Historical Collections of Private Passages of State: Volume 4, 1640-42. Originally published by D Browne, London, 1721.
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The House of Commons had great Debate this Day about the Common-Prayer, to have some Alteration made therein; which being suddenly started, gave occasion of a very Hot Debate, and Mr. Hide and others spake much in Opposition to the Motion, desiring the Book of Common-Prayer might be continued as it is without Alteration, and be observ'd with Reverence.
The same Day the House took into Consideration the Thinness of their Number, and ordered that the Members about Town should constantly attend the House, least the House shoud fail of the Number of Forty, (under which Number, it is not reputed a House) to make an Adjournment; and therefore required their Members so to attend, that there might be Sixty every Day at the Adjournment of the House; and the House being this Day divided about putting off the Debate of the Common-Prayer Book to another Time, there were then in the House 115 Members, most of the House being gone into the Country, by Reason they intended within few Days to make a Recess, and about three a Clock in the Afternoon, the House adjourn'd till Monday next, September the 6th.
The French Ambassador made a Complaint to the House of Lords, against unruly Persons that made an Uproar about his House on Sunday last, which the Lords ordered to be taken into present Consideration; and upon Examination of the Matter, those rude Persons were found very guilty in misdemeaning themselves before the Ambassador's House, and thereupon were ordered to be Whipt, and to stand in the Pillory before the Ambassador's Door; but the Ambassador being well-satisfy'd with the Justice of the House of Lords, in pronouncing the Sentence against them, apply'd himself to their Lordships to remit the Execution thereof, and to set the Offenders at Liberty, which was accordingly done.
The Day of Thanksgiving for the happy Pacification made between both Kingdoms, the House of Commons ordered to be kept by them at Lincoln 's-Inn Chappel, because the Bishop of Lincoln had fram'd a set Form of Prayer to be performed and used in St. Margaret's-Westminster, where the House of Commons were wont to meet; which the House of Commons conceiv'd that Bishop had not Power to do.
The House of Commons again renew'd the Debate against Innovations in the Church, and setting up of Rails before the Communion-Table, and for taking away Images, Crosses and Crucifixes, &c. and passed several Votes concerning the same; and ordered those Votes to be drawn into Form, enjoining the due Observation of the same. And the Lords at the same Time declar'd themselves to have the Book of Common-Prayer to be observed in all Churches, without any Omission or Alteration; and that none should offer any Contempt at the Use of it. This begot a Conference between both Houses, in which the Commons desir'd their Lordships to consent unto the Declaration ensuing, and to join with them in the Publication thereof.
A Declaration of the Commons in Parliament, made Sept. the 9th. 1641.
The Knights, Citizens and Burgesses of the Commons House, having received many great Complaints from the several Parts of this Kingdom, of heavy Grievances upon divers of his Majesty's Subjects, by the excessive pressing of some Matters concerning Religion, which are in their own Nature indifferent, by Pretext or Colour of the Laws now in Force; and by the unlawful enforcing other Things without any Colour of Law; and considering that a full Reformation cannot be made in this streight of Time, did for the Comfort and Ease of the People, frame and Order in manner following:
Die Mercurij, 8 September, 1641.
Whereas divers Innovations, in or about the Worship of God, have been lately practised in this Kingdom, by enjoining some Things, and prohibiting others, without Warrant of Law, to the great Grievance and Discontent of his Majesty's Subjects. For the Suppression of such Innovations, and for Preservation of the publick Peace, it is this Day ordered by the Commons in Parliament assembled, That the Church-wardens of every Parish-Church and Chappel respectively, do forthwith remove the Communion-Table from the East-end of the Church, Chappel, or Chancel, into some other convenient Place, and that they take away the Rails, and level the Chancels as heretofore they were before the late Innovations.
That all Crucifixes, scandalous Pictures, of any one or more Persons of the Trinity, and all Images of the Virgin Mary, shall be taken away and abolish'd; and that all Tapers, Candlesticks and Basons, be remov'd from the Communion-Table.
That the Orders aforesaid be observed in all the several Cathedral Churches of this Kingdom, and all the Collegiate Churches or Chappels in the two Universities, or any other part of the Kingdom; and in the Temple-Church, and the Chappels of the other Inns of Court, by the Deans of the said Cathedral Churches, by the Vice-Chancellor of the said Universities, and by the Heads and Governors of the several Colleges and Halls aforesaid; and by the Benchers and Readers in the said Inns of Court respectively.
That the Lord's Day shall be duly observed and sanctified: All Dancing, or other Sports, either before or after Divine-Service be forborn and restrained; and that the Preaching of God's Word be permitted in the Afternoon, in the several Churches and Chappels of this Kingdom, and that Ministers and Preachers be encouraged thereunto.
