Commonwealth 9. And lastly ever to be held an Infamous person III. And in the Parliament 19 Jacobi Sir John Bennet Knight one of the Members of the House having been accused for Corruption in receiving divers Bribes in the execution of his judicial place of Judge of the Prerogative Court of Canterbury All which was proved to the full satisfaction of the House Ordered by the Commons House of Parliament 1. That a Warrant should issue under Mr. Speakers hand directed to the Sheriffs of London and Middlesex for the safe keeping of the said Sir John Bennet until they shall receive other directions from the Lords to whom the Commons had resolved to prefer an Impeachment against him 2. That he be put out and no longer to continue a Member thereof 3. That a Warrant be made for a Writ for a new choice for the Vniversity of Oxford IV. In the same Parliament the Commons House of Parliament for that Sir Robert Floyd had been a projector of a Patent for a Monopoly being a general grievance both in the original creation and in the execution Resolved una voce That the said Sir Robert Floyd was a person unworthy to continue a Member of this House and adjudged him presently to be put out V. Anno 3 Car. 1. Mr. John Barbour a Lawyer and Recorder of the City of Wells for subscribing a Warrant for the quartering of Souldiers though he pleaded fear yet because he would rather not lose his Place than do Justice he was thought unfit to make Laws that violates the Laws his fault being aggravated by his profession he had done well to have remembred 11 R. 2. when Belknap amongst other Judges gave his Opinion for fear unwilling to lose his Cushion when he came home he could not sleep but said I deserve three H. H. H. a Hurdle a Halter and a Hangman 1 H. 4. a Law was made that fear much less Ambition or Avarice should be no good Plea there being no hope of a Coward This may serve as an Almanack for the Meridian of England This Example will prove more and try more than 20 points of Doctrine it will strike fear circumspecta agatis Mr. Barbour was called in to answer for himself and after withdrew and Ordered 1. That Mr. Barbour be suspended the House and sequestred till the pleasure of the House be known 2. That a Committee examine the Cause and that no motion be made till that be done 3. And the Order was signified to Mr. Barbour by the Serjeant §3 Some Presidents for punishing persons that were no Members of the House for contempts à nd misdemeanors I. ANno 4 E. 6. Criketost for confederating in the escape of one Floud was committed to the Tower and afterwards discharged paying his Fees II. Complaint was made by Sir Herbert Croft of Bryan Tash a Yeoman of his Majesties Guard for keeping out of the doors of the Vpper House and Sir Herbert himself and some others of the Commons offering to come in he repulsed them and shut the door upon them with these uncivil and contemptible terms Goodman Burgess you come not here The Question moved in this was that for so great contempt whether the House of it self should proceed to punish or Address themselves to the proper Officcr the Lord Chamberlain Captain of the Guard c. And so was left for this day A President of the like contempt by a Gentleman-Usher remembred to have been questioned in this House in a Parliament in her Majesties time This day the contempt of the Yeoman of the Guard was again remembred and propounded as meet to be left to the examination and report of the Committee for Returns and Priviledges But herein an Honourable person and a special Member of the House interposed his advice that there might be some moderate course taken with respect to his Majesties Service and to the eminent and honourable Officers whom it might concern which induced the House thus far to be pleased that the Offender the next day should appear and answer his contempt at the Bar with caution and on purpose which the House did then utter that if he seemed to understand his own offence and be sorry for it and would submit himself to the pleasure and mercy of the House praying pardon and favour they would remit and discharge him and the Serjeant was commanded to attend the said Order for his appearance Bryan Tash a Yeoman of the Guard for his contempt to the House being in the custody of the Serjeant and brought to the Bar upon his submission and confession of his fault Mr. Speaker pronounced his pardon and dismission paying the ordinary Fees to the Clerk and Serjeant and in the name of the House gave him advice and warning for his better care and carriage hereafter upon any the like occasions in the course of his Service and Attendance III. Anno 18 Jac. The Commons House of Parliament adjudged Sir Francis Mitchell a Lawyer to be prisoner in the Tower for his many misdemeanors in and about the procuring of a Patent concerning the Forfeitures of Recognizances and of Alehouse-keepers and further ordered that a Serjeant at Arms should forthwith take him into his custody and that at two of the clock that Afternoon should carry him on foot through London-streets unto the Tower there to be delivered to the Lieutenant After which the Commons impeached him before the Lords who having examined his arbitrary acts great crimes and intollerable villanies by Imprisonments and the ruine of many Families all proved as may be seen in the Lords Journal The Lords agreed of the Sentence of Sir Francis Mitchell sent a Message unto the House of Commons that the Lords have proceeded against Sir Francis Mitchell upon the complaint of the Commons and they have found him guilty of many exerbitant offences and are ready to give Judgment against him if they with their Speaker will come to demand it Answered They will come accordingly with all convenient speed In the mean time the Lords put on their Robes The Commons being come and the Speaker at the Bar after low obeysance he said There was heretofore related unto your Lordships by the House of Commons a complaint of many griivances against Sir Giles Mompesson and Sir Francis Mitchell for many offences committed by them committed against the King and the Commonwealth your Lordships have proceeded with Mompesson and given Judgment also against him understanding you are ready to pronounce Judgment also against the said Sir Francis Mitchell I the Speaker in the name of the Knights Citizens and Burgesses of the Commons House of Parliament do demand and pray that Judgment be given against him the said Sir Francis Mitchell according to his demerits The Lord Chief Justice pronounced the Judgment in haec verba Mr. Speaker the Lords Spiritual and Temporal have taken into due consideration the great care and
pains taken by the Commons to inform their Lordships of the great Complaints and the qualities and natures thereof presented unto them against the said Sir Francis Mitchell and others whereof their Lordships being well prepared by them to the true understanding of the same and thereupon have proceeded to the perfect discovery thereof by examination of divers Witnesses upon Oath do find thereby Sir Francis Mitchell clearly guilty of many great crimes and offences against his Majesty and the Commonwealth and have tesolved at this time to proceed to Judgment against him for the same And therefore the Lords Spiritual and Temporal of this great and high Court of Parliament do award and adjudge 1. That the said Sir Francis shall stand and be from henceforth degraded of the Order of Knighthood with reservation of the dignity of his now Wife and Children and the ceremony of degradation to be performed by direction of this Court to the Earl Marshals Court 2. That he shall be imprisoned during the Kings pleasure in Finsbury Gaol in the same Chamber there which he provided for others the Tower where he now remaineth being a Prison too worthy for him 3. That he shall undergo a Fine of 1000 l. 4. That he shall be disabled to hold or receive any Office under the King or for the Common-wealth IV. Anno 18 Jac. The Commons after a Conference with the Lords referred the Bailment of Matthias Fowles George Geldard and other Prisoners who had been infamous Agents for Mompesson and Mitchell and by them transmitted to the Lords the Parliament being to be adjourned for some time the opinion of the Commons was that the Gaol was the best Bail for them V. Anno 20 Jac. Dr. Harris Minister of Blechingley who had misbehaved himself by Preaching and otherwise with respect to Election of Members of Parliament there and being complained of in the House and referred to a Committee the Committee was clearly satisfied that it was a high and great Offence they are of opinion he should be called to the Bar as a Delinquent to be admonished and to confess his fault there and in the Countrey and in the Pulpit of the Parish-Church on Sunday seven-night before the Sermon The Doctor was brought to the Bar and kneeled the House agreed with the Committee and Mr. Speaker pronounced Judgment upon him accordingly VI. Anno 3 Car. 1. Mr. Burgesse a Minister in Oxfordshire who had abused his Function in the duty of Catechizing by making an Interlude full of blasphemous Speeches and also in a Sermon which was made only to traduce the Puritans was sent for by a Messenger being brought to the Committee refused to answer for which he was committed 1. To the Tower 2. After petitioned for his deliverance and humbly submitted whereupon he was delivered out of the Tower VII In the same Parliament Sir William Wray Mr. Langton Mr. John Trelawnie and Mr. Edward Trelawnie being Deputy-Lievtenants of the County of Cornwall assumed to themselves a power to make whom they only pleased Knights of the Shire defamed Sir John Elliot and Mr. Corriton who stood to be chosen sent up and down the Countrey Letters for the Trained-bands to appear at the day of Election menaced the Countrey under the title of his Majesties pleasure It was Ordered 1. That Mr. Langton and Mr. John Trelawnie be committed to the Tower for their Offence done to the House there to remain during the pleasure of the House and that they make a submissive acknowledgment of their Offences 2. And Sir William Wray and Mr. Edward Trelawnie be committed to the Serjeant and so to remain till they make their Recognition in the House After all which the Question was whether the Gentlemen should make the Recognition at the Assizes in Cornwall or no And it was Ordered That the Recognition and Submission should be made in the Countrey and a Committee was appointed to draw the Recognition and they were sent to the Tower The four Gentlemen were called in to the Bar and the Speaker pronounced the Judgment upon them all that while they kneeled VIII Anno 3 Car. 1. Sir Thomas Wentworth reporteth the Business concerning the Toll granted to Levet for Bridges in Yorkshire to him and his Heirs to be holden in Soccage of East-Greenwich at 20 s. Rent with power to seize Goods c. No Grant hereof till 10 Jac. nor any fruit thereof till 15 Jac. the Bridge anciently in good repair some particularly bound to repair it This Patent adjudged by the Committee a Grievance to the Subject both in the original Creation and Execution Upon Question so adjudged here Ordered upon Question That Levet that hath peremptorily exercised a Patent here condemned the last Session for taking Toll at Bridges in Yorkshire shall be sent for by the Serjeant at Arms attending upon this House IX Anno 4 Car. 1. Mr. Rolls a Merchant and a Member of the House informed the House that his Goods were seized by the Customers for refusing to pay the Customs by them demanded although he told them he would pay what was adjudged to be due by Law It was ordered that the Officers of the Custom-house should be sent for X. Sir John Elliot reported from the Committee for the Examination of the Merchants business That the Committee finding Acton Sheriff of London in prevarications and contradictions in his Examination which being conceived to be a contempt to the House he desires he might be sent for to answer his contempt Mr. Goodwyn The Sheriff acknowledgeth his error and humbly desireth so much favour that he may once again be called before the Committee and if he give not full content by his answer he will refer himself to the wisdom and justice of the House Sir Walter Earl seconded this motion so did Alderman Moulson Secretary Cook Chancellor of the Dutchy and some others but this offence being declared to be so great and gross and that the Committee had given him so many times to recollect himself and he being so great an Officer of so great a City had all the favour that might be and yet rejected the same and carried himself in a very scornful manner Wherefore it was ordered he should be sent for unto the House as a Delinquent to morrow morning Sheriff Acton was called to the Bar as a Delinquent upon his knees and said If he hath erred it was through want of memory or through ignorance for he intended not the least dislike or distaste to any Member of the House and withdraws Mr. Long. I shall move that he be sent to the Tower Mr. Littleton You see the affronts by Books by Preaching by Rumours by being served with Process these scorns are daily put upon us that we are become but a meer scare-crow the neglect of our duty is the cause of this it is high time to remedy this or it is in
