The Case of Arthur Hall Esq

UPon sundry Motions made by divers of this House; Journ. Dom. Com. 14 Eliz. 17 Maii, Anno Dom. 1571. Misdemeanors of a Member of the House of Commons, for sundry lewd speeches as well in the House, as abroad. It was Order'd that Arthur Hall Esq for sundry Lewd Speeches, used as well in this House, as also abroad elsewhere, shall have warning by the Serjeant to be here upon Mon­day next; and at the Bar to an­swer such things as He shall then and there be charged with. And it was further Ordered, Ordered that those who heard them, to put them in writing, and deliver them to the Speaker. that all such Persons as have noted his words, either in this House, or abroad, do forthwith assemble in the Chamber above, and put the words in writing; and afterwards deliver them to Mr. Speaker, to [Page 13] the end he may charge the said Hall upon Monday next.

This day Arthur Hall Esq Mond. 19 Febr, Mr. Hall ap­pears, and is cleared. be­ing brought by the Serjeant to the Bar, and charged by the House with Seven several Articles, hum­bly submitted himself to the House, and humbly confessed his folly, Humbly con­fesseth his folly. as well touching the said Articles; as also his other fond and unadvi­sed Speech at the Bar: And was upon the Question remitted, And is remit­ted by the House. with a good Exhortation given him by Mr. Speaker at large.

The Case of Smalley, Servant to Mr. Arthur Hall, Burgess for Grantham.
And the Case of Kirtleton, Hall's Schoolmaster.

MR. Lievtenant of the Tow­er, Journal. Dom. Comm. Anno 18. Eliz. 16. Feb. A. D 1575. Breach of Pri­viledge, Confe­deracy, and Contempt. Sir Nicholas Arnold, and Mr. Serjeant Lovelace, were appointed to examine the Matter touching the Arrest of Mr. Hall's Servant, before Mr. Speaker, at his Chamber this Afternoon.

Upon the Question, Friday 18. Feb. and also upon the division of the House it was Ordered, that Edward Smalley Yeoman, Servant unto Arthur Hall Esq one of the Burgesses for Gran­tham, shall have Priviledge. Munday 27. Feb.

After sundry Reasons and Ar­guments, Smalley to be brought to the House by the Mace, and not by Writ. it was Resolved, that Edward Smalley, Servant unto Arthur Hall Esq shall be brought hither by the Serjeant, and set at liberty by the Warrant of the Mace, and not by Writ.

[Page 15] Edward Smalley, Tuesday 28. Feb. Servant un­to Arthur Hall Esq being this day brought to the Bar in this House by the Serjeant of the House, and accompanied with two Serjeants of London, Smalley brought to the Bar, was presently deli­vered out of Execution. was presently delivered of his Impri­sonment and Execution, according to the former Judgement of this House, and the said Serjeants of London discharged of their said Prisoner; and immediately after that the said Serjeants of London were sequestred out of this House, and the said Edward Smalley was committed to the Charge of the Serjeant of this House; and there­upon the said Edward Smalley was sequestred, till this House should be resolved upon some former Motions, whether the said Ed­ward Smalley did procure himself to be arrested upon the said Executi­on, in the abusing and contempt of this House, or not.

1. Upon the Question it was Ordered, Wednesday 7. March post Meridiem. that Mr. Hall be seque­stred [Page 16] the House, Mr. Hall, Smal­ley's Master, withdraws. while the Mat­ter touching the supposed Contempt done to this House be argued and debated.

Edward Smalley upon the Que­stion was adjudged guilty of the Contempt, Smalley adjud­ged guilty of a Contempt a­gainst the House, for frau­dulently procu­ring himself to be arrested. and abusing of this House by fraudulent practice, of procuring himself to be arrested upon the Exe­cution, of his own assent and inten­tion, to be discharged as well of his Imprisonment, as of the said Exe­cution.

Matthew Kirtleton, Kirtleton in confederacy with him. Schoolma­ster to Mr. Hall, was likewise up­on another Question adjudged guilty by this House of like Con­tempt, and abusing of this House, in confederacy and practice with the said Smalley in the intentions aforesaid.

2. Upon another Question it was adjudged by the House, Smalley to be committed to the Tower for his Misdemea­nor and Con­tempt. that the said Smalley be for his Mis­demeanor and Contempt committed to the Prison of the Tower.

3. Upon the like Question it [Page 17] was also adjudged by this House, The like Judg­ment for Kir­tleton. that the said Kirtleton Schoolma­ster, be also for his lewd Demea­nor and Contempt in abusing of this House, committed to the Prison of the Tower.

4. Upon another Question also it was Resolved, Both to be brought into the House, to receive their Judgements. that the Serjeant of this House be commanded to bring the said Edward Smalley, and the said Matthew Kirtleton, Schoolmaster to Mr. Hall, into this House, to morrow next in the forenoon, to hear and receive their said Judgements accordingly.

5. And further, Mr. Hall's pri­vity in the Mat­ter to be refer­red to a fur­ther Debate. that the Mat­ter wherein the said Arthur Hall is supposed to be touched, either in the privity of the said Matter of Arrest, or in the abusing of the Committees of this House, shall be deferred to be further dealt in till to morrow.

The Bill against Arthur Hall Esq Saturday 10, March. Edward Smalley, and Mat­thew Kirtleton his Servant, was read the first time.

[Page 18] Edward Smalley, Servant unto Arthur Hall Esq appearing in this House this day at the Bar, it was pronounced unto him by Mr. Spea­ker, and in the Name, and by the Appointment and Order of this House, for execution of the for­mer Judgement of this House awarded against him, The Speaker pronounced Judgement up­on Smalley. That he the said Edward Smalley shall be forthwith committed Prisoner from this House to the Tower of London, and there remain for one whole month next ensuing from this present day; and further, af­ter the same month expired, un­til such time as good and sufficient assurance shall be had and made, for payment of one hundred pounds of good and lawful mo­ney of England, to be made un­to William Hewet, Administrator of the Goods, Chattels and Debts of Melchisedeck Mallory Gent. deceased, upon the first day of the next Term, according to the former Order in that behalf by [Page 19] this House made and set down, and also 40 s. for the Serjeant's Fees; the notice of which assu­rance for the true payment of the said one hundred pounds in form aforesaid, to be certified unto Mr. Lievtenant of the Tower, by Mr. Recorder of London, before any delivery or setting at liberty of the said Edward Smalley, to be in any wise had or made at any time after the expiration of the said month as is aforesaid, and that he shall not be delivered out of Prison before such notice cer­tified, whether the same be be­fore the said first day of the next Term, or after.

The 2d. Case of Arther Hall Esq a Member of Parliament.

UPon a Motion made unto this House by Mr. Norton, Saturd. 4. Feb. An. 23. Eliz. Journ. Dom. Com. in which he declared that some person of late had caused a Book to be set forth in print, Mr. Hall's Charge for writing a Book derogatory to the Authority, Power and State of the Com­mons House of Parliament. not only greatly reproachful against some particular good Members of this House of great credit, but also very much slanderous and derogatory to the general authority, power and state of this House, and prejudicial to the validity of the proceedings of the same, in making and establish­ing of Laws, charging this House with drunkenness, as accompanied in their Councels with Bacchus; and then also with Choler, as those which had never sailed to Anticyra, and the proceedings of this House to be Opera tenebrarum. And fur­ther, that by the circumstance of the residue of the discourse of the said Book, he conjectured the [Page 21] same to be done and procured by Mr. Arthur Hall, one of this House, and so prayed that thereupon the said Mr. Hall might be called by this House to Answer, and the matter further to be duly exami­ned, as the weight thereof in due consideration of the gravity and wisdom of this House, and of the authority, state and liberty of the same, Mr. Hall orde­red to be sent for by the Ser­jeant at Arms requireth. It is Resolved, That the said Mr. Hall be forth­with sent for by the Serjeant at Arms attending upon this House, to make his appearance here in that behalf accordingly.

And then immediately Mr. Se­cretary Wilson did thereupon sig­nifie unto this House, that the said Mr. Hall had upon his Exa­mination therein before the Lords of the Councel, heretofore con­fessed in the hearing of the said Mr. Secretary, that he did cause the said Book to be printed in­deed. Upon relation whereof, and after some speech then also [Page 22] uttered unto this House by Mr. Chancellor of the Exchequer, of the dangerous and lewd Contents of the said Book, the Serjeant was forthwith by Order sent to appre­hend the said Arthur Hall, and was presently assisted for that purpose with Sir Thomas Scot and Sir Thomas Brown, Two Knights, Members of the House, to assist the Serje­ant. by the appoint­ment of this House.

A Commission was then also given by this whole House, A Commission to a Committee to send for the Printer, and to examine the Matter. unto Mr. Vice-chamberlain, Mr. Chan­cellor of the Exchequer, Mr. Secre­tary Wilson, Mr. Treasurer of the Chamber, Sir Henry Lee, Sir Tho­mas Cecil, Sir William Fitz-willi­ams, and Sir Henry Gate, to send for the Printer of the said Book, and to examine him touching the said matter, and afterwards to make Report thereof to this House accordingly. To report to the House, and to take order for Hall's Ap­prehension. And also to take order and advise further for the sending for, and apprehending of the said Arthur Hall, if it should so fall out that he did withdraw [Page 23] himself, or depart out of Town, before such time as the said Ser­jeant could find him: with this further Resolution also, And if any Member should see him, to stay him, and bring him to the House. That any such Member of this House as should happen first to see him, or meet him, might, and should in the name of the whole House stay him, and bring him forth to answer the said matter forthwith before the whole House, with all possible speed.

Mr. Secretary Wilson declaring the travel of the Committees in examining of the Printer that did print Mr. Halls Book, Munday 6 Feb. Mr. Secretary Wilson reports the Examinati­on of Hall's Case from the Committee. signi­fied unto this House, that the said Printer (whose name is Henry Bynnyman) upon his Examina­tion before the Committees said, that one John Wells a Scrivener in Fleetstreet, did deliver a Copy to him; and when the Book was printed, he delivered one Book to Henry Shirland in Friday-street, Linen-draper, to be sent to Mr. Hall; and that afterwards about a year past, he delivered to Mr. [Page 24] Hall six of the said Books, and one more to Mr. Halls man shortly after; and said, that Mr. Hall promised to get him a priviledge, whereupon he adventured (he saith) to print the Book: and saith, that the Copy was written by Wells the Scrivener, and that he received of the said Shirland Linen-cloth to the value of 6 l. 13 s. 4 d. for printing the said Book, and that he staid of his own accord the publishing of the said Books, till he was paid: whereas Mr. Hall was contented they should have been put to sale pre­fently. Which Report so made by Mr. Treasurer, and withall that Mr. Hall and the Printer were both then at the door, the said Mr. Hall Hall appears, and was called to the Bar, where he was charged by the Speaker with his Offence. was thereupon brought to the Bar, and being charged by Mr. Speaker in the behalf of the whole House, with the setting forth of the said Book, containing very lewd and slanderous reproach not only against some particular Mem­bers [Page 25] of this House, but also against the general Estate and Authority of this whole House.

Hall denied not the setting forth of the said Book, protesting the same to be done by him without any malicious intent or meaning, either against the state of this House, or against any Member of the same; praying this whole House (if he had offended in so doing) they would remit and pardon him; affirming with­all very earnestly, that he never had any more then one of the said Books; and upon due considera­tion had of his own rashness and folly therein, willed that all the said Books should be suppressed. Then was Mr. Hall sequestred.

Henry Bynnyman the Printer was brought to the Bar, The Printer brought to the Bar. who af­firmed in all things as Mr. Secre­tary Wilson before reported, and further that he had 80 or 100 of the said Books; and was there­upon sequestred.

