grace, nor any other Person ever saw or heard of these ignominious Compellations before they were thus produced.
For these great and high Concussions in the Prosecution of this Cause, the Petitioner humbly imploreth your Lordships Justice, That this grievous Sentence may be suspended until your Lordships shall have heard the Cause; His Freehold (which neither the one nor the other Court had any Cognizance of) may be forthwith Sequestred, your Petitioner licensed to Prosecute these Grievances in Person; and the Cause directed to such a Course and Form of Proceeding, as shall seem most convenient to this Honourable Assembly.
And your poor Petitioner shall ever Pray, &c.
A Committee named to take into Consideration the Petitions of Mr. Pryn, Mr. Burton, Nathaniel Wickins, Mr. Pryn 's Servant, Calvin Bruen, and Peter Leigh, and Golbourn of Chester.
Committees for Mr. Faunt. Military Affairs.
Ordered, That the particular Grievance of Leicestershire concerning Military Charges, be referred to the Consideration of that Committee that Committee that is appointed for Mr. Faunt's Petition.
E. of Kildare.
Ordered, That the Earl of Kildare's Petition presented to the Grand Committee for Irish Affairs, be referred to the Sub-Committee for those Affairs.
Decemb. 4. Orders of the House.
Friday, Decemb. 4th, Ordered, That whosoever does not take his Place when he comes into the House, or removes out of his Place to the disturbance of the House, shall pay 12d. to be divided between the Serjeant and the Poor; and whosoever speaks so loud in the House when any Bill or other Matter is Reading, as to disturb the House, shall pay the like Forfeiture. And it is further Ordered, That the Business then in Agitation being ended, no new Motion of any new Matter shall be made without leave of the House.
A Bill concerning a certain Salt-Marsh, called Moulton Common Marsh in the County of Lincoln; Read the first time.
Ordered, That Mr. Secretary Windebank, be by Order of this House required to come hither presently; and if he himself cannot be met with, then the Messenger in Name of the House is to require Mr. Robert Read his Clerk presently to attend this House; and the Messenger is to enquire where Mr. Secretary now is, and when he was last at Home; and of all, he is forthwith to give an Account to this House.
Preparatory Examinations to be kept secret.
Ordered, That those Members of this House that be appointed to be present at the Preparatory Examinations before the Lords, be required to declare, That by their Duty they owe to this House, they are obliged to keep all those Examinations Secret.
Protestations of Secrefy.
Those Eight appointed for that Service, did make all of them Protestations to that Purpose.
Ordered, That those Eight, or any Four of them, may be present at the Preparatory Examinations before the Lords.
Message for a Conference concerning the Treaty.
A Message from the Lords by the two Lord Chief Justices:
The Lords do desire a present Conference in the Painted Chamber, if it may stand with the Conveniency of this House, by a Committee of both Houses touching the great Business between the two Kingdoms.
Answer returned by the same Messengers, That this House has taken their Lordships Message into consideration, and will give them a present Meeting as is desired.
Dr. Layfield Delinquent.
Ordered, That the Serjeant at Arms shall forbear to take Bail of Doctor Layfield till the House shall take further Order in it: And it is further Ordered, That Doctor Layfield shall be heard to Morrow in the Afternoon at the Grand Committee for Religion.
- Mr. Sollicitor
- Mr. Hollys.
- Sir Jo. Wray.
- Mr. Selden.
- Mr. Palmer.
- Mr. Maynard.
- Mr. Crew.
Are appointed Reporters of the Conference above-mentioned.
Cessation of Arms.
Resolved upon the Question, That this House does approve of the continuance of a Cessation of Arms between the two Kingdoms for a Month longer, viz. from the Sixteenth of this Instant Month of December, upon the same Terms it was formerly agreed upon, in Case the Treaty shall hold so long.
By order, to Morrow Morning is appointed peremptorily for the Debate of the Subjects Property, in their Goods.
- Mr. Kirton.
- Mr. Ashburnham.
- Sir Edw. Hungerford,
- Sir Edw. Bamton, &c.
And all the Knights for every County, are added to the Committee for preparing the Bill of Grant of 100000l. and they are to meet this Afternoon at Two of the Clock in the Exchequer-Chamber.
Malton and Allerton restored to send Burgessies.
Saturday, Decemb. 5. A Motion was made for Malton and North-Allerton, two Towns in Yorkshire, that have anciently sent Burgesses to Parliament, but for a long while have discontinued. It was desired it might be referred to the Committee for Privileges, to certify the State of the Matter upon View, and Examination of the Record.
Rule concerning reading of Bills 2d time. Monopolies.
Ordered, That no Bills have their Second reading, but between Nine and Twelve.
Ordered, Mr.John Moore, and all the Merchants of the House, to be added to the Committee for Monopolies.
A new Election for Bedfordshire.
Ordered, A Warrant to Issue forth under Mr.Speaker's Hand for a new Writ for Electing of a Knight to serve for the County of Bedford, in the Place and Stead of the Lord Wentworth, summoned by His Majesty's Writ to the Upper House.
Watford Petition read and referred.
The humble Petition of divers Inhabitants in and about the Town of Watford in the County of Hertford, complaining of the Sheriff for rigorous levying of Ship-Money; read and referred to a Committee, except to those that have acted as Sheriffs, or as other Officers who have been employed in the Levying of Ship-Money; and this Committee is to take into consideration the Petition exhibited by the Inhabitants of the Town of Watford, against Thomas Cunningsby, Esquire, sometime High-Sheriff of the County of Hertford, for the rigorous Levying of Ship-Money; and has Power to receive all Petitions concerning Ship-Money, and to send for Parties, Witnesses, Papers, Records, &c. and are to meet on Wednesday in the Afternoon at Two of the Clock in the Exchequer-Chamber.
Disposal of 30000l. for the Army, &c.
Ordered, That the Thirty Thousand Pounds allotted for the Relief of the King's Army, and now sent down by Sir William Uvedall, shall be by him disposed of according to my Lord of Northumberland's Warrant, which shall be a sufficient Discharge for the said Sir William Uvedall; and as for the Twenty Thousand Pounds allotted for the Relief of the Northern Counties, it is referred to the former Committee that is appointed to consider of the State of the King's Army, to prepare the Forms of Acquittances to be given to Sir William Uvedall by the English Commissioners in the North, for his Discharge for the Payment of these Monies.
The Committee for the King's Army are to meet this Afternoon at Two of the Clock in the Exchequer-Chamber.
- Sir Henry Coke.
- Sir John Coke.
- Mr. Tho. Coke.
- Mr. Hyde.
- Mr. Hatcher.
- Lord Falkland,
- Sir Simon d' Ewes.
- Mr. Maynard.
To Recover Sir Edw. Coke this Books.
or any Three of them, are to make Enquiry after such Books, Papers, and Manuscripts as have been seized from Sir Edward Coke or his Servant, and by what Authority, and by whom they were seized; and to present some Course or Method to the House for the recovery of them; and have Power to send for Parties, and Witnesses, or any Thing else that may conduce to this Business.
Mr. Noye's Books.
This Committee is likewise to take into Consideration the Enquiry after such Books as Mr. Attorney has received of Mr.Noye's.