Miscellanea Parliamentaria CONTAINING PRESIDENTS 1. Of Freedom from Arrests 2. Of Censures 1. Upon such as have wrote Books to the dishonour of the Lords or Commons or to alter the Constitution of the Government 2. Upon Members for Misdemeanours 3. Upon persons not Members for Contempts and Misdemeanours 4. For Misdemeanours in Elections Besides other Presidents and Orders of a various Nature both of the House of Lords and Commons With an APPENDIX Containing several Instances wherein the Kings of England have consulted and advised with their Parliaments 1. In Marriages 2. Peace and War 3. Leagues And other Weighty Affairs of the Kingdom By William Petyt of the Inner-Temple Esq London Printed by N. Thompson for T. Basset at the George and J. Wickins at the White Hart in Fleetstreet 1680. TO William Williams Esq SPEAKER OF THE HONOURABLE HOUSE OF Commons The AUTHOR Humbly Dedicates these his Miscellanea Parliamentaria THE CONTENTS FErrers Case Pag. 1. § 1. Some few Presidents against such as have Wrote Books to the Dishonour of the Lords and Commons and the Subversion of the Government Pa. 12. § 2. Some Presidents wherein the House of Commons have for Misdemeanours turned out and discharged their Members Pa. 90. § Some Presidents for punishing Persons that were no Members for Contempts and Misdemeanours Pa. 96. § 4. Some Presidents for punishing Misdemeanours in Elections Pa. 111. § Some Miscellaneous Presidents and Orders both of the House of Lords and Commons p. 137. An Appendix Or A Collection of some few Records and Presidents out of many other of the like Nature whereby it appears That the Kings of England were pleased to consult and advise with their Parliaments de arduis negotiis Regni of the weighty and difficult Affairs of the Kingdom p. 221 THE PREFACE I Have seen saith Stephen Gardiner who was Dr. of Laws Bishop of Winchester and after Lord Chancellour of England the Councel much astonished when the King would have done somewhat against an Act of Parliament It was made then a great matter The Lord Cromwel had once put in the Kings our late Sovereign Lords Head to take upon Him to have His Will and Pleasure regarded for a Law for that he said was to be a very King and thereupon I was call'd for at Hampton-Court and as the Lord Cromwel was very Stout come on my Lord of Winchester quoth he for that conceit he had whatsoever he talked with me he knew ever as much as I Greek or Latine and all Answer the King here quoth he but speak plainly and directly and shrink not man Is not that quoth he that pleaseth the King a Law Have ye not the Civil-Law therein quoth he Quod principi placuit and so forth quoth he I have somewhat forgotten it now I stood still and wondered in my Mind to what Conclusion this should tend The King saw me musing and with earnest gentleness said Answer him whether it be so or no I would not answer my Lord Cromwel but delivered my Speech to the King and told him I had read indeed of Kings that had their Will always received for a Law but I told him the Form of his Reign to make the Laws his Will was more sure and quiet and by this Form of Government ye be established quoth I and it is agreeable with the Nature of your People If ye begin a new manner of Policy how it will frame no man can tell and how this frameth ye can tell and would never advise your Grace to leave a certain for an uncertain The King turned his Back and left the matter after till the Lord Cromwel turn'd the Cat in the Pan afore Company when he was angry with me and charged me as though I had played his part This Tale is true and not without purpose to be remembred So far the Bishops Letter And from it and other passages in History I shall raise four Observations That it was a general Rule and Principle in most great Ministers of State or as the old Word was Minions to flatter and poison Princes minds with Absolute and Despotical Power not for the Honour or good of the Crown for that can never be but for their particular Advantages that Themselves might Reign and be Sovereigns over their Masters And indeed not only of our own Country but of others Historians are full of the sad and woful Effects thereof in most Ages which makes me frequently revolve the melancholly Contemplation of Cardan Inter fures scurras adulatores constitutus est princeps a furibus bona diripiuntur a scurris mores corrumpuntuh ut quisque melior est ex aula abigitur ab adulatoribus veritas summum inter mortales bonum ablegatur unde miseri principes propter has larvas in Cimmeriis ignorantiae tenebris perpetuo vivunt O miseram principum sortem qui nunquam norunt quali in statu res suae positae sint adeo vero aures principum emollitae sunt ut ad veritatis nomen tanquam ad Nili cataractas obsurdescant This pessima gens humani generis always abhorred a Parliament and the reason thereof is demonstrative because they well knew they should then be called to an impartial and strict account and be punished according to their demerit as de facto it appears in the Cases of the Lord Cromwel after Earl of Essex and the Protector the Duke of Somerset mentioned in the Bishop's Letter that they were questioned in Parliament although possibly the proceedings therein against them were managed with too much Violence and artifice by the malice and policy of their Enemies And no man in all points can justifie the acts of all Councels whether Ecclesiastical or Civil The first was attainted of High-Treason in the Parliament 32. H. 8. amongst other Crimes 1. For Vsurping upon the Kingly Estate Power Authority and Office 2. For having the Nobles of the Realm in great disdain derision and detestation 3. And further also being a person of poor and low degree as few were within the Realm pretended to have so great a stroke about the King that he lett it not to say publish and declare That he was sure of the King which was detestable and to be abhorred amongst all good Subjects in a Christian Realm that any Subject should enterprize to take upon him so to speak of his Sovereign Leige Lord and King The second was in the Parliament 3 and 4 E. 6. Fined and Ransomed amongst other Offences 1. For desiring the Rule Authority and Government of the King and Realm by himself only and getting the Protectorship 2. That by his own Authority he did stay and lett Justice and subverted the Laws as well by Letters Patents as by his other Commandments 3. He rebuked checked and taunted as well privately as openly divers of the Privy Counsel for shewing and declaring their advices and opinions against his purpose in weighty Affairs
telling them they were unworthy to sit in Councel That he needed not to open matters to them and that he would be otherwise advised thereafter and if they agreed not with his Opinion he would put them out and take in others at his Pleasure 4. That he had held against the Kings Laws in his own House a Court of Requests and forced divers to answer for their Free-holds and Goods to the subversion of the Law 5. That he had without Advice of the Counsel disposed of Offices for Money 6. That he would not suffer New-haven and Blackness to be furnished with Men and Victuals although advertized of their defects whereby the French King was comforted and encouraged to invade and win them to the dishonour of the Realm 7. And whereas the Privy-Counsel had out of their Love and Zeal for the King and Realm consulted at London to come to the Duke to move him charitably to amend and reform his Doings and Mis-government he caused to be declared by Letters in divers places the Lords to be High-Traytors to the great disturbance of the Realm And further declared That the Lords endeavoured to destroy the King to the intent to make Sedition and Discord between the King and Lords 8. The Duke at Hampton-Court and Windsor declared these Speeches The Counsel at London do intend to kill me But if I die the King shall die with me and if they famish me they shall famish the King and so conveyed the King suddenly in the Night to Windsor whereby he got a Disease 9. He assembled great numbers in Arms and after minding to fly to Jersey or Wales laid Post-Horses about and Men for the same Intent All which Offences and Crimes the said Duke acknowledged and submitted himself to the King After which passed the Act That for his said Offences and Crimes he should forfeit a great many Manors which the Crown had given him To bring it to the Relation made by the Bishop not without purpose to be remembred how dangerous a thing it was to break the Law or an Act of Parliament The Bishop thus further expresseth in the same Letter Now whether the King may command against an Act of Parliament and what danger they may fall in that break a Law with the King's consent I dare say no man alive at this day hath had more experience with the Judges and Lawyers then I First I had experience in my old Master the Cardinal who ohtained his Legacy by our late Sovereign Lord's request at Rome and in his sight and knowledge occupied the same with his 2 Crosses and Maces born before him many years yet because it was against the Laws of the Realm the Judges concluded it the Offence of the premunire which conclusion I bare away and take it for a Law of the Realm because the Lawyers so said but my reason digested it not The Lawyers for confirmation of their doings brought in a Case of the Lord Tiptoft as I remember a jolly Civilian he was Chancellor to the King who because in the execution of the King's Commission he had offended the Laws of the Realm he suffered on Tower-Hill they brought in Examples of many Judges that had Fines set on their Heads in like Case for doing against the Law of the Realm by the King's Commandment and then was brought in the Judges Oath not to stay any Process or Judgment for any Commandment from the King's Majesty And one Article against my Lord Cardinal was That he had granted Injunctions to stay the Common Law and upon that occasion Magua Charta was spoken of and it was made a great matter the stay of the Common-Law and this I learned in that Case sithence that time being of the Counsel when many Proclamations were devised against the Carriers out of Corn at such time as the Transgressors should be punished the Judges would answer it might not be by the Laws whereupon ensued the Act of Proclamation in the passing of which Act many siberal Words were spoken and a plain Proviso That by Authority of the Act for Proclamation nothing should be made contrary to an Act of Parliament or Common-Law When the Bishop of Exeter and his Chancellour were by one Body brought in a praemunire which my Lord Privy-Seal cannot forget I reason'd with the Lord Audley then Chancellor so far as he bad me hold my peace for fear of entring into a praemunire my self whereupon I stayed but concluded it seemed to me strange that a man authorized by the King as since the King's Majesty hath taken upon Him the Supremacy every Bishop is such a one could fall in a praemunire after I had reason'd the matter once in the Parliament-House where was free Speech without danger and there the Lord Audley to satisfie me familiarly because I was in some secret estimation as he then knew Thou art a good fellow Bishop quoth he which was the manner of his familiar Speech look the Act of Supremacy and there the King's doings be restrained to spiritual Jurisdictions And in another Act it is provided That no spiritual Law shall have place contrary to a common Law or Act of Parliament And if this were not quoth he you Bishops would enter in with the King and by means of his Supremacy order the Laity as ye listed but we will provide quoth he that praemunire shall ever hang over your Heads and so we Lay-men shall be sure to enjoy our Inheritance by the Common Laws and Acts of Parliament My fourth Observation is this It had been well for the Protector to have remembred the good and wholsom Advice the Bishop gave him that great Man had not lost his Head for being indicted in Michaelmas-Term 5. E. 6. upon a Statute made 3 and 4 of that King For the punishment of unlawful Assemblies and raising of the Kings Subjects And one of the main points in the indictment was that Felonice he designed to take and imprision John Earl of Warwick being one of the Privy-Council of which he was found guilty by his Peers and after suffered Death thereupon To conclude whose sad Fate I shall add the Preamble of an Act of Parliament more memorable because in a Subsidy Act yet common in that and former and succeeding Ages as may appear For instances Rot. Parl. 4. H. 8. and by Rastals Statutes 35. H. 8. cap. 12 27. 2 and 3. E. 6. cap. 26. 5. Eliz. cap. 27. 8. Eliz. cap. 18. 23. Eliz. cap. 15. 29. Eliz. cap. 8. 31. Eliz. cap. 15. 35. Eliz. cap. 13. 39. Eliz. cap. 27. 43. Eliz. cap. 18. and 3. Jacobi cap. 26. wherein the State of the Kingdom both Ecclesiastical and Civil and the Transactions of Foreign Affairs are Historically set down and taken notice of by the Parliament and inserted into the Preambles of those Acts. An ACT for the Grant of a Subsidy and two Fifteens and Tenths granted to the King's Majesty by the Temporality WE the Kings