That the Vice-Chancellors of the Universities, Heads and Governors of Colleges, all Parsons, Vicars, Church-wardens, do make Certificates of the Performance of these Orders; and if the same shall not be observed in any of the Places afore-mention'd, upon Complaint thereof made to the two next Justices of Peace, Mayor, or head Officers of Cities or Towns Corporate: It is ordered, that the said Justices, Mayor, or other head Officer respectively, shall examine the Truth of all such Complaints, and certifie by whose default the same are committed: All which Certificates are to be delivered in Parliament before the Thirtieth of October next.
And did upon the Eighth of September, in a Conference with the Lords, desire their Lordships to consent unto it, and to join with them in the publishing thereof, whereunto they never receiv'd Answer; but contrary to their Expectation, upon this present Ninth of September, being the Day intended for the Recess of both Houses, they received in a Conference from their Lordships, an Order dated January the 16th, 1640. in these Words:
Die Sabbati 16 Januariji, 1640.
It is this Day Ordered by the Lords Spiritual and Temporal in the High Court of Parliament assembled, That the Divine Service be performed as it is appointed by the Acts of Parliament of this Reaim: And that all such as shall disturb that wholesome Order, shall be severely punished according to the Law: And 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.
Desiring that the Commons would join with them in publishing thereof, which being presented to the House of Commons, it was thought unseasonable at this Time to urge the severe Execution of the said Laws; whereupon it was voted, that they do not consent to those Orders, or either of them.
And they have thought fit to make this Declaration, That it may be understood, that the last Order of the Lords was made with the Consent only of eleven Lords, and that nine other Lords then present, did dissent from it; so that it may well be hoped when both Houses shall meet again, that the good Propositions and Preparations in the House of Commons, for preventing the like Grievances, and reforming the Disorders and Abuses in Matters of Religion, may be brought to Perfection; wherefore they expect that the Commons of this Realm do in the mean time quietly attend the Reformation intended, without any tumultuous Disturbance of the Worship of God, and Peace of the Kingdom.
Mr. Pym, Sir Gilbert Gerard, Sir John Franklin, Sir John Culpepper, Mr. Wheeler, Sir Henry Mildmay, Mr. Bridgeman, Sir Thomas Bowyer, Sir Thomas Barrington, Sir Edward Hales, Sir William Litton, Sir Richard Cave, Mr. Robert Goodwin, Sir Samuel Luke, Mr. Wingate, Sir Robert Pye, Alderman Soames, Alderman Pennington, Captain Venn, Mr. Vassal, Lord Faulkland, Captain Rainsborough, Mr. Bence, Sir Peter Wentworth, Mr. Holland, Mr. Winwood, Mr. Scawen, Mr. John Goodwin, Sir Thomas Dacres, Mr. Morley, Mr. Martin, Mr. Arthur Goodwin, Sir John Clotworthy, Mr. White, Mr. Sollicitor, Mr. Spurstow, Mr. Laurence Whitaker, Mr. Serjeant Wilde, Mr. Strode, Sir Henry Vane, Mr. Glyn, Sir Simon D'ewes, Sir William Drake, Mr. Beddingfield, Sir Gilbert Pickering, Mr. Blakestone, and Mr. Waller.
This Committee is to meet on Saturday next in the Exchequer Chamber, at Nine of the Clock in the Forenoon; and are to meet every Tuesday and Saturday in every Week, and at such other Times as they shall think fit, during the Recess; and they, or any Six of them, have Power to meet with the Committee of the Lords, appointed during this Recess, at such Times as they shall appoint.
Resolved, upon the Question, That the Committee appointed by this House, during this Recess, shall have Power to receive and open such Letters as shall come from the Committees in Scotland, and to give Answer according to the former Instructions and Orders of this House.
Resolved, &c. That this Committee shall take care, that the Orders of this House be punctually observed, concerning the Disbanding of the Army, Train of Artillery and Garrisons, and for the sending down of Monies to those Purposes accordingly.
Resolved, upon the Question, That this Committee shall have Power to go on with Preparations for Proceedings against the Principal of such Delinquents as are already voted or complained against in the House; and to report any Offers which they shall make to the House.
That upon Information of any Riots or Tumults, they shall have Power to send all Sheriffs, Justices of Peace, and other Officers, to stir them up to their Duty in repressing them; and to report to the House any Failure of Obedience to that sending:
Ordered, That 30000 l. out of the first Monies that shall come to the Treasury and Commissioners in London, for the Poll-Money, shall be issued forth by this Committee, appointed to sit during the Recess, for the Payment of the Garrisons of Berwick and Carlisle, to the Pay-Masters of those Garrisons; and that the Committee shall enquire into the State of the Monies due to those Garrisons, and take Care for the further Payment of such Monies, as shall appear to be due unto them, over and above the 30000 l.