The humble Petition of the Merchants Trading in French Wines, read.
Sir Tho. Dawes for Wines.
Ordered, That Sir Thomas Dawes be forthwith sent for, to give an Account to this House why he does forbid the Landing of the Wines complained of in a Petition exhibited here from the Merchants Trading in French Wines.
Mr. Maynard, who has the Chair at the Committee for Privileges, by leave of this House is dispensed with from being there this Afternoon, and the Committee is to appoint another to the Chair in his Place for this time.
St. Gregory's Church, a Day to meet.
Ordered, The whole Business concerning the Church of St. Gregories by Paul's be referred to the Select Committee, with the Addition that is appointed for that Business, and they are to meet this Afternoon at Two of the Clock in the Exchequer Court.
A Petition from Mr. Halford read.
Mr. Halford discharged.
Resolved upon the Question, That Mr. Halford, now a Prisoner in the Tower, by Order of this House, shall be forthwith Discharged of his Imprisonment, performing the rest of the Order, according to a Sentence pronounced against him here.
Sir W. Pennyman, and Sir Rich. Bullar.
Sir William Pennyman, and Sir Richard Bullar, have license to go and speak with the Earl of Strafford upon their own private Occasions; and in the open House they made their Protestations of discovering nothing unto him concerning the Business of the House.
To Debate the Matter of Property in Goods.
Monday Morning is peremptorily appointed for the Debate of the Subjects Property in their Goods. And it is likewise Ordered, That no other Business whatsoever shall then precede this Business; and Mr. Speaker is ordered to put the House in mind of this Order so soon as he is in his Chair.
The Debate concerning the Levying of the 100000l. by way of Subsidy, or otherwise, is desired to be considered of on Monday Morning next after the Debate of the Subjects Property in their Goods.
Power to a Committee for Ship-Money.
Monday, Decemb. 7th. Power is given to the Committee for Ship-Money, to treat and consider of all Things that may concern that Business.
Leave is given to Mr. John Mowin of Newport in the lsle of Wight, to be absent for some great Occasions of his own, until after Christmas.
Ordered, That the like Order as was sent to the Justices of Peace for Middlesex and London, for the Indicting and Prosecuting of Recusants at the next Sessions, be sent to all Justices of Peace within the several Counties of England and Wales; and to all the Officers of every several Liberty within the said Counties, to proceed accordingly at the next Sessions. And that Copies of this Order be delivered to the Knights of all the Shires, and to the Citizens and Burgesses of Cities and Boroughs within the said Counties, to the End that they may be sent down with Care and Speed.
Lord Chief Justice Littleton, and the Lord Chief Baron Davenport bring from the Lords a Bill, Intituled,
An Act for the Queen's Jointure from the Lords.
An Act, for the Confirmation of several Letters Patents made by our Sovereign Lord the King, and other Grants made by His Majesty's dearest Consort the most High and Excellent Princess Henrietta Maria, Queen of England, Scotland, France and Ireland, and others in trust for her use.
The House resumed the Debate concerning Ship-Money.
Lord Falkland's SPEECH about Ship-Money.
L. Falkland's Speech about Ship-Money.
I Rejoice very much to see this Day; and the want hath not lain in my Affections, but my Lungs, if to all that hath been past I have been as loud with my Voice as any Man in the House; yet truly my Opinion is we have yet done nothing, if we do no more; I shall add what I humbly conceive ought to be added, as soon as I have said something with reference to him that says it.
I will first desire the Forgiveness of the House if ought I say seem to intrench upon another's Profession, and enter upon the Work of another Robe. Since I have been intrusted by the Report of a learned Committee, and confirmed by the uncontradicted Rule of the House, since I shall say nothing of this kind but in order to something further: And which moves me most to venture my Opinion, and to expect your Pardon, since I am confident that History alone is sufficient to shew this Judgment contrary to our Laws, and Logick alone sufficient to prove it destructive to our Property, which every free and noble Person values more than his Profession. I will not profess I know my self, but all those who know me, know that my natural Disposition is to decline from Severity, much more from Cruelty.
That I have no particular Provocation from their Persons, and have particular Obligations to their Calling against whom I am to speak; and though I have not so much knowledge in Law, yet far more than I have use for; so I hope it will be believed, that only publick Interest hath extorted this from me, and that which I would not say, if I conceived it not so true, and so necessary, that no undigested Meat can lie heavier upon the Stomach, than this unsaid would have lain upon my Conscience.
Mr Speaker, The Constitution of this Commonwealth hath established, or rather endeavoured to establish to us the Security of our Goods, and the Security of those Laws which would secure us and our Goods, by appointing for us Judges so settled, so sworn, that there can be no Oppression, but they of Necessity must be accessory; since if they neither deny, nor delay us Justice, which neither for the Great, nor Little Seal, they ought to do; the greatest Person in this Kingdom cannot continue the least Violence upon the meanest. But this Security, Mr.Speaker, hath been almost our Ruin; for it hath been turned, or rather turned it self into a Battery against us: And those Persons who should have been as Dogs to defend the Sheep have been as Wolves to worry them.
These Judges, Mr.Speaker, to instance not them only, but their greatest Crime have delivered an Opinion and Judgment in an extrajudicial manner, that is, such as came not within their Cognizance, they being Judges, and neither Philosophers, nor Politicians; in which, when that which they would have so absolute and evident, takes place, the Law of the Land ceases, and that of general Reason and Equity, by which particular Laws at first were framed, returns to his Throne and Government; where Salus Populi becomes not only Suprema, but sola Lex; at which and to which End, whatsoever should dispense with the King, to make use of any Money, dispenses with us to make use of his, and one another's. In this Judgment they contradicted both many and learned Acts and Declarations of Parliament; and those in this very Case, in this very Reign; so that for them they needed to have consulted with no other Record, but with their Memories.
2. They have contradicted apparent Evidences, by supposing mighty and eminent Dangers, in the most Serene, Quiet, and Halcion Days that could possibly be imagined; a few contemptible Pirates, being our most formidable Enemies, and there being neither Prince nor State, with whom we had not either Alliance, or Amity, or both.
3. They contradict the Writ it self, by supposing that supposed Danger to be so sudden, that it would not stay for a Parliament, which required but Forry Days stay, and the Writ being in no such haste, but being content to stay Forry Days Seven times over.
Mr.Speaker, it seemed generally strange, that they saw not the Law, which all Men else saw but themselves. Yet though this begot the more general Wonder, three other Particulars begot the more general Indignation.
The first of all the Reasons for this Judgment, was such that there needed not any from the adverse Party to help them to convert those few, who before had not
the least Suspicion of the Legality of that most Illegal Writ, there being sewer that approved of the Judgment, than there were that judged it Legal, for I am confident they did not That themselves.
Secondly, When they had allowed to the King the sole Power in necessity, the sole Judgment of necessity, and by that enabled him to take both from us, what he would, when he would, and how he would, they yet continue to perswade us that they had left us our Liberties and Properties.
The Third and Last is, and which I confess moved most, That by the transformation of us from the State of free Subjects (a good Phrase, Mr. Speaker, under Dr. Heylin's Favour) unto that of Villains, they disable us by Legal and Voluntary Supplies to express our Affections to His Majesty, and by that cherish his to us, that is, by Parliaments.