Highness's most Faithful and Obedient Subjects the Lords and Commons in this present Parliament assembled Considering and certainly perceiving by divers means the earnest Good-will and Purpose that our said Sovereign Lord hath to preserve maintain and continue Us his Natural Subjects in this most Fortunate Peace whereunto after many Storms and Tempests of the Wars His Majesty hath by the Goodness of God restored Us Do also notwithstanding his Majesties great Care and politick Means used for the recovery thereof easily perceive how hard it shall be for His Highness to continue and kéep us therein during the time of this troublesom state of Christendom being as it were lamentably cut and torn in pieces and Factions of War except his Highness be restored to a further Estate and Furniture of Treasure meet for the Defence of these His Realms Dominions And Subjects and like to other Princes having such large Realms Dominions and People the lack and want whereof as we know shall chiefly redound to all our Losses and Detriments which must be defended and preserved by the Puissant Power and Might of our Sovereign Lord and Head not by the multitude of our private Riches and Strength at Home So also have We séen of late years plainly before Our Eyes and felt in a great part of Our sorrowful hearts the very Principal Chief and first Causes of this lack during the time of the woful mis-governance of this Noble Realm and other the King's Dominions by the late Protector Duke of Somerset to whom Almighty God grant his Mercy who first of his insatiate ambition contrary to the advices of all Wise and Good Councellors having gotten into his hands the sole Governance of the most Sacred Person of our Sovereign Lord and consequently the Protectorship of all his Highness's Realms and Dominious immediately to lay a fit Foundation for his unhappy and unskilful Government brought the King's Majesty whom he took by pretence to Govern being left by His Highness's Father of most Famous Memory in tender Years but yet in Peace suddenly into open Hostility and Wars against two puissant Realms at once considering neither the Ability to begin nor means to continue them wherein following always his own singularity by stirring and increasing of new Quarrels and Causes of War by unadvised Invasions by desperate Enterprises and Uoyages by sumptuous endless vain Fortifications both in Foreign Realms and in the Seas by bringing into the Realm of costly and great numbers of Strangers Men of War and such other innumerable vain Devices he did not only Exhaust and utterly Waste the King's Majestie 's Treasures and Revenues of His Crown and of Us His Highness's Subjects but also endangered His Majestie 's Credit beyond the Seas with divers strange Merchants by taking up and borrowing great Sums of Money growing from time to time more and more indurable which Gate of Misery being so wide open We all know and the best part of Us felt what a heap of Calamities fell upon all the Realm immediately Yea and to this day what Prests and Memory thereof remaineth not wholly yet filled up First the King's Majesties Treasure of all sorts wasted the great substance of the Moneys melted and altered in base Coyn for the serving of the Charge of these Wars the Laws and ancient Policies of this noble Realm dissolved and unjoyned and by Examples thereof the whole state of Ireland endangered with Factions and Rebellions wherein no small Sums of Treasure were also wasted in Armies and Fortifications part whereof remains unto this day of necessity In the midst of all these miseries by the suffering of the said late Protector rose up a monstrous and dangerous Rebellion of the lewd numbers and baser multitudes against their Heads the withstanding and happy stay whereof although it came through the mercifulness of God by the labour and fortitude of others worthy eternal Praise subduing the headless raging people in sundry parts of the Realm delivering Us the King's Majesties Natural Subjects out of our unnatural Subjection to him that ruled Us with disorder And finally restoring the Royal Person of the King's Highness to the Fréedom of His Princely Estate and consequently to an Honourable Peace with his Enemies Yet could not hitherto the great Breach and Ruine of the King's Majestie 's Estate touching his Treasure be repaired or re-enforced which consequently followed upon the first Foundations broken although in other points of the decay thanked be God the King's Majesties own marvellous Intelligence with the Industry of good Conncellors hath notably supplied and amended the defaults And as these former Errors brought His Majesty into utter wasts of His own Treasure and Riches into the Expences of Our Subsidies granted for the same Wars though nothing answerable to the Expence of the same Finally into notable and immeasurable Charges beyond the Seas Provisions of Money taken up in time of Wars so yet to the increase of this former sore We remember and perceive also that there were very great Charges left by the late King of famous Memory by reason of his Wars to be discharged as well beyond Sea towards strangers as on this side towards his own Subjects which of their nature beyond the Seas for lack of payment did grow excessively besides the late evident great Charge and Loss sustained by the Kings Majesty for the only Profit of His publick Weal in the reducing of part of His Coyn from a notable baseness unto a fine Standard by the which His Majesty lacketh a great private Gain in his Mints being now worth no Revenue at all but rather chargable and the rest of which Coyn we trust He will shortly reduce to like fineness All which things We His Majesties Faithful and natural Loving Subjects weighing with Our selves and considering divers great weighty matters hereupon depending for the preservation of this Ancient Noble and Imperial Crown Albeit We see manifestly before Our Eyes Our Sovereign Lord the Kings Majesty disposed of His good Nature rather daily to diminish the Revenue of His Crown lately angmented by His Father of most famous Memory towards the unburthening of His great intollerable Weights and Charges lying and growing in strangers hands beyond the Seas then to call upon us His natural Subjects and People like as we daily hear and know that all other most Christian Princes do in Causes of less Importance and like His Majesties noble Progenitors have always done in such Cases heretofore Yet for the preservation of Our selves and Our Posterity in this Peace and Wealth whereunto We have by the great Charges of Our Sovereign Lord been blessed brought for the maintenance and upholding of the Crown and Dignity Imperial of this Noble Realm in Honour and Might against all Attempts of Foreign and Ancient Enemies for the Restauration of this decayed House of the Commonwealth having suffer'd violation and ruine by exile of Justice in the former time of the aforesaid evil Governance For the comforting and encouraging of
our most Christian King in His blessed and famous Purposes and Proceedings to the establishing both of true Christian Religion in this His Church of England and Ireland and of a Christian Policy in the civil State of the same c. and after they granted the Subsidies It is far from my thoughts to delight in raking into the misfortunes of any much less of great men but in all Ages it hath been allowed to publish the Memoirs of ill men to the intent to deter Posterity from acting and committing such Crimes and Offences which we find were severely punished both by God and Men. And whoever will take the pains to run over the ancient Historians and Records of the Kingdom will find that the Troubles in Richard the 1st's time the Barons Wars the Confusions in E. 2 d's time the woful Distractions in the Reign of R. 2. and H. 6. had their source and rise from one grand Cause the extravigant and insufferable Dominion and Power of Minions or Favourites with their Partisans which K. James rightly calls Pests and Vipers of a Common-wealth who notwithstanding their spetious glosses and pretences of Loyalty to the Crown rather then suffer themselves to be questioned and punished by Law for their Arbitrary and Illegal Acts Resolved to run the hazard of and see the ruine and destruction both of Prince and People My Lord Bacon after he was Sentenced in Parliament meeting with Sir Lionel Cranfield after Earl of Middlesex whom King James had then newly made Lord Treasurer My Lord Bacon having first congratulated his advancement to so Eminent a Place of Honour and Trust told him between jest and earnest That he would recommend to his Lordship and in him to all other great Officers of the Crown one considerable Rule to be carefully observed which was to Remember A Parliament will come I do not believe that his Lordship had the Spirit of Divination But certain it is that two years after in the Parliament 21. and 22. of that King the Commons Impeached the Earl for what and what the Judgement was thereupon hear the Record Messuage sent to the Commons by Mr. Serjeant Crew and Mr. Attorney General viz. That the Lords are now ready to give Judgment against the Lord Treasurer if they with their Speaker will come and demand the same Answered They will attend presently The Lords being all in their Robes the Lord Treasurer was brought to the Bar by the Gentleman Usher and the Serjeant at Arms his Lordship made low obeysance and kneeled until the Lord Keeper willed him to stand up The Commons with their Speaker came and the Serjeant attendant on the Speaker presently put down his Mace The Speaker in their Name to this Effect viz. The Knights Citizens and Burgesses in this Parliament assembled heretofore transmitted unto Your Lordships several Offences against the Right Honourable Lionel Earl of Middlesex Lord High Treasurer of England for Bribery Extortion Oppressions and other grievous Misdemeanours committed by his Lordship And now the Commons by me their Speaker demand Judgment against him for the same The Lord Keeper Answered The High-Court of Parliament doth adjudge 1. That Lionel Earl of Middlesex now Lord Treasurer of England shall lose all his Offices which he holds in this Kingdom and shall be made for ever uncapable of any Office Place or Imployment in the State and Commonwealth 2. And that he shall be Imprisoned in the Tower of London during the Kings pleasure 3. And that he shall pay unto our Sovereign Lord the King the Fine of 50000 l. 4. And that he shall never sit in Parliament more 5. And that he shall never come within the Verge of the Court. Ordered That the Kings Councel draw a Bill and present the same to the House to make the Lands of the Earl of Middlesex liable unto his Debts unto the Fine to the King unto Accompts to the King hereafter and to Restitution to such whom he had wronged as shall be allowed of by the House So that the familiar saying of my Lord Coke is very remarkable That no Subject though never so Potent and Subtile ever confronted or justled with the Law of England but the same Law in the end infallibly broke his Neck THE CASE OF George Ferrers Esq IN the Lent Season whilst the Parliament yet continued one George Ferrers Gent. Servant to the King being elect a Burgess for the Town of Plimouth in the County of Devon in going to the Parliament-house was Arrested in London by a Process out of the Kings-Bench at the Suit of one White for the sum of two hundred Marks or thereabouts wherein he was late aforecondemned as a Surety for the Debt of one Welden of Salisbury which Arrest being signified by Sir Thomas Moyle Kt. then Speaker of the Parliament and to the Knights and Burgesses there order was taken that the Serjeant of the Parliament called S. J. should forthwith repair to the Compter in Breadstreet whither the said Ferrers was carried and there to demand delivery of the Prisoner The Serjeant as he had in charge went to the Compter and declared to the Clerks there what he had in commandment But they and other Officers of the City were so far from obeying the said Commandment as after many stout words they forcibly resisted the said Serjeant whereof ensued a Fray within the Compter-gates between the said Ferrers and the said Officers not without hurt of either part so that the Serjeant was driven to defend himself with his Mace of Armes and had the Crown thereof broken by bearing off a stroke and his Man strucken down During this Brawl the Sheriffs of London called Rowland Hill and H. Suckley came thither to whom the Serjeant complained of this injury and required of them the delivery of the said Burgess as afore but they bearing with their Officers made little account either of his Complaint or of his Message rejecting the same contemptuously with much proud language So as the Serjeant was forced to return without the Prisoner and finding the Speaker and all the Knights and Burgesses set in their places declared unto them the whole Cause as it fell out who took the same in so ill part that They all together of whom there was not a few as well of the Kings Privy-Councel as also of his Privy-Chamber would sit no longer without their Burgess but rose up wholly and repaired to the Vpper House where the whole case was declared by the mouth of the Speaker before Sir T. Audley Kt. then Lord Chancellor of England and all the Lords and Judges there assembled who judging the Contempt to be very great referred the punishment thereof to the Order of the Common House They returning to their places again upon new debate of the Case took order that their Serjeant should eftsoon repair to the Sheriffs of London and require delivery of the