[Page 26] Henry Shirland was brought to the Bar, And Shirland, who was exa­mined. who there confessed, that Mr. Hall did write a Letter unto him, and sent the said Book unto him, willing him to get it prin­ted; and thereupon he delivered the said Book to Bynnyman, to have it printed, Wells the Scrive­ner then being present with him; and said further, that Mr. Hall had paid him again the 20 No­bles which he before had paid the Printer; and so he was then sequestred.

And the said Wells brought to [...] [...]ar upon his Examination, And Wells, who was also exami­ned. [...], that when he was Appren­tice with one Mr. Dalton a Scrive­ner in Heerstreet, the said Mr. Hall then lying about Paul's Wharfe, sent unto his said Master to send one of his men unto him, and that thereupon his said Master sent him unto the said Mr. Hall, who when he came, delivered unto him a Book in written-hand, willing him to carry it home with [Page 27] him, and copy it out, and said, that when he had shewed it to his Master, his Master commanded him to write part of it, and his fellows some other part of it, and his said Master (as he remembreth) did write the rest of it, but what his said Master had for the wri­ting of it, he knoweth not. And being further examined, saith, that yesterday last past he delive­red one of the said Books to Sir Randal Brierton, from the said Mr. Hall. And then the said John Wells was sequestred.

And afterwards all the Privy-Councel being of this House, A Committee appointed to examine fur­ther the whole Matter. Mr. Knight-Marshal, Mr. Recorder of London, Mr. Serjeant Flowerdew, Mr. Serjeant St. Leiger, Mr. Crum­well, Mr. Atkins, the Master of the Jewel-house, Sir Thomas Scot, Sir Thomas Brown, Mr. Nathaniel Bacon, Mr. Beale, Mr. Norton, and Mr. Alford, were added to the former Committees for the fur­ther proceeding to Examination [Page 28] of the matter touching Mr. Hall, the Printer, the Scrivener, and all other persons, parties or privy to the publishing of the said Book, set forth in print by the means and procurement of the said Mr. Hall, and to meet upon Wednes­day next at two of the Clock in the afternoon, in the Exchequer Chamber.

Which done, M. Hall brought to the Bar a­gain, and committed to the Serjeant to attend the Committee. Mr. Hall being brought to the Bar again, Mr. Speaker declareth unto him, that this House mindeth further to examine the particularities of the matter, wherewith they have charged him, and do therefore order him to the Serjeants ward, with this liberty, That upon Wed­nesday next in the afternoon, be­ing accompanied with the Ser­jeant, he may attend at the Ex­chequer Chamber upon the Com­mittees in the Cause: And was thereupon had out of the House.

Henry Bynnyman Bynnyman, Wells, and Shir­land, ordered likewise to at­tend the Com­mittee. the Printer, John Wells the Scrivener, and [Page 29] Henry Shirland Linen-draper, be­ing brought all three to the Bar, were by Mr. Speaker injoyned in the name of the whole House, to give their attendance upon the said Committees at the time and place aforesaid, and also at all times in the mean season thereof, if they shall happen to be called by them, or any of them: And so were had out of the House.

And further it is Ordered by this House, Dalton also or­dered to attend That Mr. Speaker do send the Serjeant for John Dalton, late Master of the said John Wells, and to charge him also to attend upon the said Committees, at the said time and place in like manner.

Mr. Vice-Chamberlain for him­self and the residue of the Com­mittees, Tuesd. 14 Feb. Another Re­port from the Committee a­gainst Hall, of new Contempts and Crimes added to his former. appointed to examine Mr. Hall, the Printer, the Scrive­ner, and all other persons privy to the setting forth and publishing of the Book, declared, that they had charged the said Mr. Hall [Page 30] with Contempt against this House the last Session, in that being en­joyned by this House to appear, he departed out of Town, in con­tempt of the Court, and afterwards testified the same his wilful Con­tempt, by an unseemly Letter ad­dressed by him to this House, and charged him further with divers Articles of great importance, se­lected by the said Committees out of the said Book: As first, with publishing the Conferences of this House abroad in Print, and that in a Libel, with a counterfeit Name of the Author, and no Name of the Printer, and containing matter of Infamy of sundry good particular Members of the House, and of the whole State of the House in general, and also of the Power and Authori­ty of this House; Mr. Hall char­geth the House with Injustice. affirming, that he knew of his own knowledge, that this House had de facto judged and proceeded untruely.

And was further charged, That he had injuriously impeached the [Page 31] memory of the late Speaker decea­sed; that he had impugned the Authority of this House, in appoin­ting Committees without his assent; and that in defacing the Credit of the Body and Members of this House, Nota. he practised to deface the Authorities of the Laws and Pro­ceedings in the Parliament, and so to impair the ancient Order, tou­ching the government of the Realm, and Rights of this House, and the form of making Laws, whereby the Subjects of the Realm are governed. And further was charged, That since his being before the Lords of the Councel for his said offence, and after that he had received rebuke of them for the same, and had offered some form of a submission, he had eftsoon again published the said Book; and that upon his Exami­nation in the House, he had denied the having any more than one of the said Books, it was yet proved he had twelve or thirteen, and six of them he had given away, since the time [Page 32] he was called before the said Lords of the Councel.

Unto all which things, as the said Mr. Hall could make no rea­sonable answer or denial, so Mr. Vice-chamberlain very excellently setting forth the natures and qua­lities of the said offences, in their several degrees, moved in the end that Mr. Hall being without at the door, might be called in to Answer unto those points before the whole House, and so there­upon to proceed to some end; and therewithall perswading a due consideration of spending the time as much as might be in matters of greatest moment, wherein much less has been done this Session, then in any other these many years in like quantity of time: And thereupon after divers other motions and speeches had in the said matter, The Printer brought to the Bar again, and re-examined. the Printer was brought to the Bar, and being examined, avowed that Mr. Hall after that he had been before the [Page 33] Lords of the Councel, came to him and told him, that he had an­swered the matter for the Books before the Councel, and that therefore the Printer might deli­ver the said Books abroad. And also whereas the said Printer wished unto the said Mr. Hall, since his last committing, that all the said Books had been burned before he meddled with them; Mr. Hall should say to him again, He would not for 100 l. And then being sequestred.

Mr. Hall Mr. Hall at the Bar, and re­charged by Mr. Speaker. was brought to the Bar, where after some reverence done by him, though not yet in such humble and lowly wise as the state of one in that place to be charged and accused, requireth; whereof being admonished by Mr. Speaker, and further by him charged with sundry of the said parts collected out of the said Book, Submits, refu­seth to answer, acknowledgeth his Error, prays pardon, and is sequestred. he submitted himself to the House, refusing to make any an­swer or defence at all in the matter, [Page 34] but acknowledging his Error, prayed pardon of the whole House with all his heart; and that done, was sequestred.

After which, upon sundry Mo­tions Sundry motions for a proporti­onable punish­ment. and Arguments had touch­ing the quality and nature of his fault, and of some proportionable forms of punishment for the same, as Imprisonment, Fine, banishment from the fellowship of this House, and an utter Condemnation and Retractation of the said Book, it was upon the Question, Resolved Resolved, nemi­ne contradicente Hall to be com­mitted to Pri­son. by the whole House without any one Negative voice:

1. That he should be commit­ted to Prison.

2. And upon another Question likewise Resolved, That he should be committed to the Prison of the Tower, And that Prison to be the Tower as the Prison proper to this House.

3. And upon another Question, it was in like manner Resolved, That he should remain in the said Prison of the Tower by the space of 6. months. There to re­main for six months.

[Page 35] 4. And so much longer as un­til himself should willingly make a Retractation of the said Book, And from thence, till he made a retra­ctation of his Book. to the satisfaction of this House, or of such order as this House shall take for the same, during the con­tinuance of this present Parlia­ment.

5. And upon another Question is was also in like manner Resol­ved, To be fined to the Queen. That a Fine should be asses­sed by this House to the Queens Majesties use, upon the said Mr. Hall for his said offence.

6. And that Fine to be 500 Marks. And upon another Question also it was Resolved in like man­ner, That the said Fine should be 500 Marks.

7. To be severed and cut off from being a Mem­ber of the House. And upon another Question also it was likewise Resolved, That the said Mr. Hall should presently be severed and cut off from being a Member of this House any more, during the continuance of this present Parliament. And the Spea­ker to issue a Warrant for a new Writ. And that Mr. Speaker, by authority of this House, should direct a Warrant [Page 36] from this House to the Clerk of the Crown-Office in the Chancery, for the awarding of the Queens Majesties Writ to the Sheriff of the said County of Lincoln, for a new Burgess to be returned into this present Parliament for the said Burrough of Grantham, in the lieu and stead of the said Ar­thur Hall, so as before disabled any longer to be a Member of this House.

8. His Book and slanderous Li­bel to be ad­judged utterly false and erro­neous. And upon another Question it was also in like manner Resol­ved, That the said Book and scan­dalous Libel should, and shall be holden, deemed, taken and adjud­ged to be utterly false and erronious. And that the same shall be pub­lickly testified, And that to be publickly testi­fied and affir­med by Order of the House. affirmed and set forth to be false, seditious and erronious, in such sort, order and degree as by this House shall be, during this Session of Parliament, further determined in that be­half,

Which done, the said Mr. Hall [Page 37] was brought in again to the Bar, Hall brought to the Bar to re­ceive his Judg­ment, which Mr. Speaker delivered ac­cordingly. unto whom Mr. Speaker in the name of the whole House, pro­nounced the said Judgment in form aforesaid, and so the Serjeant was commanded to take charge of him, and convey him to the said Prison of the Tower, and to deli­ver him to Mr. Lieutenant of the Tower, by Warrant from this House to be directed and signed by Mr. Speaker for that purpose. Which done, and the said Mr. Hall had away by the Serjeant, it was agreed (upon a motion made by the Speaker) that the whole course and form of the said proceedings and Judgment of this House against the said Mr. Hall, should be after­wards orderly digested and set down in due form, to be first read in this House, and then so entred by the Clerk as the residue of the Orders and proceedings of this House, in other Cases, are used to be done. And so it was after­wards drawn into form, read un­to [Page 38] the House, aud entred by the Clerk accordingly, in haec verba: (viz.)

Whereas it was informed unto this House, The Procee­dings against Hall drawn up, read and a­greed to by the House. upon Saturday being the fourth day of this present Fe­bruary, That Arthur Hall of Gran­tham in the County of Lincoln Esquire, had sithence the last Ses­sion of this Parliament, set forth in print and published a Book, dedicated unto Sir Henry Knyvet Knight, a good Member of this House, without his privity, liking or allowance, in part tending greatly to the slander and re­proach not only of Sir Robert Bell Knight, deceased, late Speaker of this Parliament, and of sundry particular Members of this House, but also of the proceeding of this House in the same last Session of Parliament, in a Cause that con­cerned the said Arthur Hall, and one Smalley his man; and that there was also contained a long discourse tending to the diminish­ment [Page 39] of the ancient Authority of this House; and that thereupon by Order of this House, the said Arthur Hall was sent for by the Serjeant of this House, to appear on Monday following, which he did accordingly: whereupon be­ing called to the Bar, and char­ged by the Speaker with the In­formation given against him, he confessed the making and setting forth thereof: whereupon the said Arthur Hall being sequestred, the House did presently appoint divers Committees to take a more particular Examination of the said Cause, and of all such as had been doers therein; which Exa­mination being finished by the said Committees, they informed this House that they had charged the said Arthur Hall with Con­tempt against this House the said last Session, in that being enjoy­ned by this House to appear there at a time by this House prefixed, departed out of the Town in con­tempt [Page 40] of the Court, and afterwards testified and asserted the same his wilful contempt, by an unseemly Letter addressed by him to this House; and charged him also with publishing the Conferences of this House, abroad out of the House, and that also in print, in manner of a Libel, with a counterfeit name of the Author, and without any name of the Printer: in which Book or Libel was contained mat­ter of reproach and infamy to sun­dry good Members of this House in particular, and of the whole state of the House in general, re­proaching and embasing what in him lay, the Power and Authority of this House; and untruly repor­ting the Orders of this House, affirming amongst other great re­proaches, that he knew of his own knowledge that this House had judged and proceeded untruly; and further charged him, that he had therein also injuriously im­peached the memory of the late [Page 41] Speaker deceased, affirming that the Orders of this House were not by him truly delivered or set down, but altered and changed.