The House of Lords also appointed a Committee, viz. The Lord-Keeper, Lord Privy-Seal, Lord-Chamberlain, Earl of Warwick, Earl of Clare, Easl of Denbeigh, and Earl of Cleveland, to sit during the Recess, and join with the Committee of the House of Commons, to receive and open Letters from the Committee of both Houses in Scotland (which are to be directed to the Lord-Keeper) and to return Answers: To recall the said Committees when they shall think sit: To assist about disbanding the Army, and removing the Magazine at Berwick and Carlisle, and sending down Money to the Army, if need be; and to report to the House at next Meeting.
The first Thing (faith Mr. Pym) we had in debate, was in reference to the Declaration of the House concerning Innovations: The Committee hath sent divers of them into the Country; and have found, that in some Places where there were good Ministers, they were entertained, and in some other Places neglected; but, for the most part, it is by those who have been questioned here for other Matters.
The Committee took into Consideration the Intentions of the House, concerning the publishing of the Declaration; and therefore they gave Directions, requiring the publishing thereof in Churches, and that the Church-wardens might see the Execution thereof. Some Particulars of this will come in special Report hereafter.
The next Thing the Committee did take into Consideration, was, the Correspondence with the Committee in Scotland, in receiving Letters from them, and sending Answers unto them. I shall not need to produce their several Letters now; it will take up too much Time: But the chief Point was, touching the disbanding the Army, and two Garrisons of Berwick and Carlisle. As for Carlisle, it is totally disbanded, and the Soldiers sent into Ireland, to be placed there, as they were before in the Kings Army.
As for the Garrison of Berwick, that required longer Time of Consideration at the Committee: For besides the demolishing of the Works, which was much presled by the Scots, and seconded by his Majesty out of Scotland, there was a want want of Money; yet the Committee got sufficient to disband all, and sent it down: And because the Scots Commissioners desired to know a certain Day of our disbanding, and then they would, upon Knowledge of that, disband their Forces; thereupon the Committee set down October the Fifteenth, to be the last Day of disbanding. And the Letters Yesterday received from Sir Michael Earnly (Governour of Berwick) shew, That he hath Money enough to disband all; and that the Horse are disbanded, and five Companies of Foot: And that on Friday last, the other Company of Foot remaining, had been disbanded, but that a Letter came from Sir Henry Vane, in his Majesty's Name, requiring to stay the disbanding of the rest till further Order, of which you shall hear more particularly, when I come to that part of my Report.
As for the Arms and Ammunition at Carlisle, the Committee gave order for the safe laying of them up, to be well kept 'till the next Spring, that it be more seasonable to send for them away, they being now five or six Miles from the Sea-side.
As for the Ammunition at Berwick, the Committee hath sent six Ships to transport the same to the Tower, and agreed with them for a certain Sum for the doing thereof within such a Time; and if they staid longer, to have so much per Diem for Demurrage.
The next Thing we took into Consideration at the Committe was, concerning Tumults; and though we cannot say there were any great Tumults, yet there were Seeds sown, which might have occasioned some in the Execution of the Order of the House touching Innovations; but I shall make a particular Report of those Parishes were they were like to come to Blows, if the Committee had not sought the Prevention of it, which was the Ground why the Committee entertained their Petitions.
There was another like Trouble and Sign of Tumults, by the frequent Resort of Troopers to Town, and to the Committee, who delivered thirty several Petitions to the Committee in their own Names, and the Names of other disconted Persons in the Army. We could not refuse to accept their Petitions, lest they should grow to Tumults; and of their Complaints, and the Nature of them, I shall give you a particular Report. But the Committee did vote nothing concerning them; yet it were very sit to resolve something concerning them, that they may depart the Town. Under the Name of Soldiers, there are many Robberies committed, which occasioned the Committee to give order, That all that desired to have Passes to go beyond Sea, might have the same: But that would not serve their Turns, unless they might have Liberty to have Pay here, to go into Companies, under Conduct, to the Service of other Foreign Princes; which the Committee could not give Way unto, in regard of the Ordinance of both Houses to the contrary.
There is another Head the Committee had in Charge, concerning the King's Revenue: All we could do in that, which I did by Direction of the Committee, was, to take care for a Balance touching the same; and accordingly I spake with the King's Officers about it; and a Balance will be ready when you please to call for it.
Another Thing was, concerning the Irish Petitions: That the Gentleman who used to be in the Chair for Irish Affairs, Mr. Whistler by Name, was out of Town, and had most of their Petitions with him: Only one Mr. Cope, and Mr. Lomack, who had long attended, had their Case made known to the Committee; the one desiring to have two Witnesses examined, upon a Petition here depending, who are ready to go to Sea; and the other, Mr. Cope, of English Parents, and of a great Family, is a Petitioner for Recovery of an Estate of great Value, which he conceives hath been long and wrongfully kept from him.
The next Thing in Charge was, concerning Delinquents: In that we made but a small Progress; for we had a Desire to have perfected the Charge against the Lord Archbishop of Canterbury; but in regard those of the Long Robe of the Committe, were for the most part absent, we could not proceed therein.