must without doubt fall upon them But to return back V. Anno 3 Caroli primi Dr. Manwaring was impeached in Parliament by the Commons for preaching and printing several Sermons with a wicked and malicious intention to seduce and misguide the Conscience of the King touching the observation of the Laws and Customs of this Kingdom and the Rights and Liberties of the Subjects thereof and to incense his Royal Displeasure against his Subjects and to scandalize subvert and impeach â—he good Laws and Government of this Realm and the Authority of the High Court of Parliament to alien his Royal Heart from his People and to cause Jealousies Seditions and Divisions in the Kingdom Whereupon he had Judgment 1. To be imprisoned during pleasure of the House of Lords 2. Was fined a 1000 l. to the King 3. To make such submission and acknowledgment of his Offences in writing both there and at the Bar of the Commons House 4. Suspended for the term of 3 years from exercising the Ministry 5. Foâ— ever disabled to preach at Court 6. That he should be for ever disabled to have any Ecclesiastical Dignity or Secular Office 7. That his said Books were worthy to be burnt and that for the better effecting of that his Majesty was to be moved to grant a Proclamation to call them in to be burnt in London and both the Vniversities and to prohibit their Reprinting This was the Judgment of the Lords The Doctor made his submission upon his knees first at the Bar of the House of Lords and after on his knees at the Bar of the House of Commons His Submission was this I do here in all sorrow of heart and true repentance acknowledge those many Errors and Indiscretions which I have committed in preaching and publishing those two Sermons of mine I call Religion and Allegiance and my great fault in falling upon this Theam again and handling the same rashly scandalously and unadvisedly in mine own Parish-Church in St. Giles in the Fields the 4th of May last past I do humbly acknowledge those three Sermons of mine to be full of many dangerous passages and inferences and scandalous aspersions in most parts of the same And I do humbly acknowledge the Justice of this Honourable House in that Sentence and Judgment pass'd upon me for my great offence and I do from the bottom of my heart crave pardon of God the King this Honourable House the Church and the Commonwealth in general and those worthy Persons reflected upon by me in particular for these great Errors and Offences Roger Manwaring After all which the Lords ordered the Bishop of London to suspend him according to the Clause expressed in the part of the Judgment against him The Doctor after got a Pardon and was made a Bishop which occasioned great Disturbances in the House of Commons in 4 Car. 1. The Charge and Articles against the Doctor drawn out of his own Books Article I. 1. That his Majesty is not bound to keep and observe the good Laws and Customs of the Realm concerning the Right and Liberty of the Subject to be exempted from all Loans Taxes and other Aids laid upon them without common Consent in Parliament 2. That his Majesties Will and command in imposing any charges upon his Subjects without such consent doth so far bind them in their consciences that they cannot refuse the same without peril of eternal damnation Article II. 1. That these Refusers had offended against the Law of God 2. Against the Supreme Authority 3. By so doing were become guilty of impiety disloyalty rebellion disobedience and liable to many other Taxes Article III. 1. That Authority of Parliament is not necessary for the raising of Aids and Subsidies 2. That the slow proceedings of such Assemblies are not fit to supply the urgent necessity of the State 3. That Parliaments are apt to produce sundry impediments to the just designs of Princes and to give them occasion of displeasure and discontent It was a saying of Themistius in his Consular Oration to Jovinian the Emperor that Some Bishops did not worship God but the Imperial purple This Dr. as I said before after this so solemn a Judgment did in the time of Prorogation between 3 4 Car. 1. get a Pardon and not only so but the Bishoprick of St. Davids which occasioned great debates and disturbances in the Parliament when they reassembled again the power and validity of his Pardon being brought in question and several times argued but the dissolution of the Parliament put an end to the dispute for that time But in the Parliament before the Long Parliament of 1640. the Lords highly resented it as may appear by following proceedings This day was read the Declaration of the House of Commons made tertio Caroli Regis against Dr. Manwaring since Lord Bishop of St. Davids and likewise the Sentence pronounced against him by the Lords Spiritual and Temporal in the High Court of Parliament which is committed to the consideration of the Lords of the Grand Committee for Priviledges and it was moved that what can be alledged on the Lord Bishop of St. Davids part either by Pardon License or otherwise that it may be produced and seen at the sitting of the Lords Committees for theirfull and clear understanding and better expedition in the business Having taken into consideration the business concerning Dr. Manwaring it was ordered that upon Munday next the Records be brought into the House that the House may determine the Cause touching Dr. Manwaring The business appointed this day concerning Dr. Manwaring is referred until to morrow morning viz. 28 Aprilis The Lord Keeper by command from his Majesty was to let their Lordships know that his Majesty had understood that there was some question concerning Doctor Manwaring now Bishop of Saint Davids and that his Majesty had given command that the said Dr. Manwaring shall not come and fit in Parliament nor send any Proxy to the Parliament thereupon it was ordered to be entred so And between that and the next Parl. as I am informed he died VI. Anno 3 Caroli primi Dr. Mountague was complained of in the House of Commons for writing and publishing several Tenents tending to Arminianism and Popery and that he had committed a contempt against the House Heli the Priest who teaching from without Corrupted Faith bound under Laws of might Not feeling God but blowing him about In every shape and likeness but the right We are to desire to conform our selves to former Parliaments this Cause began here 21. Jac. and then it was commended to the Archbishop But after it was so far from cure that another Book of Appeal came out and the Parliament 1 Caroli sent to the Archbishop to know what he had done who said he had given Mountague Admonition and yet he Printed that second Book without his consent and so it was then debated and the
vain to sit here The Sheriff is again called to the Bar on his knees and sentenced to the Tower XI A Petition was preferred against one Lewis who said about the 25th of December The Devil take the Parliament which was avowed by two witnesses And although it was spoken out of Parliament yet it was resolved to be an offence to the Parliament And it was ordered he should be sent for § 4. Some Presidents for punishing of Misdemeanours in Elections I. IN the Parliament of the 18. of King James the Mayor of Winchelsey for misbehaving of himself at the Election of Parliament-men for that Town and making a false Return It was Resolved upon the Question 1. That the Mayor of Winchelsey had committed a Contempt and Misdemeanour against this House and therefore shall stand committed to the Serjeant till Saturday morning then making his Submission here at the Bar to be discharged of any further punishment here 2. But to make his Acknowledgment in the Town before the new Election II. Anno 20 Jac. Upon the Report of Mr. Glanvile concerning the Burrough of Arundel because the Mayor had misbehaved himself in the Election by putting the Town to a great deal of Charge not giving a due and general warning but packt a number of Electors It was Resolved 1. The Mayor not being in Town a Warrant be sent for him 2. Resolved upon another Question that Mr. Alford Mr. Bing and Mr. Lathorn shall set down the Charges III. Anno 21 Jac. Mr. Glanvile reports the Misdemeanour of the under-Sheriff of Cambridgshire who refused the Pole declaring Sir Thomas Steward promised him to defend him against Sir John Cutts and told him he should have no wrong nor damage Resolved upon the Question That this under-Sheriff shall be committed to the Serjeant's Custody till Thursday next Resolved also upon the Question That making his Submission at the Bar and acknowledging his offence he shall be discharged from any further punishment in this place Resolved also upon a third Question That the under-Sheriff shall make a further Submission openly at the next Quarter-Sessions to be holden in the County and acknowledge his faults Edward Ingry brought to the Bar and kneeling upon his knees Mr. Speaker denounced upon him the Judgment of the House IV. Mr. Hackwell reports from the Committee about the Sheriffs of York and others for the Election of Sir Thomas Savill The two Sheriffs and two Aldermen are Delinquents one of the Sheriffs and one of the Aldermen are most faulty Sheriff Thompson had committed two offences First his hasty and precipitate Judgment of the Election to prevent the Election of Hoy Secondly in denying the Poll being required First his hasty and precipitate Judgment was done without acquainting his fellow Sheriff and it was within a quarter of an hour after the reading of the Writ and half an hour after nine a clock and while he was doing of it he was admonished and told that he could not answer it and that he might defer it yet he did obstinately proceed and answered them frowardly and said he would do it and that he would justifie it His excuse was thus that it was indeed suddenly done but it was done so formerly But to that it was replied That never before above two were in Election Secondly he answered That it was not of his own head but some Aldermen advised it but that was Alderman Cooper a Delinquent for that offence For the other offence in denying the Poll after it was demanded and that was before he had pronounced any Judgment but he was willing that Robinson should have the Poll for he knew he could not carry it but he refused Hoy and he was required ten times but gave no answer at all His behaviour before the Committee was impudent and he would answer nothing directly The Committee found this man to be an engaged man and that he was promised to be saved harmless For Alderman Henlow he procured the Company of Taylors two days before the Election and published Sir John Savill's Letters and pressed it and upon some he pressed it so much that they should elect Sir Thomas Savill and said the Parliament will not hold He dealt with the Sheriffs also and told them divers words of Sir John Savill that he would take it very ill and said he if you will choose Sir Thomas Savill you shall be saved harmless Also he endeavoured to procure a Certificate that Sir Thomas Savill was duly elected when any refused he said they were factious Fellows and otherwise threatned The Committee censured Sheriff Thompson and this Alderman Henlow First that they should stand committed to the Serjeant during pleasure Secondly that they should acknowledge their offences at the Bar in the full House and pay all due Fees before they be discharged Also they should defray all the charges of the Witnesses of Alderman Hoy to be assessed by four of the Committee And that they should make acknowledgement of their fault before the Court of Aldermen at York and that the Mayor should certifie their submission to the House As for Alderman Cooper he assembled the Company of Merchants and read Sir John Savill's Letter for the Election of his Son and also he at the Election perswaded the Sheriff to give Judgment Sheriff Atkins was only passive and did not refuse to joyn with the other Sheriff As for the point of charges given to the Witnesses of Hoy it was doubtful and objected against by some whether it lay in our power But it was replied That in every Court it is necessary to have power to impose Fines and why we should want power for offences that lye in our cognizance is not to be questioned else the party that is duly elected and that justifies the free Election and maintains the freedom and liberty of the Common-wealth shall be more punished then the Delinquent Also we have power to imprison which is more then a Fine Also we have as much as the Lords House in those things that lye in our Jurisdiction 13 Eliz. 10 Maii The Mayor of Westbury in Wiltshire took 4 l. for a Return Mr. Long fined 20 l. and ordered to bring in a Bond made him for a greater sum 23 Eliz. 5 Januar. Mr. Arthur Fall writ a Book to the dishonour of this House It was ordered that the Serjeant should go to apprehend him assisted by two Knights of this House 14 Febr. he was brought to the Bar and sent to the Tower and fined 500 Marks and expelled the House and kept in the Tower six months 23 Eliz. 18 Martii a Fine was assessed on every one that was absent without leave 6 H. 8. cap. 16. our Clerks Book is termed a Record 21 Jac. the Election of the Burgess of Arundel in Sussex and there it was ordered that the Witnesses charges should be born And then there was 10 l. paid down by one a