And not herewith satisfied, Rot. Pat. 48 H. 3. m. 6. dorso. Forma pacis in­ter Regem & Barones. The Articles of Peace à Domino Rege & Domi­no Edwardo, Praelatis & Proceribus om­nibus, & Com­munitate tota regni Angliae communiter & concorditer ap­probat. were sealed by the Bishops of Lin­coln and Ely, Earl of Norf. Earl of Oxon. Humphrey Bo­hun, William de Monte Canisio, & Major. London. in Parliamento London. mense Junii, Anno Dom. 1264. de consensu, voluntate & praecepto Domini Regis, necnon Praelatorum, Baronum, ac etiam Communitatis tunc ibidem praesentium. And not only so, but that Record tells us, Quod quaedam ordinatio facta in Parliamento London. habito circa festum Nativitatis Sancti Johannis Baptistae prox' praeteritum, pro pace Regni conservanda. hath in some part thereof contained a false and slanderous discourse a­gainst the Antiquity and Autho­rity of the Commons House, or Third Estate of the Parliament; wherein he hath falsly sought, as much as in him is, to impugn, de­face, blemish and diminish the Po­wer, Antiquity and Authority of this House, and the Interest that it hath always, and in all ages had, to the great impeachment of the ancient order and government of this Realm, the rights of this House, and the form of making Laws. [Page 42] And that since his being before the Lords of the Councel for his said offence, Pultons Stat. 24 H. 8. c. 12. It is unani­mously decla­red, adjudged and confirmed, That the King, his noble Pro­genitors, and the Nobility and Commons of the said Realm, at di­vers and sun­dry Parlia­ments as well in the time of King E. 1. R. 2. H. 4. and other noble Kings of this Realm, made sundry Ordinances, Laws, Statutes and Provisions for the entire and sure con­servation of the Prerogative, Liberties and Preheminences of the said Imperial Crown of this Realm, and of the Jurisdiction Spiritual and Temporal of the same, to keep it from the annoyance as well from the See of Rome, as from the Authority of other Foreign Potentates, attempting the diminu­tion and violation thereof, as often and from time to time as any such annoyance and attempt might be known or espied. and after he had re­ceived rebuke of them for the same, and had offered some form of submission in that behalf, he had eftsoons again published the said Book; and that upon his Examination in this House, he had denied the having of any more then one of the said Books, yet it was proved he had 12. or 13. of them, and 6. of them since the time he was called before the Lords of the Councel: and that he had by his Letters given order to have—of those Books prin­ted, which was done according­ly; and that he had caused one of the said Books, sithence this Sessi­on of Parliament, to be sent to Sir Randal Brewerton Kt.

[Page 43] Unto all which, Ex vetusto MS. Staeturorum pe­nes Johan' Pea­chy de Interior' Templo Armig. King Edw. 2. and the whole Parliament, in the 15. year of his Reign, when the Ordinances which had been made before that time, by certain Pre­lates, Earls and Barons, by the consent of that King, & la Comunante de la terre, were repealed, be­cause in many things they re­strained▪ the Power Royal too much; yet in the Act of Repeal there is a salvo semper jure Regni sive Parliamenti, for they unanimously agree and provide, Mes les choses que sont establer pur le state nostre Seigneur le Roy & ses heirs, & pur le state du Roialme & du Peuple, soient tretez, accordez & establez en Par­lement par nostre dit Seigneur le Roy, & par l'assent des Prelatz, Comtz, Barons, & tout le Commune du Roialme, auxi come ad estre accustumer ceo en arrear; That those things which are for establishing the Estate of the King and his Heirs, and for the Estate of the Realm, and the People thereof, shall be treated of, accorded and established in Parliament by the King, and by the assent of the Prelates, Earls, Barons, and all the Commons of the Realm, as it had been accustomed in times past. as the said Ar­thur Hall could make no denial, or sufficient Answer, so the said Committees setting forth the na­ture and qualities of the said Of­fences in their several degrees, moved in the end that the said Arthur Hall might be called into the House, to answer unto those Points before the whole House, and so thereupon to proceed to some speedy end, perswading therewithal a due consideration to be had of spending the time as much as might be, in such Matters of the Realm, for which this Parliament was chiefly called. [Page 44] Whereupon after divers other Motions and Speeches had in the said Matter, Rastals Stat. Anno 38 E. 3. f. 124. the Sta­tute of Provi­sors from Rome. And to the in­tent that the said Ordinances and every of the same, for the ease, quiet­ness and wealth of the Com­mons, be the better sustai­ned, executed and kept, and that all those which have of­fended, or shall offend against these Ordinances, by prosecutions, accusations, denunciations, citations, or other Process, made or to be made out of the said Realm, or within, or otherwise against any manner of person of the said Realm, be the more covenable, and speedily brought in an­swer, to receive right according to their desert. The King, the Prelates, Dukes, Earls, Barons, Nobles, and other Commons, Clerks, and Lay-people, be bound by this present Ordinance to aid, com­fort, and to counsel the one and the other, and as often as shall need, and by all the best means that may be made of word and of deed, to impeach such offenders, and resist their deeds and enterprizes, and without suffering them to inhabit, abide, or pass by the Seig­nories, Possessions, Lands, Jurisdictions, or Places, and be bound to keep and defend the one and the other from all damage, villainy, and reproof, as they should do their own persons, and for their deed and business, and by such manner, and as far forth as such Prosecu­tions or Process were made or attempted against them in especial general, or in common. the said Printer was brought to the Bar, and being examined, avowed, that Arthur Hall after he had been before the Lords of the Councel, came to him, and told him, that he had answered the Matter for the said Books before the Councel; and that therefore the said Printer might deliver the said Books abroad; affirming also, that whereas the said Henry Bynnyman the Printer, sithence this Session [Page 45] of Parliament, Rot Parl. 21 R. 2. n. 27. Pur le Pape s'accorde­rent touts les Prelats, Seig­neurs & Com­munes en le Parlement. That Pope Ur­ban was true & lawful Pope, and that the Livings of all Cardinals, Re­bels to Holy Father, and all others their coadjutors, fau­tors and adhe­rents, and all other Enemies of the King and his Realm, shall be seized into the hands of the King, and the King to be answered of the profits thereof; and whosoever shall procure or ob­tain any Pro­vision or other Instrument from any other Pope then the said Urban, shall be out of the Kings Protection. and since his last committing, wishing unto the said Arthur Hall, that all the said Books had been burned before he meddled with them; that Arthur Hall should say to him again, he would not so for 100 l. And then he being sequestred, Arthur Hall was brought to the Bar, where after some mean reverence by him done, though not in such humble and lowly wise, as the state of one in that place to be charged and accused, required; whereof being admonished by the Speaker, and further by him charged, as well with the said parts collected out of the said Book, as with other his Misdemeanours and Contempts aforesaid, he in some sort submitted himself to the House, acknowledging in part the Matters wherewith he was charged, and in some other parts denied the same, but not making [Page 46] any good defence in the Matter, Certaine Priests en Angleterre avoient offend en diverse points en temps R. 2. durant le division de la Papacy, les fue­ront per Act del Parlement deprives de leur Benefices. 21 H. 7. fo. 34. but acknowledging in part his Errors, imputing it for the most part to his misprision, and that in other parts the Matters were gathered otherwise than he meant; and thereupon he pray­ed pardon of the House, and that done, was sequestred.

After which, upon sundry Mo­tions and Arguments had tou­ching the nature and quality of his Faults, Rot. Parl. 2 H. 5. par. 2. num. 10. An Act of Par­liament made 2 H. 5. agrees and confirms, that it was ever the liberty and freedom of the Commons of England, that no Statute or Law could be made, unless they gave thereto their assent; and the Reason was convincing and certain, which the King and his Councel, the Archbishops, Bishops, Abbots, Priors, Earls and Barons in Parliament, agreed to, and never in the least questioned or doubted of, that the Commons of the Land have ever been a Member of Parliament, and were as well Assenters as Petitioners. The Record is thus; That so as it hath ever be their liberte and freedom, that ther should no Statute, ne Law, be made, of less then they yaffe thereto there assent, considering that the Common of your Lond, the which that is and ever hath be a Membre of your Parliament, ben as well Assenters as Petitioners. and of some propor­tionable forms of such punishment for such grievous Offences, it was upon the Question Resolved and Ordered by the whole House, without any one negative Voice, [Page 47] that he should be committed to Prison. Rot. Parl. 3 H. 5. n. 11. Nostre Seigneur le Roy per avys & as­sent des Seig­neurs & Com­munes, Enact. That during the Schism at Rome, all Bi­shops and other persons of Holy Church, shall be consecrated by the Metro­politan, upon the Kings Writ, without fur­ther excuse or delay.

And upon another Question likewise Resolved and Ordered, that he should be committed to the Prison of the Tower, as the Prison usual for Offenders to be committed unto by this House.

And upon another Question it was in like manner Resolved and Ordered, that he should remain in the said Prison of the Tower by the space of 6 months, and so much longer, as until himself should willingly make a particular Revocation or Retraction under his Hand in writing, Pultons Stat, 24 H, 8. c. 12. It was enacted by Authority of Parliament, That all Archbishops and Bishops of this Realm, or of any the Kings Dominions, consecrated, and at this present time taken and reputed for Archbishops and Bishops, may by Au­thority of this present Parliament, and not by vertue of any pro­vision, or other foreign Authority, License, Faculty, or Dispensa­tion, keep, enjoy and retain their Archbishopricks and Bishopricks, in as large and ample manner, as if they had been promoted, elected, confirmed and consecrated, according to the due course of the Laws of this Realm; and that every Archbishop and Bi­shop of this Realm, and of other the King's Dominions, may mi­nister, use and exercise all and every thing and things, pertaining to the Office or Order of an Archbishop and Bishop, with all to­kens in Signs and Ceremonies thereunto lawfully belonging. of the said [Page 48] Errors and Slanders contained in the said Book, Rastals Stat 25 H. 8. c. 12. It is declared both by the Lords & Com­mons, That your Royal Majesty, and your Lords Spiritual and Temporal, and Commons re­presenting the whole state of your Realm, in this your most High Court of Parliament, have full power and authority not only to dis­pence, but also authorize some elect person or persons to dis­pence with those and all other Humane Laws of this your Realm, and with every one of them, as the quality of the per­sons and matter shall require; and also the said Laws and every of them to abrogate, adnul, amplifie or diminish, as shall be seen unto your Majesty, and the Nobles and Commons of your Realm, present in your Parliament, meet and convenient for the wealth of your Realm, as by divers good and wholesom Acts of Parlia­ment, made and established as well in your time, as in the time of your most noble Progenitors, it may plainly and evidently appear. to the satisfaction of this House, or of such Order as this House shall take for the same, during the continuance of this present Session of Parlia­ment.

And upon another Question it was also in like manner Resolved and Ordered, that a Fine should be assessed by this House to the Queens Majesties use upon the said Arthur Hall, for his said Offence.

And upon another Question it was Resolved and Ordered in like manner, that the said Fine should be 500 Marks.

