Historical Collections of Private Passages of State: Volume 4, 1640-42. Originally published by D Browne, London, 1721.
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Saturday, Jan. 9. 1640–1.
The Bill for Subsidies was read again; and a Citizen questioned for Printing a Book, containing an Order of the House Concerning the setting up of Preaching Ministers in every Place, and the removing of scandalous ones; to which Order he had added divers Directions of his own; for which he was glad to submit himself, and so was acquitted.
Monday, Jan. 11.
The Petition of the Creditors of Childe the Scrivener was read in the House, and referred to a Committee to consider of it; and it was in tended that a Bill should be drawn for an Act to prevent such Fraud hereafter.
Divers Motions were made this Day concerning Sheriffs rigorous Proceedings in the Levying of Ship-Money; and it was moved, that there might be a Difference made between those that Levied according to the Writ, and those who proceeded according to Instructions, by imprisoning of Parties and Constables, and causing them to be sent for by Pursevants.
A Bill was put up in the House for a Parliament to be held once in. Three Years; and a Committee chosen for perfecting of it, that so it might be sent up to the Lords.
Tuesday, Jan. 12.
An Order was made, That Committees should sit till these Businesses were dispatched: 1.Concerning the Earl of Strafford. 2. The Arch-bishop of Canterbury. 3. The Canons. 4. The Lord Keeper. 5. Secretary Windebank. 6. The Bishop of Bath and Wells. 7. The Privilege of the Subject, and Breach of Privilege of Parliament. 8. The Proceedings of the Council-Table. 9. The King's Court of Honour. 10. Ship-Money, and the rigorous Levying of it. 11. Abuses of the Lord Lieutenant of Ireland. 12. The Town of Weymouth, concerning the restraining Salt, Soap, & 13. For frequent holding of Parliaments, a Bill being drawn already for one every Three Years. 14. The Committee for Religion. 15. Trade. 16. The Courts of Justice.
Order was taken with some of the Custom-House, for the Provision of 60000 Pounds within Eight Days now coming, and 20000 Pounds within Twenty Days after that.
Also this Day several Petitions were put into the House, in the behalf of Three Several Counties, concerning the Evils suffered by Reason of the government of Bishops.
For and on the behalf of the Country of Kent, this ensuing Petition was delivered.
To the Honourable Houses of Parliament now Assembled.
The Humble Petition of many of the Inhabitants within His Majesty's Country of KENT.
The Kentish Petition against Bishops
Most Humbly Shewing,
That by sad Experience we do daily find the Government of the Church of England, by Archbishops, Bishops, Deans and Arch-deacons, with their courts, Jurisdictions, and Administration by them and their Inferior Officers, to be very dangerous both to Church and Commonwealth; to be the Occasions of manifold Grievances unto his Majesty's Subjects in their Consciences, Liberties, and Estates, and likely to be fatal to us in the continuance thereof; the dangerous Effects of which Lordly Power in them, have often appeared in these Particulars following.
- 1. They do (with a hard Hand) over-rule all other Ministers, subjecting them to their cruel Authority.
- 2. They do suspend, punish, and deprive many godly, religious, and painful Ministers, upon flight or no Grounds: whilst in the mean time, few of them do preach the Word of God themselves, and that but seldom. but they do restrain the painful Preaching of Others, both for Lectures, and for Afternoon Sermons on the Sabbath Day.
- 3. They do countenance, and have of late encouraged Papists, Priests, and Arminian both books and Persons.
- 4. They hinder good and godly Books to be Printed; yet they do license to be published many Popish, Arminian, and other dangerous Tenents.
- 5. They have deformed our Churches with Popish Pictures; and suited them which Romish Altars.
- 6. They have of late extolled and commended much the Church of Rome, denying the Pope to be Antichrist; affirming the Church of Rome to be a true Church in fundamentals.
- 7. They have practised and enforced antiquated and obsolete Ceremonies, as standing at the Hymns, at Gloria patri, and turning to the East at several Parts of the Divine Service, bowing to the Altar, which they term the Place of God's Residence upon Earth; the reading of a Second Service at the Altar, and denying the Holy Sacrament of the Eucharist to such as have not come up to a new-set Rail before the Altar.
- 8. They have made and contrived illegal Canons and Constitutions, and framed a most pernicious and desperate Oath; an Oath of Covenant and Confederacy for their own Hierarchical Greatness, besides many others dangerous and pernicious Passages in the said Canons.
- 9. They do dispence with Plurality of Benefices; they do both prohibit and grant Marriages, neither of them by the Rule of Law or Conscience, but do prohibit that they may grant, and grant that they may have Money.
- 10. They have procured licentious Liberty for the Lords-day, but have pressed the strict Observation of Saints Holy-days, and do punish, suspend, degrade, deprive Godly Ministers for not Publishing a Book of Liberty of Sports on the Sabbath-day.
- 11. They do generally abuse the great ordinance of Excommunication, making sometimes a Gain of it, to the great discomfort of many poor Souls, who for want of Money, can get no Absolution.
- 12. They claim their Office and Jurisdiction to be Jure divino, and do exercise the same (contrary to Law) in their own Names, and under their own Seals.
- 13. They receive and take upon them Temporal Honours, Dignities, Places and Offices in the Commonwealth, as if it were lawful for them to use both Swords.
- 14. They take cognizance in their Courts and elsewhere, of Matters determinable at the Common Law.
- 15. They put Ministers upon Parishes, without the Patron, and without the Peoples Consent.
- 16. They do yearly impose Oaths upon Church-Wardens, to the most apparent danger of filling the Land with Perjury.
- 17. They do exercise Oaths ex Officio, in the Nature of an Inquisition, even into the Thoughts of Men.
- 18. They have apprehended Men by Pursevants, without Citation or Missives first sent: They break up Mens Houses and Studies, taking away what they please.
- 19. They do awe the Judges of the Land with their Greatness, to the inhibiting of Prohibitions, and hindring of Habeas Corpus when it is due.
- 20. They are strongly suspected to be confederate with the Roman Party in this Land, and with them to be Authors, Contrivers, or Consenters to the present Commotions in the North; and the rather, because of Contribution by the Clergy, and by the Papists in the last Year, 1639. and because of an ill-named Benevolence of fix Subsidies granted or intended to be granted this present Year 1640. thereby, and with these Monies to engage ( as much as in them lieth) the two Nations into Blood.
It is therefore humbly and earnestly prayed, That this Hierarchical Power may be totally abrogated, if the Wisdom of this Honourable House shall find that it cannot be maintained by God's Word, and to his Glory.
And we your Petitioners shall ever pray.
Londoners Petition concerning Ecclesiastical Governmentp.
Ordered, That the Londoners Petition, and those other Petitions that are already delivered in, or shall in the mean time be delivered concerning the Ecclesiastical Government, shall be read, and debated on Monday come seven-night. And Mr. Speaker is Ordered to put the House in mind of this Order at the same time.
Mr. Smart against three Doctors of the Civil-Law.
Ordered, That Dr. Easdale, Roger Blanchard, and Phineas Hodsoon Doctor in Divinity, shall shew Cause unto this House why they do not pay the Monies adjudged to be paid to Mr. Peter Smart, upon a judgment in the Kings-Bench, against the said Easdale, Hodson, and Blanchard, at the Suit of the said Peter Smart about Ten Years since.
The Accusations and Impeachment of John Lord Finch, Baron of Fordwich, Lord Keeper of the Great Seal of England, by the House of Commons.
Articles of Impeachment against Lord Keeper pinch, Jan. 14. 1640.
Imprimis, That the said John Lord Finch, Baron of Fordwich, Lord Keeper, &c. hath Traiterously and Wickedly endeavoured to subvert the Fundamental Laws and Established Government of the Realm of England, and instead thereof, to introduce an Arbitrary and Tyrannical Government against Law, which he hath declared by Traiterous and Wicked Words, Counsels, Opinions, Judgments, Practices, and Actions.
Vide the Relation of this, taken out of the King's Declaration in the Passage, Dec. 5. 1640.
- 2. That in pursuance of those his Traiterous and wicked Purposes, he did in the Third and Fourth Year of his Majesties Reign, or one of them, being then Speaker of the Commons House of Parliament, contrary to the Commands of the House then assembled and fitting, deny and hinder the reading of some things which the said House of Commons required to be read for the safety of the King and Kingdom, and preservation of the Religion of this Realm; and did forbid all the Members of the House to speak, and said, That if any did offer to speak, he would rise and go away, and said nothing should be then done in the House, and did offer to rise and go away; and did thereby and otherwise, in as much as in him lay, endeavour to subvert the ancient and undoubted Rights and Course of Parliaments.
- 3. That he being of his Majesty's Council at the Justice Seat held for the County of Essex, in the Month of October, in the Tenth Year of his now Majesty's Reign at Stratford Langton in the same County, being then of his Majesty's Council, in that Service did practice by unlawful means, to enlarge the Forest of that County, many Miles beyond the known Bounds thereof, as they had been enjoyed near 300 Years, contrary to the Law, and to the Charter of the Liberties of the Forest, and other Charters, and divers Acts of Parliament: And for effecting the same, did unlawfully cause and procure undue Returns to be made of Jurors. and great Numbers of other Persons who were unsworn, to be joined to them of the Jury, and threatned and awed the said Jurors to give a Verdict for the King, and by unlawful means did surprize the County, that they might not make Defence, and did use several menacing wicked Speeches and Actions, to the Jury and others, for obtaining his unjust Purpose aforesaid; and after a Verdict obtained for the King in the Month of April following (at which time the said Justice Seat was called by Adjournment) the said John Lord Finch, then Lord Chief Justice of his Majesty's Court of Common-Pleas, and one of the Judges Assistants for them, continued by futher unlawful and unjust Practices, to maintain and confirm the said Verdict and did then and there, being Assistant to the Justice in Eyre, advise the Refusal of Traverse offered by the County, and all their Evidences, but only what they should verbally deliver, which was refused accordingly.
- 4. That about the Month of November, 1635, he being then Lord Chief Justice of the Common-Pleas, and having taken an Oath for the due Administration of Justice to his Majesty's Liege People, according to the Laws and Statutes of this Realm, contrived an Opinion in hœc verba, (When the good and safety, &c.) and did subscribe his Names to that Opinion; and by Perswasions, Threats, and false Suggestions, did sollicit and procure Sir John Bramstone, Kt. then and now Lord Chief Justice of England; Sir Humphrey Davenport, Kt. Lord Chief Baron of his Majesty's Court of Exchequer; Sir Richard Hutton, Kt.late one of the Justices of his Majesty's Court of Common-Pleas; Sir John Denham, Kt. late one of the Barons of his Majesty's Court of Exchequer; Sir William Jones, Kt. late one of the Justices of the said Court of King's-Bench; Sir George crook, then and now one of the Judges of the said Court of King's-Bench; Sir Thomas Trevor, Kt. then and now one of the Barons of the Exchequer; SirGeorge Vernon, Kt. late one of the Justices of the said Court of Common-Pleas; Sir Robert Barkely, Kt. then and now one of the Justices of the said Court of King's-Bench; Sir Francis Crawely, Kt. then and now one of the Justices of the said Court of Common-Pleas; Sir Robert Barkley, Kt. then and now one of the Justices of the said Court of Common-pleas; Sir Rich.Weston, Kt. then and now one of the Barons of the said Court of Exchequer, some or one of them to subscribe with their Names the said Opinion presently; and enjoined them severally, some or one of them Secresy upon their Allegiance.
- 5. That he the Fifth of June, then being Lord Chief Justice of the said Court of Common-Pleas, subscribed an extrajudicial Opinion in Answer to Questions in a Letter from his Majesty, in bec verba, &c.
- And that he contrived the said Questions, and procured the said Letter from his Majesty; and whereas the said Justice Hutton, and Justice Crooke, declared to him their Opinions to the contrary, yet he required and pressed them to subscribe, upon his Promise that he would let his Majesty know the Truth of their Opinions, not withstanding such Subscriptions, which nevertheless he did not make known to his Majesty, but delivered the same to his Majesty as the Opinion of all the Judges.
- 6. That he being Lord Chief Justice of the said Court of Common-Pleas, delivered his Opinion in the Chequer-Chamber against Mr. Hampden in the case of ShipMoney; that he the said Mr. Hampden upon the Matter and Substance of the Case, was chargeable with the Money then in Question; a Copy of which Proceedings the Commons will deliver to your Lordships, and did sollicit and threaten the said Judges, some or one of them, to deliver their Opinions in like manner against Mr. Hampden; and after the said Baron Denham had delivered his Opinion for Mr. Hampden, the said Lord Finch repaired purposely to the said Baron Denham's Chamber in Serjeants-Inn in Fleetstreet, and after the said Mr. Baron Denham had declared and expressed his Opinion, urged him to retract the said Opinion, which he refusing, was threatned by the Lord Finch because he refused.