Next there came to me, at my Lodging in Chelsea, Sir John Berkley, and Serjeant Major O Neal, who had rashly withdrawn themselves; but upon better Consideration, understanding they were accused, they returned, to submit to the Pleasure of the House. I thought it my Duty to make some Privy-Counsellor acquainted therewith; whereupon I went to my Lord Wilmot with them, who undertook they should attend the Committee the next sitting; which they did accordingly: And in pursuance of the Order and Warrant of the House for their Apprehension, they were attached by the Serjeant-at-Arms.
As for the Letters last received from Scotland to the Committee, they speak of something intended to be done there, upon the Persons of divers Lords of Scotland; and in regard some of the Persons suspected to have a hand in that Design, are suspected to be Papists, the Committee did conceive they might have Correspondence with the like Party here; and therefore commanded me Yesterday to write to the Lord-Mayor of London, to place convenient Guards in several Places in the City, till he received farther Directions from the Parliament; and likewise to the Justices of the Peace in Middlesex and Westminster, and Southwark, to observe such farther Directions as they should receive from the Earl of Essex, who, who in his Majesty's Absence is appointed General on this side Trent.
I forgot to report one Thing, That upon Tuesday last was Se'ennight, the Committee here agreed and so ordered, That the Committee in Scotland should, unless they saw Cause to the contrary, return home; and lest our Letters might miscarry, commanded me to send an Express Messenger to them; and I did so; and wrote also by the Weekly Post of our Order, as also the last Order for their coming home. Upon this Report, it was
First, That a Letter from the Committee in Scotland, dated Octob. 14, be read at the Conference; and that this House hath taken into Consideration, That when there was a Design, somewhat of the same nature in this Kingdom, to seduce the King's Army, and interrupt the Parliament here, that there was the like Design at that time in Scotland.
Next to mention, That the principal Party named in that Design in Scotland, the Lord Crawford, is a Person suspected to be Popishly affected; and therefore may have Correspondence with the like Party here.
Next, that it hath been lately published here, That some Things were to be done in Scotland, before it brake out there. Therefore we may suspect some Corespondence here, and so upon these Grounds, propound, That a strong Guard be kept in the Cities of London and Westminster. And, secondly, That Care be taken for the future, for the Defence of the whole Kingdom. But this in general.
Next, to let them know, That the Garrison of Carlisle is totally disbanded, and of the Garrison of Berwick, there remain only five Companies of Foot, and that all the Horse are disbanded: And to acquaint the Lords with his Majesty's Directions, sent by Secretary Vane, for the stay of those five Foot Companies of Soldiers; but that the Money designed for that Service, to disband those Men, was proportioned only until the 15th of October; and that therefore the Commonwealth should be at no further Charge concerning the same, either for the Men or Shipping that are to stay there until Order be taken, and Money sent down for their disbanding, according to the Treaty.
Ordered, By the House of Commons, That another Head of this Conference shall be to move, That an Express Messenger be sent to the Committee of both Houses in Scotland, to let them know, That the Parliament takes well their Advertisement; and that they conceive the Peace of that Kingdom concerns the Good of this: And that if there be any Tumults to oppose the Act confirmed by both Kingdoms, that his Majesty will command any Assistance to suppress them: That both Houses will be ready to maintain his Majesty in his Greatness, and to suppress those who are Disturbers of the Peace.
The Heads thus prepared for a Conference, were afterwards communicated to the Lords, who were very sensible of the Matters to them reported; and speedily taking the same into Consideration, agreed in all the Proposals made by the House of Commons.
The Contents of the Letter to be sent to the Committee in Scotland, Octob. 22, was to this Effect:
The Advertisement which you have given in your Letters of the Fourteenth of this Month, concerning the Design against the Persons of the Lord Marquiss of Hamilton, and the Earls of Argyle and Lanerick, have been communicated to the Houses, who do very much commend your Wisdom, in sending them timely Notice of an Accident of such great Consequence to the Peace, both of this and that Kingdom: and do give you Thanks for your Care therein: And I am to let you know, That we have received no other publick Intelligence thereof; wherefore the Desires of both Houses are, That as long as you stay there, you continue to inform the Houses of Parliament of the further Proceedings in this Matter, and such other Accidents as may any way concern the Safety of both Kingdoms: And thereupon they have thought good to make a further Addition to your former Instructions, touching some Things which they conceive sit to be presented to his Majesty, from the Lords and Commons of his Parliament here, as you may perceive by the inclosed, which I am commanded to send to you, and commend to your Care and Wisdom, not doubting but that you will herein fully answer their Expectations and Confidence: And for the Performence hereof, their Pleasure is, That you should continue there to wait upon his Majesty, 'till you receive further Directions, or that his Majesty be pleased to come away England.