Mr. Speaker, The Cause of all the Miseries we have suffered, and the Cause of all our Jealousies we have had, that we should yet suffer, is, That a most excellent Prince hath been most insinitely abused by his Judges, telling him that by Policy he might do what he pleased; with the first of these we are now to deal, which may be a leading to the rest. And since in providing of these Laws, upon which these Men-have trampled, our Ancestors have shewed their utmost Care and Wisdom, for our undoubted Security, Words having done nothing, and yet they have done all that Words can do, we must now be forced to think of abolishing of our Grievances, and of taking away this Judgment, and these Judges together, and of regulating their Successors by their exemplary Punishment.
I will not speak much; I will only say, we have accused a great Person of High Treason, for intending to subvert our Fundamental Laws, and to introduce Arbitrary Government, which we suppose he meant to do; we are sure these have done it, there being no Law more fundamental than that they have already subverted; and no Government more absolute than that they have really introduced: Mr. Speaker, not only the severe Punishment, but the sudden removal of these Men, will have a sudden Effect in one very considerate Consideration.
We only accuse, and the House of Lords condemn; in which Condemnation they usually receive Advice (tho' not Direction) from the Judges; and I leave it to every Man to imagine how prejudicial to us, that is, to the Commonwealth, and how partial to their Fellow-Malefactors the Advice of such Judges is like to be. How undoubtedly for their own Sakes they will think it may conduce to their Power, that every Action be judged to be a less Fault, and every Person to be less Faulty than in Justice they ought to do: Amongest these, Mr. Speaker, there is one that I must not lose in the Crowd, whom I doubt not but we shall find, when we examine the rest of them, with what Hopes they have been tempted, by what Fears they have been assayed, and by what, and by whose Importunity they have been pursed, before they consented to what they did; I doubt not, I say, but we shall then find him to have been a most admirable Solicitor, but a most abominable Judge; he it is who not only gave away with his Breath what our Ancestors had purchased for us by so large an Expence of their Time, their Care, their Treasure, and their Blood, and employed his Industry as great as his Injustice, to persuade others to join with him in that Deed of Gift; but strove to root up those Liberties which they had cut down; and to make our Grievances immortal and our Slavery irreparable, left any part of our Posterity might want occasion to curse him, he declared that Power to be so inherent to the Crown, as that it was not in the Power even of Parliaments to divide them.
I have heard, Mr. Speaker, and I think here that common Fame is ground enough for this House to accuse upon; and then undoubtedly there is enough to be accused upon in this House; He hath reported this so generally, that I expect not that you shall bid me name him whom you all know, nor do I look to tell you News, when I tell you it is my Lord-Keeper. But this I think fit to put you in mind of, That is Place admits him to His Majesty, and trusts him with His Majesty's Conscience; and how pernicious every Moment must be, which gives him means to infuse such unjust Opinions of this House, as are express'd in Libel, rather than a Declaration, of which many believe him to be the Principal Secretary; and the other puts the most vast and unlimited Power of the Chancery into his Hands, the safest of which will be dangerous; for my Part, I think no Man secure, that he shall think himself worth any Thing when he rises, whilst all our Estates are in his Breast, who hath sacrificed his Country to his Ambition; whilst he who hath prostrated his own Conscience, hath the keeping of the King's; and he who hath undone us already by Wholesale, hath a Power left in him by Retail.
Mr. Speaker, In the beginning of the Parliament he told us, and I am confident every Man here believes it before he told it, and never the more for his telling, tho' a sorry Witness is a good Testimony against himself; That His Majesty never required any Thing from any of his Ministers but Justice and Integrity. Against which, if any of them have transgressed, upon their Heads, and that deservedly, it all ought to fall. It was full and truly said; but he hath in this Saying pronounced his own Condemnation; we shall be more partial to him than he is to himself, if we be slow to pursue it. It is therefore my just and humble Motion, That we may chuse a select Committee to draw up his and their Charge, and to examine their Carriage in this Particular, to make use of it in the Charge; and if he shall be found guilty of tampering with Judges against the Publick Security, who thought tampering with Witnesses in a private Cause, worthy of so great a Fine; if he should be found to have gone before the rest to this Judgment, and to have gone beyond the rest in this Judgment, that in the Punishment of it the Justice of this House may not deny him the due Honour both to preceed and exceed the rest.
Ship-Money voted Illegal.
Resolved upon the Question, Nemine Contradicente,
That the Charge imposed upon the Subjects for the providing and furnishing of Ships, and the Assessments for raising of Money for that Purpose, commonly called Ship-Money, are against the Laws of the Realm, the Subjects Right of Property, and contrary to former Resolutions in Parliament, and to the Petition of Right.
Resolved upon the Question, Nemine Contradicente,
That the extrajudicial Opinions of the Judges published in the Star-Chamber, and enrolled in the Courts of West' in bac verba, &c. (Reciting the Judgment,)
In the whole, and in every Part of them are against the Laws of the Realm, the Subjects Right of Property, and contrary to former Resolutions in Parliament, and to the Petition of Right.
Resolved upon the Question, Nemine Contradicente,
That the Writ following, in bac verba, &c. and the other Writs commonly called the Ship-Writs, are against the Laws of the Realm, the Right of Property, and the Liberty of the Subjects, and contrary to former Resolutions in Parliament, and to the Petition of Right.
Committee concerning the Judges.
- Lord Faulkland,
- Mr. Hollis,
- Mr. Hyde,
- Sir John Culpepper,
- Mr. Kirton,
- Mr. Goodwin,
- Sir Miles Fleetwood,
- Sir Guy Palmes,
- Sir William Litton,
- Mr. Peirpoint,
- Sir John Strangeways,
- Lord Wenman,
- Mr. Crew,
- Sir Arth. Haslerigg,
- Mr. Peard,
- Sir Fra. Seymour.
These are to go forthwith to the several Judges, to know how they were sollicited or threatned, and in what manner, and by whom, to give any Opinion or Judgment concerning Ship-Money, and they are to go two to a Judge.
This Committee hath likewise leave to acquaint the Judges what hath been voted this Day in the House touching Ship-Money, and to use their own Discretions to ask such Questions as shall be material to the Matter contained in the Order.
Bossiney Election resumed.
Resolved upon the Question, That the Election of the Burgesses for Bossiney in the County of Cornwall, is void; and that a Warrant shall issue forth under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery for a new Writ, for electing of two Burgesses to serve for the said Town of Bossiney in this present Parliament.
Decemb. 8. Edw. Coffer's Petition.
Tuesday, Decemb. 8. Sir Roger North hath License to be absent from this House for a while, upon some great Occasions of his own.
The humble Petition of Edward Coffer, Esq; Counsellor at Law, read: And it was thereupon Ordered, That John Anguish, late Mayor of the City of Norwich, complained of in the Petition, be forthwith sent for as a Delinquent by the Serjeant at Arms attending on this House.
Wednesday Morning is peremptorily appointed for the Debate of the New Canons, and the Benevolence granted by the Clergy, and nothing is to precede this Debate; and Mr.Speaker is to put the House in mind of this Order, so soon as he is in the Chair.
Mr. Hampden's Election.