- 7. That he then being Lord Chief Justice of the Court of Common-Pleas, declared and published in the Exchequer-Chamber, and Western Circuit, where he went Judge, That the King's Right to Ship-Money, as aforesaid, was so inherent a Right to the Crown, as an Act of Parliament could not take it away; and with divers malicious Speeches inveighed against, and threatned all such as refused to pay Ship Money: All which Opinions contained in the Fourth, Fifth, and Sixth Atticles, are against the Law of the Realm, the Subjects Right of Property, and contrary to former Resolutions in Parliament, and to the Petition of Right; which said Resolutions, and Petition of Right, were well known to him, and Resolved and Eliacted in Parliament, when he was Speaker of the Commons House of Parliament.
- 8. That he being Lord Chief Justice of the Court of Common Pleas, did take the general Practice of that Court to his private Chamber; and that he sent Warrants into all or many Shires of England to several Men, as to Francis Giles of the County of Devon, Robert Benson of the County of york, Attorneys of that Court and to divers others, to release all Persons arrested on any Outlawry for about to Shillings Fees; whereas none by Law so arrested, can be bailed or released without Supersedeas under Seal or Reversal.
- 9. That he being Lord Chief Justice of the Court of Common-Pleas, upon a pretended Suit begun in Michaelmas-Term, in the 11th Year of his Majesty's Reign, altho' there was no Plaint or Declaration against him, did notoriously and contrary to all Law and Justice, by Threats, Menaces, and Imprisonment, compel Thomas Lawrence, an Executor, to pay 19 Pounds, 12 Shillings; and likewise caused Richard Bernard, being only Overseer of the last Will of that Testator, to be Arrested for the Payment of the said Money, contrary to the Advice of the rest of the Judges of that Court, and against the known and ordinary Course of Justice, and his said Oath and Knowledge; and denied his Majesty's Subjects the common and ordinary Justice of this Realm, as to Mr. Limerick and others; and for his private Benefit endamaged and ruined the Estates of very many of his Majesty's Subjects, contrary to his Oath and Knowledge.
- 10. That he being Lord-Keeper of the Great Seal of England, and sworn one of His Majesty's Privy-Council, did by false and malicious Slanders, labour to incense his Majesty against Parliaments, and did frame and advise the publishing the Declaration after the Dissolution of the last Parliament.
All which Treasons and Misdemeanors above-mentioned, were done and committed by the said John Lord Finch, Baron of Fordwich, Lord-Keeper of the Great Seal of England, and thereby he the aforesaid Finch hath Trayterously, and contrary to his Allegiance, laboured to lay Imputations and Scandals upon his Majesty's Government, and to allenate the Hearts of his Majesty's Liege-People from his Majesty, and to set a Division between them, and to ruin and destroy his Majesty's Reality of England; for which they do impeach him the said Lord Finch, Baron of Fordwich, Lord-Keeper of the Great Seal of England, of High-Treason against our So vereign Lord the King, his Crown and Dignity, of the Misdeameanors abovementioned. And the said Commons by Protestation saving to themselves the liberty of exhibiting at any time hereafter, and other Accusation or Impeachment against the said Lord Finch, and also of replying to the Answer, that the said John Lord Finch shall make unto the said Articles, or to any of them, and offering Proof of the Premisses, or any of their Impeachments or Accusations that shall be exhibited by them, as the Case shall according to the Course of Parliaments require, do pray That the said John Lord Finch, Baron of Fordwich, Lord-Keeper of the Great Seal of England, may be put to answer to all and every of the Premisses, and such Proceedings, Examinations, Tryals, and Judgements, may be upon every of them, had and used, as is agreeable to Law and Justice.
The Opinion mentioned in the 4th Article, with the Letter, Questions and Opinion related to in the 5th Article, are to be seen in our Second Part formerly Published.
Resolved upon the Question,
That these Articles thus read and engrossed, shall be sent up to the Lords, in maintenance of the Commons charge against John Lord Finch of Fordwich, late Lord-Keeper of the Great Seal of England.
Message concerning John Lord Finch.
Mr. Arthur Goodwin is appointed to go up with a Message to the Lords to desire a Conference with their Lordships, by a Committee of both Houses, concerning Articles to be delivered in maintenance of the Commons Accusation of John Lord Finch of Fordwich, late Lord-Keeper of the Great Seal of England, and concerning the Liberty and Property of the Subject.
Bishop of Ely.
Ordered, That the committee for the bishop of Ely, shall have Power to receive all complaints of Pressures and Enormities committed by or under the present Bishop of Norwich; but they are to proceed first with the Matters concerning the Bishop of Ely.
Delinquents discharg'd for Breach of Privilege.
Mr. Bany, Thomas Plenty, and John Carter, who were formerly by Order form this House sent for as Delinquents by the Serjeant at Arms attendant on this House, to answer the Contempts in arresting and causing to be arrested several of the Servants of Mr.Hollis, a Member of this House, during the time of Privilege of Parliament, were severally called in to the Bar, and kneeling there, and acknowledging their Offence, were, by Order of the House, made known unto them by Mr.Speaker, discharged from their Imprisonment, or any further Punishment.
At the Request of the Lord Faulkland, Mr. Hide is appointed to be assistant unto him, for the reading of the Articles to be delivered against the late Lord Keeper.
Mr. Goodwin brings Answer, That according to the Order of this House, he had delivered the Message to their Lordships; and their Lordships will give a meeting to Morrow Morning at Nine of the Clock, by a Committee of the whole House, as is desired.
Lord Faulkland 's SPEECH.
Lord Faukland's Speech after the reading the Articles against the Lord keeper Finch, Jan, 14. 1640.
These Articles against my Lord Finch being read, I may bold to apply that of the Poet, Nil resert tales versus quo voce legantur; and I doubt not but your Lordships must be of the same Opinions, of which the House of Commons appears to have been by the choice they have made of me, that the Charge I have brought is such, as needs no assistance from the Bringer, leaving not so much as a Colour for any Defence; including all possible Evidence, and all possible Aggravation, that Addition also excepted, which he also could make, and hath made, I mean his confession, included in his Flight.
Here are many and mighty Crimes, Crimes of Supererogation, (so that High-Treason is but a Part of his Charge) pursuing him servently in every several Condition, (being a silent Speaker, an unjust Judge, and an unconfcionable Keeper.) That his Life appears a perpetual Warfare, (by Mines, and by Battery, by Battel, and by Stratagem) against our Fundamental Laws, which by his own Confession, several Conquests had left untoucht; against the Excellent Constitution of this Kingdom, which hath made it appear unto Strangers rather an Idea, then a real Commonwealth, and produced the Honour and Happiness of this, to be a Wonder of every other Nation, and this with such unfortunate Success, that as he always intended to make out Ruins a Ground of his Advancement; so his Advancement the Means of our further Ruin.
After that, contrary to the End of his Place, and the End of that Meeting in which he held his place, he had as it were gagg'd the Commonwealth, taking away, (to his Power) all Power of Speech from that Body, of which he ought to have been the Month, and which alone can perfectly represent the condition of the People, whom that Body only represents; which it he had not done, in all probability, what so grave and Judicious an Assembly might have offered to the Consideration of so gracious and just a Prince, had ocasioned the redress of the Grievances they then suffered, and prevented those which they have since endured, according to the ancient Maxim of Odisse quos laseris; he pursued this Offence towards the Parliament, by inveighing against the Members, by scandalizing their Proceedings, by trampling upon their Acts and Declarations, by usurping and devolving the Right, by diminishing and abrogating the Power, both of that and other Parliaments, and making them (as much as in him lay) both useless and odious to His Majesty; and pursued his hatred to this Fountain of Justice, by corrupting the Streams of it, the Laws; and perverting the Conduit-Pipes, the Judges.
He practised the annihilating of Ancient and Notorious Perambulations of particular Forests, the better to prepare himself to annihilate the Ancient, and Notorious Perambulations of the whole Kingdom, the Meets and Bounders between the Liberties of the Subject, and Sovereign Power; he endeavoured to have all Tenures durante bene placito; to bring all Laws from his Majesties Courts, into his Majesties Breast; he gave our Goods to the King, our Lands to the Deer, our Liberties to his Sheriffs; so that there was no way by which we had not been opprest, and destroyed, if the Power of this Person had been equal with his Will: Or that the Will of his Majesty had been equal to his Power.
He not only by this Means made us liable to all the Effects of an Invasion from without, but (by destruction of our Liberties, which included the Destruction of our Propriety, which included the Destruction of our Industry) to the terriblest of all Invasions, that of Want and Poverty. So that if what he plotted had taken Root (and he made it as sure as his Declaration could make it (what himself was not) Parliament-Proof) in this wealthy and happy Kingdom, there could have been left no Abundance but of Grievances and Discontentment; no Satisfaction but amongst the Guilty. It is generally observed of the Plague, that the Infection of others, is an earnest and constant desire of all that are seized by it: and as this Design resembles that Disease, in the Ruin, Destruction, and Desolation it would have wrought; so it seems no less like it in this Effect: he having so laboured to make others share in that Guilt, that his Sollicitation was not only his Action, but his Works, making use both of his Authority, his Interest, and Importunity, to persuade; and in His Majesties Name (whose Piety is known to give that excellent Prerogative to his Person, that the Law gives to his Place, not to be able to do wrong) to threaten the rest of the Judges, to sign Opinions contrary to Law, to assign Answers contrary to their Opinions, to give Judgment which they ought not to have given, and to recant Judgment, when they had given it as they ought so that whosoever considers his Care of, and Concernment, both in the Growth and in the Immortality of this Project, cannot but by the same Way by which the wisest Judgment found the true Mother of the Child, discover him, not only to have been the Fosterer, but the Father of this most pernicious and envious Design.
I shall not need to observe, that this was plotted and pursued by an English-Man against England, (which increaseth the Crime in no less Degree than Parricide is beyond Murther) and this was done in the greatest Matter joyned to the greatest Bond, being against the greatest Liberty, and publick Propriety, by a sworn Judge (and if Salt it self become unsavoury, the Gospel it self hath design'd whither it must be cast) that he poysoned our very Antidotes, and turned our Guard into a Destruction, making Law the Ground of Illegality: that he used the Law not only against us, but against it self; making it, as I may say; Felo de se, making the Pretence, (for I can scarce say, the Appearance of it) so to contribute to the utter Ruin of it self.
I shall not need to say, that either this is (or can be) of the highest Kind, and in the highest Degree Parliamentary Treason, a Treason which needs not a computation of many several Actions, which alone were not Treason, to prove a Treason altogether, and by that Demonstration of the Intention, to make that formally Treason which were materially but a Misdemeanour. This is a Treason as well against the King, as against the Kingdom; for whatsoever is against the Whole, is undoubtedly against the Head, which takes from His Majesty the ground of his Rule, the Laws, (for if Foundations be destroyed, the Pinacles are most endangered) which takes from his Majesty the principal Honour of his Rule, the Ruling over Free-men, a Power as much Nobler than that over Villains, as that is than that over Beasts; which endeavoured to take from his Majesty the principal Support of his Rule, the Hearts and Affections of those over whom he rules ( a better and surer Wall to the King, than the Sea is to the Kingdom) and strengthen a mutual Distrust, and by that a mutual Disaffection between them, to hazard the Danger even of the Destruction of both.
I shall the less need to press this, because, as it were unreasonable in any Case to suspect your Justice, so here especially, where your Interest so nearly unites you; your great share in Possessions, giving you an equal Concernment in Propriety; the care and pains used by your Noble Ancestors in the founding and asserting of our Common Liberties, rendring the just Defence of them, your most proper and peculiar Inheritance, and both exciting to oppose and extirpate all such Designs as did introduce, and would have settled and Arbitrary, that is, an Intolerable Form of Government, and have made even your Lordships and your Posterity but Right Honourable Slaves.
I will spend no more Words, Luctando cum larva, in accusing the Ghost of a departed Person, whom his Crimes accuse more than I can do; and his Absence accuseth no less than his Crimes. Neither will I excuse the Length of what I have said, because I cannot add to an Excuse, without adding to the Fault; or my own Imperfections, either in the Matter or Manner of it, which I know must appear the greater, by being compared with that learned Gentleman's great Ability, who hath preceded me at this Time: I will only desire by the Command, and in the Behalf of the House of Commons, that these Proceedings against the Lord Finch, may be put in so speedy a Way of Dispatch, as in such Cases the Course of Parliament will allow.