New Instructions from the Lords and Commons in Parliament, to the Committee of both Houses, now attending his Royal Majesty in Scotland, on occasion of a Design said to be there discovered against Marquiss Hamilton, &c. Octob. 22.
- 1. You shall acquaint his Majesty, That by your Advertisement, both Houses have taken Notice of the Examinations and Confessions taken in the Parliament of Scotland, concerning a tumltuous Design, affirmed to be undertaken by the Earl of Crawford, and others, against the Persons of the Marquiss of Hamilton, the Earls of Argyle and Lanerick, and having taken the same into Consideration, they have here Cause to doubt, That such ill-affected Persons as would disturb the Peace of that Kingdom, are not without some malicious Correspondents here; which (if these wicked Purposes had taken effect in Scotland) would have been ready to attempt some such mischievous Practices as might produce Distempers and Confusions in this Kingdom, to the Hazard of the publick Peace; for Prevention whereof, they have given Order for strong Guards in the Cities of London and Westminster; and have resolved to take into their Care the Security of the rest of the Kingdom.
- 2. You shall further declare to his most excellent Majesty, That the States of his Parliament here, do hold it a great matter of Importance to the Kingdom, that the Religion, Liberty, and Peace of Scotland be preserved, according to a Treaty and Articles agreed unto by his Majesty, and confirmed by Act of Parliament; of which they are bound to be careful, not only by publick Faith in that Treaty, but likewise by the Duty which they owe to his Majesty and this Kingdom; because they hold it will be a great Means of preserving Religion, Liberty, and Peace in England, Ireland, and his Majesty's other Dominions; and that Union of all his Loyal Subjects, maintaining the common Good of all, will be a sure Foundation of Honour, Greatness, and Security, to his Royal Person, Crown, and Dignity: Wherefore they have resolved to employ their humble and faithful Advice to his Majesty, the Power and Interest of the Parliament, and of this Kingdom, for suppressing of all such, as by any Conspiracies, Practices, or other Attempts, shall endeavour to disturb the Peace of Scotland, and to infringe the Articles and the Treaty made betwixt the two Kingdoms.
Thirdly, You shall likewise inform the King, That whereas Orders have been given by his Majesty with Consent of Parliament, for disbanding of the Garrisons of Carlisle and Berwick; the first is already wholly disbanded, and all the House, and Eight Companies of Foot sent out of Berwick, and now Five Companies remaining, which likewise should have been discharged, at or before the 15th of this Month, if they had not been staid by his Majesty's Command, signify'd by Mr. Secretary Vane to Sir Michael Earnley, Lieutenant Governor, according to Direction in that behalf.
And whereas by Order of Parliament, Six Ships have been sent for Transporting his Majesty's Munition, and other Provisions in that Town, and in the Holy Island, all which have been of very great Charge to the Common wealth; wherefore the Commons now assembled in Parliament have declared, that they intend to be at no further Charge for the longer Stay and Entertainment of those Men, or for the Demurrage of the said Ships, if by Occasion of this Direction they be kept out longer than was agreed upon.
Ordered, That this House do meet every Morning by Eight of the Clock, and sit till Two, and that they shall take into Consideration the general Business of the whole Kingdom only; and that all private Business shall be laid aside till November next, wherein the Lords concurr'd.
This Day the Trained Bands of Westminster attended all Day in Arms in the Palace-Yard at Westminster, till both Houses rose; at which Time they received Directions from the Earl of Effex (Lord General in the King's Absence) to divide their Company into two Parts, to the end 100 might attend for the Day, and to be relieved at Night by the like Number.
There being a Complaint made by some Parishioners of Cripplegate, for not obeying the late Order of the House of Commons of the 9th of September, a Debate hereupon arose, and Sir Edward Deering made this
It is very true (as is instanced unto you) that your late Order and Declartion of the 8th and 9th of September, are much debated and disputed abroad; perhaps it may be a good Occasion for us to re-dispute them here.
- 1. How far an Order of this House is binding?
- 2. Whether this particular Order be continuant, or expir'd?
Your Orders (I am out of doubt) are powerful, if they be grounded upon the Laws of the Land: Upon that Warranty we may by an Order, enforce any thing that is undoubtedly so grounded; and by the same Rule we may abrogate whatsoever is introduc'd contrary to the undoubted Foundation of our Laws. But, Sir, this Order is of another Nature, another Temper, especially in one part of it; of which (in particular) at some other Time.
Sir, There want not some abroad, Men of Birth, Quality and Fortune, such as know the Strength of our Votes here as well as some of us, (I speak my own Insirmities) Men of the best Worth, and of good Assistance in us, and no way obnoxious to us: They know they sent us hither as their Trustees, to make and unmake Laws; they know they did not send us hither to Rule and Govern them by Arbitrary, Revocable and Disputable Orders, especially in Religion. No Time is fit for that, and this Time as unfit as any: I desire to be instructed herein.