in divers Places assembled and required to lend certain sums of Money unto your Majesty and many of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Laws or Statutes of this Realm and have been constrained to become bound to make appearance and give attendance before your Privy Councel and in other Places and others of them have been therefore imprisoned confined and sundry other ways molested and disquieted and divers other Charges have been laid and levied upon your People in several Counties by Lord Lievtenants Deputy Lieutenants Commissioners for Musters Justices of Peace and others by Command or Direction from your Majesty or your Privy Councel against the Laws and free Customs of the Realm And where also by the Statute called the Great Charter of the Liberties of England it is declared and Enacted That no Freeman may be taken or imprisoned or be disseised of his Freehold or Liberties or his free Customs or be Outlawed or Exiled or in any manner destroyed but by the lawful Judgment of his Peers or by the Law of the Land And in the 28th year of the Reign of K. Edward the III. it was Declared and Enacted by Authority of Parliament That no man of what Estate or Condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disinherited nor put to death without being brought to answer by due process of Law Nevertheless against the tenour of the said Statutes and other the good Laws and Statutes of your Realm to that end provided divers of your Subjects have of late been imprisoned without any cause shewed and when for their deliverance they were brought before your Justices by your Majesties Writs of Habeas Corpus there to undergo and receive as the Court shall order and their Keepers commanded to certifie the causes of their detainer no cause was certified but that they were detained by your Majesties special Command signified by the Lords of your Privy Councel and yet were returned back to several Prisons without being charged with any thing to which they might make answer according to the Law And whereas of late great company of Souldiers and Mariners have been dispersed into divers Counties of the Realm and the Inhabitants against their wills have been compelled to receive them into their Houses and there to suffer them to sojourn against the Laws and Customs of this Realm and to the great grievance and vexation of the People And whereas also by Authority of Parliament in the 25th year of the Reign of K. Edward the III. it is Declared and Enacted That no man should be forejudged of Life or Limb against the form of the great Charter and the Law of the Land and by the said great Charter and other the Laws and Statutes of this your Realm no man ought to be adjudged to death but by the Laws established in this your Realm either by the Customs of the same Realm or by Acts of Parliament And whereas no Offendor of what kind soever is exempted from the Proceedings to be used and Punishments to be inflicted by the Laws and Statutes of this your Realm nevertheless of late divers Commissions under your Majesties Great Seal have issued forth by which certain persons have been assigned and appointed Commissioners with Power and Authority to proceed within the Land according to the Justice of the Martial Law against such Souldiers and Mariners or other dissolute persons joyning with them as should commit any Murther Robbery Felony Mutiny or other Outrage or Misdemeanour whatsoever and by such summary Course and Order as is agreeable to Martial Law and as is used in Armies in time of War to proceed to the Tryal and Condemnation of such Offendors and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have been by some of the said Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by no other ought to have been judged and executed And also sundry grievous Offendors by colour thereof claiming an exemption have escaped the Punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Officers and Ministers of Justice have unjustly refused or forborn to proceed against such Offendors according to the same Laws and Statutes upon pretence that the said Offendors were punishable only by Martial Law and by Authority of such Commissions as aforesaid which Commissions and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm They do therefore humbly pray your most Excellent Majesty that no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like Charge without common Consent by Act of Parliament and that none be called to make answer or take such Oath or to give attendance or be confined or otherwise molested or disquieted concerning the same or for refusal thereof and that no Freeman in any such manner as is before mentioned be Imprisoned or Detained And that your Majestie would be pleased to remove the said Souldiers and Mariners and that your People may not be so burthened in time to come And that the foresaid Commissions for proceeding by Martial Law may be revoaked and adnulled And that hereafter no Commissions of like nature may issue forth to any Person or Persons whatsoever to be executed as aforesaid least by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and Franchises of this Land All which they most Humbly Pray of your most Excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Maiestie would also vouchsafe to declare that the awards doings and proceedings to the prejudice of your People in any of the premisses shall not be drawn hereafter into Consequence or Example and that your Majesty would be also graciously pleased for the further comfort and safety of your People to declare your Royal Will and Pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm as they tender the Honour of your Majesty and the Prosperity of this Kingdom Which Petition being read the 2d of June 1628. the King's Answer was thus delivered unto it THe King willeth that Right be done according to the Laws and Customs of the Realm and that the Statutes be put in due execution that his Subjects may have no cause to complain of any wrong or oppressions contrary to their just Rights and Liberties to the preservation whereof he holds himself in Conscience as well obliged as of his Prerogative But
discharging of a Priest Newton killed one he compounded for 100 l. One Allenson a Batchellor of Divinity made one Hanton his Executor within 10 days he granted Sequestration of the Testator's Goods Dr. Cradock sent them that took away his Will opened his Desk and took 6 or 7 Bags and having threatned them the Doctor made 4 Sequestrators the Bishop saith he would seize the Goods of Gilbert Hanton to the use of the Bishop of Durham he came as Justice of Peace and committed Hanton to the Constable to be forth-coming the Doctor broke open another Desk and took 30 s. in money he made his Warrant and sent Hanton to the Gaol he laid a Fine upon him of 50 l. John Widowes came to Hanton and mediateth to the Doctor for his Son's Imprisonment he would give his Son 22 l. which he doth the Sessions indicted him by the Oath of D. Soame because they thought the Fine too unreasonable but the Doctor said that the Lord of Durham would be angry with him One Clement gave the Doctor 50 l. and a Mare to have an Administration granted As he was a Commissioner he took of one Conyers 20 l. of another 59 l. and of two others 10 l. a piece for Adultery of another 8 l. As a Justice of Peace for not sending one to the Gaol 100 l. For Recusancy of one Tempest for a Murther 100 l. For Adultery before the Party could free himself 20 l. Mr. Alford The Oath Ex Officio in this manner one having no Sermon went to another and he made him pay 23 s. for the Oath and for the same offence and he going to another Parish imprisoned him Sir Edward Cook No man speaks against the Jurisdiction but the corruption of Spiritual Courts Qui tollit abusum confirmat usum For the Oath Ex Officio there is an Act of Parliament that they may give it and Lay-men may give it in some cases not in all And herein the ancient Common Law agreeth with the Canon Law in the 32 vel 31 Ed. 3. there was a complaint against Fees 2 H. 4. there was a Law to reduce them to their ancient Fees for now they exceeded For Cardinal Wolsey of his devotion and charity took for probate of my Lord Compton's Will 100 marks hence came the Law of 21 H. 8. We have good Laws but they are like Swords shut up in their sheaths Sir Edward Bonstead he hath a Petition of the Ministers of Northamptonshire the people have been ready to rise against the abuses in the Ecclesiastical Courts Mr. Brook That the Convocation is not a part of the Higher House neither the Bishops any part of the Higher House but are there as they have Temporal Baronies Mr. P ym I would not have us send up to the Lords yet till we have examined them for their guiltiness must be stamped here before they go up to the Lords Mr. Noy 8 H. 6. the Clergy and Bishops are not to be arrested going to the Convocation-house we cannot judge them but complain of them Mr. Sherwin It is a complaint and we must examine him so that our complaint be certain and not without great deliberation handled that it may not be otherwise proved Sir Nathaniel Rich. That if the Lords will not punish those that we complain of we will enter into Judgment our selves which is our ancient course The House would not send for the accused Doctors because they were of the Convocation 1. To avoid offence to them of that Assembly 2. Because of the Stat. of 8 H. 6. which is thus Forasmuch as the Prelates and Clergy of the Realm of England called to the Convocation and their Servants and Familiars that come with them to such Convocation often times and commonly be arrested molested and inquieted our said Soveraign Lord the King willing graciously in this behalf to provide for the security and quietness of the said Prelates and Clergy at the supplication of the same Prelates and Clergy and of the assent of Great men and Commons aforesaid hath ordained and statuted that all the Clergy from henceforth to be called to the Convocation by the Kings Writ and their Servants and Familiars shall for ever hereafter fully use and enjoy such liberty or defence in coming tarrying and going as the Great men and Commonalty of the Realm of England called or to be called to the Kings Parliament do enjoy and were wont to enjoy or in time to come ought to enjoy VI. The Commons House of Parliament in Confirmation of a former Declaration therein made concerning the stay of all Suits Payments and other Proceedings grounded upon any Patent or Commission condemned in the said House as a general Grievance or Inconvenience to the Subject until further Order and Direction given therein hath this day again upon the Question Resolved it to be fit that none of the Patents Commissions or other things condemned in this House for general Grievances or Inconveniences to the Subject shall be put in execution until the next access to Parliament VII It is thought fit by the Commons House of Parliament that all Suits Payments and other Proceedings grounded upon any Patent or Commission condemned in the said House as a general Grievance or Inconvenience to the Subject should stay till further Order and Direction to be given therein VIII It is this day Ordered by the Commons House of Parliament that the Serjeant at Arms attending this House shall attach the Body of John Churchill one of the Deputy-Registers of the Chancery and him shall take into his custody and bring him to this House upon Monday morning next at 8 of the Clock and the said Serjeant is in the mean time to keep him so as none be suffered to speak with him but in the hearing of the Serjeant IX To the Honourable the Knights Citizens and Burgesses of the House of Commons in this present Parliament Assembled The humble Petition of the Mayor Bayliffs and Burgesses of the Town of Northampton THat whereas your Petitioners have been and still are every way conformable to the Kings Majesties Laws Ecclesiastical yet have they for these many years been subject to the great grievances of John Lamb Doctor of the Laws Chancellor to the Bishop of Peterborough who not only scandalizeth the Town in general as factious rebellious and refractory to his Majesties Laws but also countenanceth the lewdest fellows in the Town in their opposing of the Governours and Government and by himself and his Surrogates Registers Proctors and Apparitors and others whom he useth as Spies up and down the Town and Country citeth men and women to his Courts upon small or no just occasion but only to enrich himself and his Followers keeping two Courts every fortnight for the most part and carrying them away from the usual place where they were wont to be kept as being most convenient unto other small Towns far remote so that his Majesties
