Monday the 1st of March. Usury.
A Bill brought in against excessive Usury, allowing only 6l. per Cent. to them that lend, and 12d. to the Clerk or Scrivener for the Bond; and if any take more, such Clerk or Scrivener to forfeit 20l. &c.
A Petition delivered to the House, from some of the Lords and Gentry of the County of Cambridge, complaining of, and disowning a former Address from that County against Episcopacy.
Dr. Chaffin for Words.
Dr. Chaffin was brought to the Bar, for certain Words delivered at a Visitation Sermon at Salisbury, as reflective and scandalous upon Parliaments. He endeavoured to put the fairest Interpretation upon them; and being ordered to withdraw, the Question being put, Whether he should be sent to the Tower, it was carried in the Negative by one Voice only; and so, having received a Reprimand from the Speaker, and enjoin'd to make a publick Explanation of the Words in a Sermon, in the Cathedral in Sarum, he was discharged.
- Mr. Hambden,
- Mr. Hollis,
- Mr. Maynard,
- Mr. Potts,
- Sir Gilbert Gerrard,
- Sir John Culpepper,
- Mr. Hatcher,
- Sir Tho. Barrington,
- Mr. Reynolds,
- Mr. Sollicitor,
- Mr. Selden,
- Mr. Whistler,
- Mr. King,
- Mr. Rigby,
- Mr. Whitehead,
- Sir Tho. Widdrington,
- Mr. Bagshaw,
- Mr. Moore,
- Sir Arthur Haslerigg,
- Sir Simon d' Ewes,
- Mr. Vaugham,
Sir Edward Hungerford,
Clergy to be out of the Commission of Peace.
Are appointed a Committee, to consider of several Protections granted to Popish Recusants, and also to prepare Reasons to be offered to the Lords at a Conference to be desired, about putting all Clergymen in England
and Wales out of the Commission of the Peace, and to consider of the Names of fit Persons to be put in their room in every County.
City to lend 100000 l.
Alderman Pennington intimates to the House the Inclination of the City to lend 100000 l. for speedy Supply of the present Exigencies, upon the Security of the two Subsidies last voted, for the Relief of the Northern Parts. The House declares the same to be an acceptable Service; and Members are employed to the City for that Purpose.
March 2. Dr. Bastwick.
The House re-assumed the Debate concerning Dr. Bastwick; and Resolved, That the Archbishop of Canterbury, and all those that voted against Dr. Bastwick in the Star-Chamber, shall make him satisfaction for the Damages sustained by that Sentence.
Ordered, That it be referred to a Committee to prepare a Bill, and therein to consider how far the Heirs and Executors of such as are or have been in Judicial or Ministerial Places, since the First Year of King Charles, that have or shall do wrong to the Commonwealth, by Extortion, Opperssion, or Injustice, shall be liable to make Reparations to the Parties grieved.
Ordered, That no private Petitions for a Fortnight, shall be read in the House; and that the Chairmen of all the several Committees, shall have Power to receive such Petitions as shall be concerning the Matters to them respectively referred.
A Bill for prohibiting of foreign Cards to be brought into the Kingdom, read the first time.
Ordered, That those Members that lent Money, be paid out of the Four Subsidies; and those that first pay ready Money, or give Bond whereby ready Money may be had, shall be first secured. Furthermore, the House declared, That this voluntary Grant and Engagement of any of their Members for providing of Money, shall be no Precedent for future Times; requiring that this their Declaration be entred of Record in the Parliament Rolls, and in the Chancery, as in like Cases hath formerly been used.
Ordered, That after 50000 l. is paid to Sir Will. Udall, for to supply his Majesty's Army; then 25000 l. shall be paid to such as the Scots Commissioners shall appoint, towards the Relief of their Army.
The Patent for making of Salt-Petre and Gunpowder, was voted illegal; and the House declared, That any might make Salt-Petre and Gun-Powder, and sell the same.
Sir John Lamb was brought upon his Knees at the Commons-Bar, for Levying-Money on People for setting up of Organs.
Also a Complaint was made against Dr. Cosins, for causing 2000 l. to be spent in setting up of Images, and other Innovations, in the Cathedral of Durham; providing an holy consecrated Knife, kept on purpose to cut the Communion-Bread.
The Earl of Warwick is appinted by the Scots Commissioners, to receive the 25000 l. allowed them.
The Committee concerning the Earl of Strafford, made a Report to the House, That they thought fit to manage and maintain their Accusation of High Treason against him; and not to put in any particular Replication to his Answer, for avoiding loss of Time, but to call him speedily to his Tryal.
March 5. Friga against the Turks.