Mr. Speaker, In the second Place, there is a Question whether this Order (whereupon the present Complaint is grounded) be permanent and binding, or else expir'd, and by our selves deserted? I observe, That the Order being made the 8th of September in hope the nof Concurrence therein by the Lords; that failing, you did issue forth your last Resolution by way of Declaration, wherein thus you express your self; That it may well be hoped, when both Houses shall meet again, again, that the good Propositions and Preparations in the House of Commons, for preventing the like Grievances, and reforming the Disorders and Abuses in matters of Religion, may be brought to Perfection; wherefore you do expect, that the Commons of this Realm do in the mean time (What, obey and perform your Order made the Day before? No such Thing, but in the mean time) quietly attend the Reformation intended.
These are your Words, and this my Doubt upon them, whether by these Words you have not superseded your own Order? Sure I am, the Words do bear this Sence, and good Men may think and hope it was your meaning.
My humble Motion therefore is this, I beseech you to declare, That upon this our Reconvention, your Order of the 8th of September is out of date: and that the Commons of England must (as you say) quietly attend the Reformation intended; which certainly is intended to be perfected up into Acts of Parliament. And in the mean time, that they must patiently endure the present Laws, until you can make New, or mend the Old.
The next Day the House debating the Bill for disabling Persons in Holy Orders, to exercise Temporal Jurisdiction; it being urged by a Member, that to the words ought not, should be added, and that is inconsistent with their Function. The same Day Sir Edward Dcering reply'd in this
However I am resolv'd in my private Opinion of the Inexpediency and Unlawfulness of Clergymen's holding Secular Jurisdiction (Duo gladij non sunt in unum conflandi & conferruminandi:) Yet, Sir, my inward Resolution doth not presently make me a Judge in a Dogmatical Point; not do I know that this Place doth inable me with that Capacity. If it be my private Opinion, yet I desire not to bind the Judgment of the Land herein by an Act of Parliament, although determining to my own Sence.
Certainly, Sir, This Point of Inconsistency will lead this House (much more that of the Lords where the Bishops are) into a Debate, which may more safely and prudently be avoided. I have formerly, and again I pray you, That we may not engage our selves into the Determination of Doctrinal Points in Divinity; perhaps it is not proper for us, and for my part I do think we are not herein idonei & Competentes Judices.
Was it ever heard or seen, that a Set of Laymen, Gentlemen, Soldiers, Lawyears, Merchants, all Professions admitted, but the Profession of Professions for this Work, Divines alone excluded? That we should determine upon Doctrinal Points in Divinity? Theology is not so low, so facile a Trade. Let us maintain the Doctrines that are Establisht; to declare New, is not fit for our Assembly. And for my part I do think, I have found daily Cause to wish these Resolutions recommended unto other Resolvers.
Mr. Speaker, Divines are herein (in Dogmatick Resolutions of Religion) concern'd as much, as well, as we. They are a considerable Party, and ought not to be bound up unheard. It was a prevailing Argument with me against the late Canons, that they could not bind us of the Laity, being a distinct several Body, no way involved in their Votes. Our Plea was, that we neither had a Decisive Voice to determine with them, nor a Deliberative Voice to consult with them, nor an Elective Voice in choice of their Persons to make them our Trustees to determine for us; nor lastly, (as at least we should have) a Susceptive Voice in a Body of our own to receive their Resolutions, and of our selves to submit unto them. These things are of a Nature fit to be discuss'd by grave Divines, in a free Synod of Divines to be chosen by Divines. In the mean time, let not us be guilty of the same which we have condemned in them; we ought not to pay Injury with Wrong. They cannot be bound where they are no way Parties: For it is a Rule in Nature, Reason and Religion, Quod omnes tangit, ab omnibus tractari debet: I am so good a Friend to your Bill, That for the better expediting thereof, I desire the word Inconsistent may not stand therein.
The fad Miseries of our distracted Church, and consequently the hazard of God's true Religion with us, doth even cut my very Heart with Grief and Fear. If we let forth the Government into a loose Liberty for all Religions, we shall have none. Libertinism will beget Atheism. And truly (Sir) at present between Papism on the one hand, and Brownism on the other, narrow is the Way, and few there be that do find it, to right good Protestantism.
Many mournful and fad Complaints, I have of late receiv'd from Ministers, the Ablest and every way the Worthiest that I know. I could willingly name you two, one at Dover, the other at Cranbrook in Kent; Men upon whose Merit let my Credit stand or fall in this House. He that hath preached least of these, hath preached several Thousands of excellent Sermons to his People.
These are in no better Condition than many other deserving Men, who do generally complain with grief of Heart, to see their now infected Sheep, after long pastoral Vigilancy and faithful Ministry, to run and straggle from them more in these last ten Months, than in twenty Years before.