Mr. Hampden chosen one of the Knights of the Shire for the County of Bucks, and also one of the Burgesses for Wendover in the said County; chuses to serve as Knight for Bucks, and waves Wendover.
Ordered, A Warrant to issue forth under Mr.Speaker's Hand to the Clerk of the Crown in Chancery, for a new Writ for the Electing of another Burgess for Wendover.
Mr. Maynard's Election.
Mr.Maynard chosen for Newport and Totnes, waves Newport, and chuses to serve for Totnes. A Warrant to issue under Mr.Speaker's Hand according to Custom, for Electing of a Burgess to serve for Newport.
Mr.Maynard reports from the Committee for Privileges,
Mr. Maynard reports from the Committee of Privileges. Sudbury Election.
That the Question did arise between Mr.Brampton Gordon, who preended he was chosen, though not returned; and Sir Robert Crane, who was returned a Burgess for the Town of Sudbury Com' Suffolk. That they heard Witnesses on both sides, and the Committee was satisfied with the Witnesses on Sir Robert Crane's behalf, and are of Opinion he is duly Elected, with which Vote the House agreed: He likewise reported the Election at New Windsor.
That there was a Competition between Sir Thomas Roe and Mr.Waller, who were returned Burgesses for New Windsor, and Mr.Holland and Mr.Taylor, who is since dead, who pretended they were Elected, though not returned. The Question was, Whether the Inhabitants in general, or the particular Choice of the Mayor, Bailiff, and some few of the Town, should have Power of Election.
This Place was incorporated by the Name of Mayor, Bailiff, and Burgeffes in Edw. the 4th's Time; and in Hen. 8th's Time, the Return was made by the Mayor, Bailiff, and Burgesses. But of late Times, Return hath been made by Mayor, Bailiffs, and Commonalty. And the Committee was of Opinion, That the Charter being an Incorporation of Inhabitants, he Inhabitants of Right ought to chuse, and not the special Men.
Upon this Report it was resolved upon the Question,
That all the Inhabitants of the Borough of Windsor have generally Right to the Election of Burgesses to serve for that Town in Parliament.
That the Election of Mr.Holland for one of the Burgesses for the Town of Windsor is not good.
Ordered. That a Warrant issue forth under Mr.Speaker's Hand, directed to the Clerk of the Crown in Chancery, for a new Writ for the Election of Two Burgesses to serve in this Parliament for the Town of Windsor.
Power to the Committee for Properties.
Ordered, That the same Committee that was formerly appointed to consider of the Propriety of the Subjects in their Goods, shall take into Consideration some way of seeing the entring upon Record the several Commissions for Loans and Excise, and the Resolutions of former Parliaments
thereupon, and the Addition that was offered by the Lords to the Petition of Right, and the Resolution of the House thereupon: And also the Resolutions of those several Questions proposed here concerning Ship–Money, that they may remain fair to Posterity: And it is referred to the same Committee to make a Preparation of the Vote of this House Pass here concerning Ship-Money, to be transferred up to the Lords, And the same Committee is to consider of, and prepare a Charge against the Lord-Keeper, and the rest of the Judges that gave their Opinion touching Ship-Money. And also to take into their Consideration, their extrajudicial Opinions, and the Judgments in the Case of Ship-Money. And this are to enquire of the several Denials of Habeas Corpus, and Prohibitions, and their several extrajudicial Proceedings and Opinions concerning Ecclesiastical Jurisdictions, and the Court of Admiralty, and their Denial of legal and ordinary Proceedings in Cases of Justice, and the binding of the whole Kingdom by any one Man's particular Case. And they have Power to send for Parties, Witnesses, Papers, Records, or any thing else that may conduce either to the whole, or to any particular of this Business And are to present the State of the whole Matter to this House and are to meet this Afternoon, at Two a-Clock, in the Exchequer-Chamber.
Addition to the Committee for Property.
- Mr. Treasurer,
- Sir Thomas Roe,
- Mr. Strode,
- Mr. Jane,
- Sir Edw. Hungerford,
- Sir Ralph Hopton,
- Sir Hugh Cholmley,
- Sir John Hotham,
- Sir Tho. Barrington,
- Sir Peter Hayman.
And those Sixteen that were Yesterday appointed to confer with Judges, are likewise added to this Committee.
Ordered, That Mr. Palmer be added to the Committee for Forests.
Ordered, That the Committee for the High-Constable and Earl Marshal's Court, now sine die, do meet to-morrow in the Afternoon in wonted Place, and that all the Lawyers of the House be added to the Committee.
December 9. Judgment in the Exchequer concerning Ship-Money.
Wednesday, Decemb. 9. Upon a Motion made, Sir Thomas Fanshaw received the Copy of the Judgment, and other Proceedings in Mr. Hamden's Case, to examine it carefully and perfectly, that it might be entred here according to a former Order.
Mr. Warner, and Mr. Holford.
Mr. Warner and Mr. Holford are to be brought hither to-morrow Morning to make their Submissions here at the Bar, as by their Sentence they were ordered.
Sir George Ratcliff to the Gate-house.
Ordered, That Sir George Ratcliff, Knight, now in the Custody of the Serjeant at Arms attending this House, be forthwith committed Prisoner to the Gate-House, to be kept in sure and safe Custody during the Pleasure of this House, there being here an Information of High-Treason against him.
None to speak with him privately.
Mr. Speaker is likewise to intimate to the Keeper of the Prison, that suffer no Man to speak with Sir George Ratcliff, but in his Presence Hearing.
Committee to procure Convocation Warrants.
- Mr. Selden,
- Sir Tho. Widdrington,
- Mr. Whistler,
- Mr. St. John,
- Mr. Bagshaw,
- Mr. Holborne,
- Mr. Bodevile,
- Mr. Glyn,
- Mr. Palmer,
- Mr. Peard,
- Mr. Coke,
- Mr. Maynard.
This Committee, or any three or two of them, are required to procure for the Service of this House, the Licenses precedent and subsequent to the last Convocation, and such other Commissions and Warrants as they shall think necessary, for the clear debating of the New Canons, and the Benevolence granted by the Clergy. They have likewise Power to examine the Clerk of the Signet Office, or any other Officer whom it may concern, how the Commission that enables the Clergy to give and take the new Oath, is withdrawn, and by whom. They are likewise to consider of the Convocation Writs, whether they are the same with the Writs of former Times; and they are to consider the Nature of the Proxies, and to enquire after the Opinions that the Judges gave in this Business. And have Power to send for Parties, Witnesses, Papers, Records, or any thing else that may conduce to this Business. And are to present the State of the whole Matter unto the House on Monday next. And are to meet this Afternoon at Two of the Clock in the Treasury Chamber.
The rest of the Day was spent about Two Subsidies, which were given in lieu of 100000l.
December 10. Naturalization of George Smith.
Thursday, Decemb. 10. An Act for the Naturalization of George Smith of London, Merchant, read the first time.
Warner and Holford, Delinquents, receive Sentence.
Mr. Warner and Mr.Holford were, one after another, called in, and kneeling at the Bar, the Petitions they exhibited during their Imprisonment in the Tower, in which they desired the Mercy of this House, were read unto them; and according to the Sense of those Petitions, they personally made an Acknowledgement of their Offences, and of the Justice of this House, and of their Sorrow for their Crimes, and humbly besought the Mercy and Favour of this House might be extended towards them.