the Writ divers proposals made but at last resolved to present it to the House without any Opinion of theirs touching the Offence and Error of the Lord Keeper was directed to report the whole Narrative to the House Mr. Brook said he had never any person in admiration for advantage had read the Law there is a Market overt of the Law the Common Pleas and the Chancery the Shop of Justice the Chancery First No doubt it 's a great fault to deny an original Writ in the Chancery but not so much as to deny a Fine in the Common Pleas just Excuse and the offer of Amendments doth much extenuate the Offence which is but singular the Lord Keeper might do this to vindicate his Right from the Vsurpation of the Court of Wards it cannot stand with the Gravity of this House to transmit it a man for one single offence this will be admonition enough to him that it hath been thus agitated in this House Sir James Parrot argued the offence of the Lord Keeper in the denial of an original Writ some Excuses are alledged First done within a short time after he came in ignorantia Juris in a Judge Another Excuse offered a Contention between two Courts this rather aggravates than extenuates his offence being his own Case he ought not to have stayed Justice this thought a sole fault yet a great fault But he thinks it not a sole fault He is informed that there are more Faults of the like kind objected to the Lord Keeper Proposed To have that examined then it will be a sole fault two other Petitions before the Committees before the Lord Keeper of Mrs. ' Thomas and Sir Francis Fuliambe to have these two fully heard tomorrow and then to grow to a Resolution of this in the mean time to have the Cursitor examined about the other whether another Quare impedit or Ne admittas was not denied Sir Thomas Hobby moved to begin in order with the parts of the Reports First To the Writ that which is amiss in the Inheritance and then to consider of the Faults to have the Bill read Mr. Price alledged no corruption nor ill intention appears in the Lord Keeper a difference between things evil in themselves and evil by success the Lord Keeper came young to his Place and from a strange speculation and found this President therefore to have some course taken to right the Lady and to limit that vast Court Mr. Sollicitor thinks the Answer of the Lord Keeper's very fair and satisfactory if it be rightly understood and so the Debate went off XII Sir Edward Cook reports from the Committee of Grievances a Complaint against the Bishop of Norwich the charge is great and strange consisting of four parts First the City of Norwich having 34 Parishes he sent for the Preachers of the City and told them they had preaching enough and the morning preaching needless wished them to cease the Mornings Exercise this aggravated by divers Circumstances a Letter written to him by the Metropolitan about the Kings pleasure for preaching after this his Inhibition the Cathedral Church the Elbow of the City not above 2000 can hear yet all to come thither above 20000 people in Norwich The second There came up Images and Crucifixes counted Laymens Books and the Lord Bishop blessed those that set up those Ornaments a Dove in the Font fluttering over the water to sanctifie it Rot. Parl. 18 E. 3. num 32 33 34. the Commons dealt with the Provisors they complained they had not Spiritual food for Cardinals put into Churches Shoemakers and Taylors 50 E. 3. called bonum Parliamentum a complaint of the Popes usurpation not feeding the Flock Rome called the Sinful City and that all the Ill that hath befaln this Kingdom hath come from thence 17 R. 2. num 22. 11. H. 4. and a great many more Presidents so that this complaint is proper for this place The third was Extortion by orders of the Archbishop and by their own Canons the Iees set down these very much exceeded 4. Old Institutions now registred which is very dangerous for disherisons They have not heard his defence 40 E 3 inter Brevia a complaint against the Bishop of Hereford for Non-residency not lying within his Diocess all Bishops ought to be Resident unless they be in the Kings Service where the People are not taught the King hath but half Subjects the readiest way to make Rebellions The Committee thought it worthy to be transmitted up to the Lords Resolved upon Question without a Negative That this matter shall be transmitted up to the Lords Sir Edward Cook to do it and a Message to be sent to the Lords for a Conference about it The Commons desire their Lordships for a Conference touching some Accusations against the Lord Bishop of Norwich unto which his Lordship hath not yet been heard Humbly leaving the time and place to their Lordship The Lords appointed the 15 th of this Month to confer with the Commons touching their Complaint against the Lord Bishop of Norwich being returned the Lord Arch Bishop of Canterbury reparted the same to the House to this effect viz. That the Commons had received of Complaint exhibited by the Citizens of Norwich against the said Lord Bishop and to shew that it was ordinary for the Commons to complain of the Governours of the Church divers Records of Parliament were cited viz. Anno 25 E. 3. 17 R. 2. and 11 H. 4. all which were cited to satisfie tacite objectionis for their medling with a cause of this nature That the charge against the Lord Bishop consisted of six parts 1. That he inhibited or dishartned Preachers on the Sabath day in the Forenoon 2. That Images were set up in the Church and one of the Hoey Ghost fluttering over the Font and a Marble Tomb pulled down and Images set down in the room and the Bishop blessed them that did it 3. That he punished those that Prayed not toward the East 4. That he punished a Minister for Chatechising his Family and Singing of Psalmes 5. That he used Extortion many ways 6. That he did not enter Institutions to the prejudice of Patrons For the first it was said that there was 34. Churches in Norwich and in those Parishes 30 or 40000 People That the Lord Bishop sent for the Preachers by Apparitor and told them there was no need of Preaching on Sunday in the Forenoon except in the Cathedral Church where 2 or 3000 only could hear many dwelling three quarters of a Mile off and many being old and not able for their Age to come so far That this Inhibition was when the King had commanded more Preaching That his Lordship connived at Recusants All which was to the disheartning of good Professors It may be objected his Lordship allowed of Catechizing ergo no Preaching
necessary but he commanded to ask bare Questions and nothing else ergo no Instructions That this is done against the Canons of the Church and that there is no obedience without knowledge the outward man is not conformed unless the inward man be reformed and cited the Canons Quicunque contrist averit Doctorem veritatis peccat in Christum and the Canon 1 Jac. c. 45. for Command of Preaching For the 2d touching the setting up of Images it was said to be against Acts of Parliament against the Canons of the Convocation the Book allowed in the King's time of 28 H. 8. c. 30. against Images Pilgrimages will follow against 3 E 6. and the Homilies approved Anno 1 Eliz. forbidding of Images in Churches The 3d. for Prayer to the East which Gratianus affirms came by Tradition part 1. Decret 11. and that it is Superstitious Lingwood in his Gloss. Lib. 2. Title de Feriis non refert si versus orientem c. That the Lord Bishop Excommunicated many and enjoyned Penance to divers for not Praying to the East and some did their Penance with a whith Rod in their hand for proof whereof it is under the Bishops hand The fourth one Peck a Minister Catechized his Family and song Psalms and his Neighbours came in on the Sundays after Evening Prayer and the Lord Bishop enjoyned them to do Penance for this their resorting to Catechisme and singing of Psalms and to say I confess my Error which Acknowledgment is under the Bishops hand they which refused were Excommunicated and paid 7 l. charges 5. Touching Extortions was shewn That in the Table of Fees is set down from Institutions 24 s. 8 d. whereof to the Bishop 10 s. That this Lord Bishop is Register also and now his Lordship taketh for Institutions 3 l. 5 s. and for united Churches double viz. 6 l. 10 s. and that Communibus Annis there are 100 Iustitutions For admission into sacred Orders nothing should be taken if any it is Symony yet the Lord Bishop hath now taken 30 s. or 28 s. the Bishop and Register being all one To serve Cure 5 s. is due his Lordship taketh 6 s. 8 d. To teach School 3 s. 4 d. his Lordship taketh 6 s. 8 d. and if of ability 10 s. For every Consignation of a Decree 4 d. which cometh to 3 l. per annum for which there should be nothing paid no Consignation being in the Table but with another Hand set down in Archbishop Whitguift's Hand Sixthly That the Institutions to Benefices are not registred which overthroweth Patronages if it be returned Scrutatis Archivis non invenitur when the Right comes in question yet the Fees are greater than before The Commons concluded with these two Remembrances The first That they received this Complaint before Easter last yet they proceeded not in the Examination thereof till they received a Certificate of the Mayor of Norwich The second is That there is a Law that none shall be punished for complaining in Parliament This Report ended the Lord Bishop of Norwich stood up in his place and answered the same to this effect viz. The Answer of the Lord Bishop of Norwich to the Complaint of the Commons First his Lordship confessed the Charges in the said Complaint to be so great and so grievous that were he guilty thereof he would desire himself to be punished Which whether he be guilty or not he will leave to their Lordships most exact and severe Examinations wherein he desired them not to spare him and he would ever acknowledge and commend their Justice and Honour His Lordship protested he was not way guilty of the first part of his Accusation If he were then he was unworthy to bear the name of a Clergy-man and shewed the unworthiness of such as should dishearten Preachers from Preaching the Word of God His Lordship shewed also desired first that he might not be taxed with Ostentation his own Practice in Preaching while he was Vicar and Parson That he Preached every Sabbath in the Morning and Catechized in the Afternoon and that he continued the like in Chichester when he was Bishop there That in Norwich he never missed the publick Place and ever Preached there against Popery though he had been an unprofitable yet he had not been an idle Servant which was now his only comfort As touching Preaching and non Residents he hath been reckoned more than half a Puritan His Lordship remembred his manner of leaving his Service with the late Lord Archbishop of Canterbury that he might go to his Cure His Lordship wondred why he should be thought a Papist he thought it might be long of his Disputation and his Sermon at Paul's Cross of Predestination negative unadvisedly preached by him for which he was checked by the Lord Archbishop Whitguift and commanded to preach no more of it and he never did though Dr. Abbot Bishop of Sarum hath since declared in Print that which he then preached to be no Popery That Popery is a fire that will never be quiet He hath preached 100 Sermons since and nothing of Popery can be imputed unto him out of any of them That there be divers Obstacles to keep his Lordship from Popery 1. The Vsurpation of the Pope of Rome His Lordship affirmed That no Power on Earth can touch a Prince and that therefore he abhorred the Usurpation of the Pope over Princes 2. Their Religion is dyed with Bloud The practick course of their Religion is all by Jugling and feigned Miracles of which his Lordship had written a Book against them which was never yet answered 3. That he never spake with Priest or Jesuit nor ever invited a known Recusant to his Table for they never say Amen to our Prayers 4. That their Equivocation is the last worse than which nothing can be his Lordship held it much better to talk with the Devil than with such Then his Lordship profest himself to be a true Member of this Church and acknowledged the Church of England to come nearest to the Primitive Church that we fetch not our Reformation from Wickliff Hus and Luther of later Times but from the first 400 years next after Christ. 1. As touching the first part of the Accusation His Lordship confessed That 6 or 7 of the abler sort of Ministers in Norwich used to expound in their own Churches before the Sermon begun in the Cathedral Churches and many resorted from other Places to those Expositions for all the Churches have not Preachers and in the Afternoon to their Sermons The Preachers themselves found fault with this being willing to be rid of the pains as his Lordship thought for they were to preach in the Afternoon and in the Week-days and shewed him many Disorders therein which they pretended as the cutting off part of the Prayers or their beginning so early that many could not come to the Common Prayers and the like and they besought his Lordship to remedy