Thursday, Jan. 14th.
Michaelmas Term; Judges.
A Bill for the Limitation and Abbreviation of Michaelmas Term, read the first time.
That the Committee for the Judges do sit this Afternoon till Two of the Clock, in the Dutchy Chamber.
Members thanked for transmitting to the Lords the several Charges, and Ship-Money.
Ordered, That Thanks be rendred from this House to Mr.St. Johns and Mr.Whitlock, the Lord Falkland, and Mr.Hide, for the great Service they have performed to the Honour of this House, and Good of the Commonwealth, in the transferring the Businesses of the Ship-money, and the other Matters concerning the Liberty and Property of the Subjects and the Articles against the late Lord Keeper.
Die Veneris Jan. 15.
Election, January 15.
Ordered, That the Business between Sir Francis Popham and Sir Edward Bainton, concerning the Election for the Town of Chippenbam in the County of Wilts, now depending before the Committee for Privileges, and by them Ordered to be heard on Thursday next, be put off till Thursday come Fortnight, in regard the Witnesses that are to be produced in the said Cause, live far off.
James Bove Salt Marshes.
A Bill for the Naturalizing of James Bove Merchant, and others.
A Bill declaring the Ancient and Common Law of the Land, concerning Salt-Marshes, Inned Ground, &c. read the first time.
Election for Bossiny.
The Business concerning the Election for Bossiny to stand as it does till after Thursday next, at which time the Committee for Privileges is to enter into the Consideration of it.
Depositions concerning the Earl of Strafford.
Ordered, That the Committee appointed to draw up the Charge against the Earl of Strafford, shall desire to have the Depositions that are yet Sealed up, delivered unto them, and may add and insert such particular Instances, and other Circumstances, as they in their Discretions shall think fit, to the several Articles delivered in Charge against the Earl of Strafford, according to the saving in the Conclusion of those Articles, and that they present the whole Matter to the House on Monday Morning next.
Raising of Money by the Voluntary Offer of Members.
Ordered, That the Business concerning the Raising of Monies by the voluntary Offers of the Members of this House, be resumed in the first Place to-morrow Morning.
To call a Common Council for raising of Money upon Security of the Sutsidies.
Ordered, That a Letter under Mr.Speaker 's Hand be directed to the Lord Mayor of London, to desire him to call a Common- Hall, and to propound unto the Citizens the great Occasions that are for the raising of 10000 l for the Service and Safety of the Commonwealth, and to desire their Assistance in this great Work; and to intimate unto them, That there shall be Provision in the Bill of Subsidies, which is now ready to pass, for the Security of their Money and Interest, in the like manner as it is provided for others that have advanced Monies in the same kind.
This Letter is to be perused by Sir John Culpeper, Mr. Hampden, and Mr. Pym, before it be sent to the Lord Mayor.
Committee for the King's Army.
Ordered, That the Committee last appointed for the King's Army, do meet this Afternoon at Two of the Clock in the Court of Wards; to consider of some Heads to be presented to the House to-morrow Morning, concerning the Business formerly committed unto them.
Resolved upon the Question, That the Bill of Subsidies shall be Read upon Monday Morning next.
Ordered, That Mr. Treasurer make Report of the Conference the 12th of January to-morrow Morning.
Committee for the ArchBishop of Canterbury. Saturday Jan. 16. Bedford and Sir Lewis Dives.
The Committee for the Lord of Canterbury, to be put off till Monday next at Two of the Clock in the Dutchy Chamber.
Ordered, That the several Petitions delivered this Day from the Knights, Esquires and Gentlemen of the County of Bedford, and the Petition this Day exhibited by Sir Lewis Dives, be referred to the Committee formerly appointed for a former Petition exhibited by Sir Lewis Dives to be considered of when the Committees shall be Reassumed.
Mr. Rich his Writings.
Ordered, That Samuel Rich Clerk, shall have all his Evidences; Deeds, and other Writings, delivered unto him by Mr.Constantine, that hath the Chair for that Business.
Bishop of Ely.
The Petition of John Ward, and Clement Wray, on the behalf of themselves, and about Fourscore others, was Read, and referred to the Committee for the Bishop of Ely, for them to make the best use of it they can in the preparing of his Charge; and the Committee is required to bring the Petition to the House on Monday come Seven-night.
Mr.Pym went up to the Lords with a Message to this Effect:
Examinations against the Earl of Strafford.
To desire their Lordships, That those Examinations which at the Request of this House, were taken in the Case of the Earl of Strafford by the Lords Deputed to that Purpose, may be delivered to the Committees of this House, appointed to draw up the Charge against the said Earl; that they may make use of them, for the enlarging of their Charge in Particularities of Evidences, according to the Clause of Reservation in the Conclusion of the said Charge; and likewise to make declaration, that howsoever by the Course of Parliaments, this House might proceed with the Charge in General; yet to avoid all scruples, and to bring the Business the sooner to a Conclusion, they do desire to proceed in this Way.
Commissioners for Subsidies.
The Names of the Commissioners for the Subsidies, are forthwith to be sent to the Clerk of the Petty-bag, to prepare the Commissions with all the Diligence and Speed he can.
Mr. Rouse Reports Mr.Foxley's Case.
Mr.Rouse Reports Mr.Foxleys Case; And upon that Report
It was Resolved upon the Question, That the Warrant made by Sir John Lambe and others, Commissioners for the apprehending of Mr.Foxley, and seizing his Papers, is Illegal and Unjust.
Resolved upon the Question, That the Warrant under the Hand of the Lord Archbishop of Canterbury, the Lord Coventry then Lord Keeper, the Lord Treasurer, Lord Privy Seal, Lord Cottington, and Secretary Windebanke, for the Committing of Mr.Foxley Close Prisoner, is Illegal.
Resolved upon the Question, That Mr. Foxley ought to be freed from the Restraint he lies under, by Colour of this Warrant.
Resolved upon the Question, That Mr. Foxley ought to have Reparations.
Ordered, That this Business concerning Mr. Foxley, be committed to the same Committee, to prepare it in a fit way for this House to transfer it to the Lords.
Mr. Foxley's Case to be Transferred.
To consider what Persons in Custody are to be Bailed.
This Committee, or any Three or Four of them, are to consider of the Causes of the Restraint of those that are in the Serjeants Custody; and to consider who are bailable, and to give Directions for their Bail; and the Serjeant is to attend the Committee at the same time, with the Names of those that are in his Custody, and the Orders upon which they are committed; and they are to meet this Afternoon at two of the Clock in the Court of Wards.
Mr.Pym brings an Answer from the Lords, That their Lordships will take the Message from this House concerning the Examinations against the Earl of Strafford, into serious Consideration, and send Answer by Messengers of their own.
Message about Examinations concerning the Earl of Strafford.
A Message from the Lords by Mr. Attorney, and Mr. Serjeant Glanvile.
'Their Lordships have taken the Message of this House into serious Consideration; and have given Order, That the Examinations taken by `the Lords deputed, concerning the Earl of Strafford 's Business, shall be `delivered to the Committee of this House, at such time, and in such `manner as this House shall desire.
Mr. Treasurer Reports the Conference on the 12th of January, about the Scots Demands.
Ordered, To take this Report now made by Mr. Treasurer, concerning the Demands of the Scots, into consideration at Nine of the Clock on Tuesday Morning.
Mr. Richard Herbert.
Mr.Richard Herbert has License to go and speak with Sir George Ratclisse, but with this Restriction, That he speak of nothing unto him but in the presence of his Keeper.
Sir Robert Pye.
Sir Robert Pye has leave to go and speak with him upon the same Restriction.
Ordered, That the Committee last appointed for the King's-Army, shall meet this Afternoon at Two of the Clock, to take into consideration the Things formerly committed unto them, and to present certain Heads of their Resolutions upon them to the House: They are likewise to present unto the House some fit way for a perfect Muster-Roll to be made of the King's Army; and how it may be settled in such Estate, that it may be useful and in a Posture of Defence; and of some way of keeping the Army from Disbanding, by giving them Credit in the Country, till Money can come down unto them.
Mr. Capell is added to this Committee.
An extravagant Conventicle referred to the Examination of the Lords.
The House of Lords were this Day informed by the Lord Privy Seal, of a Paper lately delivered to His Majesty, which he recommended to the Consideration and Justice of that House, being as followeth.
January 13. 1640.
Edmond Chillendon, Nicholas Tyne, John Webb, Richard Sturges, Thomas Gun, John Ellis, with at least 60 Persons more, were all taken on Sunday last in the Afternoon, in the time of Divine Service, by the Constable and Churchwardens of St. Saviours; where they said they met to Teach and Edify one another in christ. They being brought before Sir John Lenthal, be demanded why they would not go and resort to their Parise Church, according to the Law of the 35th. of Eliz. ? They answered, That the Law of the 35th of Q. Eliz. was not a true Law, for that it was made by the Bishops, and that they would not obey it: That they would not go to their Parish Churches, for that those Churches were not true Churches that there was no true Church but where the Faithful met. That the King could not make a perfect Law, for that he was not a perfect Man That they ought not to obey him, but in Civil Things; That some of them threatned the Church-wardens and Constables, That they had not yet answer'd for this Work.
Whereupon it was Ordered by their Lordships, That Sir John Lenthal do take care that the aforesaid Persons be forth-coming, and appear before the House on Monday Morning next, and likewise the Constable and Church-wardens, and whoever else can testify any Thing relating to this Business, are then likewise to attend.
And furthermore upon this Occasion, The Lords Spiritual and Temporal did then pass an Order:
Order of the Lords, That Divine Service be performed as by Law is appointed Jan. 16th.
'That Divine Service be performed, as it is appointed by the Acts of Parliament of this Realm; and that all such as shall disturb this whole some Order, shall be severely punish'd according to Law; and that the Parsons, Vicars and Curates in the several Parishes, shall forbear to introduce any Rites or Ceremonies that may give Offence, otherwise than those which are established by the Laws of the Land. And that this Westminster, Borough of Southwark, and Liberties.
Monday, January 18th; Preston Vicar of Rotherschorpe.
John Howes and Mark Howes are called in to testify to some particular Complaints in a Petition referred to this House, by the Inhabitants of Rotherschorpe, in the County of Northampton, against one Thomas Priston the Vicar of the said Town, who had spoken scandalous Words against the Parliament.
Ordered, That the said Thomas Preston be brought hither on Thursday Morning next to answer these Complaints.
Sir Ed. Coke his Manuscripts.
The Committee formerly appointed to make Search and Enquiry after the Books of Sir Edward Cooke, are to go and wait upon Sir Edward Littleton Lord Chief Justice of the Common-Pleas, for some of those Manuscripts were delivered unto him by Serjeant Finch, as this House was this Day informed.
Bill for Subsidies.
Resolved upon the Question, That the Bill for the Relief of His Majesty's Army, in one Clause of it shall be amended, and that Sir New Poole's Name shall be put out, and Henry Lord Gray of Rutbyn shall be put in his Place.
Time to pay Subsidies.
Whereas by an Order made the 23d of December, it was Ordered, That the Two first Subsidies shall be paid by the 10th of February next;
It is this Day Ordered, That that Order should be altered, and that the two first Subsidies shall be paid by the 10th of March next.
Resolved upon the Question, That the Towns of Dorchester and Lyme-Regis, in the County of Dorset, shall be left out of the Subsidy-Bill, according to the Paper-Book.
The Amendments to the Bill of Subsidies were twice read.
A Bill for the Relief of the Army, & c.
A Bill for the Relief of his Majesty's Army, and the Northern Part of the Kingdom, put to the Question, and upon the Question passed.
The Conventiclers in Southwark before-mentioned, being this Day brought before the House of Lords, according to the Order of that House, and being severally called in, did all deny the most material Words charged against them; but Sir John Lenthall and others justified the same upon Oath; whereupon their Lordships ordered, That the said Sectaries should receive for this Time an Admonition from this House, and be enjoined to repair for the future to the Parish Churches to hear Divine Service: To which Purpose the Order of the 16th. instant was read to them, and they were told, That if hereafter they did not Conform themselves thereunto, they should be severely punished.
Die Martis, Jan. 19. 1640.
City of Glocester's Petition.