Upon a Complaint of several late Depredations by the Turks, a Message was this Day sent to his Majesty, humbly to desire that Six Frigats might be forthwith put out to Sea, to scour the Coasts, and secure the Merchants against them; which the King was pleased to grant; only whereas the Commons in their Message had desired, That Liberty might be given to Adventurers, to set forth Ships at their own Charges, and to take what Turkish
Prizes they could, without giving any account to the King, or Lord Admiral; his Majesty would have the last Words altered to these: Without paying any Duty to the King, or Lord Admiral, leaving the Parties free to dispose of Men, Goods, and Ships, to their best Advantage.
At this time in the House of Lords, the Lord Andover made a Motion against the Court of Star-Chamber, in the brisk Speech following.
The Lord Andover's Speech against the Star-Chamber.
Since your Lordships have already looked so far into Privileges of Peers, as to make a strict Inquisition upon foreign Honours, let us not destroy that among our selves, which we desire to preserve from Strangers.
And if this Grievance I shall move against, have slept till now, it is very considerable, lest Custom make it every Day more apparent than other. Your Lordships very well know, that there was a Statute framed, 3 Hen. 7. authorizing the Chancellor, Treasurer, and Privy-Seal, and the two Chief Justices, calling to them one Bishop and a Temporal Lord of the King's Council, to receive Complaints upon Bill or Information, and cite such Parties to appear, as stand accused of any Misdemeanor; and this was the Infancy of the Star-Chamber: But afterwards the Star-Chamber was, by Cardinal Wolsey, 8 Hen, 8. raised to Man's Estate; from whence (being now altogether unlimitted) it is grown a Monster and will hourly produce worse Effects, unless it be reduced by that Hand which laid the Foundation: For the Statutes that are ratified by Parliament admit of no other than a Repeal.
Therefore I offer humbly unto your Lordships these ensuing Reasons, why it should be repealed.
First, The very Words of the Statute clearly shew, that it was a needless Institution; for it says, They who are to judge, can proceed with no Delinquent otherwise than if he were convicted of the same Crime by due Process of Law.
And do your Lordships hold this a rational Court, that sends us to the Law, and calls us to the Law, and calls us back from it again?
Secondly, Divers Judicatories confound one another; Et in pessima Republica plurimae Leges.
The Third Reason is from Circumstance, or rather à Consuetudine; and of this there are many Examples, both Domestick and Foreign; but more particularly by the Parliaments of France, abbreviated into a standing Committeee by Philip the King, and continued according to his Institution, until Lewis XI. came to the Crown; who being a subtle Prince, buried the Volume in Epitome: For to this Day, whenever the three Estates are called, either at the Death of the Old King, or to Crown the New, it is a common Proverb, Allons voire le seu des Estats: My Lords, Arbitrarary Judgments destroy the Common Laws, and in them the two great Charters of the Kingdom; which being once lost, we have nothing left but the Name of Liberty.
Then the Last Reason is, (though it was the first cause of my standing up) The great Eclipse it hath ever been to the whole Nobility; For who are so frequently vexed there, as Peers and Noblemen? And notwithstanding their Appeal to this Assembly is ever good. whilst that famous Law of 4 Edw. 3. remains in force, for the holding of a Parliament once a Year, or more, if occasion require; yet who durst a Year ago mention such a Statute, without the incurring the Danger of Mr. Kilvert 's Persecution? Therefore I shall humbly move your Lordships, That a select Committee, of a few, may be named, to consider of the Act of Parliament it self; and if they shall think it of as great Prejudice as I do, that then the House of Commons, in the most usual manner, may be made acquainted with it, either by Bill or Conference, who also haply think it a Burden to the Subject; and so when the whole Body of Parliament shall join in one Supplication, I am confident his Majesty will desire that nothing shall remain in force, which his People do not willingly obey.
Another Speech of the Same Nobleman, touching the Treaty with the Scots.
The Lord Andover's Speech about the Treaty with the Scots.
I Did lately move your Lordships, that the Breach of the Pacification might be speedily reviewed, as the Unum necessarium; and truly my Opinion at the time, is yet nothing altered; although upon better Thoughts (methinks) it would first be known who did actually engage us in these fruitless Dissentions, and so derive the Mischief from some Original; for, my Lords, the Kingdom cannot now long stand at gaze, or undergo new Burthens.