Mr. Holford and Mr. Warner discharged.
Mr. Speaker told them, The House did allow of their Submission, and did order them forthwith to be discharged from the Serjeant's Custody, paying their Fees; and that for the rest of their Sentence, the House would take some Course for their performing of it hereafter.
Secretary Windebank; His Letter to the Earl of Pembroke.
Ordered, That Notice be forth with left at Mr. Secretary Windebank's House, requiring him peremptorily to appear here to-morrow Morning. And it was moved, That if he came not, that then a Message should be sent to the Lords, to desire them to move his Majesty for a Proclamation to be awarded against him to bring him in. Upon this the Secretary fled beyond Sea. Being out of the Parliament's Reach, he sent a Letter to the Earl of Pembroke, dated at Calice, wherein among other Passages, he wrote to his Lordship, That he should have received an Account of his first Arrival; but that he was so mortified with a hazardous Passage in an open Shallop, and so perplexed with the Thoughts of Misery, into which he found himself plunged, that it was not possible for him to perform his Duty sooner. That he was the saddest and most wounded Soul in the World, a Spectacle of Misery in himself, his Wife, Children and Fortunes, having lost his Attendance upon his Sovereign, and being become a Scorn and a By-word to all the World, a Wanderer, and an Exile from his own Country, now in the Declension of his years, and likely to end his Days in a remote Country, far from the Comfort of all his Friends. What I am guilty of, said he, none knows so well as his Majesty, whom I have served Faithfully, Diligently, Painfully, and with as True and Loyal a Heart, according to my poor Abilities, as any other whosoever.
- Sir Thomas Roe,
- Mr. Pym,
- Captain Rainsborow,
- Mr. King,
- Mr. Jennour,
- Mr. John Moore,
- Mr. Potts.
The Citizens of London, the Barons and Burgesses of all the Ports and Sea-Towns.
This Committee is to receive, and to take into Consideration the Petitions that are, or shall be preferred on the behalf of the Prisoners and captives of Algiers, Tunis, or else where under the Turk's Dominions; and are to present the State of them to this House, and some speedy Way for their Redress: And are to think of some Course for the securing of Navigation, and of his Majesty's Subjects for hereafter; and have Power to send for Parties, Witnesses, Papers, Records, or any thing else that the shall think may conduce to the Business; and are to meet to-morrow in the Afternoon, at Two of the Clock, in the Star-Chamber.
The Order made yesterday for debating the way of raising the 100000l. was read.
Resolved upon the Question,
That the House shall now be resolved into a Committee to debate the former Order made concerning the raising of 100000l.and to consider whether it be fit to alter it, and wherein.
Yeas and Noes divided; (Rule.)
Upon the Difference of the yeas and Noes concerning the altering of a Vote about the 100000l. the House being divided, it was declared for a constant Rule, That those that give their Votes for the Preservation of the Orders of the House, should stay in: And those that give their Votes other wise, to the introducing of any new Matter, or any Alteration, should go out. But at this time, before the Noes had all gone out, the yeas yielded.
Resolved upon the Question.
Two Subsidies instead of 100000l.
That instead of the 100000.l formerly ordered by this House for the Relief of the King's Army, and the Northern Counties, Two Subsidies shall be granted to the Uses express'd in the former Orders.
Mr.Peard has Leave to be of Council with the Lord Brook, in the House of Lords.
December II. A New Writ for Windsor to the old Sheriff.
Friday, December II. Ordered, That the Clerk of the Crown forthwith deliver the Writ for Electing of Two Burgesses to serve in this Parliament for the Town of New Windsor in the County of Berks, to the Sheriff of the said County, who is not in Town.
A Witness in Mr. Pryn's Cause.
Mr.Grimston and Mr. Purefoy have Leave from this House to go and examine Mr. Collins, by reason of Sickness, is not able to attend to Committee. And they are to report his Examination to the Committee for Mr. Pryn's Business.
Colonel Lunsford being, upon some Occasions, to attend the House of Lords and this House, and having likewise some Occasions of his own, it was desired, That, with the Leave of the House, he may attend the Lord General for his Leave to stay so long in Town as his Lordship shall thinfit. And it was agreed unto accordingly.
Committee for the Bill of 100000l. is to draw up a Bill for Two Subsidies.
The same Committee that was appointed to draw up the Bill for the Grant of 100000l. is to draw up the Bill for the Two Subsidies; And are to take into Consideration those Circumstances that happened here in Debate concerning that Business; and are to meet this Afternoon, at Two of the Clock, in the Exchequer-Court.
This Day there was presented a Petition from many of his Majesty's Subjects in and about the City of London.
To the Right Honourable the Commons House of Parliament.
The Humble Petition of many of his Majesty's Subjects in and about the City of London, and several Counties of the Kingdom.
The London Petition against Bishops, and 28 Grievances occasion'd by them, presented December 11. 1640.
That whereas the Governments of Archbishops and Lord Bishops, Deans and Archdeacons, &c. with their Courts and Ministrations in them, have proved prejudical and very dangerous both to the Church and Commonwealth; they themselves having formerly held, That they have their Jurisdiction or Authority of human Authority, till of these later Times being further pressed about the Unlawfulness, that they have claimed their Calling immediately from the Lord Jesus Christ, which is against the Laws of this Kingdom, and derogatory to his Majesty and his State Royal. And whereas the said Government is found by woful Experience to be a main Cause and Occasion of many foul Evils, Pressures and Grievances of a very high Nature unto his Majesty's Subjects in their own Consciences, Liberties and Estates, as in a Schedule of Particulars hereunto annexed may in part appear:
We therefore most humbly pray, and beseech this Honourable Assembly, the Premises considered, That the said Government, with all its Dependencies, Roots and Branches, may be abolished, and all Laws in their behalf made void, and the Government, according to God's Word, may be rightly placed amongst us. And We your humble Suppliants, as in Duty we are bound, will daily pray for his Majesty's long and happy Reign over us; and for the prosperous Success of this High and Honourable Court of Parliament.
A Particular of the manisold Evils, Pressures and Grievances caused, practised and occasioned by the Prelates, and their Dependants.
- 1. The subjecting and enthralling all Ministers under them and their Authority, and so by degrees exempting them from the Temporal Power: whence follows,
- 2. The Faint-heartedness of Ministers to Preach the Truth of God, lest they should displease the Prelates; as namely, the Doctrine of Predestination, of Free-Grace, of Perseverance, of Original Sin remaining after Baptism, of the Sabbath, the Doctrine against Universal Grace, Election for Faith foreseen, Free-Will, against Antichrist, Non-Residents, human Invention in God's Worship; all which are generally with-held from the People's Knowledge, because not relishing to the Bishops.
- 3. The Encouragement of Ministers to despise the Temporal Magistracy, the Nobles and Gentry of the Land; to abuse the Subjects, and live contentiously with their Neighbours, knowing that they, being the Bishop's Creatures, shall be supported.