Ordered, That the Petition of the Inhabitants in and about the City of Glocester, be referred to the Bishop of Ely 's Committee, with the like Power in respect of this Petition, as it has in respect of any other Petition: This Petition being of the same nature with the Petitions given in by the Londoners and Kentish Men against the Bishops.
Transporters of Fullers-Earth, &c.
A Bill against the Transportation of Woolls, Wooll-fells, Fullers Clay and Earth, read the first Time.
Upon Mr. Peard 's Report from the Committee appointed to consider of Bail of those that are in the Serjeant's Custody,
It was resolved upon the Question,
Dr. Cozens to be bailed.
That Dr. Cozens should be bailed, upon his entring into 2000l. Bond, and his Sureties in 1000l. Bond apiece to the Serjeant, for his Appearance when the House shall appoint.
That Dr. Utye shall likewise be bailed, himself entring into 1000l. Bond, his Sureties into 500l. apiece.
Abel denied Bail.
That Aldermen Abel be not bailed.
Wilson and Conrade to be bailed.
That Rowland Wilson, and William Conradus, be bailed, upon their entring into Bond of 1000l. and their Sureties into 500l. apiece.
Tho. Horth to be bailed.
That Thomas Horth be bailed, himself entring into 5000l. Bond, and his Sureties into 2000l. apiece.
Kilvert not to be bailed.
That Richard Kilvert be not bailed.
Mr. Fulham bailed.
That Mr.Fulham be bailed, himself entring into 200l. Bond, and his Sureties into Bond of 100l. apiece.
Mr. Ayliff bailed.
That Mr.Ayliff be bailed, upon 1000l. Bond for himself, and 500l. apiece for his Sureties.
Ordered, That the Committee appointed to consider of these respective Bails, do meet to-morrow in the Afternoon in the Court of Wards.
Chair-men of Committees to communicate what they have against Judges.
Ordered, That the Chair-men that have any thing come before them that may conduce to the Charge against the Judges, do present it this Afternoon to the Committee appointed to draw up the Charge against the Judges.
Bill against the long Intermission of Parliaments.
Mr.Prideaux brings from the Committee, the Bill for preventing the Inconveniences happening by the long Intermission of parliaments, with several Amendments and Additions unto it; the which several Amendments and Additions were twice read: And then it was resolved upon the Question, That this Bill shall be recommitted to a Committee of the whole House.
Grand Committee concerning long Intermission of Parliaments.
Resolved upon the Question, that the House shall be forthwith Resolved into a Grand Committee to consider of this Bill.
Hereupon Mr. Speaker left the Chair, and Mr.Prideaux was called to the Chair.
Mr.Speaker reassumed the Chair.
Mr. Prideaux Report concerning the Intermission.
Mr.Prideaux Reports from the Committee, some Amendments to the Bill aforesaid, and then it was put to the Question for the Engrossing; and it was Resolved upon the Question,
That this Bill, Intituled, An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments, with these Alterations and Additions, shall be Engrossed against to-morrow Morning.
Bill to be Ingrossed.
During the Debates about this Bill, the Lord Digby made the following Speech.
The Lord Digby's Speech about a Triennial Parliament, Jan. 19.
I Rife not now with an Intent to speak to the Frame and Structure of this Bill, nor much by Way of Answer to Objections that may be made; I hope there will be no Occasion of that, but that we shall concur all unanimously in what concerneth all so universally.
Only, Sir, by Way of Preparation, to the end that we may not be discouraged in this great Work, by Difficulties that may appear in the Way of it, I shall deliver unto you my Apprehensions in general of the vast Importance and Necessity that we should go through with it.
The Result of my Sense is in short this, That unless for the frequent convening of Parliaments, there be some such Course settled, as may not be eluded, neither the People can be prosperous and secure, nor the King himself solidly happy: I take this to be the Unum Necessarium: Let us procure this, and all our Desires will effect themselves; if this Bill miscarry, I shall have left me no publick Hopes; and once past, I shall be freed of all publick Fears.
The Essentialness, Sir, of frequent Parliaments to the Happiness of this Kingdom, might be inferred unto you by the Reason of Contraries, from the woful Experience which former Times have had of the mischievous Effects of any long Intermission of them.
But, Mr.Speaker, Why should we climb higher than the Level we are on; of think further than our own Horizon; or have recourse for Examples in this Business to any other Promptuary, than our own Memories, nay, than the Experience almost of the youngest here?
The Reflection backward on the Distractions of former Times upon Intermission of parliaments, and the Consideration forward of the Mischiefs likely still to grow from the same Cause, if not removed, doubtlesly gave first Life and Being to those two dormant Statutes of Edward III. for the Yearly holding Parliaments; and shall not the fresh and bleeding Experience in the present Age of Miseries from the same Spring, not to be parallel'd in any other, obtain a Wakening, a Resurrection for them?
The Intestine Distempers, Sir, of former Ages upon the want of Parliaments, may appear to have had some other co-operative Causes; as sometimes, unsuccessful Wars abroad, sometimes the Absence of the Prince, sometimes Competitions of Titles to the Crown, sometimes, perhaps, the Vices of the King himself.
But let us rightly weigh and consider the Posture, the Aspect of the present State both towards it self and the rest of the World; the Person of our Sovereign, and the Nature of our Suffering since the Third of his Reign: And there can be no Cause colourable inventible, whereunto to attribute them, but the Intermission, or which is worse, the undue frustration of Parliaments, by the unlucky Use, if not abuse of Prerogative in the Dissolving of them.
Take into your view, Gentlemen, a State, in a State of the greatest quiet that can be fancied, not only enjoying the calmest Peace, but in Case to improve and secure its happy Condition; all the rest of the World at the same time in Tempest, in Combustions, in uncomposable Wars.
Take into your view, Sir, a King Sovereign to three Kingdoms, by the concentring of all the Royal Lines in his Person, as undisputable as any Mathematical ones in Euclid: A King firm and knowing in his Religion, eminent in Vertue: A King that had in his own time given all the Rights and Liberties of his Subjects more clear and ample Confirmation, freely, and graciously, than any of his predecessors (when the People had them at Advantage) extortedly, I mean in the Petition of Right.
This is one Map of England, Mr. Speaker; A Man, Sir, that shall present unto you know a Kingdom groaning under that Supreme Law, which Salus Populi Perilitata would Enact: The Liberty, the Property of the Subject Fundamentally subverted, ravish'd away by the Violence of a pretended Necessity; a triple Crown shaking with Distempers; Men of the best Conscience ready to fly into the Wilderness for Religion; would not one swear that this were the Antipodes to the other? And let me tell you, Mr. Speaker, this is a Map of England too, and both at the same time true.
As it cannot be denied, Mr.Speaker, that since the Conquest, there hath not been in this Kingdom a fuller Concurrence of all Circumstances in the former Character to have made a Kingdom happy, than for these Twelve Years last past; so it is most certain, that there hath not been in all that Deduction of Ages, such Conspiracy, if one may so say, of all the Elements of Mischief, than in the second Character, to bring a flourishing Kingdom, if it were possible, to swift Ruin and Desolation.
I will be hold to say, Mr. Speaker, and I thank God we have so good a King under whom we may speak boldly of the Abuse by ill Ministers, without reflection upon his Person:
That an Accumulation of all the publick Grievances since Magna Charta, one upon another, unto that Hour in which the Petition of Right past into an Act of Parliament, would not amount to so oppressive, I am sure not so destructive a Height and Magnitude to the Rights and Property of the Subject, as one Branch of our enslaving, since the Petition of Right.
The Branch I mean, is the Judgment concerning Ship-money; this being a true Representation of England in both Aspects:
Let him, Mr. Speaker, that for the unmatch'd Opperssion and Enthralling of free Subjects, in the time of the best Kings Reign, and in Memory of the best Laws, enacted in favour of Subjects Liberty; can find a truer Cause than the Ruptures and Intermission of Parliaments: Let him, and him alone be against the settling of this inevitable way for the frequent holding of them.
'Tis true, Sir, Wicked Ministers have been the proximate Causes of our Miseries; but the want of Parliaments, the primary, the efficient Cause.
Ill Ministers have made ill Times; but that, Sir, hath made ill Ministers. I have read among the Laws of the Athenians, a Form of Recourse in their Oaths and Vows of greatest and most publick Concernment, to a threefold Deity; supplicationum Exauditori, Gravaminum Purgatori, Malorum Depulsori.
I doubt not, but we here Assembled for the Commonwealth in this Parliament, shall meet with all these Attributes in our Sovereign.
I make no Question, but he will graciously hear our Supplications, purge away our Grievances, and expel Malefactors, that is, remove ill Ministers, and put good in their Places.
No less can be expected from his Wisdom and Goodness.
But let me tell you, Mr.Speaker, if we partake not of one Attribute more in him, and if we address not our selves unto that, I mean Bonorum Conservatori, we can have no solid, no durable Comfort in all the rest.
Let His Majesty hear our Complaints never so compassionately:
Let him purge away our Grievances never so efficaciously:
Let him punish and dispel ill Ministers never so exemplarily:
Let him make choice of good one never so exactly.
If there be not a way settled to preserve and keep them good, the Mischiefs and they will all grow again like Sampson's Locks, and pull down the House upon our Heads; believe it, Mr.Speaker, they will!
It hath been a Maxim among the wisest Legislators, That whosoever means to settle good Laws, must proceed in them with a sinister Opinion of all Mankind, and suppose that whosoever is not wicked it is for want only of the Opportunity; it is that Opportunity of being ill, Mr.Speaker, that we must take away, if ever we mean to be happy, which can never be done but by the frequency of Parliaments.
No State can wisely be consident of any publick Minister's continuing good, longer than the Rod is over him.
Let me appeal to all those that were present in this House at the Agitation of the Petition of Right, and let them tell themselves truly of whose Promotion to the Management of Affairs, do they think the generality would at that time have had better Hopes, than of Mr.Noy, and Sir Thomas Wentworth; both having been and that Time, and in that Business, as I have heard, most keen and active Patriots, and the latter of them (to the eternal Aggravation of his infamous Treachery to the Common-wealth be it spoken) the first Mover, and Insister, to have this Clause added to the Petition of Right, That for the Comfort and Safety of his Subjects. His Majesty would be pleased to declare his Will and Pleasure, that all his Ministers should serve him according to the Laws and Statutes of the Realm.
And yet, Mr.Speaker, to whom now can all the Inundations upon our Liberties under pretence of Law, and the late Shipwreck at once of all our Property, be attributed, more than to Noy? And can those, and all other Mischiefs whereby this Monarchy hath been brought almost to the Brink of Destruction, be attributed so much to any, as to that Grand Apostate to the Commonwealth, the now Lieutentnt of Ireland?
The first, I hope God hath forgiven in the other World; and the latter must not hope to be pardoned in this till he be dispatch'd to the other.
Let every Man but consider those Men as once they were.
The excellent Law for the Security of the Subject, enacted immediately before their coming to Employment, in the contriving whereof themselves were principal Actors.
The Goodness and Vertue of the King they served, and yet the high and publick Oppressions that in his Time they have wrought? And surely there is no Man but will conclude with me, That as the desicience of Parliaments hath been the Causa Causarum of all the Mischiefs and Distempers of the present Times; so the Frequency of them is the sole Catholick Antidote that can preserve and secure the Future from the like danger.
Mr.Speaker, Let me draw my Discourse a little nearer to His Majesty Himself, and tell you, the frequency of Parliaments is most essentially necessary to the Power, the Security, the Glory of the King.
There are two Ways, Mr. Speaker, of powerful Rule, either by Fear or Love, but one of happy and safe Rule, that is by Love, that Firmissimum imperium quo obedientes gaudent.
To which Camillus advised the Romans, Let a Prince consider what it is that moves a People principally to Affection, and Dearness towards their Soveregn; he shall see that there wants no other Artifice in it, than to let them enjoy unmolested what belongs to them of Right: And if that have been invaded and violated in any kind, whereby Affections are alienated, the next Consideration for a wise Prince that would be happy, is how to regain them: To which Three Things are equally necessary.
- 1. Reinstating them in their former Liberty.
- 2. Revenging them of the Authors of those Violations.
- 3. And securing them from Apprehensions of the like again.
The first, (God be thanked) we are in a good way of.
The Second in warm pursuit of.
But the third, as essential as all the rest, till we be certain of Triennial Parliaments, at the least, I prosess, I can have but cold Hopes of.