Wherefore what is to be done (if you intend it should prosper) must presently receive Life from the whole People, otherwise we shall expire in a Dream; and when the Success, differs from Expectation, it is not enough to cry, quod non putaram ? My Lords, the Wiseman says, There is a proper season for all things under the Sun; and we often find the Experiment in Natural Bodies, which are voluntarily weakend to recover Strength, yet with a restriction of such Bounds and Limit, as the Physician prescribes himself: And truly, I think it is your Lordships Case at this Point, either to consider what should further be done, than is already, or else how to get out of those Labyrinths we now are in, left the Words of the Psalmist come home to our selves, Vendidisti populum sine pretio.
My Lords, I am confident the House of Commons doth throughly see, both into the Prejudice and vast Expence that these two Armies lay upon the Land; and undoubtedly so many Gentlemen of Worth, as fit there, will have tender Eyes upon the Common-weal: It will therefore become your Lordships to second them in your way; and whilst they apply to publick Wounds, the Care of this House may search the Intestines: For if they be not cleansed, it will be but a supersicial Cure, and break our again.
My Lords, It seems the Earl of Strafford, and the Archbishop of Canterbury, have gone the Highways of Iniquity, and every one knows how to trace them; but Mines under-ground are most considerable, which (unless they be likewise found out) may at any time spring and supplant the whole Fabrick of all our Labours. Let us then examine this fantastick War ab initio, left as the Duke of Burgundy made a few Sheep Skins the cause of his Quarrel, so we shall find those Sheers of Paper, sent under the Name of a Liturgy and Book of Canons, were but the Mopsis of the Story, to divert our Eyes from the main Design.
Therefore my humble Motion shall be for a selected Committee of no great Number, who may have Power from the House to begin ab origine Mali; revise every Man's Negotiations, who was either an Actor or Counsellor since the first appearance of those Troubles in Scotland; and that they may examine the Scotish Council upon such Articles, as the heavy Pressure of this Kingdom, shall upon common Same administer unto them.
Saturday, March 6. Scots.
Mr. Hide reports the Papers delivered by the Scots Commissioners, for removing of the Garisons, and demolishing the Fortifications of Berwick and Carlisle; and that the Upper House having taken the same into consideration, and being inclined, that when a firm and settled Peace shall be established, all Things be reciprocally reduced unto the same Terms as before the late Troubles: Therefore that all Things may be settled, that may conduce to a firm Peace, with the least loss of time that may be (for the Charge that will necessarily follow, is such as this Kingdom cannot bear) their Lordships thought fit that the English Commissioners do move those of Scotland, to set down all their particular Heads and Demands at once together, and conclude the Eighth Article wholly, with all convenient speed, which they are instructed to propound, for confirming and establishing a perfect and speedy Peace: which being done, this Kingdom will speedily take into consideration the settling of all Things that may be for their Just Satisfaction, if the House of Commons shall concur herein.
To which the Commons agreed, and that a free Conference be desired with the Lords thereupon.
The Earl of Holland signified to the House of Lords, that the King had commanded him to let them know, That his Majesty understanding that the Forest-Laws are grievous to the Subjects of this Kingdom, his Majesty, out of his Grace and Goodness to his People, is willing to lay down all the new Bounds of his Forests in this Kingdom; and that they shall be reduced to the same Condition as they were before the late Justice Seat held.
The Charge against Dr. Cosins read.
Dr. Sibthorp 's Sentence dispensed withal, till the Assizes be over.
Resolved, That there shall be no particular Replication put in to the Earl of Strafford 's Answer in Writing; but the further Proceedings against him shall be, to aver the Charge of High Treason; and that he is guilty in such Manner and Form, as he stands accused and impeached: And that this House will be ready to prove their Charge against him, at such convenient Times as the Lords shall prefix, and intend to manage their Evidence by Members of their own.
Monday. March 8.
Ordered, That the Officers or Billeters of Soldiers, dead or run away shall be paid to the time of their Death or Departure: And Thirty Gentlemen of Yorkshire are to be joined to the Commissaries for mustering the Army; the whole to be mustered in one Day to prevent Frauds; and that the Earl of Crawford 's Troop of Reformado's, shall have Eleven Days Pay to discharge their Quarters.
The Articles against Dr. Cosins ordered to be engrossed.
March 9. Pluralists and Non-Residents.
It was this Day moved in the House, That there be a Bill drawn against such as have Pluralities of Livings, or are Non-Residents; and that no Minister have more than one Living; and if he that hath a Living shall absent himself Forty Days, he shall lose it: And that no University Man shall have a Living that is above Ten miles off, unless he live upon it; and that all Ministers that be scandalous in their Lives, or corrupt in their Doctrine, shall be put out.