- 4. The Restraint of many godly and able Men from the Ministry, and thrusting out of many Congregations their faithful, diligent, and powerful Ministers, who lived peaceably with them, and did them good, only because they cannot in Conscience submit unto, and maintain the Bishops needless Devices; nay, sometimes for no other Cause, but for their Zeal in Preaching, or great Auditories.
- 5. The suppressing of that godly Design set on foot by certain Saints, and sugared with many great Gifts by sundry well-affected Persons for the buying of Impropriations, and placing of able Ministers in them, maintaining of Lectures, and founding of Free-Schools, which the Prelates could not endure, left it should darken their Glories, and draw the Ministers from their Dependance upon them.
- 6. The great Increase of idle, lewd and dissolute, ignorant and erroneous Men in the Ministry, which swarm like the Locusts of Egypt over the whole Kingdom: And will they but wear a Canonical Coat, a Surplice, a Hood, bow at the Name of Jesus, and be zealous of superstitious Ceremonies, they may live as they list, confront whom they please, preach and vent what Errors they will, and neglect Preaching at their Pleasures without Controul.
- 7. The Discouragement of many from bringing up their Children in Learning the many Schisms, Errors, and strange Opinions which are in the Church; great Corruptions which are in the Universities, the gross and lamentable Ignorance almost every where among the People, the Want of Preaching Ministers in very many Places both of England and Wales, the loathing of the Ministry, and the general Defection to all manner of Prophaneness.
- 8. The swarming of lascivious, idle and unprofitable Books and Pamphlets, Play books and Ballads; as namely, Ovid's Fits of Love, The Parliament of Women, which came out at the dissolving of the last Parliament; Barns's Poems, Parker's Ballads, in Disgrace of Religion, to the Increase of all Vice, and withdrawing People from Reading, Studying, and Hearing the Word of God, and other good Books.
- 9. The hindering of godly Books to be printed, the blotting out or perverting those which they suffer, all or most of that which strikes either at Popery or Arminianism; the adding of what or where pleaseth them, and the Restraint of reprinting Books formerly licensed, without relicensing.
- 10. The publishing and venting of Popish, Arminian, and other dangerous Books and Tenets; as namely, That the Church of Rome is a true Church and in the worst Times never erred in Fundamentals; That the Subjects have no Propriety in their Estates, but that the King may take from them what he pleaseth; That all is the King's and that he is bound by no Law; and many other; from the former whereof hath sprung,
- 11. The Growth of Popery and Increase of Papists, Priests and Jesuits in fundry Places, but especially about London since the Reformation; the frequent venting of Crucifixes and Popish Pictures both Engraven and Printed, and the placing of such in Bibles.
- 12. The Multitude of Monopolies and Patents, drawing with them innumerable Perjuries; the large Increase of Customs and Impositions upon Commodities, the Ship-Money, and many other great Burthens upon the Commonwealth, under which all groan.
- 13. Moreover, the Offices and Jurisdictions of Archbishops, Lord-Bishops, Deans, Archdeacons, being the same Way of Church-Government, which is in the Romish Church, and which was in England in the Time of Popery, little Change thereof being made, (except only the Head from whence it was derived) the same Arguments supporting the Pope, which do uphold the Prelates; and overthrowing the Prelates, which do pull down the Pope; and other Reformed Churches having upon their Rejection of the Pope, cast the Prelates out also as Members of the Beast. Hence it is that the Prelates here in England by themselves or their Disciples, plead and maintain, That the Pope is not Antichrist, and that the Church of Rome is a true Church, hath not erred in fundamental Points, and that Salvation is attainable in that Religion, and therefore have restrained to pray for the Conversion of our Sovereign Lady the Queen. Hence also hath come,
- 14. The great Conformity and Likeness both continued and increased of our Church to the Church of Rome, in Vestures, Postures, Ceremonies and Administrations; namely, as the Bishops Rotchets and the Lawn-Sleeves, the Four-Corner'd Cap, the Cope and Surplice, the Tippet, the Hood, and the Canonical Coat; the Pulpits cloathed, especially now of late, with the Jesuit's Badge upon them every way.
- 15. The standing up at Gloria Patri, and at the reading of the Gospel, praying towards the East, the Bowing at the Name of Jesus, the Bowing to the Altar, towards the East, Cross in Baptism, the Kneeling at the Communion.
- 16. The turning of the Communion-Table Altar-wise, setting Images, Crucifixes, and Conceits over them, and Tapers and Books upon them, and bowing or adoring to, or before them; the reading of the second Service at the Altar, and forcing People to come up thither to receive, or else denying the Sacrament to them; terming the Altar to be the Mercy-Seat, or the Place of God Almighty in the Church; which is a plain Device to usher in the Mass.
- 17. The Christning and Consecrating of Churches and Chapels, the Consecrating Fonts, Tables, Pulpits, Chalices, Church-yards, and many other things, and putting Holiness in them; yea, re-consecrating upon pretended Pollution, as though every thing were unclean without their consecrating; and for want of this, sundry Churches have been interdicted, and kept from use as polluted.
- 18. The Liturgy, for the most part, is framed out of the Romish Breviary, Rituals, Mass-Book; also the Book of Ordination for Archbishops and Ministers framed out of the Roman Pontifical.
- 19. The Multitude of Canons formerly made, wherein, among other things, Excommunication, ipso facto, is denounced for speaking of a word against the Devices abovesaid, or Subscription thereunto, though no Law enjoined a Restraint from the Ministry without Subscription; and Appeal is denied to any that should refuse Subscription or unlawful Conformity, though he be never so much wronged by the inferior Judges. Also the Canons made in the late Sacred Synod, as they call it, wherein are many strange and dangerous Devices to undermine the Gospel, and the Subjects Liberties, to propagate Popery, to spoil God's People, ensnare Ministers and other Students, and so to draw all into an absolute Subjection and Thraldom to them and their Government, spoiling both the King and the Parliament of their Power.
- 20. The countenancing of Plurality of Benefices, prohibiting of Marriages without their License, at certain Times, almost Half the Year, and licensing of Marriages without Banes asking.
- 21. Prophanation of the Lord's Day, pleading for it, and enjoining Ministers to read a Declaration, set forth (as 'tis thought) by their Procurement, for tolerating of Sports upon that Day, suspending and depriving many godly Ministers for not reading the same only out of Conscience, because it was against the Law of God so to do, and no Law of the Land to enjoin it.
- 22. The pressing of the strict Observation of the Saints Days, whereby great Sums of Money are drawn out of Mens Purses for working on them; a very high Burthen on most People, who getting their Living on their daily Employments, must either omit them, and be idle; or part with their Money, whereby many poor Families are undone, or brought behind-hand; yet many Church-Wardens are sued, or threatned to be sued by their troublesome Ministers, as perjured Persons, for not presenting their Parishioners, who failed in observing Holidays.
- 20. The great Increase and Frequency of Whoredoms and Adulteries, occasioned by the Prelates corrupt Administration of Justice in such Cases, who taking upon them the Punishment of it, do turn all into Monies for the filling of their Purses; and left their Officers should defraud them of their Gain, they have in their late Canon, instead of remedying these Vices, decreed, That the Commutation of Penance shall not be without the Bishop's Privity.