Give us (I beseech you, give us) a Remedy, a speedy Remedy to this growing Evil; or else our Scholars are like to turn Papists, Arminians, or Socinians, and all the ignorant Party will either turn Atheists, or else (which is the next Degree) make to themselves a Religion of their own, as themselves best please.
My humble Motion is this, in a word, if you love the Peace of our Jernsalem, command forth that Bill to be forthwith read, or if that Bill be not to be had, appoint a Committee to draw up another. This is my Motion, and it is founded in a hope of Piety and Peace.
Ordered, By the Lords in Parliament, upon the humble Request of the Lord Bishop of Rochester on his own behalf, and on the behalf of the rest of the Bishops, impeached by the Commons before their Lordships, concerning the late Canons, that Mr. Serjeant Jerman, Mr. Heron, Mr. Shute, and Mr. Hale, (being publickly nam'd in the House by the said Lord Bishop) shall be of Council with this Lordship; and the other Lords the Bishops in their said Cause, with this Proviso, nevertheless, That if any of that if any of the said Council shall upon just Cause desire to be excused, and this House approve of the said Excuse, that then He or They shall not be compelled to be of the said Bishops Council, as is aforesaid.
The Parliament, the Fountain of Justice, ought to be preserved pure from Corruption, and be preserved free from Partiality, which will add, not only Lustre, Reputation, and Honour, but Authority to what is done in Parliament; all Mens Estates and Liberties are preserved under the safe Custody of Parliament; this moveth us to be careful of any thing that may prejudice the Parliament in point of Freedom and Integrity.
Therefore the Knights, Citizens, and Burgesses of the House of Commons, have commanded me, with my Collegue, to represent unto your Lordships two Propositions, which they hold of very great Importance and Necessity to be put in Execution at this Time.
That which concerneth the Thirteen Bishops, salleth to my Charge to open, as I am commanded to tell your Lordships, that it standeth not with Honour and with Justice, that these Bishops should have Votes, standing thus charged with the Breach of Trust, and of the highest Trust, against the Prerogative of the King, against the Privilege of Parliament, against the Property of the Subject, and against the Peace of the Kingdom; these are the Jewels that are depos'd under the Trust and Safe-guard of Parliament, and all these have been broken; and this appeareth by the making of the new Canons Voted by your Lordships to be against all these Trusts.
That these Persons have been Parties to the Breach of this Trust, that will appear by the Journals of the Convocation, which is now in the Country, and may be sent for; the Entry of the Book is, That all the Thirteen Bishops were Parties, and did Confirm and Subscribe these Canons; therefore it is hoped by these Canons, that those that have assumed to themselves a Legislative Power, whereby they have, as much as in them lies, rooted out the Foundation of Parliament, that they should have no Interest in the Legislative Power at all in Parliament.
Next, That those that have depriv'd the Subjects of those goods Laws that are already made for them, that they should have no Interest of Part of making future Laws for the Subject; this they conceive standeth with a great deal of Equity and Justice, which is one Reason to desire they should be excluded from their Votes in Parliament.
Next is, The Heinousness of their Offence. It is very fit they should be innocent Men, and faithful Men, that should have the Exercise of so great a thing as it is; much less then should they be Delinquents of so high a Nature, Actors in the Subverting of the Laws of the Realm, that they should continue their Votes and Places in Parliament: And that their Delinquency may the better appear, you are desired to read the Votes passed in the House of Commons (nullo Contradicente) and with which the Lords have concurred and agreed.
That he was in the next Place to present some Reasons and Precedents concerning the Bishops not having their Votes touching the Bill, entituled, An Act to take away the Bishops Votes in Parliament, &c.
- 1. Because they have no such Inherent Right and Liberty of being there, as the Lords Temporal, and Peers of the Realm have; for they are not there Representative of any Body else: No, not of the Cleargy; for if so, then the Clergy were twice represented by them, viz. In the Lords House, and in the Convocation: For their Writ of Election is to send two Clerks, Ad Consentiendum, &c. Besides, none are there Representative of others, but those that have their Suffrages from others; and therefore only the Clerks in the Convocation do represent them.
- 2. They have not the Inherent Right of Peerage as the Lords have, because in some Things they cannot do that there, which the Lords may do in case of Treason and matter of Blood. Upon Tryal of any Peer they have no Liberty of Vote, which could not be taken away by any Canon, if their Right of Voting there were inherent.
- 3. If they were Representatives of the Clergy, as a Third Estate and Degree, no Act of Parliament could be good, if they did wholly disassent; and yet they have disassented and the Law good and in force, as in the Act for Establishing the Book of Common-Prayer in Queen Elizabeth's time; they did disassent from the confirming of that Law which could not have been good, if they had been a third Estate and disassented.