And upon another like Questi­on it was likewise Resolved and [Page 49] Ordered, that the said Arthur Hall should presently be remo­ved, Pultons Stat. An. 2 & 3 E. 6. cap. 21. All Laws prohibi­ting Spiritual persons to mar­ry, who by Gods Law may mar­ry, shall be void. severed and cut off, from being any longer a Member of this House, during the continu­ance of this present Parliament; and that the Speaker by Authori­ty from this House, should direct a Warrant from this House to the Clerk of the Crown-Office in the Chancery, Be it therefore enacted by our Soveraign Lord the King, with the assent of the Lords Spiritual and Temporal, and the Commons in this pre­sent Parliament assembled, and by the Authority of the same, that all and every Law and Laws positive, Canons, Constitutions, and Ordinances heretofore made by Authority of Man only, which do prohibit or forbid marriage to any Ecctesiastical or Spiritual person or persons, of what estate, condition or degree they be, or by what name or names soever they be called, which by Gods Law may lawfully marry, in all and every Article, Branch and Sentence, concerning only the prohibition for the marriage of the persons aforesaid, shall be utterly void and of none effect; and that all manner of forfeitures, pains and pe­nalties, crimes or actions, which were in the said Laws con­tained, and of the same did follow, concerning the prohibition for the marriage of the persons aforesaid, be clearly and utterly void, frustrate, and of none effect, to all intents, constructions and purposes, as well concerning marriage heretofore made by any of the Ecclesiastical or Spiritual persons aforesaid, as also such which hereafter shall be duly and lawfully had, celebrate and made, betwixt the persons which by the Laws of God may lawfully marry. for the awarding of [Page 50] the Queens Majesties Writ, to the Sheriff of the said County of Lincoln, Lastly, Knigh­ton one of our best and most exactest Hi­storians, tells posterity the ancient ends of calling Parliaments, in the Speeches made by Tho. de Woodstock Duke of Glou­cester, the Kings Uncle, and Tho. de Arundel Bishop of Ely, to King Richard 2d. at Eltham, in the 12th. year of his Reign, in the name of the whole Parliament then sitting at Westminster, wherein the said Delegates do put that King in mind, Quod ex antiquo Statuto & Consuetudine laudabili & approbata, &c. (saith the Historian) That by ancient Statute and Custom lau­dable and approved, which no man could deny, the King may once in the year convene his Lords and Commons to his Court of Parliament, as to the highest Court of the whole Realm. [ In qua omnis equitas relucere deberet absque qualibet scrupulo­sitate vel nota, tanquam Sol in ascensu meridiei, ubi pauperes & divites pro refrigerio tranquilitatis & pacis, & repulsione inju­riarum refugium infallibile querere possent, ac etiam Errata Regni reformare, & de statu & gubernatione Regis & Regni cum sa­pientiori Concilio tractare, ut Inimici Regis & Regni intrinseci, & hostes extrinseci destruantur & repellantur, qualiter quoque onera incumbentia Regi & Regno levius ad Ediam Communita­tis suportari poterunt.] In which Court (say they) all equity ought to shine forth, without the least Cloud or shadow, like the Sun in his Meridian glory, where poor and rich refreshed with peace and ease of their oppressions, may always find infallible and sure refuge and succour; the grievances of the Kingdom re­dress'd, and the state of the King and government of the Realm debated with wiser Counsels, the Domestick and Foreign Ene­mies of the King and Kingdom destroyed and repelled, and to consider how the charges and burthens of both may be sustained with more ease to the people. for a new Burgess to be returned into this present Parlia­ment, [Page 51] for the said Burrough of Grantham, in the lieu and stead of the said Arthur Hall, so as be­fore disabled any longer to be a Member of this House.

And upon another Question it was also in like manner Resolved and Ordered, that the said Book or Libel was and should be holden, deemed, and taken and adjud­ged, to be for so much as doth concern the Errors aforesaid, con­demned.

Which done, the said Arthur Hall was brought in again to the Bar, unto whom the Speaker in the Name of the whole House, pronounced the said Judgement in form aforesaid; and so the Ser­jeant commanded to take charge of him, and convey him to the said Prison of the Tower, and to deliver him to the Lievtenant of the Tower by Warrant from this House, to be directed and signed by the said Speaker for that pur­pose.

[Page 52] Whereas by a former Order of this House, Saturday the 18. of March. A further Or­der against Mr. Hall. Arthur Hall Esq was committed Prisoner to the Tower of London, there to remain by the space of 6 months, and so much longer, as until himself should willingly make a general Revo­cation or Retractation under his Hand in writing, of certain Er­rors and Slanders, contained in a certain Book set forth in Print, and published in part, greatly tending to the slander and re­proach of Sir Robert Bell Kt. de­ceased, late Speaker of this present Parliament, and of sundry other particular Members of this House, and also of the Power, Antiquity and Authority of this House, to the satisfaction of this House, or of such Order as this House should take for the same, during the con­tinuance of this present Session of Parliament, as by the same Or­der made and set down by this House, upon Tuesday being the 14th. day of February foregoing, [Page 53] in this present Session of Parlia­ment, more at large doth and may appear. And where also the said Arthur Hall hath ever since the said Order taken, remained in the said Prison of the Tower, and yet still doth, and hath not at all made any Revocation or Re­traction of the said Slanders, Errors and Vntruths, to the sa­tisfaction of the said House, accor­ding to the said Order; Hall's Retra­ctation to be referred to a certain Com­mittee. It is now therefore Ordered and Resolved by this House, that the further allowance of such Revocation or Retractation to be hereafter made as aforesaid, shall be referred un­to the Right Honourable Sir Francis Knolls Knt. one of her Majesties most Honourable Pri­vy Councel, and Treasurer of her Highness's most Honourable House­hold; Sir James Croft Knt. one other of her Majesties most Ho­nourable Privy Councel, and Comptroller of her Majesties said most Honourable Houshold; Sir [Page 54] Christopher Hatton Knt. one other of her Highness's said most Honou­rable Privy Councel, and Vice-Chamberlain to her Majesty; Sir Francis Walsingham Knt. and Thomas Wilson Esq her Highness's two principal Secretaries; Sir Walter Mildmay Knt. one of her Highness' said most Honourable Privy Councel, and Chancellor of her Highness's Court of Exchequer; and Sir Ralph Sadler Knt. one other of her Highness said most Honourable Privy Councel, and Chancellor of her Highness's Dutchy of Lancaster, being all Members of this House, or unto any three of them, The Commit­tee to Report Hall's Retra­ctation at the next Session of Parliament. to be by them or any three of them further Declared and Reported over unto this House, in the next Session of Parliament to be holden after the end of this said Session accordingly.

The 3d. Case of Arthur Hall Esq

ON Saturday the 12th. day of December, Anno 27 Eliz. Jour. Dom. Com. Saturday 12 December. Contempt in a Member. notice be­ing given to the House, of one Mr. Hall, a Member of the same, that had not attended all this Parliament, it was Ordered, The Serjeant to give warning to Mr. Hall tu attend the House. that the Serjeant should give him warning to attend upon Munday next.

The Business of Mr. Arthur Hall, of which the House had been informed upon their first Meeting this Morning, was be­fore the rising of the House refer­red to Mr. Wolley, Mr. Crumwel, Mr. Diggs, and Mr. Sands, to peruse the Order touching the same, against Munday next, being the day appointed by the House for the said Mr. Hall to appear before them. [Page 54] [...] [Page 55] [...]

The 4th. Case touching Arthur Hall Esq

ON Munday the 21. day of November, Monday the 21 November, Anno 29 Eliz. An. Dom. 1586 (to which day the Parliament had been on Fri­day the 18th. day of the said Month foregoing last adjourned) Mr. Markham, Mr. Markham's Complaint a­gainst Mr. Hall. a Burgess for the Burrough of Grantham in the County of Lincoln, shewed on the behalf of the Inhabitants of the said Burrough, That Mr. Arthur Hall having been in some former Parliaments returned a Burgess for the said Burrough, and in some of the said Parliaments, for certain Causes the House then mo­ving, That he being for ever disa­bled to be a Member of the House, had not­withstanding brought his Writ against the Inhabitants of Grantham for his Wages disabled for ever afterwards to be any Member of this House at all, hath of late brought a Writ against the Inhabitants of the said Burrough for his Wages, (amongst other times) in attendance at the late Session of Parliament holden at Westminster, in the 27th. year [Page 57] of her Highness's Reign, during which time, as also a great part of some other of the said former Parliaments, he did not serve in the said House, but was for some Causes as aforesaid disabled to be any Member of this House, and was also then committed Prisoner to the Tower of London, and so prayeth the Advice and Order of this honourable House therein; Who pray the advice and or­der of the House. un­to the Censure and Order whereof, the said Inhabitants do in most humble and dutiful wise submit themselves, and so shewed the said Writ, which was then read by the Clerk; after the reading whereof, and some Speeches had touching the former Proceedings in this House against the said Mr. Hall, as well in disabling him to be any more a Member of this House, as also touching his said Imprisonment, the Matter was re­ferred to further Consideration, af­ter search of the Presidents and Entries of this House heretofore [Page 58] had and made in the course of the said Cause.

On Friday the 2d. day of De­cember, Friday the 2d. of December. upon a Motion this day renewed on the behalf of the In­habitants of the Burrough of Gran­tham, in the County of Lincoln, touching a Writ brought against them by Arthur Hall Esq where­by he demandeth Wages of the said Inhabitants, for his Service done for them in attendance at sundry Parliaments, being elected and returned one of the Burgesses of the said Burrough in the same Parliaments; For as much as it is alledged, that the said Arthur Hall hath been heretofore disabled by this House, to be at any time afterwards a Member of this House; and also that in some Sessions of the same Parliaments, he hath neither been free of the Corporation of the said Burrough, and in some other also hath not given any at­tendance in Parliament at all: It is Ordered, that the Examina­tion [Page 59] of the state of the Cause be committed to the Right Honoura­ble Sir Walter Mildmay Kt. one of her Majesties most Honourable Privy Councel, Referred to a Committee. Chancellor of her Highness's Court of Exchequer, Sir Ralph Sadler Kt. one other of her Majesties most Honourable Pri­vy Councel, and Chancellor of her Highness's Dutchy of Lancaster, Thomas Crumwel, Robert Mark­ham, and Robert Wroth Esquires; to the end, that after due Exa­mination thereof by them had, (if it shall so seem good to them) they do thereupon move the Lord Chancellor on the behalf of this House, With directions if they think good, to move the Lord Chan­cellor to stay the granting of further Process against the Burrough. to stay the granting out of any Attachment or other Process against the said Inhabitants for the said Wages, at the Suit of the said Arthur Hall, and the said Com­mittees also to signifie their Pro­ceedings therein to this House, at the next Sitting thereof accor­dingly.

An Order delivered by Mr. Crum­wel, Entred by the Consent of the House.

WHereas upon Complaint made to this House, Tuesday the 21. of March. upon Munday the 21. day of November, in the first Meeting of this present Parliament, on the behalf of the Burrough of Grantham, in the County of Lincoln, against Arthur Hall Gent. That the said Arthur Hall had commenced Suit against them, for Wages by him deman­ded of the said Burrough, as one of the Burgesses of the Parlia­ment, in the Sessions of Parliament holden in the 13. 14. 18. and 23. years of the Reign of our Sovereign Lady the Queens Majecty, where­in it was alledged, that the said Burrough ought not to be charged, as well in respect of the negligent attendance of the said Mr. Hall at the said Sessions of Parliament, and some other Offences by him [Page 61] committed at some of the said Sessions, as also in respect that he had made promise not to require any such Wages. The Examina­tion of the said Cause, on the 2d. day of December, in the last Session of this Parliament, by Order of this House, was committed unto Sir Ralph Sadler Kt. Chancellor of the Dutchy, Sir Walter Mild­may Kt. Chancellor of the Exche­quer, Thomas Crumwel, Robert Markham, and Robert Wroth Esqs. This day Report was made by the said Committees, that not ha­ving time during the last Session of Parliament, to examine the Circumstances of the Cause, they had in the mean season by their Letters advertised my Lord Chan­cellor, that the said Cause was committed unto them, and hum­bly requested his Lordship, The Ld. Chan­cellor, at the request of the Committee, stays further Process against Grantham. to stay the issuing forth of any fur­ther Process against the said Bur­rough, until this Session of Par­liament (or Meeting) which ac­cordingly [Page 62] his Lordship had very honourably performed; and the said Committees did further de­clare, that having, during this Session of Parliament (or Meet­ing) sent for Mr. Hall, declared unto him the effect of the Com­plaint against him; they had de­sired him to remit the said Wages which he had demanded of the said Burrough, whom they found very conformable to condescend to such their Request; and that the said Mr. Hall then alledged and affirmed unto them, that if the Citizens of the said Burrough would have made suit unto him, he would upon such their own suit then remitted the same; so was he very willing to do any thing which might be grateful to this House, Mr. Hall frank­ly remits his Wages to the Burrough of Grantham. and did freely and frankly remit the same; which being well liked of by this House, it was by them this day Ordered, that the same should be entred accordingly.