I beseech you then, Gentlemen, since that Security for the Future is so necessary to that blessed Union of Affections, and this Bill of necessary to that Security;
Let us not be so wanting to our selves, let us not be so wanting to our Sovereign as to forbear to offer unto him this powerful, this everlasting Philter, to charm unto him the Hearts of his People, whose Vertue can never evaporate.
There is no Man, Mr.Speaker, so secure of another's Friendship, but will think frequent Intercourse and Access very requisite to the Support, to the Confirmation of it; Especially, if ill Offices have been done between them; if the raising of Jealousies hath been attempted: There is no Friend but would be impatient to be debarred from giving his Friend Succour and Relief in his Necessities.
Mr.Speaker, Permit me the Comparison of great Things with little; but what Friendship, what Union can there be, so comfortable, so happy, as between a gracious Sovereign and his People; and what greater misfortune can there be to both, than for them to be kept from intercourse, from the Means of clearing Misunderstandings, from interchange of mutual Benefits?
The People of England, Sir, cannot open their Ears, their Hearts, their Mouths, nor their Purses to his Majesty, but in Parliament.
We can neither hear him, nor complain, nor acknowledge, nor give, but there.
This Bill, Sir, is the sole Key that can open the Way to a frequency of those reciprocal Endearments, which must make and perpetuate the Happiness of the King and Kingdom.
Let no Man object any Derogation from the King's Prerogative by it; we do but present the Bill, tis to be made a Law by him; his Honour, his Power, will be as conspicuous, in commanding at once, that a Parliament shall assemble every third Year, as in commanding a Parliament to be called this or that Year; their is more of his Majesty in ordaining Primary and Universal Causes, than in the actuating of subordinate Effects.
I doubt not, but that glorious King Edward the Third, when he made those Laws for the Yearly calling of Parliaments, did it with a right Sense of his Dignity and Honour; the Truth is, the Kings of England are never in their Glory, their Splendor, in their Majestick Sovereignty, but in Parliaments. Where is the Power of imposing Taxes? Where is the Power of restoring from Incapacities? Where is the Legislative Authority? Marry, in the King, Mr.Speaker. But how? In the King circled in and invertuated by his Parliament.
The King out of Parliament hath a limited Power, a circumscribed Jurisdiction; but waited on by his Paliament, to Monarch of the East is so absolute in dispelling Grievances.
Mr.Speaker, in chasing ill Ministers, we do but dissipate Clouds that may gather again; but in voting this Bill, we shall contribute, so much as in us lies, to the perpetuating our Sun, our Sovereign, in his Vertical, in his Noon-day Lustre.
Inhabitants of Richmond, Yorkshire.
Ordered, That the Petition of the Inhabitants of the Town of Richmond in the County of York, about the Billeting of Soldiers, and Oppressions done by them, be referred to the Committee last appointed for the King's Army.
Report from the Committee for Religion.
Upon Mr.White's Report from the Grand Committee for Religion, it was resolved upon the Question.
Subscription Cambridge Scholars.
That the Statute made about Twenty-seven Years since in the University of cambridge, imposing upon young Scholars a Subscription according to the 36th Article of the Canons made in the Year 1603, is against the Law and Liberty of the Subject, and ought not to be pressed upon any Student or Graduates whatsoever.
Bill passed against intermission of Parliaments. Lord Digby went to the Lords with that Bill and the Bill for Subsidies. Carnarvonshite Elections.
The Bill for the preventing of Invonveniencies happening by the long Intermission of Parliaments, read the Third Time; and upon the Question passed.
The Lord Digby went up to the Lords, with the Bill for the Relief of the King's Army, and the Bill for preventing Inconveniencies happening by the long Intermission of Parliaments, accompanied with such Gentlemen as were pleased to go.
The Petition of the High Sheriff in the County of Carnarvon, was Read and Referred to Sir Lewis Dives Committee; to the which Committee, the Petitions exhibited concerning the Election of the Knight and Burgess for the Town and County of Carnarvon are referred, and it is to be considered of at the same time when those Petitions are considered of, and the High Sheriff is to be Bailed in the mean time.
The Bill for the Queen's Jointure is appointed to be read on wednesday next.
Members who are Monopolists.
Mr. Peard to make Report to Morrow, concerning those Members of this House, that forbear to fit in regard of the Order against Monopolies.
Resolved the Army to be paid.
Upon Sir John Hotham's Report from the Committee last appointed to consider of the King's Army, it was resolved upon the Question,
That the King's Army shall be paid from the Tenth of November to the Eighth of December, according to the Foot of the Muster-Roll made the 28th of November.
Resolved upon the Question, That a new Muster-Roll be made in the like manner, as it is now reported from the Committee; viz.
Order for a new Muster-Roll.
That the Commissary-General do appoint Sixteen Deputy Commiissaries, and that Sixteen Gentlemen of the County be nominated by the Knights and Burgesses of the County of York, to joyn with them, and in one Day to Muster the Army, and according to the Foot of that Muster-Roll, the Army to be paid from teh 8th of December to the time of the Muster, and that this Muster be not made till the Money come down.
Discipline of the Army.
Resolved upon the Question, That for the Discipline of the Army, it is sit that a Commission of Oyer and Terminer be directed to the Officers of the Field, and some Gentlemen of the County, to be nominated by the Knights and Burgeffes of the County og York.
Commission of Oyer and Terminer.
Mr. Treasurer is intreated to move His Majesty, that such a Commission may be sent.
Ordered, That the Commission of Oyer and Terminer, shall extend only to the King's Army in Pay.
City to be paid, after Mr. Harrison. Thursday, Jan. 21; Daniel Holstein. Committees.
Ordered, That if the City bring in the Threescore Thousand Pounds, they shall be paid next after Sir John Harrison was received his Moneys.
A Bill for the Naturalizing of Daniel Holstein, Gentleman, who was afterwards called in and sworn.
Concerning the Naturalization of Strangers.
Ordered, That the Committee for Deputy-Lieutenants and Ship-Money do stand.
The Humble Petition of the Merchants Adventurers, concerning the Naturalizing of Merchant-Strangers, was read and referred to the Committee for Peter Herons & al' Naturalization, and Sir Arthur Ingram is added to that Committee.
The Petition of the Parishioners of St.Ethelburga, London, referred to the Committee for the Archbishop fo Canterbury.
Mr.Peard's Report from the Committee for Monopolists; upon which Report,
Mr. William Sandys a Monopolist, disabled to fit.
It was resolved upon the Question, That Mr. William Sandys is within the Order made against Monopolists, in the Monopoly concerning an Imposition upon Coals; and not fit, nor ought to fit as a Member in the House this Parliament; and that a Warrant issue forth under Mr.Speaker's Hand to the Clerk of the Crown for a new Writ for Electing of another to serve for the Town of Evesham in Com. Wigorn, in his stead.
Sir John Jacob disabled to fit.
Resolved upon the Question, That Sir John Jacob is a Monopolist, and Projector in the Business of Tobacco; and within the Order against Monopolists, and ought not to fit as a Member in the House this Parliament; And that a Warrant issue forth under Mr.Speaker's Hand to the Clerk of the Crown, for a new Writ for Electing of another to serve in his stead this Parliament for the Town of Rye in Suffex.
Mr. Thomas Web disabled to fit.
Resolved upon the Question, That Mr.Thomas Web is interested in the Project and Monopoly concerning the Sealing of Bone-Lace, and with in the Order of this House made against Monopolists, and ought not to fit as a Member in this House this Parliament.
And that a Warrant issue forth under Mr.Speaker's Hand, directed to the Clerk of the Crown for a new Writ for Electing of another to serve in his stead this Parliament.
Mr. Edmund Windham dissabled.
Resolved upon the Question, That Mr.Edmund Windham is a Monopolist, and Projector, concerning the sole using of Wine-Cask, and marking of Butter-Firkins, within the Order made against Monopolists, and ought not to fit as a Member in this House this Parliament; and that a Warrant issue forth under Mr. Speaker's Hand, directed to the Clerk of the Crown, for a new Writ for Electing of another Burgess to serve in his stead this Parliament for Bridgwater, in the County of Somerstt.
Persons injured by the Earl of Strafford, to have reparation.
Ordered, That the Committee appointed to draw up the Charge against the Earl of Strafford, do take some Course, that all those who have complained here against the said Earl, and whose Businesses are not yet fully perfected, may have Reparations for their particular Damages, and losses sustained.
Ordered, That Mr. Peard do proceed in his Report concernign Monopolists to morrow Morning.
Resolved upon the Question, That the House shall be resolved into a Committee to-morrow Morning at Nine of the Clock, to take into further Consideration the Demands of the Scots.
The Case of Winchester, and New College in Oxford, Reported Jan. 21 st.
In the Lords House, the Case of Mr.Anthony Danvers Gent was reported this Day by the Lords Committees, appointed by the Lords in Parliament to receive Petitions; the said Anthony Danvers in his Petition setting forth, That he being of Kindred unto the Right Honourable the Lord Viscount Say and Seal, and thereby of Kindred to William of Wickham, sometimes Bishop of Winchester, and Founder of the College near Winchester, and of New College in Oxford, having offered his Son to be received into the College near Winchester, acoording to the Privilege of a Founder's Kinsman, by the Space of Four Years at their Yearly Election, and being delayed, and at last denied: It was Reported by the said Lords Committees, That they having sent for the Two Wardens and the School-Master of Winchester College, who are constantly Electors into the said College of Winton, upon Examination of the Case, and Submission of the Two Wardens, and the Consent of all Parties, it was Reported by the Lord Bishop of Lincoln, that a full Satisfaction should be given by the said Wardens unto Mr. Anthony Danvers for the Charges he had been put unto, and for the Damages he had received by the Refusal of his Son, and not admitting him into the College near Winton, acccording to the Privilege of a Founder's Kinsman, and according to the Founder's Statutes; and that at the next Election he should be admitted into the College, and have some convenient maintenance in the mean time: And for the Time to come, both the said Wardens did promise, that the Founder's Kindred should be admitted without Difficulty, according to the Statutes of both Colleges concerning the Admission of Founders Kinfmen; and the Lord Bishop of Winchester for his Part, as Visitor of the Two Colleges, did likewise Promise, that he would take care the same should be performed; and the Lords Committees did further deliver it as their Opinions, That a Memorial hereof should be entered in the Journal Book of the Lords House of Parliament, if their Lordships should so think fit, to prevent the like Wrongs in time to come, that might be offered to the Founder's Kinfmen; which was Ordered accordingly: And upon a Motion of the Lord Viscount Say and Seal, it was further Ordered by the House, That the Clerk of the Lords House should deliver Four Copies thereof, one to the Lord Viscount Say and Seal as chief Founder's Kinfman, another to the Lord Bishop of Winchester, and one to each College, viz. the College near Winchester, and New College in Oxford.
Friday, Jan. 22.
Ordered, That Mr. Colfer's Petition exhibited to this House against Mr.Anguish, late Mayor of the City of Norwich, be referred to the Committee for the Rigorous Levying of Ship-Money.
Vicar Preston for words, made a Delinquent; Report of Mr. Smart'sCase. Resolution.
Ordered, That George Preston, Vicar of Rothersthorp, for very scandalous Speeches Spoken by him against this House, the which Words are contained in a Petition delivered unto this House, and were all clearly proved against him by sundry Witnesses examined here at the Bar, be forthwith committed to the Prison of the Gate-house, there to be kept a Prisoner during the Pleasure of this House; and that the Petition exhibited against him, be referred to the Committee for scandalous Ministers, to consider of the Residue of the Petition.
Upon Mr. Rowse's Report from the Committee for Mr.Smart, It was Resolved upon the Question.
That the several Proceedings of the High Commission Court of York and Canterbury, against Mr. Smart, and the several Fines imposed by them upon him, were illegal and unjust, and ought not to bind.
That the Degradation of Mr. Smart, and his Deprivation from his Prebends, and other Ecclesiastical Livings, were unjust and illegal; and that be ought to be restored to all of them, together with the mean Profit.
That Dr. Cozens, and others the Prosecutors of Mr. Smart, ought to make him Satisfaction for his Damages sustained.
That Dr. Cozens is guilty of bringing in of Superstitious Innovations into the Church, tending to Idolatry, and of speaking scandalous and malicious Words against his Majesty's Supremacy, and the Religion established.
That Dr. Cozens is in the Opinion of this House unfit and unworthy, to be a Governor in either of the Universities, or to continue any longer Head or Governor of any College, or to hold and enjoy any Ecclesiastical Promotions.
Reparation for Mr. Smart.