- 4. The King may hold his Parliament without calling the Bishops at all to it, as hath been adjudged by all the Judges of England, 7 Hen. 8 occasion'd by the Convocations citing one Doctor Standish for speaking of words against their Power and Priviledge as they conceiv'd: In that Case all the Judges of England in the presence of the King, declar'd, That the King might hold his Parliament without calling them at all.
So 25 Edward 1. In respect the Prelacy would not agree with the rest of the Kingdom, in granting a reasonable and necessary Aid and Supply, they were excluded in the Parliament at Carlisle: And before that Parliament, an Act passed against several Oppressions of the Abbots, Priors, and Bishops upon the inferior Clergy of the Kingdom, by Purveyance and setting of high Prizes, &c. to be collected; and six or seven Acts more, all to this Purpose, concerning the Carriage of the Prelates to the inferior Clergy; so that when themselves were concern'd, they were excluded their Votes.
In all these Records of the Matters concerning the Clergy, the Entry is, That the King, habito tractatu, &c. with the Earls, the Barons, and other the Nobles, &c. hath agreed to this Act, Or by the assent of the Earls, Barons, and other Lay People: which shews that the Bishops did not consent, for if they had, they should have been first nam'd before the Earls and Barons: For the order of naming the Degrees of Nobility in all ancient Records, is, Prelates, Earls, and Barons.
Thus 3 Richard 2. There being Provision, The Pope should not make Presentation, &c. it is said, that the Petition of the Commons was assented to by the King, and the Lords Temporal, and was always esteem'd a firm Act of Parliament, notwithstanding the Bishops opposed the same.
Mr. Reynolds made a long Report against Protections granted by Parliament Men, and also of the Priviledge that People require, by virtue of their places of Antendance upon the King and Queen; whereupon several Resolutions did pass, which are not very material; only he concluded his said Report, by offering unto this House the Reasons from the Common Council of London; how that Money will hardly ever be got from the City, if these Protections and Priviledges be not taken away.
The House of Commons this Day took seriously into Consideration publick Affairs, and the fear of Distractions; and made an Order, that no private Business shall be taken into Consideration till Michaelmas Term next, nor private Committee to sit without special Order; and that all Witnesses now in Town, about Matters depending in Parliament, shall depart the Town till they receive further Summons.
Resolved, &c. That the Proclamation dated the 26th of January, 1633/4. made in pursuance of the Decree in the Star-Chamber of the 23d of August, 1633. for Regulating the Trade of Soapers; and two other Proclamations, the one dated the 13th of July, 1634. the other the 25th of January, 1634/5. concerning Soapers, are illegal, and tend to the Subversion of the Laws of this Realm, and are against the Liberty of the Subject.
Resolved, &c. That the Restraining of the Subjects Persons, the Examination of them upon Oaths against themselves, the imposing of Fines upon them, and the sharing of those Fines by colour of the Order of the Council-Table, dated the 18th of October, 1636. and a pretended Commission directed to Sir John Hales Knight, and John How Esquire, are illegal, and a Grievance to the Subject, and they, for the doing thereof, are Delinquents.
Resolved, That the Matters agreed upon by the Indenture of Covenants, dated the 12th of April, 1636. made between the King and Sir Henry Compton, and the rest of the Soapers at Westminster, were illegal, a great Grievance to the Subject, and of dangerous Consequence in the execution thereof.
Resolved, That those several Parties who were Covenantees with the King by the said Indenture of Covenants, are Delinquents, and ought to make amends to the Commonwealth, and to all such, as after those Covenants were entered into, were restrained from the Use of their Trades of making Soap, or sustained any loss in their Fats, Pans, or otherwise, by occasion of the Corporation of Westminster.
Resolved, That the Obligations entred into by the Soapers of London, to his Majesty, upon their Deliverance out of Prison, on the Star-Chamber Sentence, conditionally, That they would not make any more Soap, without a License from the Corporation of Westminster, were illegal, and contrary to the Liberty of the Subject.
Resolved, &c. That Sir John Hales, Francis Plowden, Fitzwilliams Conisby, Edmund Windham, John Gifford, George Vaughan, Sir Edw. Stradling, &c. shall be sent for as Delinquents, being concerned in the Soap-business.
Resolved, That a Conference be desired with the Lords, to desire them to enjoin the Marquiss of Hartford to take the Prince into his Charge, and to give his personal Attendance on the Prince, 'till the Houses give further Order; and that he suffers no Servants to be about the Prince, but such as he will be answerable for, and that this be imparted to the Lords at the Conference.
Hitherto I have proceeded by way of Diary, and follow'd the Series of Time, in representing Matters of Fact as they happen'd; but henceforwards several important Affairs intervening, will oblige us a little to deviate from that Method, and rank Occurrences of one kind together, for some good space of Time, in their particular Class; since otherwise the progress of Proceedings therein, would not be so readily understood by the Readers, as when thus cast into distinct Chapters; yet withal, as to lesser and shorter Passages, we shall still deliver them in their due precedency of Time, as before.