§. 1. Mr. Arthur Hall's Case stated.

I. Ex Journ. Dom. Com. ANno 23 Eliz. 1580. Mr. Arthur Hall, Burgess for Grantham, for writing a Book de­rogatory to the Authority, Power and State of the Commons House of Parliament, had Judgment, nemine contradicente.

1. Judgment. To be imprisoned in the Tower for 6 months, and from thence till he had made a Retra­ctation of his Book.

2. The like Presi­dent An. 3 Car. 1. Vid. Journ. Dom. Com. To be severed and cut off from being a Member of that or any future Parliament.

3. A Fine of 500 Marks to the Queen.

4. His Book and slanderous Libel adjudged utterly false and erroneous.

II. Journ. Dom. Proc. & Com. The Bishop of Bristol's Case. Anno 1 Jacobi, 1603. The Bishop of Bristol publishing a Book, tending to make division and strife, wrong and dishonour, [Page 64] both to the Lower House, and the Lords themselves, was complai­ned of by the Commons to the Lords.

The Earl of Salisbury at a Con­ference between the two Houses, rebuked the Bishop, That any man should presume to see more than a Parliament could; the Bishop made his Recantation:

1. That he had erred.

2. That he was sorry for it.

3. If it were to do again, he would not do it.

4. But protested, it was done of ignorance and not of malice.

III. Ex Journ. Dom. Proc. & Com. 7 Jac. The Case of Dr. Cowell. Anno 7 Jacobi, 1609. Dr. Cowell, Professor of the Civil Law at Cambridge, writ a Book called the Interpreter, rashly, dan­gerously, and perniciously asser­ting certain Heads, to the over­throw and destruction of Parlia­ments, and the fundamental Laws and Government of the King­dom.

[Page 65] He was complained of by the Commons to the Lords, Men despise and reproach those things whereof they are ignorant. It is a desperate and dangerous matter for Ci­vilians and Canonists, (I speak what I know, and not without just cause) to write either of our Common Laws of England, which they pro­fess not, or a­gainst them, which they know not. But their Pages are so full of palpa­ble Errors, and gross Mistakings as these new Authors are out of our Cha­rity, and their Books out of our Judgment, cast away un­answered. Coke lib. 10. Lectori. as equally wounded, who resolved to censure his Errors and boldness: but upon the interposition of the King, who declared that the man had mista­ken the Fundamental Points and Constitutions of Parliaments, pro­mised to condemn the Doctrines of the Book as absurd, and him that maintained the Positions, they proceeded no further.

His Principles, with the evi­dent Inferences from them, were these:

1. That the King was solutus à Legibus, and not bound by his Coronation Oath.

2. That it was not ex necessitate that the King should call a Par­liament to make Laws, but might do that by his absolute power; for Voluntas Regis (with him) was Lex populi.

3. That it was a favour to admit the consent of his Subjects, in gi­ving of Subsidies.

[Page 66] 4. The Doctor draws his Ar­guments from the Imperial Laws of the Roman Emperors; an Ar­gument which may be urged with as great reason, and upon as good authority, for the reduction of the state of the Clergy of England, to the Polity and Laws in the time of those Emperors; as also to make the Laws and Customs of Rome and Constantinople, to be binding and obligatory to the Cities of London and York.

IV. Blackwood's Case. Jour. Dom. Com. In the same Parliament, Mr. Hoskins a Member of the Commons, produced several other Treatises containing as much as Dr. Cowell's Book, all sold impune; amongst the rest there was one Blackwood's Book, which conclu­ded, That we are all Slaves by reason of the Conquest. Nota.

Upon these pernicious and false principles, our more modern Au­thors have without controul pub­lished to the World, these, and [Page 67] many more dangerous positions, against the very being and honour of Parliaments, and destructive to the ancient fundamental Laws, Priviledges, and Customs of this Realm.

POSITIONS.

1. E contra Vide the anci­ent Rights of the Commons of England as­serted, or a dis­course, proving by Records and the best Histo­rians, that the Commons of England were ever an essen­tial part of Parliament. That originally the Parlia­ment consisted only of such as it pleased the King to call, none ha­ving Right to come else.

2. That all the Subject hath, is the Kings: and he may lawfully at his pleasure take it from us, in re­gard he hath as much Right to all our Lands and Goods, as to any Revenue of the Crown.

3. That the Saxon Kings made Laws by the advice of the Bishops, and Wise men, The Power of Kings, in parti­cular of the Kings of Eng­land, learnedly asserted by Sir Robert Filmer Kt. fol. 1. Printed An. Dom. 1680. which were no other then the Privy-Councel.

4. That the Laws, Ordinances, Letters Patents, Priviledges and Grants of Princes, have no force but during their life, if they be not ratified by the express con­sent, [Page 68] or at least by the sufferance of the Prince following, who had knowledge thereof.

What then becomes of the Peerage of England? what of the Bishops, Deans, Prebends, and other dignified Clergy? what of the Charters of all Corporations? what of hereditary Offices? and what of Offices and Places for life? and lastly, what becomes of the Charters and Priviledges of the two most famous Vniversi­ties▪ of England, Cambridge and Oxford?

5. That Taxes and Subsidies were raised and paid without any gift of the Commons, or of any Parliament, in the Saxon times; for instance, Danegelt.

6. For it was matter of Grace for the King to call the Commons to Parliament. Yet afterwards the Commons were called and made a House by the Bishops, in the times of the Barons War, the better to curb them; yet were [Page 69] they never called to consult, but only to consent.

7. Yet others deny that, and affirm that the Commons had their first birth and beginning by Re­bellion, Anno 49 H. 3. and that too after the Battel of Lewes, when the Barons had the King and Prince Edward in their power as prisoners, and exercised Regal Au­thority in his Name. He reigned 57. years.

8. But this is not agreed by some, for they say, ab ingressu of William the First, ad excessum H. 3. they cannot find one word of the Plebs or Commons being any part of Parliament; hence another infers, that the opinion is most like, who think, That the Commons giving their assent to making of Laws, began about the time of E. 1.

9. The Legislative power is wholly in the King, for the Statutes of most antiquity (according to the phrase of penning) may seem [Page 70] to be the meer will and pleasure of the King, assisted with his Coun­cel, neither Lords nor Commons being named: witness, inter al. the Statute of Magna Charta, 9 H. 3. &c.

10. Nor did the Commons take into consideration matters of Re­ligion, which was only the place and function of the Lords Spiri­tual and Divines to determine, and not at all appertaing to the Laity: semper exclusis Dominis Temporalibus, & Communitate Regni.

11. As for the Priviledges of the House of Commons pretended to, there's none to be found full, and firm, but only their being freed from Arrests, and that hardly.

12. They are not called to be any part of the Common Councel, by the Writ of Summons.

13. Nor to consult de arduis Regni negotiis, of the difficult bu­siness of the Kingdom.

[Page 71] 14. For the Writ saith, That the King would have conference and treat with the Great men and Peers, but not a word of treaty and conference with the Commons.

15. Their duty being only ad faciend. & consentiend. to perform and consent to such things as should be Ordained by the Com­mon Councel of the Kingdom.

16. Nor is there so much men­tion in the Writ, as a power in the Commons to dissent. [No more is there in the Lords Writ, what then?]

17. Until H. 7's time the Com­mons were often petitioning, but never petitioned to, and then di­rected to the Right Worshipful Commons.

18. That until the time of E. 6. (who was an Infant) for that I suppose was the pretended foun­dation of the notion, it was pun­ctually expressed in every Kings Laws, that the Statutes were made by the King alone: and then there [Page 72] began a dangerous alteration in the phrasing and wording of Acts of Parliament, to the disadvan­tage of the Crown, and invading the Prerogative.

19. Lastly, for it would be te­dious to trouble the Reader with all their absurdities, Chimaera's, and false Inferences and Notions with which they have stuffed their Books, and imbroiled the Kingdom, by imposing upon the understan­ding of many of the Clergy and Gentry in the Nation; They boldly assert, that the Kings Prerogative is a preheminence in cases of neces­sity, (of which he is the proper and sole Judge) above and before the Law of property and inheritance.

And so farewell all Parlia­ments; and by consequence, fare­well all Laws.

It is God alone who subsists by himself; the Right of Crowns and Kingdoms, and all other things, exist in mutual dependance and re­lation. The Soveraignty, Honours, [Page 73] Lives, Liberties and Estates of all, are under the guard of the Law, which when invaded by fraud or wit, or destroyed by force, a dis­mal confusion quickly veils the face of Heaven, and brings with it hor­rid darkness, misery and desolation; Rapine, plunder and cheating, both private and publick, will be al­lowed and protected; continual Rebellions, unjust Proscriptions, villanous Accusations and Whip­pings, illegal and lasting Imprison­ments and Confiscations, dismal Dungeons, tormenting Racks and Questions, Arbitrary and Martial Law, Murthers, inhumane Assassi­nations, and base and servile Flat­teries, multiplied by Revenge, Am­bition, and insatiable Avarice, will become the Common Law of the Land.

All these and myriads more will be enacted for Law, by force or fraud.

All which that wise King James well understood, who saith, That [Page 74] not only the Royal Prerogative, King James's first Speech to his first Parlia­ment in Eng­land. Pulton's Stat. 1 Jac. cap. 2. fol. 1157. but the Peoples security of Lands, Livings and Priviledges, were preserved and maintained by the ancient fundamental Laws, Privi­ledges and Customs of this Realm, and that by the abolishing or alter­ing of them, it was impossible but that present confusion will fall up­on the whole state nnd frame of this Kingdom.

And his late Majesty of ever blessed memory, King Charles the I. Declara­tion to all his loving Subjects, published with the Advice of his Privy Councel. Exact Collecti­ons of Declara­tions, pag. 28, 29. was of the same mind and opinion, when he said, The Law is the Inheritance of every Subject, and the only secu­rity he can have for his Life or Estate, and the which being neg­lected or dis-esteemed, (under what specious shew soever) a great measure of infelicity, if not an irreparable confusion, must without doubt fall upon them.

But to return back.

V. Journ. Dom. Com. Dr. Man­waring's Case. Anno 3 Caroli primi, Dr. Manwaring was impeached in Par­liament [Page 75] by the Commons, Juratores prae­sentant quod Richardus Empson nuper de London mi­les nuper Consi­liarius excellen­tissimi Principis Henrici nuper Regis Angl. 17. die Maii Anno Regni dicti nu­per Regis 12. & diversis vicibus antea & postea apud London in Parochia sanctae Brigettae in Warda de Farrington ex­tra, Deum prae oculis non ha­bens, sed ut filius diabolicus sub­tiliter imagi­nans honorem, dignitatem, & prosperitatem dicti nuper Regis, ac prosperitatem Regni sui Angliae minime va­lere, sed ut ipse magis singulares favores dicti nuper Regis adhibe­ret, unde magnat. fieri potuisset, ac totum Regnum Angliae, se­cundum ejus voluntatem gubernaret falso deceptivè & proditoriè legem Angliae, subvertens diversos ligeos ipsius nuper Regis, ex sua falsa covina, & subtili ingenio, contra communem legem Regni Angliae. Anderson's 1. Rep. fol. 156. 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 [...]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,

[Page 76] 1. Vide Rush­worth' s Colle­ctions, fo. Judgment a­gainst the Do­ctor. To be imprisoned during pleasure of the House of Lords.