Spoken Lubricum tantum linguae non est ad judicium trahendum say the Civilians And that his Heart did never conceive the least Derogation of any Order of that most Honourable House on the bare intimation of any one Peer that sitteth in the same One passage in his Answer was That Kellwood and especially Kennedy a Man Condemned to Death in Scotland for Forgery are Persons Infamed and their Credits to be Examined before they be admitted as Witnessess against a Peer of the Realm and a Lord Keeper of the Great Seal as he then was At the end of the Paper was Written Recepi 5. Expedii 9 Martii 1625. John Lincoln This Answer was referred to the Committee for Petitions to consider what 's fit to be done for the clearing of the aspersion laid by the Bishop on the Lords Sub-Committees appointed for the Journal Book and what for the relief of Pinckney for those had certified it to be a true Order Notwithstanding he said it was mistaken by the Clerk and had not obeyed it The Committee Report they find two defects in this Answer 1. That he doth not clearly acknowledge his Contempt in not obeying the Order 2. His Aspersing the Lords Sub-Committees by saying it was a mistaken Order when they had certified it a true one Their Opinion is That the Sub Committee be cleared and the Bishop acknowledge it a true Order and signifie to the House that he is sorry he was so mistaken and thereby given just offence to the House and to the Lords of the Sub-Committee then Acknowledge his Error and ask their pardon so Ordered May it please your most Honourable Lordships YOur Lordships having resolved the order touching Pinkney of the 28 of May 1624. To be an Order of that Most Honourable House truly and justly entered I do most willingly accknowledge as much and am very sorry that through a weak memory and information of some parties interessed who pretendded to have serached the Clerks Book the 29 of May 1624. And to have found there at that day no ground at all for any such Order I have had in my thoughts some scruples to the contrary to the offending of the most Honourable House or any one of the Lords of the Sub-Committee who as I now understand have Subscribed the said Order And I do Humbly desire your most Honourable Lordships in General and those Noble Lords in Particular to Pardon the Errour I have herein committed and I shall pray unto God to bless and prosper your most Honourable Lordships John Lincoln Which Acknowledgment their Lordships all accepted in full satisfaction from the said Lord Bishop XIV Ordered Ensign Reynde to be sent for and brought up as a Prisoner before the Lords to answer a high Contempt against the Parliament The Witnesses who have informed thereof are to be required to attend when Reynde comes Ordered the Serjeant at Arms to make such and so many Deputies for the apprehension of Henry Reynde as the Lord Say shall appoint and his Captain to be warned to bring him hither by a day These men were sworn touching the Information against Henry Reynde Ensign-Bearer to the Souldiers at Banbury viz. George Phillips Obadiah Lord. John Hayns John Hele. And being examined did testifie the insolent and opprobrious Speeches spoken by the said Ensign Reynde against a Peer of the Realm and his contempt of this High Court of Parliament The Lords considering that the said Reynde was by Order of this House sent for by the Serjeant the 27th of May and could not be found but yet came early one Morning to the Clerks Office to understand whether any other cause of Complaint was against him save the Information of those opprobrious Speeches and instantly departed and ever since hides his head Their Lordships Order Elvenston his Captain to be sent for to be here to morrow Morning And the Duke of Buckingham did declare his opinion that the said Reynde deserved a severe censure and promised to the House to lay all the Ports for him and if he can be found or shall ever come into the Army he will cause him to be sent to receive such censure as shall be agreed on against him Captain Elvenston being called before the Lords did affirm that he had not seen his Ensign Henry Reynde this Fortnight and thinks he is not in Town He was commanded to bring him to the House whensoever he shall find him and so soon as he shall understand where he is to inform the House thereof The Lords taking into consideration that Henry Reynde will not be found and Resolving to proceed to a censure against him for his Ignominious Speeches of the Parliament and of the Lord Say they first voted and adjudged him unworthy to bear Arms hereafter or to be accompted a Souldier Then their Lordships propounded divers other parts of a Censure against him but the Duke of Buckingham coming in before the Conclusion thereof his Grace told their Lordships that the said Reynde is now found Whereupon it was Ordered the said Reynde to be brought hither to morrow Morning The Duke of Buckingham excused himself for not bringing of Reynde to his answer according to his promise for that he shifts his Lodging every night but promised again to do his best to bring him to morrow Morning Ordered If Reynde do not appear here to morrow Morning then to proceed against him in the censure The Lords were put in mind of their Order yesterday if Reynde were not brought this Morning to proceed to sentence against him notwithstanding Whereupon the Duke of Buckingham signified unto their Lordships with what care and industry he had endeavoured to bring the said Reynde before their Lordships but he is so apprehensive of their censure which he deserves that he cannot be found Yet his Grace said he doubted not but to bring him to morrow Morning and desired their Lordships to proceed notwithstanding now in their sentence against him and with the more severity because he had so often deceived his Grace The sentence of the Lords Spiritual and Temporal in Parliament assembled against Henry Reynde Ensign-bearer to the Band of Soldiers Billetted in Banbury for the Ignominious Speeches uttered by the said Reynde against the said Lord Say and Seal And for his contempt of this High Court of Parliament which sentence was this day pronounced against him by the Lord Keeper viz. 1. He the said Henry Reynde is never to bear Arms hereafter but is accompted unworthy to be a Souldier 2. He is to be Imprisoned during pleasure 3. He is to stand under the Pillory with Papers on his Head shewing his Offence at Cheapside London and at Banbury 4. That he is to be Fined at 200 l. unto the King 5. He is to ask forgiveness here of all the Lords of Parliament in general and of the Lord
Pope and in the same manner it was charged the Knights of the Shire and the Commons to assemble in the Chamber depeint to treat conclude and assent amongst them upon the same business and to give their Answer lour assent en dit Parlement 20. In the Parliament 18. E. 3. The King by his Chancellor prayed and charged the Prelates Earls Barons and Commons that they would consider touching the Articles of Truce between the King and France and that they would mettre leid le Conseil give their Aid and Counsel for the Salvation of the Rights and Honour of the King de eux meismes and of themselves 21. Sir Bartholomew Burghurst the Kings Chamberlain declared in Parliament That there was a Treaty of Peace between the King and the French and good hope of a final Accord but the King would not conclude sanz assent des Grantz ses Communs Whereupon the Chamberlain required and demanded on the behalf of the King whether they would assenter accorder to the intended Peace To which the Commons d'unassent d'unaccord Answered that what Issue the King and Grantz should take in the said Treaty should be agreeable to them Upon which Answer the Chamberlain said to the Commons Then you will assent to the Treaty of Peace perpetual if it may be had to which the Commons Answered Entierment unement oil oil yes yes And thereupon it was commanded that Master Michel de Northburgh Gardeyne of the Privy-Seal and Sire John de Swinley Notair Papal should make an Instrument publick thereof 22. Anno 43 E. 3. The Chancellor in his Oration before the King Lords and Commons thus expresseth himself Sires the King in all his great business which concerned himself and his Kingdom de tout temps hath acted and done by the counsel and advice of his Grandz and Commons of his Realm which he hath found in all his Affairs Bons Loyalz good and faithful for which he thanketh them de grant euer volunte and that it was not unknown to them that the King had taken upon him the Claim and Right to the Realm of France per lavis conseil de ses Grantz Communes by the advice and counsel of his great Men and Commons 23. 7 R. 2. The King called a Parliament to consider of a Peace between him his Kingdom Lands Dominions and Subjects ex una parte magnificum principem Robert of Scotland and his Lands Dominions and Subjects of the other part mediante consilio assensu Praelatorum procerum magnatum Communitatis Regni Angliae by the counsel and assent of the Prelates Peers and great Men and Commons of the Kingdom of England I will pass over the rest of the several Authorities in this King's Reign and so of H. 4. except this one 24. In the Parliament 9. H. 4. in that great Record called Indompnitié des Seigneurs Commune◠the King by the advice and assent of the Lords willed granted and declared that in that and all future Parliaments it should be lawful for the Lords to debate and commune amongst themselves de Lestate du Roiaume la remedie a ce busoignable of the state of the Kingdom and the necessary Remedies and it should be lawful likewise for the Commons on their part to commune in the same manner 25. Anno 3 H. 5. The Chancellor at the Re-assembly of the Parliament declares the King being present the causes of their calling which was that Peace had been offered him by his adversary of France the which without the assent and good Counsel of the Estates of his Realm he would not conclude And that the King of the Romans desiring Peace and Vnity in the Church Vniversal and also between the Christian Realms was come over hither with Propositions which he had not yet declared to the King but in a short time would shew them Upon the which the King would take the Advice de son tressage Conseil of his most wise Counsel 26. Anno 4 H. 5. The League and Alliance between the King and Sigismund the Emperour and King of the Romans was ratified and confirmed upon due and solemn Treaty thereof by the common consent and assent of all the Archbishops Bishops Dukes Earls Barons toute autres Estates Espiritualz Temporalz and other Estates Spiritual and Temporal and also of the Commons of this Realm in the said Parliament assembled 27. Anno 9. H. 5. A Peace being concluded between Henry King of England and Charles the French King it was mutually agreed that the Articles thereof be ratified and confirmed per tres Status of both Kingdoms which being approved concluded accepted and allowed of by the three Estates in France videlicet Praelator cleri necnon Procerum Nobilium ac etiam civium Burgensium civitatuum villarum Communitatum dicti Regni The Articles was after mature deliberation confirmed per tres Status Regni Angliae vid per Praelatos clerum nobiles magnates necnon Communitates Regni ad Parliamentum apud West qui quantum ad eos singulos eum pertinet obsequituros impleturos promiserunt 28. Anno 9 H. 6. It was ordained by the Lords Spiritual and Temporal and Commons That the Dukes of Bedford and Gloucester and my Lord Cardinal and others of the Kings Bloud and of his Counsel may treat of Peace with the Dauphin of France notwithstanding the Act formerly made to the contrary which was That the King of England H. 5. or the French King should not enter or make any Treaty of Peace or of Accord with Charles the Dauphin without the assent of the three Estates of both Realms 29 Anno 23. H. 6. Whereas by the Articles of Peace made between H. 5. and Charles the 6 th of France it was agreed there should be no Treaty or Accord made with the Dauphin of France without the assent of the three Estates of both Realms which Articles were afterwards Enacted and Authorized here by Parliament It was Enacted by the assent of the Lords and Commons that that Article should be void eryt cassed adnulled and of none Force and none to be impeacht for advising and acting in the said Peace 30. The Archbishop of Canterbury Chancellor of England declared the causes of the Summons of the Parliament the King present and amongst others that between the Ambassadors of King H. and the French King There was an appointment de personali conventione of a personal meeting between the two Kings in partibus transmarinis which if it should happen ut speratur to provide not only for the safe and secure preservation of the person of the King as well in his Conduct ad dict as partes transmarinas as in his being there but also for the safe and sure conservation of the Peace within the Kingdom and other his Dominions during his absence out of the Realm and