Mr. Crew presents from the Committee for the Ministers Remonstrance three Heads for the Debate and Consideration of the House, viz. 1. Their secular Employments, by which is intended their Legislative and Judicial Power in Parliaments; their Judicial Power in the Star-Chamber, and Commissions for the Peace, and their Employment as Privy-Counsellon at the Council-Table, and Temporal Offices. 2. Their sole Power in Ecclesiastical Things, by which is intended Ordination and Censures. 3. The greatness of the Revenues of Deans and Chapters, and the little use of them, and the great Inconveniences thence arising.
The Cessation of Arms continued a Month longer, to commence from the 16th of March.
The House re-assuming the Debate touching the Ministers Remonstrance and proceeding upon the first of the three Heads recommended to consideration by that Committee, after a long Debate, came to these Votes:
Votes against the secular Employments of the Clergy.
Resolved upon the Question, That the Legislative and Judicial Power of Bishops in the House of Peers in Parliament, is a great hindrance to the discharge of their Spiritual Function, prejudicial to the Commonwealth, and fit to be taken away by Bill; and that a Bill be drawn to that Purpose.
That for Bishops, or any other Clergyman whatsoever, to be in the Commission of the Peace, or to have any Judicial Power in the Star-Chamber,
or in any Civil Court, is a great hindrance to the discharge of their Spiritual Function, prejudicial to the Common-wealth, and fit to be taken away by Bill; and that a Bill be brought in to that Purpose.
Dr. Bray sentenced for licensing Pocklington's Books.
This Day Dr. Bray was sent for to the Bar of the House of Lords, for having licensed Dr. Pocklington's Books, called, Sunday no Sabbath, and, Ahare Christianum.; who ingenuously acknowledging his Offence, and that he did not peruse and examine them with that Caution as he ought, but was sorrowful for his Error; and that he was now of a different Opinion concerning the Things in those Books, &c. He was thereupon by their Lordships sentenced to make a publick Recantation, in a Sermon on Sunday come Month next, in the Church at Westminster; and the Bishops of Durbam, Lincoln, and Carlisle, appointed to view his Sermon before he reaches it, and to judge whether it be sufficient for the Recantation indended: And the said Books to be publickly burnt, a Warrant being disected to the Sheriffs of London for that Purpose.
Friday, March 12.
Mr. Rigby reports the Case of Mr. Burton.
Mr. Burton's Case.
Resolved, That the Four Commissioners, Dr. Duck, Dr.Worral, Dr. ams, and Dr. Wood, proceeded unjustly and illegally, in suspending Mr. Burton ab Officio & Benesicio, for not appearing upon the Summons the first Process.
Secondly, That the breaking up Mr. Burton's House, and arresting his person without any Cause shewed, and before any Suit depended against him in the Star-Chamber, and his close Imprisonment thereupon, are against the Law and Liberty of the Subject.
Thirdly, That John Wragg hath offended, in searching and seizing the Books and Papers of Mr. Burton, by colour of a General Warrant dormant from the High Commissioners; and that the said Warrant is against Law, and the Liberty of the Subject; and that Serjeant Dendy and Alerman Abel have offended, in breaking open the House of Mr. Burton, and ought respectively to make him Reparations for the same.
Resolved, That Mr. Burton ought to have Reparation and Recompence, for Damages sustained by the aforesaid Proceedings from Dr. Duck, &c.
Resolved, That the Warrant from the Council Board, Dated at White all, Feb. 2. 1636, for the committing Mr. Burton close Prisoner, and the Commitment thereupon, is Illegal, and contrary to the Liberty of the subject.
Resolved, That the Archbishop of Canterbury, Bishop of London, and the Earl of Arundel, the Earl of Pembroke, Sir Henry Vane, Secretary Cooke, and Secretary Windebank, do make Reparation to Mr. Burton for his Damages sustained by his Imprisonment.
The Lords press hard to have the Tryal of the Earl of Strafford in their House: The Commons return Answer, That they impeaching the Earl, of Right may come as a House, but are resolved however to send their own Members as a Committee of the whole House.
Saturday, March 13.
A Complaint that the Northern Army was in disorder for want of Discipline by Martial Law; yet the Commons being tender to yield hereunto, no Order was made.
The Lords agree upon Westminster-Hall for the Place of Tryal, saving the Right of the House of Lords, and the King shall be acquainted with it.
Mr. Whitlock reports the King's Assent to the Tryal of the Earl in Westminster-Hall.
Monday March 15.
Mr.Rouse carries up the Impeachment against Dr. Cosins to the Lord where he spake as followeth:
Mr. Rouse his Speech at the reading the Articles against Dr. Cosins; as also the Articles exhibited against him.