2. Was fined a 1000 l. to the King.

3. Journ. Dom. Procerum. 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. Fo [...] 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 [Page 77] 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,

After all which, The Lords or­der the Bishop of London to suspend the Doctor. 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.

An Act to secure the Debt of Simp­son, Anno primo Regis Jacobi, Num. 42. penes Joh. Brown, Ar. Cler. Parliamentor. and others, and save harm­less the Warden of the Fleet, in Sir Thomas Shirley's Case.
Soit baile aux Seigniours.
A cest Bille ov Esq les Amend­ments annexes, les Seigniours ont assentus.

HUmbly pray the Commons of this present Parliament, That whereas Thomas Shirley Kt. which came by your Highness's Commandment to this your pre­sent Parliament, being elected and returned a Burgess for the Burrough of Steyning, in your Highness's County of Sussex, was upon the 15th. day of March last past, arrested by the Sheriffs of London, at the Suit of one Giles Simpson, first upon an Action of Debt, and afterwards laid and de­tained in Execution upon a Recog­nizance, [Page 123] of the nature of the Sta­tute Staple of 3000 l. in the Pri­son, commonly called the Compter in the Poultrey in London, at the Suit of the said Simpson, and from thence by Habeas Corpus was removed to your Majesties Pri­son of the Fleet, where for a time he was detained in Execution, as well upon the said Recognizance, as to answer to two Actions of Debt, one of 2000 l. at the Suit of William Beecher, the other of 3000 l. also at his Suit, and to answer one other Action of Debt of 300 l. at the Suit of one John King, Nota. contrary to the Liberties, Priviledges and Freedom, accu­stomed and due to the Commons of your Highness's Parliament, who have ever used to enjoy the freedom in coming and returning from the Parliament, and sitting there with­out restraint and molestation, and it concerneth your Commons greatly to have this Freedom and Priviledge inviolably observed: [Page 124] Yet to the end that no Person be prejudiced or damnified hereby, May it please your Highness, by the Assent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of the same, it may be Ordained and Enacted, That the said Sheriffs of London, the now Warden of the Fleet, and all others, that have had the said Thomas in Custody, since the said first Arrest, their Executors or Administrators, or any of them, may not, nor shall in any wise be hurt, endamaged, or grieved, be­cause of dismissing at large of the said Thomas Shirley, saving always to the said Giles Simpson, and other the Persons aforesaid, at whose Suit the said Thomas is de­tained in Prison, his, their, and every of their Executions and Suits, at all time and times, af­ter the end of this present Session of Parliament, to be taken out and prosecuted, as if the said [Page 125] Thomas had never been arrested, or taken in Execution, and as if such Actions had never been brought or sued against him, sa­ving also to your Majesties said Commons, called now to this your Parliament, and their Successors, their whole Liberties, Franchises and Priviledges, in all ample man­ner and form, as your Highness's said Commons at any time before this day have had, used and en­joyed, and ought to have, use and enjoy, this present Act and Petiti­on in any wise notwithstanding. Soit fait come & est desire.

The Petition exhibited to his Ma­jesty, Anno 3 Car. 1. Pult. Stat. fol. 1433. by the Lords Spiritual and Temporal in this present Parlia­ment assembled, concerning di­vers Rights and Liberties of the Subjects, with the Kings Maje­sties Royal Answer thereunto in full Parliament.

Which Petition being read the 2d. of June, 1628. the King's Answer was thus delivered un­to it.

But this Answer not giving sa­tisfaction, the King was again pe­titioned unto, that he would give a full and satisfactory Answer to their Petition in full Parliament.

Whereupon the King in Person, upon the 7th. of June, made this 2d. Answer.

And then causing the Petition to be distinctly read by the Clerk of the Crown, the Clerk of the Parliament read the King's An­swer thereunto in these words: ‘Soit droit fait come est desire.’

The form of the Order Order. was.

THis day Mr. Speaker deli­vered a Message from His Majestie, Veneris 27. February. importing a Considera­tion of the weight of the great The Union of England and Scotland. cause in hand, of the study and travel that hath been taken in the understanding and furtherance of some good Success therein, by sundry Members of the House, and of the duty and necessity of the attendance of every Member, Re­presenting in his Voice and Person, [Page 146] a Shire, City, or at least a Town the special use and service of the Lawyers of the House, the great con­tempt in departure together, with his Highnes's gracious Offer of his Roy­al power and Assistance, to be added to the Authority of the House, for the recalling or punish­ing of any Member Deliuquent in this behalf; Whereupon the House entered into dispute and de­liberation, what course were fittest to be taken, as well for the con­tinuing of such Members as are here already Assembled; as for the return and attendance of those absent, to partake of, and assist in the great service in hand; And after many courses and new devises of Order propounded to the House. It was at last Resolved up­on three several Questions, First, that the House should be called, Secondly, that upon the calling such as were found to be absent, and had no just cause of Excuse, should with the privity and di­rection [Page 147] of the House by Warrant under the hand of Mr. Speaker; And by the Serjeant at Arms, Attendant upon the House, or by his Deputy, be immediatly sent for, and answer Fees and Entries to the Officers, as in Case of breach of Priviledge, or other Contempts to the House. Thirdly, and Lastly, That upon Munday next come Sevenight in the after­noon of that day, the House shall be called.

Mr. Die Martis 3. Martii. Mr. Hide departs without Li­cense and is sent for. Hide the last day imme­diatly upon the Kings Message, Pleading certain businesses of his Clyents, and other his private oc­casions of profit and necessity (as he pretended,) made known to the House, that he would go out of Town, and so took his leave in open audience, without the Assent or Leave of the House, which was taxed; And Mr. Speaker war­ranted to Write unto him, which he did in this Form. [Page 146] [...] [Page 147] [...]

The Form of the Speaker's Letter to Mr. Hide.

AFter my very hearty Com­mendations, sithence your departure hence, there hath been Complaints made to the House, that you have gone without Leave and Contrary to His Majesties pleasure, signifyed, and the ex­press Order of the House; This bred great dispute, and it was in a manner Resolved, that you should be presently sent for by the Ser­jeant, as being conceived to be a president of ill example and con­tempt other Mens Cases Consider­ed with yours, which led me to interpose this motion to the House; That if you came not be­fore Munday next (the day ap­pointed for calling of the House,) you might then be proceeded withal as the Case did require; And my self offering to Write to you for that purpose, they de­sisted [Page 149] and left it to my care; Ne­vertheless for many Important reasons, wherewith I will acquaint you at your coming; I do ad­vise you, as also require you from the House, that you forthwith re­pair hither, and attend the service in hand, which is now in the greatest heat and hast of proceed­ing; And so I commit you to God. Directed.

To my very Loving Friend, Laurence Hide, Esq

It was also moved and resolved, Resolved that other Letters be writ to o­ther Members who were Law­yers. That Mr. Speaker should Write another Letter to other Lawyers, being gone down in the same Circuit, where Mr. Laurence Hide was, ( viz.)

• Mr. John Moore,
• Mr. Giles Tooker,
• Mr. Edward Digs, and
• Mr. Nicholas Hide, which also he did to this Effect.

The form of the Letter.

AFter my very hearty Com­mendations; The form of the Letter. sithence your departure hence, there hath been complaint made as well of your absence, as of many others, which hath moved the House to press some speedy course for your re­turn; and thereupon have com­manded me forthwith to write unto you, that you make your repair hither without excuse or delay, which I would advise you to do, to prevent further question or danger, such as I would be loth you should undergo, as now the case stands. And so I com­mend you to the protection of the Almighty.

To my Loving Friends, Mr. Giles Tooker, Mr. John Moor, Mr. Edward Diggs, and Nicholas Hide Esqs; Members of the Com­mons House of Parliament.

[Page 151] III. It is this day Ordered, Jurn. Dom. Com. 27. Jac. Vereris 27. Maii. that a Committee of the whole House, shall this afternoon consider of a fit and satisfactory Answer of the Kings Majesties Letter sent this day to this House; Order that a Committee. take into con­sideration mis­informations given to the King, concer­ning the pro­ceedings of the House of Com­mons. and also that they shall take into their Considera­tion such Misinformations, as are suspected to have been given to his Majesty, concerning the Procee­dings of this House, this Parlia­ment, and of all the Circumstances belonging to the same.

IV. Jour. Par. Dom. Com. 18. 19. Jac. 15. Martii. Sir Robert Phillips makes Report of two Informations brought, The Case of Dr. Lamley, Chancellor to the Bishop of Peterburrough, and Dr. Cra­dock a Divine, Chancellor to the Bishop of Durham. the one against Dr. Lam­ley, Chancellor to the Bishop of Peterburrough, the other against Dr. Cradock a Divine, and Chan­cellor to the Bishop of Durham.

Dr. Lamley is accused for ex­torting of unlawful Fees in Pro­bate of Wills, Dr. Lamely accused for Ex­tortion and o­ther Misde­meanours. &c. 2. For vexing of men with impertinent, trivial, and idle Causes, wherein men are [Page 152] forced to consume their time, and spend their Estates: As for re­ceiving Money on Holidays, he makes them pay 40 s. and up­wards for a Discharge; the like of opening half a Shop-window; it cost another that came to Church on Christmas-day with a foul Band 54 s. and for ommitting of Penance, one Bushell paid 100 Marks, and desired it might be imployed to Charity; he said, Cha­rity began at home.

One having no Sermon in his own Parish, went to a Parish where there was a Sermon; for this he was put to the Oath ex Officio, and paid 33 s.

V. As for Dr. Cradock, Dr. Cradock accused for Briberies and other Misde­meanours. Chan­cellor of Durham, I must consi­der him in three Capacities, and apply the faults unto them seve­rally.

First, He is Chancellor to the Bishop.

Secondly, He is a high-Com­missioner.

[Page 153]Thirdly, He is a Justice of Peace.

1. As Chancellor, there are two Charges of misgoverning him­self.

In refusing probate of Testa­ments, and granting Excommuni­cations before Citations.

He takes Bribes on both sides.

2. As a high-Commissioner of the Quorum, and so a principal man, sending out his Process for Recusants; he took of one Collyer 20 l. for not appearing; of ano­ther 10 l. to shuffle up a clande­stine Marriage, &c.

Lastly, As a Justice of Peace, he took 100 l. for the 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 [Page 154] 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 [Page 155] 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. [Page 156] 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. Kelway, Fo. 184. 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 [Page 157] 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. Rastall's Stat. 8 H. 6. c. 1. 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 [Page 158] 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. Journ. Dom. Com. 19 Jac. Sabbathi 2 die Junii. The Commons House of Parliament, in Confirmation of a former Declaration therein made, Confirmation of the Order concerning all Patents adjud­ged Grievances▪ concerning the stay of all Suits, Payments, and other Proceedings, [Page 159] 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. Journ. Dom. Com. Lunae 26 Martii. It is thought fit by the Commons House of Parliament, Concerning all Patents adjudged Grie­vance. 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.

[Page 160] VIII. 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. 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.