- 24. The general Abuse of that great Ordinance of Excommunication, which God hath left in his Church, as the last and greatest Punishment which the Church can inflict upon obstinate and great Offenders; and the Prelates and their Officers, who of right have nothing to do with it, do daily excommunicate Men, either for doing that which is lawful, or for vain, idle, and trivial Matters, as working, or opening a Shop on a Holiday, for not appearing at every Beck upon their Summons, not paying a Fee, or the like; yea, they have made it, as they do all other things, a Hook or Instrument, wherewith to empty Mens Purses, and to advance their own Greatness; and so that Sacred Ordinance of God, by their perverting of it, becomes contemptible to all Men, and is seldom or never used against notorious Offenders, who for the most part are their Favourites.
- 25. Yea further, The Pride and Ambition of the Prelates being boundless, unwilling to be subject either to Man or Laws, they claim their Office and Jurisdiction to be Jure Divino, exercise Ecclesiastical Authority in their own Names and Rights, and under their own Seals, and take upon them temporal Dignities, Places and Offices in the Commonwealth, that they may sway both Swords.
- 26. Whence follows the taking Commissions in their own Courts and Consistories, and where else they fit in Matters determinable of Right at Common Law the putting of Ministers upon Parishes without the Patron's and Peoples Consent.
- 27. The imposing of Oaths of various and trivial Articles yearly upon Church wardens and Sidesmen, which they cannot take without Perjury, unless they fall at Jars continually with their Ministers and Neighbours, and wholly neglect their own Calling.
- 28. The exercising of the Oath Ex Officio, and other Proceedings by way of Inquisition, reaching even to Mens Thoughts; the apprehending and detaining of Men by Pursuivants, the frequent suspending and depriving of Ministers, Fining and Imprisoning of all Sorts of People, breaking up of Mens Houses and Studies, taking away Mens Books, Letters, and other Writings, seizing upon their Estates, removing them from their Callings, separating between them and their Wives against both their Wills, the rejecting of Prohibitions with Threatnings, and the doing of many other Outrages, to the utter infringing the Laws of the Realm and the Subjects Liberties, and ruining of them and their Families; and of later time, the Judges of the Land are so awed with the Power and Greatness of the Prelates, and other ways promoted, that neither Prohibition, Habeas Corpus, nor any other lawful Remedy can be had, or take place, for the distressed Subjects in most Cases; only Papists, Jesuits, Priests, and such others as propagate Popery or Arminianism, are countenanced, spared, and have much Liberty. And from hence followed, amongst others, these dangerous Consequences:
First, The general Hope and Expectation of the Romish Party, that their superstitious Religion will e're long be fully planted in this Kingdom again; and so they are encouraged to persist therein, and to practice the same openly in divers Places, to the high Dishonour of God, and contrary to the Laws of the Realm.
2. The Discouragement and Destruction of all good Subjects, of whom are Multitudes, both Clothiers, Merchants and others, who being deprived of their Ministers, and overburthened with these Pressures, have departed the Kingdom to Holland, and other Parts, and have drawn with them a great Manufacture of Cloth, and Trading, out of the Land into other Places where they reside, whereby Wool, the great Staple of the Kingdom, is become of small Value, and vends not: Trading is decayed, many poor People want Work, Seamen lose Employment, and the whole Land is much impoverished, to the great Dishonour of this Kingdom, and Blemishment to the Government thereof.
3. The present Wars and Commotions happen'd between his Majesty and his Subjects of Scotland, wherein his Majesty, and all his Kingdoms, are endanger'd and suffer greatly, and are like to become a Prey to the Common Enemy, in case the Wars go on; which we exceedingly fear will not only go on, but also increase to an utter Ruin of all, unless the Prelates, with their Dependencies, be removed out of England, and also they and their Practices, who, as we under your Honour Favours do verily believe and conceive, have occasioned the Quarrel.
All which We humbly refer to the Consideration of this Honourable Assembly, desring the Lord of Heaven to direct you in the right way to redress all these Evil.
London Petition against Bishops; The Roll of Names to be sealed up.
Resolved upon the Question, That there shall be a Day certain set down for the debating of the Petition now read and presented from many of the Inhabitants in and about London. That this Debate shall be on Thursday next. That the Roll of Names brought in with this Petition shall be sealed with Mr. Speaker's Seal, and the Two Aldermen's of the City of London, and be kept in Mr.Speaker's Hand till the House shall further order it; that the Members of the House may have Copies of this Petition, and none else.
Committee for Subsidies.
'Tis ordered to take into Consideration the providing and sending down of the rest of the Money intended for the Relief of the King's Army, and the Northern Counties, to-morrow Morning at Nine of the Clock; and the Committee for the Bill of Subsidies is to meet this Afternoon.
Mr. Pargeter's Petition.
The Petition preferred by Mr.Pargeter of Northamptonshire, was by Order deliver'd to Mr.Knightley.
The Committee to prepare the Charge against the Lord-Keeper now sine die, is to meet this Afternoon.
Decemb. 12. Okebampton petition.
Saturday, Decemb. 12. The Petition of the Mayor and Burgesses of Okebampton, in the County of Devon, referred to the Committee for Privileges to peruse the Records, and to certify their Opinions.
Tuesday Morning is appointed for those that have Bills of Naturalization, to come to be sworn.
Mr. Mallery have leave to go into the Country.
Upon Sir Guy Palmes his Motion, the House granted leave to Young Mr. Mallory to go into the Country for a time, being employed about His Majesty's Affairs, and some Occasions of his own necessitating him.
- Sir Tbo. Widdrington,
- Mr. Rolls,
- Sir Peter Hayman,
- Mr. Vassall,
- Mr. Cage,
- Mr. Upton,
- Mr. Wingate,
- Sir Antbony Irby,
- Mr. Goodwin,
- Mr. Alston,
- Sir Edw. Ascough,
- Sir Christopher Wray,
- Mr. Owfield,
- Mr. Jane,
- Sir Rich. Buller.
To peruse all petitione.
This Committee, or any Four of them, are to peruse all Petitions that are come in, or to come in; and to peruse them to see what Petitions are fit to be received, and to what Committee they are fit to be referred, and to report the same to this Honse, and to meet in the Committee-Chamber at Two of the Clock this Afternoon.
No Leave till a full House.
No Leave for any Member to go into the Country till a full House, and Mr. Speaker to put the House in mind thereof.
Ordered, That the old Sheriff of Berks shall, if he have not received his Discharge, execute the Writ for Election of Burgesses for Windsor forthwith.
Bill read for the Queen's Jointure.
A Bill for Confirmation of a Joynture made to the most Excellent Princess Henrietta Maria, Queen of England, &c. read the first time.
Mr. Speaker is desired to come early on Tuesday Morning, and to move the House for a second reading of the Bill for the Queen's Joyn ture.
Mr. Treasurer and Captain Rainsborow are to present unto His Majesty, that there are Ten Turkish Pirates, as this House is informed, upon the Western Coasts, and humbly to move His Majesty, that two of His Majesty's Ships now riding in the Downs, may forthwith be sent to scower the Seas, and secure the Merchants.
Army and Garison.
Mr. Treasurer is added to the Committee that is appointed to consider of the State of the King's Army; and this Committee is to take into consideration the Condition of the Garison Towns, and what Payments are fit to be made to the Soldiers there, to consider of the proportioning of the residue of the Moneys that are to go down to the North, and to confider of the Exposition of the Words, justly suspected, in the Order of this House, concerning Recusants that have Office in the Army.