I Am commanded by the House of Commons, to present to your Lordships Declaration and Impeachment against Dr. Cosins, and others, upon the Complaint of Mr. Peter Smart; which Mr. Smart was a Proto-Martyr, or first Compfessor of Note, in the late Days of Persecution. The whole Matter is a Tree, where of the Branches and Fruit are manifest in the Articles of this Declaration; which being read, I shall with your Lordships Favour discover and lay open the Root.
Then the Articles were read, thus:
Articles against Dr. Cosins.
- 1. That he was the first Man that caused the Communion-Table in the Church of Durham to be removed, and set Altar-wise in the Erecting and Beautifying whereof, he (being then Treasurer) pended 200 l.
- 2. That he used to officiate at the West-side thereof, turning his Bad to the People.
- 3. That he used extraordinary Bowing to it.
- 4. That he compelled others to do it, using Violence to the Persons of them that refused so to do: For instance, once some omitting it, he come out of his Seat, down to the Seat where they fate, being Gentlewomen called them Whores and Jades, and Pagans, and the like unseemly Word and rent some of their Cloaths.
- 5. That he converted divers Prayers in the Book of Common-Prayer into Hymns, to be sung in the Choir, and played with the Organ, contrary to the ancient Custom of that Church.
- 6. That whereas it had been formerly a Custom in that Church, at the end of every Sermon to sing a Psalm, this Custom, when Dr. Cosins came thither, was abrogated, and instead thereof they sung an Anthem in the Choir, there being no Psalm sung either at the Ministers going up in the Pulpit, or at his coming down.
- 7. That the first Candlemas-day at Night he had been in the Church, he caused three hundred Wax-Candles to be set up, and lighted In the Church at once, in Honour of our Lady, and placed threescore them upon and about the Altar.
- 8. That in this Church there were Reliques of divers Images, above which were remaining the Ruins of two Seraphims, with the Picture of Christ between them, erected in Queen Mary's time, in the time of Popery: All which, when Queen Elizabeth came to the Crown, were demolished by virtue of a Commission by her to that Intent granted; which so continued demolished from that time, till Dr. Cosins came to that Church; who being Treasurer, caused the same to be repaired, and most gloriously painted.
- 9. That all the time that he was unmarried, he wore a Cope of white Sattin, never officiating in any other, it being reserved solely for him, no Man except himself making use thereof, which after Marriage he cast of and never after wore.
- 10. That there was a Knife belonging to the Church, kept altogether in the Vestry, being put to none but holy Uses, as cutting the Bread in the Sacrament, and the like, Dr. Cosins refusing to cut the same with any other but that, thinking all others that were unconsecrated, polluted
but that which he putting Holiness in, never termed but the consecrated Knife.
- 11. That in a Sermon preached in that Church, he did deliver certain Words in disgrace of the Reformers of our Church: For Instance, the Words were these: The Reformers of this Church, when they abolished the Mass, took away all good Order; and instead of Reformation made it Deformation.
- 12. That he seldom or never, in any of his Sermons, stiled the Ministers of the Word and Sacraments, by any other Name than Priests, nor the Communication. Table by any other Name than Altar.
- 13. That by his Appointment there was a Cope bought, the Seller being convicted Jesuit, and afterwards employed in that Church, having upon the Picture of the invisible and incomprehensible Trinity.
- 14. That whereas it had been formerly a Custom in that Church, at five of the Clock to have Morning-Prayers read Winter and Summer; this Custom, when Dr. Cosins came thither, was abandoned, and instead thereof was used Singing, and playing on the Organs, and some few Prayers read, and this was called the first Service; which being ended, the people departed out of the Church, returning at Nine a Clock, and having then Morning-Prayers read unto them; and this was called Second service. Which Innovation being misliked and complained of by Mr. Justice Hutton, was reformed.
- 15. That he framed a superstitious Ceremony, in lighting the Tapers which were placed on the Altar, which for Instance was this: A Company of Boys that belonged to the Church, came in at the Choir Door, with torches in their Hands lighted, bowing towards the Altar at their first entrance, bowing thrice before they lighted their Tapers; having done, they withdrew themselves, bowing so ost as before; not once turning their back Parts towards the Altar, the Organs all the time going.
- 16. That he counselled some young Students of the University, to be omitators and Practisers of his superstitious Ceremonies; who to ingratiate themselves in his Favour did accordingly; and being afterwards reproved or the same, by some of their Friends, confessed that Dr. Cosins first induced them to that Practice, and encouraged them therein.
- 17. That he used upon Communion-Days to make the Sign of the Cross, with his Finger both upon the Seats whereon they were to sit, and he Cushions to kneel upon, using some Words when he so did.