Referred to the Committee for Mr. Smart, to prepare such Things as may be fit to be transmitted to the Lords, concerning Dr.Cozens; and likewise to consider of some fit Way of Reparations to be made to Mr Smart for his Damages sustained.
Mr.Speaker left the Chair, according to an Order yesterday made, and the House resolved into a Grand Committee about the Scots; and Mr. Maynard was called to the Chair. Mr. Speaker assumes the Chair. Mr.Maynard Reports from the Committee. And after a serious and long Debate thereupon, the House came to this Resolution,
A Friendly Assistance to be given to the Scots.
That this House thinks fit, That a Friendly Assistance and Relief shall be given towards Supply of the Losses and Necessities of the Scots; and thar in due time this House will take into consideration the Measure and Manner of it.
Saturday, Jan. 23.
Tho. Bonnell's Petition.
The Petition of Thomas Bonnell, Clerk, Rector of Movemnankton in the County of York, referred to the Committee for Privileges.
A Bill to fell Lands.
A Bill for enabling of James Enyon to alter the Estates of some Land and to make sale of other Lands for the Payment of Debts, and advancement of younger Children.
Mr. Jones a Minister.
Ordered, That Thomas Jones of Owfield in the County of Devon, Clerk be forth with sent for as a Delinquent by the Serjeant at Arms attending on this House, to answer an Information against him here, and attested by Member of this house, of scandalous Words by him used against the Parliament, in a Sermon preached by him at Tiverton in the said County of Devon, the last Day of July, 1640.
Dr. Chaffin sent for.
Ordered, That Dr.Chaffin be forthwith sent for as a Delinquent the Serjeant at Arms attending on this House, for Words by him delivered against the Parliament, in a Sermon preached by him in the Cathedral Salisbury, the 26th of May, 1634. which Words were here in the House witnessed by one Witness, and attested by the Subscription of several others.
Ministers Petition and Reconstrance.
A Petition of several Ministers in behalf of themselves and than others their Brethren of the Church of England, praying a Redress of certain Irregularities in the Government of the Church, was read. To which was annexed a Remonstrance setting forth in particular those supposed Irregularities; and especially insisting upon Secular Employments of the Clery, the sole acting of Bishops in Ordination and Censures, and the great Revenues and little use of Deans and Chapters. Which Petition and Remonstrance, Six or Seven of the Subscribers being called in, did avow; and it was ordered, That the said Remonstrance shall be read on Monday Morning.
are added to the Committeee that are to draw up the Articles against the Earl of Strafford.
- Mr. Hampden,
- Mr. St. John,
- Sir. John Culpeper,
- Sir. John Hotham,
- Sir. Peter Hayman,
- Sir. Walter Earle,
- Mr. Glyn,
- Sir. Tho. Barrington,
- Sir. Gilbert Gerard,
Goodman the Priest.
are appointed presently to retire into the Committee-Chamber, to prepare leads for a Conference with the Lords, concerning the Reprieval of Thomas Goodman, Priest and Jesuit, and upon such other Matters as they in their Judgments shall think fit.
Mr.Recorder of London was sent for, who at the Bar made a Narrative of the whole Passage of the Indicting, Condemning, and Reprieval of Goodman the Priest.
Mr.Glyn reports the Heads of the Conference to be desired with the Lords, concerning the Reprieval of Goodman, &c.
Message for a Conference.
Sir John Culpeper was sent up to the Lords to desire a Conference by Committee of Both Houses presently, if it might stand with their Lordship's Occasions, in the Painted Chamber, concerning the Reprieving of John Goodman, a Prieft, lately condemned of High Treason.
Mr.Glyn is to manage this Conference.
Sir John Culpeper brings Answer, That their Lordships have considered of the Message, and will presently give a Meeting as is desired.
Outed Scots Ministers to have no Preferment in England or Ireland.
Ordered, That it be referred to the Committee for Secretary Windebank, to prepare Heads for a Conference with the Lords concerning the Scottish Ministers that are thrust our of Scotland, and have Preferment either here or in Ireland; and to prevent that no more of them be preferred either here or in Ireland; and to enquire who have been the Promoters of them to their Preferment.
Commissions to deface Images, Altars, &c.
Ordered, That Commissions be sent into all Counties for the defacing, demolishing, and quite taking away of all Images, Altars, or Tables, turned Altar-wise, Crucifixes, superstitious Pictures, Monuments, and Reliques of Idolatry, out of all Churches or Chapels.
Irish Petittioners to have Liberty to prosecute.
Ordered, That Richard Buller, and Arthur Revenough, who have a Petition before the Grand Committee for Irish Affairs, shall have liberty to come and go freely to prosecute their Petition, without Moletation, Arrest, or Restraint; and that there be a stay of committing any waste in the felling of any Wood, or any other Waste whatsoever, upon the Lands mentioned in the Petition during the Dependency of the Business here.
The like Order for liberty of Prosecution, and for stay to be made of any Waste to be committed upon the Lands mentioned in their Petition, was granted to Patrick Murfey, and John Jones.
Sir Pierce Crosby.
It is likewise Ordered, That Sir Pierce Crosby, that has a Business likewise depending before the Grand Committee for Irish Affairs, have free liberty to go and come, to prosecure his Petition here without any mole station or Restraint during the time of the Dependency of his Business here.
Monday, Jan. 25.
Customers detain Goods.
Ordered, That the Ship and Goods of Mr.Samuel Warner, Merchant, detained by the Farmers Deputies at Portsmouth, be delivered unto him, upon his giving good Security to stand to such determination in the Cause, as this House shall appoint.
St. Batholomew's Clerk.
Mr.Peard reporteth from the Committee for Courts of Justice, the Case of the Parish-Clerk of St.Bartholomew's; and upon the Report it was Resolved upon the Question.
High Commission Court.
That all the Proceedings in the High Commission-Court against Samuel Withered, John Hooke, and Henry Garret, sentenced in the High Commission Court for not paying the said Clerk's Wages, and the several Fines and Estates thereof, and the Costs given against them, are Illegal and Unjust, and ought not to bind.
To have Reparation.
Resolved upon the Question, That Samuel Withered, John Hook, and Henry Garret, ought to have satisfaction against the Four Commissioners, the Lord Archbishop of Canterbury, the Bishop of Ely, Sir John Lamb, and Dr.Duck, for their Costs, Damages and Losses sustained in their Suit: And it is further Ordered, That if any other of the Commissioners shall hereafter appear to have given their Votes to the Sentence they shall likewise be liable to make Reparations as aforesaid, to the Parties grieved.
Ordered, That a Warrant issue under Mr.Speaker's Hand, directed to all the Officers of the High Commission, whom it may any way concern, requiring them to bring hither all the Acts and Proceedings that concern the CAuse of the Parish Clerk of St. Bartholomew's.
All the Proceedings in the High Commission against this Parish Clerk, to be brought to the House. Mr. Saragold.
Ordered, That all the Bonds that Samuel Withered, John Hooke, and Henry Garret, entred into for their Appearance at the High Commission Court, be re-delivered unto them again: And that the Patent for the Incorporation of the Parish-Clerks, be brought unto the Committee to consider of it, and to Report it to the House.
Ordered, That Mr.Saragold, being now in Custody, shall have Liberty with a Keeper to prosecute his Petition depending before the Grand Committee for Courts of Justice.
His Majesty sent for both Houses to attend Him at the Banquetting House at Whitehall, where He was graciously pleased to make the following Speech.
The King's Speech, Jan. 25. to both Houses.
My Lords, and You the Knights, Citizens, and Burgesses;
The principal Cause of my coming here at this time, is by reason of the flow Proceedings in Parliament; touching which is a great deal of Inconvenience Therefore I think it very necessary to lay before you the State of my Affairs, as now they stand, thereby to hasten, not to interrupt your Proceedings. First, I must remember you, that there are two Armies in the Kingdom, in a manner maintained by you; the very naming of which doth more clearly shew the Inconvenience thereof, than a better Tongue than mine can express.
Therefore in the first Place, I shall recommend unto you the quick Dispatch of that Business. in the next Place, I must recommend unto you the State of my Navy and Forts; the Condition of both which is so well known to you, that I need not tell you the Particulars; only thus much, They are the Walls and Defence of this Kingdom; which if out of order, all Men may easily judge, what Encouragement it will be to our Enemies, and what disheartning to our Friends.
Last of all (and not the least to be considered) I must lay before you the Distractions that are at this present, occasioned through the Connivance of Parliament; for there are some Men, that more maliciously than ingnorantly, will put no Difference between Reformation and Alteration of Government.
Hence it cometh, That Divine Service is irreverently interrupted, and Petitions in an ill Way given in, neither disputed nor denied. But I will enter into no more Particulars, but shew you a Way of Remedy, by shewing you my clear Intentions, and some Rocks that may hinder this good Work.
I shall willingly and chearfully concur with you for the Reformation of all Innovations both in Church and Commonwealth; and consequently, that all Courts of Justice may be reformed according to Law; for my Intention is clearly to reduce all Things to the best and purest Time, as they were in the Time of Queen Elizabeth.
Moreover, Whatsoever Part of my Revenue shall be found Illegal, or heavy to my Subjects, I shall be willing to lay it down, trusting in their Affections. Having thus clearly and shortly set down my Intentions, I will shew you some Rubs, and must needs take notice of some very strange (I known not what Term to give them) Petitions given in, in the Names of divers Counties, against the present established Government; and of the great Threatnings against the Bishops, that they will make them to be but Cyphers, or at least their Voices to be taken away.
Now I must tell you, That I make a great Difference between Reformation and Alteration of Government; tho'I am for the first, I cannot give Way to the latter. If some of them have over-stretched their Power, and encroached too much upon the Temporality, if it be so, I shall not be unwilling these Things should be Redressed and Reformed, as all other Abuses, according to the Wisdom of former Times, so far i shall go with you.
Nay further, If upon serious Debate you shall shew me that Bishops have some Temporal Authority inconvenient to the State, and not so necessary for the Government of the Church, and upholding Episcopal Jurisdiction, I shall not be unwilling to desire them to lay it down. But this must not be understood, That I shall any Way consent that their Voices in Parliament should be taken away; for in all the Times of my Predecessors since the Conquest, and before, they have enjoyed it; and I am bound to maintain them in it, as one of the Fundamental Constitutions of this Kingdom.
There is another Rock you are on, not in Substance, but in Form; yet the Form is so essential, that unless it be Reformed, it will mar the Substance.
There is a Bill lately put in concerning Parliaments: The Thing I like well, to have frequent Parliaments; but to give Power to Sheriffs, and Constables, and I know not whom, to use my Authority, that I cannot yield unto.
But to shew you, That I am desirous to give you Content in Forms which destroy not the Substance, you shall have a Bill for his Purpose, so that it trench neither against my Honour, nor against the Ancient Prerogative of the Crown concerning Parliaments; to which Purpose I have commanded my Learned Council to wait upon you my Lords, with such Propositions as, I hope, will give you Content; for I ingenuously consess. That frequent Parliaments are the best Means to keep a right understanding between me and my People, which I so much desire.
To conclude: I have now shewn you the state of my Affairs, my own clear intentions, and the Rocks I wish you to eschew; in all which you may perceive the desire I have to give you Content, as you shall find also by those Ministers I have or shall have, about me, for the effecting of these my good Intentions, which I doubt not will bring Peace and Happiness to my Subjects, and Contentment to you all. Concerning the Conference, you shall have a direct Answer, which shall give you Satisfaction.
Message by Mr. Bellasis.
Ordered, That Mr. Bellasis go with a Message to the Lords, to desire a Conference by a Committee of both Houses presently, if it may stand with their Lordships Occasions, in the Painted Chamber concerning a Conference lately had with their Lordships, about the Treaty between the Two Kingdoms.
Mr.Whitlock to manage the Conference.
A Message from the Lords. Goodman the Priest.
A Message from the Lords by Mr. Serjeant Ayloff, and the Attorney General; 'The Lords desire a Conference by a Committee of Both Houses presently, in the Painted Chamber, if it may stand with the Conveniency of this House, touching the Conference had on Saturday, concerning the Reprieval of John Goodman the Priest.
Answer returned by the same Messengers, 'That this House has taken into their Consideration their Lordships Message, and will give a Meeting presently, as is desired, by a Committee of the whole House.
are appointed Reporters of the Conference.