Alex. Huish & al' Delinquents.
Ordered, That Alexander Huish Parson of Beckington, Henry Anketil Parson of Wells, Richard Earl Parson of Henington, complained of in a Petition exhibited by the Inhabitants of the Parish of Beckington, in the County of Somerset, for Innovations in the Church, &c. be forthwith sent for as Delinquents by the Serjeant at Arms attending in this House.
Committee for the Bishop of Bath and Wells.
- Sir John Stoel,
- Sir Ralph Hopton,
- Mr. Asbe,
- Sir Edw. Askew,
- Mr. Pym,
- Mr. Hatcher,
- Sir Edw. Mountford,
- Mr. White,
- Sir John Strangeways,
- Mr. Hyde,
- Sir William Brereton,
- Mr. Waller,
- Mr. Trensbard,
- Mr. Strode,
- Sir Tbo. Hutcbinson,
- Mr. King,
- Sir Tbo. Middleton,
- Mr. Goodwin,
- Mr. Wheeler,
- Mr. Fienes,
- Mr. Spurstow,
- Sir William Litton,
- Sir Robert Harley,
- Sir John Curson,
- Sir Fames Thynn,
- Mr. Cage,
- Sir Edw. Asbe,
- Mr. Hampden,
- Mr. Grantbam,
- The Knights and Burgesses of Somerset.
Petition of Beckington in Somersetshire.
This Committee is take into consideration the Petition exhibited by the Inhabitants of the Parish of Beckington, in the County of Somerset and to receive all Petitions that concern the Bishop of Bath and Wells, and to present the State of the Business to the House, and has Power to send for Parties, Witnesses, Papers, Records, or any Thing else that may conduce to the Business. And are to meet on Tuesday at Two of the Clock in the Exchequer-Court. The Petition from the County of Somerset now with the Committee of Twenty-Four, is to be removed thence, and referred by Order to this Committee.
The Petition of the Inhabitants of the Town and Parish of Chalfort St.Peter in the County of Bucks, is referred to the Committee for the Bishop of Bath and Wells.
Concerning Lord Lieutenants, &c.
Monday, Decemb. 14. 1640.
- Mr. Glynn,
- Mr. Palmer,
- Mr. Selden,
- Mr. Whistler,
- Mr. St. John,
- Sir Tbo. Widrington,
- Mr. Meynard,
- Mr. Coke,
- Mr. Sollicitor,
- Mr. Grimston,
- Mr. Pym,
- Sir Peter Temple,
- Mr. Nath, Fienes,
- Sir Gervas Cliston,
- Sir Nevil Poole,
- Mr. Noell,
- Sir Arth. Haslerigge,
- Lord Ruthyn,
- Sir Guy Palmes,
- Sir Walt. Earle,
- Mr. Bagsbaw,
- Sir William Litton,
- Sir Peter Hayman,
- Sir Hen. Anderson,
- Sir John Strangeways,
- Sir Oliver Luke,
- Mr. Ashburnbam,
- Sir Tbo. Barrington,
- Mr. Sutton,
- Sir Gilbert Gerrard,
- Sir Fra. Seymor,
- Mr. Capel,
- Mr. Cage,
- Mr. Hampden,
- Sir John Hotham,
- Sir John Evelyn,
- Sir Edw. Deering,
- Sir Alex. Denton,
- Sir Amb. Brown,
- Sir Simon d' Ewes,
- Sir Tbo. Rowyer,
- Lord Digby,
- Mr. Kirton,
- Sir Hugh Cholmley,
- Sir Philip Stapleton,
- Sir Cbristopber Wray,
- Sir Antho. Irby,
- Sir John Wray,
- Sir Henry Herbert.
A Committee concerning Lord Lieutenants, and Deputy Lieutenants.
And all that will come, are to have Voices at this Committee. who have Power to examine the Misdemeanors of the Lieutenants, and Deputy Lieutenants, and other Inferior Officers, of all Counties, and all others employed under them, and are to consider of the Assessing, Levying, Collecting, and taking of Coat and Conduct-Money, and all other Levies of Monies contrary to Law, and are to consider of the Misdemeanors of the Clerk of the Peace, and are to prepare a Bill for the Regulating of the Actions of Lord Lieutenants, and Deputy-Lieutenants, and for the Rating, Levying, and Assessing of the Arms of the Kingdom; And has Power to send for Parties, Witnesses, Papers, Records, or any Thing else that may conduce to the Business, and to Assign and hear Council. The Petition of Francis Haslewood, Efq;, and Three other Petitions delivered with it, and the Petition on of the Mayor and Aldermen of the City of Norwich, are referred to this Committee, and they have Power to receive all Petitions of the like Nature, and are to meet to Morrow in the Afternoon at Two of the Clock, in the Dutchy Court.
King's Revenue to be debated, if the King give leave.
Mr. Treasurer is intreated to acquaint His Majesty, with the great Care and Affection of this House, to advance, and settle His Majesty's Revenue; and for that Purpose do humbly desire His Majesty that he will give them leave to enter into Debate of His Majesty's Revenue, and Expenses.
The further Debate of the New Canons is deferred till to Morrow Morning Nine of the Clock peremptorily, for all that will speak unto them, and Mr. Speaker is to put the House in mine of this Order.
Lord Keeper Finch, and the Judges.
Ordered, That the Select Committee appointed to prepare the Charge against the Lord Keeper, and the Judges, shall have Power to treat of, and examine all Matters whatsoever that shall come before them concerning the Lord Keeper and the Judges: They have Power likewise to send some of their Members to examine the Judges, or any others, concerning this Business.
Tuesday, Decemb. 15 The Humble Petition of William Bullock Read.
Bullock required to attend his Cause here.
Ordered, That Mr. Bullock, who is required to attend the Grand Committee for Trade this Afternoon upon a Cause depending here; and likewise required by an Order in Chancery, to attend the Lord Keeper in the same Cause, as by the Petition appears, at the same Time, shall attend his Cause depending here, and be dispensed with from his attending the Lord Keeper, till his Cause be ended here; and that he shall not be prejudiced by ano Order made in the same Cause by the Lord Keeper during his necessary Attendance here.
Sir William Pennyman.
Ordered, That the Business concerning Sir William Pennyman, and the Levying of Moneys by Musqueteers, by referred to the Committee for Deputy Lieutenants, to be the next Cause after Leicestersbire Cause.
Captain Ralph Toward Delinquent.
Ordered, That Captain Toward, an Officer in Sir William Pennyman's Regiment, informed against in this House for Levying of Monies by Musqueteers, by forthwith sent for as a Delinquent, by the Serjeant at Arms attending on this House.
Moyser & Malewerer, about Kinghthood Money.
The Petition of James Maleverer of Arnecliss in the Country of York and of — Moyser, Esquire, complaining of the Judges in the Exchequer for their Proceedings against them in the Case of Kinighthood, Read, but nothing further done therein at this Time.
Then the House proceeded to take into consideration the Proceedings in the last Convocation, and the New Canons there made, touching which there were made the following Speeches.