- 18. That one Sabbath-day there was set up an unnecessary Company of Tapers and Lights in the Church; which Dr. Hunt being then Dean, fearing they might give Offence, being they were unnecessary, sent his Man to pull them down, who did so. But Dr. Cosins being threat aggrieved, came to the Fellow, and there miscalled him in most uncivil manner, and began to beat him in the publick view of the Congregation, to the great disturbance of the same.
- 19. That the Dean and Chapter of that Church, where Dr. Cosins was one, with many others, being invited to Dinner in the Town of Durbam, Dr. Cosins then and there spake Words derogating from the King's Prerogative. The Words were these: The King hath no more Power over the Church than the Boy that rubs my Horse-heels.
- 20. That there being many Canons of the said Church present at that time, amongst the rest there was one took more notice of his Words than the rest, and acquainted one of his Fellow-Canons with them when he came home: This Canon being a Friend to Dr. Cosins, told the Doctor that such a Man exclaimed of him, and charged him with Words that he should speak at such a time: The Doctor presently sends for him; and when he came
into the House, the Doctor desires him to follow him into an inner Room who did so: But as soon as he came in, the Doctor shuts the Door, and sets both his Hands upon him, calling him Rogue and Rascal, and many other Names: Insomuch, that the Man fearing he would do him Mischief cryed out. Mrs. Cosins coming in endeavoured to appease her Husband and holding his Hands, the other ran away.
- 21. That the Doctor did seek many unjust Ways to ensnare this Man that so he might take a just Occasion to put him out of his Place: But none of them taking Effect, he put him out by Violence, having other Reason why he did so, but because he had no good Voice, when he served the Place two Years before Dr. Cosins came thither: For instance of which unjust Ways to ensnare this Man, Doctor Cosins hited a Man and a Woman to pretend a desire of Matrimony, and to offer Sum of Money to this Petty-Canon to contract Matrimony between them in a private Chamber; so thereupon to take Advantage of his Revengne upon him.
Which Articles being read, Mr. Rouse proceeded thus:
I Am now to discover the Root of Mr. Smart's Persecution. Your Lord ships have heard of a great Design to bring in Popery; you have heard of Army of Soldiers, and particularly of the Popish Irish Army, the Burthen and complaint of the Commons. But there is another Army not so much spoken of, and that is an Army of Priests: For since Altars came in, so they delighted to be called. It is a Saying of Gregory the Great, That when Antichrist comes Praparatus est Exercitus Sacerdotum, there is an Army of Priests to receive him. This is fulfilled in our Time: For certainly this Army of Priests doth many Ways advance the Design and Plot of Popery. A first is by the subversion of our Laws and Government: Our Laws and Popery cannot stand together but either Popery must overthrow our Laws, or our Laws must overthrow Popery. But to overthrow our Laws, they must overthrow Parliaments; and to overthrow Parliaments they must overthrow Property; they must bring the Subjects Goods to be Arbitrarily disposed, that so there may be no need of Parliaments: This hath been done by Doctor Maynwaring, (whom we find wanting, yet not in the Seats, but at the Bar of the Lords House) and the like by Doctor Beale: And I think it was the Intention of the late Canons.
A second Way, by which this Army of Priests advanceth the Popish Design is the Way of Treaty. This hath been acted both by Writings and Conference. Sancta Clara himself faith, Doctissimi eorum quibuscum egi; So it seems they have had Conferences together: And Santa Clara, on his Part, labours to bring the Articles of our Church to Popery; and some of our Side strive to meet him in that Way. We have a Testimony, that the great Arch-Priest himself hath said, It were no hard matter to make a Reconciliation, if a wise Man had the handling of it. But I verily believe, that as the State of Papacy stands, far wiser Man than he cannot reconcile us without the loss of our Religion. For the Pope being fastened to has Errors, even by his Chair of In-etrability, he fits still unmov'd, and so we cannot meet, except we come wholly to him. A Man standeth in a Boat tyed to a Rock, when he draws the Rope, do not draw the Rock to the Boat, but the Boat to the Rock. And Sancta Clara doth (in this somewhat honestly) confess it; for he faith, that he dealt in the way of Treaty, not to draw the Church to the Protestants; but the Protestants is the Church.
A third Way is a Way of Violence; this Violence they exercise partly by Secular Arms, and partly by Priestly Arms, which they call Spiritual. For Secular Arms we have their own Confession, that the late War was Bellum Episcopabe. And we have the Papists Confession, that it was Bellum Papale; for in this Motives they say, That the War concerns them, not only as Subjects, but as Cathelicks; for so they falsly call themselves; and if it be so, then Bellum Episcopals
is also Bellum Papale: In the Episcopal War, the Papal Cause is advanced for the Spiritual Arms. Thus they come to execution.