Mr.Hide reports from the Conference with the Lords, a Message from the King, in haec verba:
'That the Occasion of his Majesty's knowledge of the Conviction of John Goodman, the Priest, lately Reprieved, was upon the constant Order that hath been taken for divers Years, That the Recorder hath at the End of every Sessions attended his Majesty with Names of the Persons convicted, with an Expression of their Offences, to the End that his Majesty might be truly informed of the Nature of their Crimes, and consequently, not be induced by Information to Reprieve such as were not fit for Grace and Mercy: And thereupon, That Goodman was lately condemned for being in Orders of a Priest merely, and was acquitted of the Charge of perverting the King's People in their Belief and had never been condemned or banished before. His Majesty is tender in matter of Blood, in Cases of this Nature; in which Queen Elizabeth and King James have been often merciful: But to secure him People that this Man shall do no more hurt, he is willing that he be imprisoned or banished, as their Lordships shall advise; and if he return into the Kingdom, to be put to Execution without delay; and he will take such fit Course for the Expulsion of other Priests and Jesuits as he shall be counselled unto by your Lordships; and he doth not intend by this particular Mercy to lessen the Force of the Law.
Ordered, That the House to morrow Morning take into Consideration the Subject of the Free Conference to be desired with the Lords concerning the Report made by Mr.Hide, touching the Expulsion of the Priests and Jusuits, and touching the Reprieval of John Goodman the Priest.
Ordered, That the Committee for Mr. Secretary Windebank meet on Thursday next in the Afternoon, to prepare the Articles against the said Mr.Secretary.
Mr. Bellais brings Answer from the Lords, that their Lordships will give a present meeting by a Committee of the whole House as is desired.
Ordered, That the Petition from the Ministers, and the Remonstrance delivered with it, be first read on Monday Morning next, and afterwards the Petitions from the Counties concerning Episcopacy.
Ordered, That it shall be debated on Friday Morning next, what Penalty the Bishops, and the rest of the Clergy, have incurred in making the last new Canons.
Tuesday Jan. 26.
Explanation of Mr. Bullock's Order.
Upon a Motion this Day made concerning an Order made in this House December 15. Dispensing thereby with Mr.Bullock for attesting at that time the Lord Keeper, he being at the same Time, and upon the same Business, ordered to attend the grand Committee for Trade; and it being further Ordered, That the said Mr.Bullock should not be prejudiced by any Orders made by the Lord Keeper, for his not attending there: It was declared, That the Intention of the House was, that the said Order of 15. December should extend only to that Day; but they intended not hereby to make stay of any Suit depending between him and any other concerning that Business.
Goodman the Priest.
Committee appointed to take into Consideration the Heads of the Debates this Day happening, concerning the Reprieval of John Goodman the Priest, and concerning the putting in due Execution the Laws made against Priests and Jesuits, and to present those Things that shall be necessary for a free Conference with the Lords concerning these Matters, tomorrow morning, and are to meet this Afternoon at two of the Clock in the Dutchy Chamber.
O Conner the Irish Priest.
Ordered, That the Examination now remaining with the Committee for Recusants, concerning O Conner the Priest, be delivered over to the Committtee, appointed to draw up the Charge against the Earl of Stafford, to make use of in that Charge, and then to be returned to the Committee again; and that Mr.Glyn and Mr.Peard, sometime about the beginning of the next Week, do desire the Judges from this House to procced to the Tryal of the said O Conner.
Ordered, That Mrs.Anne Hussey be Summoned to be here to-morrow Morning, being a Witness against the said O Conner.
Anne Hussey Summoned. A Priest at Mr.Hasteword's.
Ordered, That a Warrant issue under Mr.Speaker's Hand, directed to the Justices of the Peace for the County of Rutland, thereby giving them Directions to examine the Business concerning the apprehending of suspected Popish Priests at Mr.Haslewood's House of Belton, in the County aforesaid, and require them to seize into their hand the Popish Books, and other Popish Implements found in the said House, and to take good Security of Mr.Haslewood of his Appearance here, when he shall be required; and they are to certify to this House the Particulars of the whole Matter, that this House may take such further Order therein, as they shall think fit.
Wednesday Jan. 27th Mchaelmas Term. Salt Marthes.
A Bill for the Limitation and Abbreviation of Michaelmas Term, Read the second time, and upon the Question Committed.
A Bill, declaring the Common Law of the Land, concerning Salt Marshes, Read the Second Time, and upon the Question committed.
Ordered, That Sir John Wintor, Mr.Walter Montague, Sir Kenelme Digby, Sir Basil Brook, and Mr.Henry Becket, be forthwith required to attend the House.
Resolved upon the Question, That the Heads reported by Mr.Glyn, together with the Fact committed by John James upon Mr.Heywood, shall be the Heads of the Conference with the Lords concerning the Reprieval of Goodman, &c.
- Mr. Glyn,
- Mr. Edward Hide,
- Mr. Reynolds,
- Sir. John Hotham,
- Mr. Crew,
- Sir.John Culpeper,
- Mr. Grimston,
- Mr. Strode,
are to manage this Conference.
Goodman the Priest..
Ordered, That Sir Gilbert Gerard go up with a Message to the Lords House, to desire a free Conference concerning the Reprieval of John Goodman the Priest, and the banishing of Priests and Jusuits.
A Message from the Lords by Justice Foster, and Mr. Attorney.
A Message concerning the Treaty.
The Lords desire a present Conference, if it may stand with the Occasions of this House, by a Committee of both Houses in the Painted Chamber, concerning the Treaty between the two Kingdoms.
Ordered, That Thomas Conningsby be forthwith sent for as a Delinquent by a Serjeant at Arms attending on this House, to answer the Complaints exhibited against him in a Petition to this House; the which Complaints, or the greatest Part of them, were avowed and attested by a Member of this House.
It was this Day reported in the House from a Committee, That there were above 50 Families of Norwich that went away to New England, by reason of Bishop Wren's pressing their Consciences with the illegal Oaths, Ceremones and Innovations.
There was a Complaint also against one Mr.Taylor for saying, If one Sermon a Day would not serve, let them go to the Devil for another; and that Puritans are all Knaves, and Papists honest Men.
Sir Gilbert Gerard brings Answer from the Lords, That their Lordships will give a present meeting by a Committee of their whole House, as is desired.
Conference about Recusants, and Goodman the Priest.
Mr.Glyn gives an Account of the free Conference about Goodman, That their Lordships had considered of the Motives and Desires of the Commons, and do agree with them in every Particular, both for the Execution of this particular Priest, and the putting the Laws in due Execution against all other Priests and Jesuits; and if this House think fit, they will represent it to his Majesty by their Speaker, as the Desire of both Houses.
To be represented to His Majesty.
Resolved upon the Question, That the Desires of this House concerning John Goodman the Priest, and concerning the due Execution of Laws against Priests, shall be represented to his Majesty, in that manner as is propounded by the Lords.
A Writ for a new Election in Essex.
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 Electing of a Knight to serve in the Parliament for the County of Essex, in the room and stead of the Lord Rich, called by Writ to the Lords House.
Jan. the th.
A Committee appointed to prepare Questions for Sir Kenelme Digby, Mr. Montague, and others, concerning Motives and Instructions given to the Popish Recusants for raising Money for the Northern Expedition.
Ordered, That the Consideration of the Commission granted to the Earl of Worcester, and his Eldest Son the Lord Herbert, and some Commissions by them granted unto others, for the levying of Forces in the several Counties of England and Wales, and all the Circumstances depending thereupon, be referred to the Committee to draw up the Charge against the Earl of Strafford, and to consider of the Magazine in Sir Piercy Herbert's Custody.
Mr.Treasurer acquaints the House, That it is His Majesty's Pleasure, that this House attend him at the Banqueting House in White-Hall, at two of the Clock in the Afternoon, where the Lords will be present.
There the Lord Keeper delivered to His Majesty the following Remonstrance from both Houses of Parliament.
The Remonstrance of the Two Houses delivered by the Lord Keeper about Goodman, &c. Jan. 29. 1640.
May it please Your Majesty.
Your Loyal Subjects the Lords and Commons now Assembled by your Majesty's Writ in the High Court of Parliament, humbly represent unto your Gracious Consideration, That Jesuits and Priests, Ordained by Authority from the See of Rome, remaining in this Realm by a Statute made in the 21st Year of Queen Elizabeth, are declared Traytors, and to suffer as Traytors.
That this Law is not so rigorous as some apprehand, or would have others to believe; for that it is restrained to natural-born Subjects only, and doth not extend to any Strangers at all.
That it is Enacted in the First Year of King James, That all Statutes made in the time of Queen Elizabeth against Priests and Jesuits, be put in Execution; and for a further assurance of the due Execution of these Laws, the Statute of the Third Year of King James invites Men to the Discovery of the Offenders, by rewarding them with a considerable Part of the Forfeiture of the Recusants Estates.
So that the Statute of Queen Elizabeth is not only approved, but by the Judgements of several Parliaments in the time of King James of happy Memory, adjudged fit and necessary to be put in Execution.
That considering the Estate and Condition of this present Time, they conceive this Law to be more necessary to be put in strict Execution, than at any Time before; and that for divers weighty and considerable Reasons, viz. for that by divers Petitions from the several Parts of this Kingdom, Complaints are made of the great increase of Popery and Superstition, and the People call earnestly to have the Laws against Recusants put in Execution; seeing Priests and Jesuits swarm in great abundance in this Kingdom, and appear here with such Boldness and Confidence, as if there were no Laws against them.
That it appears unto the House of Commons by Proof, That of late Years about the City of London, Priests and Jesuits have been discharged out of Prison; many of them being condemned of High Treason.
They are credibly informed, That at this present the Pope hath a Nuncio or Agent resident in the City, and they have just cause to believe the same to be true.
Papists as publickly, and with as much Confidence and Impunity, resort to Mass at Denmark House, and St. James's, and the Ambassadors Chapels, as others do to their Parish Churches. They conceive the not putting of these Statutes in execution against Priests and Jesuits, is a principal Cause of the Increase of Popery.
That the putting of these Laws in Execution, tendeth not only to the Preservation and Advancement of the true Religion established in this Kingdom; but also the Safety of your Majesty's Person, and Security of the State and Government; which were the principal Causes of the making of the Laws against Priests and Jesuits, as is manifestly declared in the Preamble of the Laws themselves, which are the best Interpreters of the Minds of the Makers of them.
And because the Words being Penned by the Advice and Wisdom of the whole State, are much more full and clear than any particular Man's Expression can be, they were therefore read as they are vouched, those of the 27th Year of Q. Elizabeth being thus: viz.
'That the Priests and Jesuits come hither, not only to draw the Subjects from their true Obedience to the Queen, but also to stir up Sedition, Rebellion, and open Hostility within the Realm, to the great endangering of the Safety of her Royal Person, and to the utter Ruin, Desolation, and Overthrow of the whole Kingdom, if not timely prevented. And the Tenor of the Words of the Stat. of the Third Year of King James, are in this manner: viz.
'Whereas divers Jesuits and Priests do withdraw many of his Majesty's Subjects, from the Service of Almighty God, and the Religion established within this Realm, to the Romish Religion, and from their Loyal Obedience to his Majesty; and have of late secretly persuaded divers Recusants and Papists, and encouraged and emboldened them to commit most Damnable Treasons, tending to the Overthrow of the whole State and Commonwealth, if God of his Goodness and Mercy had not within few Hours of the intended Time of the Execution thereof, revealed and disclosed the same.
The Houses do further inform, That some Jesuits and Priests had been executed in the time of Queen Elizabeth, and King James of happy Memory; and when any of them have received Mercy, it was in such time, and upon such Circumstances, as that the same might be extended unto them without Danger. Whereas now of late, there hath been a great apprehension of Endeavours by some ill Agents to subvert Religion; and at this present both Kingdoms have a general Expectation of a thorough Reformation. And there is already found so ill Consequence of the late Reprieve of John Goodman the Priest, that the House of Commons having sent to the Citizens of London for their Assistance in the Advancement of Money, for the present and necessary Supply of his Majesty's Army, and the Relief of the Northern Counties; upon this Occasion they have absolutely deny'd to furnish the same: And how far the like Discontents may be diffused into other Parts of the Kingdom, to the Interruption of the Levying the Subsidies, the Houses leave to your Majesty's Consideration. It is found that Goodman the Priest hath been twice formerly Committed and Discharged; that his Residence now about London was in absolute Contempt of your Majesty's Proclamation, as the Houses are credibly informed; that he hath been sometimes a Minister in the Church of England, and consequently is an Apostate; and both Houses are very sensible, that no Person should presume to intercede with your Majesty in a Case of so high a Nature. They humble desire, that a speedy Course may be taken for the due Execution of the Laws against the Priests and Jesuits; that all Mischiefs before-mention'd may be timely remedied by your Majesty's great Wisdom.