[Page 161] IX. Anno 19 Jac. A Copy of the Petition re­maining with William Goulds borough, Esq Clerk of the House of Commons. 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, The Complaint of the Mayor, Bayliffs, and Burgesses of Northampton, against Dr. Lamb, Chan­cellor to the Bishop of Pe­terborough. 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 [Page 162] 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 Subjects are constrained to tra­vel, some twenty, some four and twenty miles and more, to their exceeding great trouble and char­ges, and to the hazarding of their lives; many being driven by rea­son of their Courts being kept so late in the night, by Candle-light, to travel home in the night-time what weather soever be.

And he hath made his own Brother Register, and keepeth the Office and Records in his own house, and there maketh Acts, and altereth them at his own plea­sure, [Page 163] and hath the most part of the profits of the same to himself, as is reported, his Brother only bearing the name of the Register, but the Chancellor's own men for the most part supplying the Office; by reason whereof there is such pilling and polling of the Town and Country continually, by exact­ing new Fees, and extorting great sums of Money for Probates of Testaments, and Letters of Admi­nistrations, and by causing men to prove Deeds of Gift in their Courts, and to examine Titles of Lands, and to prove Wills there also, though they have been pro­ved above in the Prerogative Courts; and by constraining Wi­dows to give up Accompts of their Administration, seven or eight years after their Husbands de­cease, taking five Nobles (at the least) of every one for the same; by refusing of Wills fairly In­grossed, and causing the Registers men to write them out again, and [Page 164] so putting the Country to a double charge.

As also by taking great sums of Money of divers persons for Com­muting of Penance, and not be­stowing it upon charitable uses; by Excommunicating of men for be­ing in the company of others, stand­ing Excommunicated though they knew not of it, and taking excessive Fees for the same; by citing men and women to their Courts for trifles, and taking eleven groats Fee of every one, though they clear themselves; by citing some to the Courts in the Churchwardens names, without their consent or knowledge; by delaying of Causes in the same Courts, especially a­bout Assessments for the repair of Churches, that it hath cost some Parishes 20 l. 30 l. 40 l. some more, some less, before they could have an end of it; by bringing men to their Courts only upon the Judges suspicion, and there ten­dring the Oath Ex Officio, upon [Page 165] refusal whereof they have been Excommunicate, whereupon some have been driven to Appeal, which hath cost some 2 l. some 10 l. some more, to their great impoverish­ing; by citing men and women to their Courts, for going to another Parish to hear Gods Word prea­ched, when they had no Sermon at their own Parish-Church, and taking great Fees for the same; by citing men to their Courts for opening their Shop-windows upon a Holiday, though it hath been Market-day, as it hath been accu­stomed, and making men do Pe­nance, and pay Fees for the same; 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. and some for taking Money, and delivering of Corn upon Holidays, and for divers other trivial mat­ters, making men to spend some 20 s. 30 s. 40 s. 50 s. some more, some less, to the great and general grievance of his Majesties poor Subjects: whereupon it is a general complaint, that it were far better for the Country to give his Majesty [Page 166] an yearly Subsidie, then to be thus in continual vexation by the said Doctor Lamb, and his Officers un­der him: in so much that there were so many Petitions put up by the Country, to the Honourable Sir Edward [...]ook Knight, sitting as Judge in that Circuit, that the said Doctor Lamb was bound to the good behaviour for the same, and yet the grievances offered by him are still continued.

May it therefore please your Honours, in tender consideration of the premisses, and in a feeling com­miseration of the distressed Estate of the said Town and Country by that means, to take such speedy course for their relief, as to your Wisdoms shall seem most expe­dient: And they and the whole Country shall ever be bound to praise God for your Honours, and to pray for your prosperities, &c.

Thomas Martin's Grievance.

1. Thomas Martin, late of Nor­thampton, being of the Parish of All Saints, was presented into Dr. Lamb's Court by William Har­rison, and Arthur Smith, Church­wardens of St. Giles's Parish, both common Drunkards; one of them upon Record, by the advice and practice of Mr. Stockwell the Pro­ctor, upon a Fame, that he having in his hand a Capons Rump, should [...]ay, it would make as good a Churchwarden as the Churchwarden of St. Giles's; Mr. Martin deny­eth that he spake any such words, and could never have his Accuser come in; and if there were any such Fame, themselves raised it in an Ale-house.

2. They presented him likewise upon another Fame, that the said Mr. Martin should in the Church-Porch of St. Giles's, violently thrust upon the Wife of Humphry [Page 168] Hopkins, being with Child, to the danger of her life or the Childs.

The ground of this Presentment was this: Mr. Bird being pre­sented to the Viccaridge of St. Giles's, at his Induction there was an horrible Riot committed in the Church, Nota. by the means of Mr. Sib­thorp. Dr. Sibthorp. (as was supposed) against Mr. Bird, and one base [...]ellow tript up Mr. Bird's heels, and threatned to kill him, if he would not deliver up his Box of Wri­tings; Mr. Martin being Mayor was called for by the Constable to come to prevent Murther, where he found the Church-Porch full of the basest People of the Parish, and going into the Church, per­haps some of his Officers might thrust some out of his way; but the Woman protesteth, that he never did her hurt, neither did she say so, neither, could they per­swade her Husband to bring an Action against him at the Common-Law, though they often urged him [Page 169] thereto, and so they took this course in the Spiritual Court; yet the Riotters were never presented into the Spiritual Court, because they were Amici Curie.

Upon these Presentments Mr. Martin was cited to appear at Rowell, 10 miles from Northamp­ton, 2 years after the pretended Offences; but being detained about the King's Service, retained a Proctor to appear for him; but the Chancellor said, it was a mat­ter of Office, and therefore would admit no Proctor to appear for him, and presently excommunica­ted him; whereupon he was for­ced to appeal, and since hath used all the means he could to have an end of this Business by some Friends, who wisht him to yield to the Doctor, or else he would weary him out; so that he was forced to give him 50 s. and paid also 3 s. 8 d. for his absolu­tion, and yet can get no end of it to this day, but is in danger to be [Page 170] called again, though it hath cost him 10 l. already.

3. Also a Sister of the said Mr. Martins, dwelling at Leice­ster, and coming to Northampton, was desirous to go to St. Giles's Church, to hear Mr. Bird preach, and requested one of Mr. Martin's Prentices to accompany her to the Church, which he did, and they both went thither, and there staid Divine Service and Sermon: For this the Apprentice was cited to the Court, and there troubled from one Court day to another, from Northampton to Rowell, 10 miles off, to the great hindrance of his Master; and at length they enjoyned him to pay 3 s. 8 d. which for fear of Excommunicati­on he was forced to borrow, and so to pay them: And she was threat­ned by the Chancellor, that he would make her keep her Bro­ther's Parish- Church when she came to the Town.

4. And because Mr. Martin, [Page 171] and divers other Townsmen, refu­sed to give him their Voices, to be one of the Burgesses of Parlia­ment for Northampton, (which he would fain have obtained both by fair means and threatnings) he presently cited many to the Court, and there troubled them. And amongst the rest, the said Mr. Martin, having about 3 years past, by the Consent of the Mini­ster, Churchwardens, and Parishio­ners, built a Seat in the Church for his Children and Servants, for their better hearing of Divine Service and Sermons, was cited before him about the said Seat; and the Chancellor took it away from him most unjustly, (having cost him 3 l. building of it) and gave it to 3 of the stubbornest Fel­lows in the Town, all opposers to Authority, and one of them for his vicious life bound over to the Ses­sions, and put out of the Com­mon-Counsel of the Town for the same, and since presented into [Page 172] the Spiritual Court, for Inconti­nency with 2 Women; and yet Mr. Middleton, one of the Surro­gates, graced him publickly in that Court, and said, he was thrust out of the Common-Councel for his honesty.

Whereas divers Complaints have been made against John Lamb, Doctor The Speaker's Order upon the Petition. Lamb, Doctor in the Civil Law. in the Civil Laws, Chancellor to the Bishop of Peter­borough, for divers Extortions, Op­pressions, and Misdemeanours, by him and his under- Officers com­mitted, in the execution of the said Office in the said Diocess, and elsewhere. And whereas also it is informed, that you whose Names are hereafter set down, can testifie mutually against the said John Lamb, These are there­fore by the direction, and on the behalf of the said House of Com­mons, to require you and every [Page 173] of you, that you make your per­sonal appearance at the said House of Commons, the 29th. day of this instant Month of May, to te­stifie your knowledge in the pre­misses: Thereof I require you not to fail, as you will answer the con­trary at your perils. Given un­der my Hand this 15th. day of May, 1621.

And it was further Ordered, that Robert Sibthorp, and Richard Stockwell, should be sent for, as Delinquents.

X. Journ. Dom. Com. 21 Jac. 10 Martii. Mr. Glandvile reports from the Committee of Priviledges, the Election of Monmouth, and by an Order from the Committee, The Case of Mr. Steward, a Scotchman, e­lected to be a Member of Parliament, but rejected, because a De­nizen. Mon­mouth was heard yesterday: And they received this morning a Pe­tition, that Mr. Walter Steward was returned, and that they think his Election not good: They ob­ject against him, because a Scotch­man, and not Naturalized. He forbore to come into the House, [Page 174] till he had leave. The Case of one Lennis Monck, a Denizen, re­turned and sate here; and so Sir Horace Palavicino. The Commit­tee delivered no opinion in it: Two Orders and two Petitions delivered in, to have these heard in order as they come in.

Resolved that those which are already in, shall be proceeded in, in order as the Petitions were de­livered.

Mr. Glandvile thinks Mr. Ste­ward ought not to sit here, because at the time of his Election he was uncapable of it; he that is made a Denizen, is not as an Englishman, That but only personal.

Sir Dudley Diggs in that Par­liament when Bacon Attorney was in question, whether he ought to sit here or no, Over-ruled he ought not; yet in favour of him he was suffered to sit here, and an express Order that never any other Attorney after should. To do the like by this Gentleman.

[Page 175] Sir Edward Cook. No Alien Denizated ought to sit here: ‘Tros Tiriusque mihi nullo discrimine habetur.’ the other passed sub silentio. Some sit here that are under age, and ought not to sit here, because not questioned.

Resolved that Mr. Steward hath dealt very worthily in forbearing to come and sit in this House. Veneris 28 Maii.

Mr. Glandvile goes on with his Report: Resolved upon Question, the Election of Mr. Walter Steward being no natural born Subject, is void, and a Warrant to go for a new Writ for Monmouth.

XI. Journ. Dom. Com. 21, 22 Jac Regis, Veneris 7 Aprilis. Sir Robert Phillips reports from the Committee for Courts of Justice 3 Heads: The Case of the Lady Dar­cy, against the Bishop of Lin­coln, Lord Kee­per of the Great Seal of England. First, The Peti­tion of the Lady Darcy; in it is a Recital of her Husband's dying seised of the Mannor of Sutton in Surrey; with the Advowson; a Grant was made to her and ano­ther by the Court of Wards, of [Page 176] the Body and Estate of her Son, 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. 1 Aug. 21 Jacobi, the Incumbent died; so she presented her Clerk to the Bishop; so the Lord Keeper, 3 Septemb. presented Doctor Grant, the King's Chap­lain. She was advised to seek her ordinary Course by a Quare impedit, which was denied by the Cursitor, who said, the Lord Keeper gave directions for it to be sued to the King, desires of this Assembly to have relief; this Pe­tition was retained by the Com­mittees, Parties on both sides ap­peared, and Councel.

It came into question, whether an original Writ might be stayed; the Lawyers vouched some Pre­sidents for it in Chancery; the Committee concluded these were not proper in the Cause, and not to be followed, desires an Accom­modation of this Business between the Lady and the Doctor; they gave a time, for yet they are clearly of opinion, that the Lady [Page 177] had lost her Right, Proposals by D. Grant, whom the Bishop and Lord Keeper had presented. and to the Heir doubtful for him.