When a great Man is coming, his Sumpters, his Furniture, his Provisions go before: The Pope's Furniture, Altars and Copes, Pictures and Images are come before; and (if we believe Doctor Cosins) the very Substance of the Mass; a certain Sign that the Pope was not far off. Now these Fore-runners being come, if any Man resist them, Fire comes out of the Brambles, and devours the Cedars of Lebanon; the Army of the Priests falls upon him with their Arms of Suspension, Sequestration, Excommunication, Degradation, and Deprivation. And by these Arms hath Mr. Smart been oppressed and undone: He falls upon their Superstitions and Innovations; and they fall upon him with their Arms they beat him down, yea they pull him up by the Roots, taking away all his Means of Maintenance and Living; yet they leave him Life to feel his Miseries. It a feriunt, ut diu se sentiat mori: There is no Cruelty to Priestly Cruelty:These are they that did put our Saviour to death: The Calling is Reverend, but the Corruption of it most pernicious; Corruptio optimi pessima. I know no reason of this Change, except it be that of the Apostle, because when they knew God they did not worship him as God, but made a God of the World, placing the Excellency of Priesthood in Worldly Pomp and Greatness, and gave the Glory of the Invisible God to Pictures, Images and Altars, therefore God gave them up to vile Affections, to be implacable, unmerciful, and without natural Affection. But whatsoever is the Cause of their Corruption, certainly their Arms have fallen heavily upon Mr. Smart; and Priestly Cruelty hath cast him into a long Misery; from which he could get no Release by any Priestly Mercy.
And now it is prayed, That as these Delinquents, by the cruel Oppressions Mr. Smart, have advanced the Cause of Popery, so they may in such a Degree of Justice be punished, that in them Priestly Cruelty, and the very Cause of Popery may appear to be punished, that in them Priestly Cruelty, and the very Cause of Popery may appear to be punished and suppressed; and that Mr. Smart, suffering for the Cause of Protestancy, may be so repaired, that in him pious Constancy, and the very Cause of Protestancy may appear to be righted and repaired.
March 16. Papishs to be removed from Court.
The Lords and Commons agree to Petition his Majesty for removal of Papists from Court; and particularly named Sir Kenelm Digby, Sir Toby Matthews, Sir John Winter, and Mr. Montague, as Persons very dangerous and obnoxious.
It was concluded, That the Tryal of the Earl of Strafford shall begin on Monday next in Westminster-Hall; and ordered that Scaffolds be erected there for that Purpose; the House of Commons to be there as a Committee of the whole House; the Earl to be allowed Council for Matter of Law; and the Lords to judge what is Matter of Law.
The Lords of the Great Council at York, for vindicating their own Honour, disclaim what is insinuated in the Earl of Strafford's Answer to the Seventeenth Article, of their having an Hand in imposing a Tax on his Majesty's Subjects in the Country of York to maintain the Trained Bands of that County, and the levying thereof by Force, and affirmed the same to be unjustly charged upon them.
March 19. Thanks for Petitioning for a Parliament.
By an Order of the House of Peers, the Petition of several of the Lords, presented to his Majesty at York for convening a Parliament, was brought in, and openly read; and Resolved, That for the Honour of the Lords Petitioners, their said Petition be recorded in the Journal of this House, with their Names thereunto; and that it be esteemed as the Act of this House; and this House doth give them Thanks for the same. Which was done accordingly; having received before the like Approbation and and Acknowledgment in the House of Commons.
Tonnage and Poundage.
The House of Commons fell upon the Consideration of the Payment of Tonnage and Poundage; and voted, That a Bill be brought in for the granting of Tonnage and Poundage to his Majesty for three Years.
An Information against Mr. Richard Perrot, for Words preached in a Sermon at Kingston upon Hull.
Ordered, That Mr. Treasurer, and Mr. Comptroller move his Majesty to grant a Commission to the Convocation to treat about the grantime of Subsidies by the Clergy.
No Proxies in case of Blood.
In the Lords House, the Committee, appointed to consider, Whether Proxies should be used in Cases of Blood; Report, That they are of Opinion, That those Lords that have Proxies of Lords absent, shall in this Case of the Earl of Strafford, forbear to make use of them, saving to them their Rights. Also they were of Opinion, That those that voted in the House of Commons, and are since made Peers, may vote as Judges here in this House in the same Case: And further desired, That the Bishops might shew Reasons why they should not likewise forbear giving Proxies in the said Cases.
Which being taken into Consideration, the House did order, That their Lordships do hold it fit, that for this time in this Case, those Lords that have Proxies shall make no use of them, saving to themselves the Rights of Peers. And the Bishops did declare, That they would not make any Procurator for themselves, with the like Salvo.