Praesides atque Ministri manibus tenacibus oculis impudicis effrenata libidine lapideis cordibus ficta gravitate lingua melliflua sed dentibus virulentis breviter auri insatiabili fame Cardan libro de utilitate ex adversis capienda Cap. de Temporum Magistratuum pravitate p. 649. Journ Dom. Com. 19 Jac. Sir Robert Floid's Case Turned out for being a Monopolist Journ Dom. Com. 3 Car. 1. Mr. John Barbour's Case The Order of the Commons against Barbour Journ Dom. Com. 4 E. 6. Criketost's Case Journ Dom. Com. 1 Jac. Complaint that a Yeoman of the Guard who kept the door of the Lobby of the Upper House against several of the Members of the House of Commons 22 Marti 1603 Tash brought to the Bar submits and is pardoned paying Fees Journ Dom. Com. 18. Jac. Sir Francis Mitchell's Case Committed to the Tower Carried on foot through London-streets After impeached by the Commons before the Lords Journ Dom. Proc. 18 Jac. The Lords send to the Commons That they are ready to give Judgment against Mitchell if they would come and demand it The Commons by their Speaker demand Judgment against Sir Francis Mitchell The Lord Chief Justice pronounceth the Judgment The Judgment of the Lords against Sir Francis Mitchell There was a Clause in Patents of Monopolies whereby power was given to imprison and hundreds were committed by colour thereof to Finsbury Gaol and the Fleet. Journ Dom. Proc. 18 Jac. Fowles Geldard and others committed Journ Dom. Com. 20 Jac. Dr. Harris's Case To recant in the Pulpit Journ Dom. Com. 3 Car. 1. Mr. Burgesse a Minister his Case Journ Dom. Com. The Case of Sir William Wray M. Langton Mr. John Trelawnie and Mr. Edward Trelawnie The Judgment of the Commons The Commons House of Parliament adjudge them To make submission in the Countrey at the Assizes Journ Dom. Com. 3. Car. 1. Levet for executing a Patent in time of Prorogation which was adjudged a Grievance by the House in the last Session ordered to be sent for by the Serjeant at Arms. Journ Dom. Com. 4. Car. 1. The Parliament prorogued Journ Dom. Com. 4 Car. 1. The Officers of the Custom-house Journ Dom. Com. 4 Car. 1. The Case of Acton Sheriff of London for contempt in prevaricating in his Testimony Ordered to be sent for Tuesd. 10 Feb. Appears and called to the Bar. His Crime with others aggravated Sentenced to the Tower Journ Dom. Com. 4 Car. 26 Jan. The Case of Lewis Journ Dom. Com. 18 Jac. The Case of the Mayor of Winchelsey Judgment against the Mayor Journ Dom. Com. 20 Jac. The Case of the Mayor of Arundel for Misdemeanour Judgment To pay the Charge to be set down by 3 Members Jouâ—n Dom. Com 21 Jac. The Case of Ingry the under Sheriff of Cambridgeshire Judgment To make a submission at the Sessions Journ Dom. Com. 3 4 Car. 1. Tuesd. Apr. 29. The Case of the Sheriffs of York and others touching the Election of Sir Thomas Savile Nota. Nota. Nota. Sir Robert Philips The Sheriff to pay the charges of the Witnesses to be set down by four Witnesses Committment of Davenport to the Tower for misinforming the House of Commons as a Witness Anno primo Regis Jacobi Num. 42. penes Joh. Brown Ar. Cler. Parliamentor Nota. Anno 3 Car. 1. Pult. Stat. fol. 1433. 34 E. 1. No Tallage or Aid to be laid or levied without Authority of Parliament 1 E. 3. 6. 11 R. 2. 9. 1 R. 3. 2. 9 H. 3. 29. 28 E. 3. 3. 37 E. 3. 18. 38 E 3. 8. 42 E. 3. 3. 17 R. 2. 6. Quartering Souldiers against Law 25 E. 3. 9. 9 H. 3. 29. 25 E. 3. â—4 28 E. 3. â—3 Nota. Martial Law in time of Peace against the Laws and Statutes of England Nota. Nota. Here the good King condemns the Law and Doctrine of Dr. Cowell Blackwood Manwaring Fulbeck Sibthorpe Alablaster Filmer and their Transcribers and Disciples Journ Dom. Com. Parl. 1 Jac. Mercurii 23 Maii A. D. 1603 A Bill is delivered to the Speaker going to the House purporting a Declaration of Treason by a Magistrate of the Land who Gives an Account of it to the House Who forbear to read it at that time The King sends for the Bill The House expected an Accompt thereof from Mr. Speaker and after demands it Questions handled thereupon To cease with a caution care of the priviledge of the House To be Registred as the Judgment of the House that no Speaker should deliver a Bill whereof the House was possessed without leave The Speakers excuse Motions by several Members No Bill of which the House is possessed to be delivered without notice and leave of the House Jur. Dom. Com. Die venris 27. February 4 Jac. A. D. 1606. A Message from the King The Union of England and Scotland That the Writ called them to Consul de arduis Regi Their attendance a great duty Departure a greater contempt than a Noblemans Adviseth no Lawyer or other of Note to depart Would assist the House for their stay or recalling Motions and Debates upon the Message Mr. Speaker's motions Others move 3 Questions made 1 Question 2 Question 3 Question Resolves Order Veneris 27. February The Union of England and Scotland Die Martis 3. Martii Mr. Hide departs without License and is sent for Resolved that other Letters be writ to other Members who were Lawyers The form of the Letter Jurn Dom. Com. 27. Jac. Vereris 27. Maii. Order that a Committee take into consideration misinformations given to the King concerning the proceedings of the House of Commons Jour Par. Dom. Com. 18. 19. Jac. 15. Martii The Case of Dr. Lamley Chancellor to the Bishop of Peterburrough and Dr. Cradock a Divine Chancellor to the Bishop of Durham Dr. Lamely accused for Extortion and other Misdemeanours Dr. Cradock accused for Briberies and other Misdemeanours Kelway Fo. 184. Rastall's Stat. 8 H. 6. c. 1. Journ Dom. Com. 19 Jac. Sabbathi 2 die Junii Confirmation of the Order concerning all Patents adjudged Grievances Journ Dom. Com. Lunae 26 Martii Concerning all Patents adjudged Grievance Journ Dom. Com. Sabbathi 17 Martii Order pro Churchill March 21. Sr. Robert Phillip's Reports from the Committee appointed to examine Keeling and Churchill who informed them of many Corruptions against the Lord Chancellor April 25. A Committee for regulating the Chancery and to consider of Churchill's false Orders and the Faults of the rest of the Registers Sir Dudley Diggs saith that Churchill was Register Councellor and Judge referred to the Committee Anno 19 Jac. A Copy of the Petition remaining with William Goulds borough Esq Clerk of the House of Commons The Complaint of the Mayor Bayliffs and Burgesses of Northampton against Dr. Lamb Chancellor to the Bishop of Peterborough Nota est Cyclopum vivendi ratio quibus illa crudelis vox in Tragoedia attribuitur non ulla Numina expavesco Coelitum sed victimas uni deorum maximo ventri offero
deos ignoro caeteros In Praef. ad Covarru opera Nota. Dr. Sibthorp The Speaker's Order upon the Petition Lamb Doctor in the Civil Law Journ Dom. Com. 21 Jac. 10 Martii The Case of Mr. Steward a Scotchman elected to be a Member of Parliament but rejected because a Denizen Veneris 28 Maii. Journ Dom. Com. 21 22 Jac Regis Veneris 7 Aprilis The Case of the Lady Darcy against the Bishop of Lincoln Lord Keeper of the Great Seal of England The Lady and another were Grantees of an Heir by the Court of Wards Then presented a Clerk to the Bishop of Lincoln but refused who presented another The Lady sues for a Writ of Quare impedit The Cursitor denies it by Order of the Bishop being Lord Keeper Whereupon she complains to the Commons who refer it to a Committee Debates in the Committee Proposals by D. Grant whom the Bishop and Lord Keeper had presented The Lord Keeper's Answer and Excuse The Lady will stand and fall by Judgement of the House Considerations in the Committee Who delivered no Opinion leaving all to the House Debates in the House by several Members thereof Nota. The Debate goes off Journ Dom. Com. 21 22. Jac. Regis Veneris 7 Maii 1624. The Case of the Bishop of Norwich impeached by the Commons The first head of his Charge The second head * Vide Rot. Parl. 17 E. 3. n. 59 60 Vide Pult. Stat. 35 E. 1. fo 92. Fox vol. 1. f. 501 Rot Par. 21 E. 3 n. 1. 63. The Stat. of Provisors 25 E. 3. Rast. f. 98 Rot. Par. 38 E. 3 Rot. Par. 47 E. 3 n. 30. Rot. Parl. 3. R. 2. n. 37. Rast. Stat. 16. R. 2. cap. 5. Item The King at the prayers of the Commons shewing to him by Petition how that Priests become very scant after the Pestilence to the great grievance and oppression of the People hath spoken to the Archbishop of Canterbury and the other Bishops being in the arliament to set thereupon a Covenable remedy which Archbishops and Bishops at the motion of the King and of the great men said in the same Parliament that they have thereupon ordained in certain that is to say That the pain of Parish-Priests by any manner of colour receiving above 6 Marks and other yearly singing and not intending the Cure of Sauls taking above 5 Marks without the Bishop's dispensation and suspension of their Office if they within the Month make not restitution to the use of the Church in which they sing of that that they have above received And the pain of People of holy Church giving above 6 Marks or 5 Marks to Parish-Priests or other yearly singing as afore is said is to pay the double of that that they do excessively pay to be converted to the use of Alms at the Arbitrement of the Diocesan of the Place and all manner of Priests intending their proper Service as yearly singing shall serve the Parishes and be attending to the Cure of Souls as he by the Ordinaries of the Place or by them to whom he attaineth shall be required upon pain of suspension of their Office which they shall incur upon the deed if they within the 20 days after that they shall be required be not obedient to such requests And that no Priest passing from one Diocess to another shall be received there to sing Divine Service unless he shew to the Diocesan of the Place Letters commendatory of the Bishop in whose Diocess he last before dwelled Wherefore the King by the Assent of the Great Men and Commons hath ordained That if any secular man of the Realm pay any more than Five Marks to any Priest yearly in Money or in other things to the Value or if he pay to such Priest retained to abide at his Table above 2 Marks for his Gown and his other Necessaries his Table accounted to 40 s. and thereof be attained he shall pay to the King fully as much as he paid to the said Priest Rast. Stat. de Anno 36 E. 3. fol. 118. cap. 8. The 3d. head The 4th head Die Sabbathi viz. 8 die Maii 1624. Jour Dom. Proc. Message from the Lower House by Sir Coke and others Die Mercurii 19 Maii. The Lords appoint a day for Conference with the Commons The Archbishop of Canterbury reports the heads of the Conference Authorities for the Power and Right of the Commons to meddle in this Cause Their Charge against the Bishop under six Heads Preachers Images Prayer towards the East Catechizing and singing Psalms Nota. Extortion Institutions not entred The 1st head concerning Preachers The 2d head touching Images The 3d. head concerning Prayer towards the East The 4th head touching Catechizing and singing Psalms The 5th head touching Extortion The 6th head touching non-Registring of Institutions The Conclusion of the Commons The Bishop stood up and Answered the Charge of the Commons His Introduction His Lordships answer to the first head Preachers His answer to the second head Images His answer to third head Prayer towards the East His Answer to the 4th head Catechizing and singing Psalms His Answer to the 5th head Extortion His Answer to the 6th head non-Registring Institutions The Conclusion of his Answer The Lords for want of time refer the Commons Complaint to the High-Commission Court to examine And after report to the House Which will then judge thereof Journ Dom. Proc. 1 2 Car. 1. 10 Mart. The Proceedings of the Lords against the Bishop of Lincoln late Lord Keeper for refusing to obey their Order Sir Ch. Caesar and Sir Robert Rich report the Examination of Kellwood The Lords order that the Bishop shall answer under his Hand The Bishop sends his Answer The Bishop's Answer referred to a Committee 17 Martii The Committee report And give their opinion that the Bishop ought to acknowledge his error and offence to be forry and ask pardon And so ordered by the House Die Jovis 23 Martii The Bishop pursuant to all which obeys Nota. His Contempt in a former Parliament censured in this Journ Dom. Proc. 3 Car. 1. Die Martis 27 Maii. The Case of Ensign Reynde for Misdemeanour and Contempt against the Parliament and the Ld. Say Die Veneris 30 Maii The Serjeant at Arms ordered to take him Die Martis 30 Junii Witnesses sworn against Reynde Who prove the insolent and opprobrious Speeches spoken by Reynde Reynde hides his Head The Duke of Buckingham promises he will cause him to be sent for Die Mercurii 4 Junii The Captain affirmed he had not seen Reynde Is commanded to bring him to the House when he finds him Or inform the House Die Lunae 9 Junii The Lords proceed to censure Reynde But the Duke inform'd the House he was found Journ Dom. Proc. die Mercurii 11 Junii The Duke excuseth himself because Reynde shifts his Lodging Die Jovis 12 Junii 1628. The Lords give Sentence against Reynde The Sentence Never to bear Arms. Imprisonment during pleasure To stand under the Pillory in