And Lastly, That Goodman the Priest be left to the Justice of the Law.
Saturday, Jan. 80.
Ordered, That Sir John Winter, and Sir Rafil Brooks be sent for, and their Books and Acquittances, concerning Moneys collected amongst the Recusants: And the House had under consideration the Papers following concerning raising Contribution amongst the Roman Catholicks, for carrying on the late War against the Scots.
The Queen's Letter to promote Contributions by the Papists.
Henrietta Maria, R.
WE have so good a Belief of the Loyalty and Affection of his Majesty's Catholick Subjects, as we doubt not upon this Occasion that hath called his Majesty into the Northern Parts, for the Defence of his Honour and Dominitions, they will express themselves so affected, as we have always represented them to his Majesty: So in this common Consent which hath appeared in the Nobility, Judges, Gentry, and others, to forward his Majesty's Service by their Persons and Estates; We have made no Difficulty to Answer for the same Correspondency in his Catholick Subjects, as Catholicks; notwithstanding they have already concurred to this his Majesty's Service, according to the Quality wherof they are, when others of the same Quality whereof they are, were called upon. For we believe that it becomes us, who have been so often interested in the Solicitation of their Benefits, to shew our selves now in the Persuation of their Gratitudes. Therefore having already by his Majesty, by other Means recommended to them this earnest desire so Ours, to Assist and Serve his Majesty by some considerable Sum of Money freely and chearfully presented: We have thought fit (to the end that this our Desire may be the more Publick and more Authorized) hereby to give you Commission and Direction to distribute Copies under our Hand of this Testification thereof, unto those that have met in London by our Direction about this Business; and unto the several Collectors of every County. And as we presume, the Sum they will raise will not but unworthy our presenting to the King: so shall we be very sensible of it as a particular Respect to our selves, and will endeavour in the most efficacious manner we can, to improve the Merit of it, and to remove any Apprehension of Prejudice that any (who shall employ themselves towards the Success of this Business) may conceive. By this they may be assured, That we will secure them from all sucj objected Inconveniences. And we are very confident, That this our first Recommendation will be so complied withal, as many not only afford us particular Satisfaction, but also Facilitation towards their own Advantages.
Given under Our Signet at Whitehall this 17th of April, 1639.
In pursuance of Her Majesty's Letter, Mr.Walter Montague, and Sir Kenelme Digby, wrote to some of the Principal of that Party, as followeth.
Mr. Montague, and Sir Kenelme Digby's Letter on the same Occasion.
It is sufficiently already known to every one, what extraordinary Graces amd Protections we owe the Queen's Majesty; to whose favourable Intercession we must ascribe the happy Moderation we live under: So as we doubt not, but an Occasion of the Expression of our Gratitudes will very joyfully be embraced by every Body in this present Estate of our Gratitudes will very joyfully be embraced by every Body in this present Estate of his Majesty's Affairs. We have already by our former Letters endeavoured to prepare you to a chearful Assistance of His Majesty in his declared Journey to the Northern Parts, for the securing of this Kingdom, and such other Purposes as His Royal Wisdom shall resolve of, that so you may really demonstrate your selves as good Subjects, as God and Nature requires of you: Now Her Majesty hath been graciously pleased to recommend unto us the Expressions of out Duties and Zeal to His Majesty's Service, by some considerable Gifts from the Catholicks, and to remove all Scruples (that even well affected Persons may meet with), she undertakes to secure us, all that shall employ themselves in this Business, from any Inconvenience that may be suspected by their or our Forwardness and Declaration in this Kind. It will easily appear to every body, how much it imports us, in our Sense of his Majesty's Desires, to press every body to strain himself even to his best Abilities in this Proposition, since by it we shall certainly preserve his Gracefulness to us, and give good Characters of our Devotion to the King and State, of whose Benignity we have all Reason to give Testimonies, and to endeavour to produce Arguments for the Prosecution and Increase of it.
Now for the best Expedition of this Business (which is the chief Circumstance that importeth in it) we have thought fit to recommend it to your Nominations of such Persons as shall in your Opinions be agreed for the ablest and best disposed in every several County, not only to sollicit, but collect such voluntary Contributions, as every body's Conscience and Duty shall proffer. And we shall desire you to give us an Account of what Acceptation this finds; which we cannot but expect very successful, and answerable to the Forwardeness we meet with here about London; for which we shall offer up our Prayers to God.
Another Letter was sent from those Assembled at London, to some of the Romish Clergy, with Instuctions inclosed, to be delivered by them to such Persons as they concerned, in order to the same Business.
A Letter from the Assembly of Papists in London, to the Popish Clergy and others in every Shire.
The inclosed Advices and Motives being so ample, so you will perceive by perusing them, it will not be needful that we enlarge our selves upon any Particulars concerning the Conduct of the Business which they direct the way in: This therefore serveth only to convery them to you, (as we are intreated by those that have met here, and have undertaken to do) and desire you to repair immediately unto those Persons unto whom they be directed; and to deliver the same unto them in the Name of all the Noblemen and Gentry (together with our selves) Assembled here at London by the Queen's Commandment, to set forward this Work. And we pray you assure them in the most efficacious manner you can, (engaging all our Credits for the Trust thereof) That it is the Sense of us all, both Ecclesiastical and Lay-Persons. That besides the discharging of their and our Duties God and the King, it mainly importeth the Good of the Catholicks to have their Business take good Success. Therefore intreat them to deal actively, and efficaciously, and speedily, according to these Advices and Motives. We are so well persuaded of their Devotion to put forward so pious a Work, that we doubt not but they will be as well satisfied in the Needfulness of the thing, and be as ready to employ themselves in it; receiving the Assurance thereof, and Persuations thereunto, only from our Hands, as if they came by all the formal ways that can be imagined, which in a Business of this Nature cannot be expected. And altho' the Advices and Motives be directed only to the Lay-Gentlemen, yet we desire you (and have answered for you) that you will employ your selves, and all those that depend upon you, sincerely to sollicit and dispose all their Minds that you have relation unto, as powerfully as you can, to contribute chearfully and bountifully upon this Occasion, which as it is the first that ever we laboured in of this Kind, so we hope in God it will be the last, there being no Probability of so pressing and urgent Necessity to occur any more.
London, April 1639.
The Names of the Collectors for gathering the Recusants Money.
Sir Kenelm Digby was called into the House, and being demanded several Questions concerning the Instructions dispersed to the Papists throughout England to lend Money to maintain the War against the Scots, and what Money was levied thereon, and who were the Collectors, and how the Pope's Nuncio came to be the chief Man employed therein?
The Answer which he returned was to this purpose; That he did consider before whom he did appear, and in whose Presence he spake; the Gravest and Wisest Assembly in the whole World, whose Majesty is so great, that it might well disorder his Thoughts, and impede his Expressions; that he was suddenly surprized with unexpected Questions; and apprehended there might be some dislike in that Honourable House, of that which he did once conceive was an Act of Service and Merit: But since he is ask'd of things apart, he shall humbly represent what he can remember upon this Occasion, and what may be satisfactory to the House. So he related the Beginning of the Business, and took along the Series as it went from Step to Step.
About Two Years since (said he,) my self, with some others, had a Meeting concerning this Business, upon my Lord Traquiair's coming out of Scotland, and representing to the King some Proceedings there much to the Disadvantage of his Majesty's Affairs; insomuch that his Majesty, with Advice of his Council, declared a War against the Scots: And his Majesty did generally intimate, that his Necessities did require to be supplied in the going on with the War. This Intimation of his Majesty was communicated to the several Judges of the Kingdom, to the Societies of the Inns-of-Court, to the Judges and others of the Civil Law, and to the City of London Likewise; and more especially to the Clergy of London. Having these Examples before our Eyes, we considering our selves as dutiful Subjects, though Recusants, might as Subjects in this Case follow the good Examples of Loyalty to our Prince, which the Learned, and others of the Land had done before us. The Queen hereupon was pleased to recommend to those who were Catholicks of this Kingdom, to shew themselves as forward as others were in serving of the King, and to each Catholick to speak to his Acquaintance to do the like. I was one of those her Majesty spake unto; whereupon I consess, I did both in Example and Speeches with others, encourage them to make what Contribution they could. But how to convey this Money that should be thus contributed, to the Army, I found it very difficult; considering it was to be gathered in several Places of the Nation, and I had but little Correspondency among the Catholicks of this Kingdom. There was a Gentleman that did take upon him to supply that Care of mine; and that was Signieur Con, who was Resident here from the Pope, I conceive to attend the Queen, whose Acquaintance with the particular Persons of the Recusants was beyond any others; and Meetings were generally kept at his House, in order to the Advancement of this Business: He also took upon him to name the Persons in every County who should be the Collectors of the Money; and therefore we discoursed of Motives to induce them freely to contribute: (The Chief where of was, That his Majesty's Grace and Goodness had been much extended to the Catholicks, considering how sharp and panal the Laws were against them) and to seek by way of Gratitude upon this Occasion to make Return answerable. Other Motives there were, which were drawn by Signieur con, which I was not acquainted with; but he told, me he had sent down such Motives and Instructions as he thought were fit Inducements upon that Occasion. And as to the Question, What Persons i consulted withal? There was at the Meetings several times Sir John Winter the Queen's Secretary, Sir Basil Brooks, Mr.Montague, and one Mr.Foster, who was a Person Signieur Con had particular Confidence in. For the particular Sums received, I am not able to give a particular Account, for my Attendance was not long upon that Service; I remember 10000l. at one time paid into the Exchequer, and 2000l. at another time, (for which Tallies were struck) collected from Recusants in these Southern Parts; and Sir Basil Brooks was nominated Treasurer he kept the Account, and managed the Business: He said he had dealt clearly and candidly with the Parliament, and declared as much as he knew in this Business.
Mr.Walter Montague being afterwards called in, and examined at the Bar of the House, did acknowledge much of what was said by Sir Kenelm Digby for the Motives and Inducements to the raising of these Monies; and that the whole Transaction of the Business was at Signieur Con's House; and said, That it is true he is called the Pope's Nuncio, but Mr.Montague did not believe he was commissionated by the Pope in that Capacity; but rather that he comes from the Pope, particularly to attend the Queen's Person, in order to Matters of their Religion, in reference to her Majesty alone.
Sir Kenelm Digby being again called into the House, and demanded in what Capacity Signieur Con came into England, and how it came to pass, that he coming immediately from the Pope should be the Principal in that Business, and should in willingly undertake the Engagement of Two Kingdoms in a Bloody War?
To this he made Answer, How his Acquaintance came to be so great in the Nation, he could not tell; but he was sure that his Interest was greater than any Interest Sir Kenelm Digby had, to advance the Business, for the Application was great unto him from Catholikcs all over the Nation; that he doth not know of any particular Authority or Jurisdiction he had by any Power from the Pope over the Catholicks of England; but as they say, he is a Nuncio or Legate of the Pope's; tho' Nuncio is a Word doth imply a different Sense; for it he do but come to keep a civil Correspondence between the Pope and the Queen, in that case he may be said to be a Nuncio: But whether he was an Agent, so as to carry any Jurisdiction from the Pope, he doth not know, he cannot speak it positively; he was willing to keep himself ignorant as much as he might of many things, having much less Acquaintance with Catholicks than it is imagined he had. But as for Count Rozetti, he hath heard say, That he came with some Jurisdiction from the Peop; but had heard him (Rozetti ) likewise say at Whitchall, That he did particularly renounce any such Jurisdiction in England, as was reported he had from the Pope.
Petition against Dove.
Mr.Mountague was again interrogated upon these Questions, and made Answer much to the Purpose that Sir Kenelm Digby had done.
The Petition of the Inhabitants of Paliswick in Essex, against Mr.Thomas Dove, was ordered to be read on Monday, and referred then, as also Chigwell Petition, to the Committee for scandalous Ministers.
Upon a Debate this Day in the Lords House, touching the Power of conveying away of Honour, it was (Nemine contradicente ) resolved upon te Question,
Honour not alienable.
That no Person that hath any Honour in him as a Peer of this Realm, may alien and transfer the same to any other Person.
Judges to be examined.
It was also ordered by the Lords, That such Judges as the House of Commons shall desire, are to be examined in the Case of the Lord Finch, by the same Deputed Lords as were appointed in the Earl of Strafford's Case: But the Judges are not to be examined upon any thing to accuse themselves.