Most of this Day was spent by the Commons in Preparation for the Earl of Strafford's Tryal.
The Committee for Scandalous Ministers ordered to prepare a Bill against such Ministers, and to consider of Commissions to be sent down unto the several Counties to examine Scandalous Ministers.
The Bill for shortening Michaelmas Term Ingrossed.
Members appointed to attend at the Doors where they come in, at the Tryal of the Earl of Strafford, and the Serjeant at Arms to be Assistant.
That the House fit in the Afternoons, and meet at Two of the Clock.
Mr. John Craven lends 1000l. for the use of the Northern Parts.
Monday, March 22, Strafford's Tryal begins.
This Day began the Tryal of the Earl of Strafford in Westminster Hall, where the House of Commons were present from Day to Day whilst it lasted, as a Committee of the whole House, and only fat in the Commons House in the Afternoons; so that there was not for several Days much other Matter transacted.
The Author's Reference touching Strafford's Tryal.
For the Particulars of that famous Tryal (too redious here to be inserted) the Reader is referred to the Book in Folio thereof, sometime since published by the Author of these Collections, who was present during the whole Proceedings, and exactly took the same in Characters.
In the Afternoon, the Commons repairing to their House, took into further consideration the Business of the Ministers Remonstrance; and Resolved,
Clergy to have no Secular Employments.
- 1. That for Bishops, or any other Clergymen whatsoever, to have Employment a Privy-Counsellors at the Council-Table, or as private Officers, is an hindrance to the discharge of their Spiritual Function, and a Prejudice to the Commonwealth, and fit to be taken away by Bill, and that a Bill be brought in accordingly.
- 2. That the Committee for the Ministers Remonstrance shall have Power to hear all such Ministers as have desired to be heard upon that Point, of the sole Power of Bishops in Ordination and Censures, if they shall desire it, and to hear such others as they shall think fit.
The House ordered to meet to morrow in Westminster-Hall, and to sit at Two in the Afternoon.
March 23. Report from the Lords.
Post meridiem —Mr. Pierpoint Reports the Conference with the Lords and that they are ready to concur in what shall be for the Good of the Kingdom: And further reports,
Londoners will not lend Money.
That the Obstruction in the City to part with Money, is the Apprehension of unquiet and dangerous Times; yet that it cannot be conceived but that there is Money in the Kingdom, and City too, but Men keep up their Wealths to serve their Turns in Times of Danger; yet the Security upon the Act of Sunsidies might be a Credit to get Money, if the Treaty with the Scots may be concluded; and that the Lords will be ready to join with the House for the redress of Grievances.
March 24. Burton.
The Business of Mr. Burton coming again into consideration, it was Resolved, That the Sentence in the Star-Chamber against Mr. Burton is illegal, and without any just Ground, and ought to be reversed, and he ought to be freed from the Fine of 5000l. and Imprisonment imposed by the said Sentence, and to be restored to his Degrees taken in the University, Orders in the Ministry, and to his Ecclesiastical Benefice in Friday-street, London.
That the Order of the Council-board for transferring the said Mr. Burton, from the Castle of Lanceston to the Isle of Guernsey, and imprisoning him there, are against the Law and Liberty of the Subject. That the said Mr. Burton ought to have Reparation and Recompence for the Damages sustained by the said Imprisonment, loss of his Ears, and other Evils sustained by the said unjust and illegal Proceedings.
A Committee from both Houses, Six Lords and Twelve Commoners, sent into London to advance 100000l. upon the Credit and Security of the Subsidy-Bills.
1641. March 25. P. M.
These Days were taken up in the Tryal of the Earl of Strafford.
March 26, and 27, and Monday, 29. March 30. Gospel.
This Day three Bills were brought into the House of Commons, and read, viz.
A Bill for the more free Passage of the Gospel.
A Bill for reforming of the unlawful Acts of the Privy-Council, and the Court called the Star Chamber.
Privy-Council and Star-Chamber. Bishops and Clergy-men. March 31. No Money from the City.
A Bill to restrain Bishops, and others in Holy Orders, from intermeding with Secular Affairs.
Mr. Recorder reports, That he with others, had attended the City, but Money could be had; they were no constituted Body to any such purpose, nor able to make Laws for the lending of Money, they could a persuade, and not compel.
During this Month the Parliament of Ireland was sitting, where the Lord Chancellor of that Kingdom, and several Judges, were impeached by the Commons, and several Grievances voted to be transmitted to their committee in England, then attending his Majesty in order to obtain the same redressed.