They received a Petition from Dr. Grant, who made four proffers: First, he would willingly go to a Tryal with this Lady, without ta­king advantage of lapse of time: If that could not be, he would pass an Act of Parliament to set her in statu quo: 3ly. would refer it to four Judges; to six Lawyers of this House, if they should say the Right was hers, he would resign.

The Committee had an Answer from the Lord Keeper The Lord Keeper's An­swer and Ex­cuse. of two parts: First, for the denial of the Quare Impedit, not his purpose to justifie it, but to extenuate his proceedings therein. A Question there was be­tween the two Courts, and no good correspondency between the Judges; it was presently after his coming into the place, neither corruption nor malice was in his proceedings: he offered a Living equivalent of this, to the Lady: [Page 178] he would satisfie the Lady by any means this House should direct, and would labour to get Grant from his Majesty to sell to the Heir; he had never before, nor would do the like; and returned thanks to the House, for their fa­vourable Interpretation of this his Error.

The Lady Darcy gave a Nega­tive Answer to all; The Lady will stand and fall by Judge­ment of the House. she had appea­led to the House, could find no better Judgement, and to this she would stand.

The Committee Considerations in the Com­mittee. took two things into their consideration, the Ladies own particular, and the publick; For the first, they thought it the safest way to put in a Bill; she was satisfied with this answer: For the second, the denial of the Writ, Who delivered no Opinion, leaving all to the House. 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.

[Page 179] Mr. Brook said, Debates in the House by seve­ral Members thereof. 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, Nota. 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 [Page 178] [...] [Page 179] [...] [Page 178] [...] [Page 179] [...] [Page 180] 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 [Page 181] 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. 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. 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.

[Page 182] First, The first head of his Charge▪ 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, The second head. above 20000 people in Norwich.

The second, 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. 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, The Stat. of Provisors, 25 E. 3. Rast. f. 98 Rot. Par. 38 E. 3 Rot. Par. 47 E. 3 n. 30. 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, Rot. Parl. 3. R. 2. n. 37. for Cardinals put into Churches Rast. Stat. 16. R. 2. cap. 5. [Page 183] Shoemakers and Taylors. 50 E. 3. called bonum Parliamentum, a complaint of the Popes usurpation, 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. [Page 184] 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, The 3d. head. Extortion by orders of the Archbishop; and by their own Canons the Iees set down, these very much ex­ceeded.

4. Old Institutions now regi­stred, The 4th. head. 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.

[Page 185] 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, Die Sabbathi, viz. 8 die Maii, 1624. Jour. Dom. Proc. Message from the Lower House, by Sir Coke, and others 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. Die Mercurii, 19 Maii. of this Month to confer with the Commons, The Lords ap­point a day for Conference 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, The Archbishop of Canterbury reports the heads of the Conference. against the said Lord Bishop, and to shew that it was ordinary for the Com­mons to complain of the Gover­nours [Page 186] of the Church, Authorities for the Power and Right of the Commons to meddle in this Cause. 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. Their Charge against the Bi­shop under six Heads. Preachers.

1. That he inhibited or dis­hartned Preachers on the Sabath day, in the Forenoon.

2. That Images 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. Prayer towards the East. Catechizing, and singing Psalms. That he punished those that Prayed not toward the East.

4. That he punished a Minister for Chatechising his Family, and Singing of Psalmes. Nota.

5. That he used Extortion Extortion. ma­ny ways.

6. That he did not enter In­stitutions Institutions not entred. to the prejudice of Pa­trons.

[Page 187] For the first, The 1st. head concerning Preachers. 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 [Page 188] 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. The 2d head touching Ima­ges. 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. The 3d. head concerning Prayer towards the East. 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 [Page 189] 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, The 4th head touching Ca­techizing and singing Psalms. 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. The 5th. head touching Ex­tortion. 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 [Page 190] 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, The 6th. head touching non-Registring of Institutions. 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:

[Page 191] The Commons The Conclusion of 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 Bishop stood up and Answered the Charge of the Commons. His Introducti­on. the Lord Bishop of Norwich stood up in his place, and answered the same to this effect, viz.

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 [Page 195] 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. His Lordships answer to the first head, Preachers. 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 [Page 196] 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 it, for that they being but stipendary men, were loth to do it, for fear belike to lose their Stipends. Whereupon his Lordship sent for them by an Officer, and willed them to omit those Expositions in the Forenoon; and yet his Lord­ship hath since taken order for the erecting of three Sermons, in the most remote Places of the City from the Cathedral Church; and his Lordship hath erected many Le­ctures in several Places in the Countrey.

2. As touching the Images His answer to the second head, Images. in the Church, what was done is done without his knowledge. It is meant by St. Peter's Church, that [Page 197] his Lordship never saw that Church, till one Evening as he came by; and being often before informed of much Cost done up­on that Church, he went in, and kneeled down to his Prayers, as his use is; and when he rose up, perceiving that they had bestow­ed very great Cost, and not seeing or knowing at all of any Image set up there, he said, God's Bles­sing on their hearts, that had be­stowed so much Cost on God's House.

3. As touching Prayer His answer to third head, Prayer towards the East. to the East, he never enjoyned it, nor heard of it till now.

4. For the 4th. His Answer to the 4th. head, Catechizing, and singing Psalms. part of his Com­plaint, he perceiveth, That he hath been sifted for the whole course of his Life: That this Peck was sent to his Lordship by the Justices of the Peace, for an As­sembly late at night in his House, his Catechizing being but a colour to draw them thither: That this Peck had infected the Parish [Page 198] with strange Opinions; as not to kneel when they came to Church; that the Name of Jesus is no more than a common Name, and that it is Superstition to bow down at the Name of Jesus. His Lordship further affirmed, That this Peck had been formerly convicted for non-Conformity, Annis 1615, & 1617. and for Symony, and Con­venticles in his Neighbour's house, as appears by the Acts of the Re­gister, Fatetur.

And that Anno 1622. he was taken in his House with 22 of his Neighbours at a Conventicle: That he was now bound over by a Justice, and so brought to his Lordship, and his Sentence against Peck was only, That he should confess his Fault.

The others mentioned in this part of the Charge, were puni­shed for their Opinions also, ma­king no difference between an Ale-house and the Church, till the Preacher be in the Pulpit. His [Page 199] Lordship said, He much confessed his fault, that in the Penance he enjoyned them, he caused them to confess their Errors, omitting their resort to Conventicles, which he did at their own earnest suit.

5. His Answer to the 5th. head, Extortion. His Lordship absolutely deni­ed, That he improved any Fees, and affirmed, he hath not any of those Fees that are complained of, only the Fee for Institution, which he took as his Predecessors did; if therein he hath committed any Error, Erravimus cum Patribus; and denied, that he ever had seen that Table of Fees, which is spo­ken of by the Commons.

6. His Answer to the 6th. head, non-Registring Institutions. His Lordship affirmed, That he had registred all the Instituti­ons.

This was the Effect of the Lord Bishop's Answer; which being ended,

The Prince his Highness told his Lordship, That he had not answered touching the Para­phrase of the Catechism taken a­way by him.

[Page 200] Whereupon his Lordship re­plied, That the Preachers used to choose a Text of the Creed, &c. and to ask the Child some one Question, and then to debate ve­ry long upon it, and never de­scend to the capacity of the Child: That his Lordship did not forbid the Explanation, but willed, that it might be Catechistically.

Thus ended the Lord Bishop of Norwich his Answer The Conclusion of his Answer. to the said Complaint.

It is this day Ordered, 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. that in respect of the Streightness of time, that the Complaint of the Commons against the Lord Bishop of Nor­wich, shall be referred unto the High Commission, to be Exam­mined by them, and they to make Report thereof to the House.

And then the House will judge thereof.

XIII. Journ. Dom. Proc. 1 & 2 Car. 1. 10 Mart. Timothy Pinckney who had Petitioned the Lords 21 Jac. to be relieved for a Debt owing [Page 201] to him and others, The Procee­dings of the Lords against the Bishop of Lincoln, late Lord Keeper, for refusing to obey their Or­der. from Sir John Kineday, and that Barne Elmes should be Sold for that purpose, which the Lords then ordered; And appointed a Commission to Issue out of Chancery, directed to certain Judges, to examine the pretences of the Creditors, and see them satisfied, he Complains now of the Bishop of Lincoln, late Lord Keeper, for refusing to grant out such a Commission, and sligh­ting the Order.

The Committee had taken the Depositions of three Persons, who had been first Sworn in the House; The Lords took into consideration this contempt of their Order, heard the Depositions read, and appoin­ted Sir Charles Caesar, and Sir Robert Rich, to go and Examine one Kelwood, who was also present, when the said Lord Keeper refus­ed to obey the said Order; and Minister an Oath unto him, to tell what he knows of any notice given to the Lord Keeper of [Page 202] the said Order, and who was present

March the Second, Sir Ch. Caesar and Sir Robert Rich report the Examina­tion of Kell­wood. Upon Sir Charles Caesar, and Sir Robert Rich their Report, of their Examina­tion of George Kellwood, touching the Bishop of Lincoln, not obey­ing the Order in the business of Pinckney, the Lords Order that the Deposition, after they had heard it read, and the Depositions of the other three Persons for­merly taken to be sent to the Bishop The Lords or­der that the Bishop shall answer under his Hand. of Lincoln, who was to return an Answer, under his hand that day following.

March the 16 th. The Bishop sends his An­swer. The Bishop of Lincoln sent his Answer to Pinck­ney's Complaint, according to the order of March the 2 d. in Writing, to this essect; First, in general de­nyed he should have Spoken any thing in contempt of their Lord ships Order in Parliament 21 Jac. having always in his heart, born such a reverence to them, for non Arbitramur quenquam dicere quod [Page 203] non sentiat, and for the particu­lars, as he remembers, it being two years since, that there had been a mistake in the Clerks en­tering it, according to the sence of the House, and Pinckney had then concealed from their Lord-ships, a former Refference by the Parliament, and the King himself, to the Lord Keeper, the Master of the Rolls, and some Judges, who had made a Decree in it; And admit all were true, that is complained, yet he had ommitted the time of the Complaint, of a verbal contempt, near two years being past, and two sittings of Parliament, wherein he had been silent; Verbal Injuries, according to the Civil Law, must be com­plained of within the year, aliter remissae censentur: Contempts must be pressed the next Term, or sit­ting of the Court, against which they are committed; Scandalous words against the King, must be Complained of within three [Page 204] Months; Words of High Treason, are by the Laws confined to be Complained of within 6 Months.

All Informations against any Penal Law, made, or to be made, must come within the compass of one year, unless it be Ex parte Regis, who hath a year longer; And it is impossible for any Man to give an Account, of every phrase he shall use Twenty Months after the words 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, [Page 205] 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 The Bishop's Answer refer­red to a Com­mittee. for Petitions, to consi­der whats 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, 17 Martii. 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, And give their opinion, that the Bishop ought to ac­knowledge his error and of­fence, to be for­ry, and ask par­don. 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 [Page 206] 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 so ordered by the House. 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. Die Jovis, 23 Martii. The Bishop pursuant to all which obeys. To be an Order of that Most Ho­nourable House, Nota. truly and justly entered; His Contempt in a former Parliament censured in this. 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 [Page 207] 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.

Which Acknowledgment their Lordships all accepted in full sa­tisfaction from the said Lord Bishop.

XIV. Ordered, 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 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.

[Page 208] Ordered, Die Veneris, 30 Maii, The Serjeant at Arms ordered to take him. 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, Die Martis, 30 Junii. Witnesses sworn against Reynde. Ensign-Bearer to the Souldiers at Banbury, viz.

And being examined, Who prove the insolent and opprobrious Speeches spo­ken by Reynde. 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, [Page 209] to understand whether any other cause of Complaint was against him, save the Information of those opprobrious Speeches.; and in­stantly departed, Reynde hides his Head. and ever since hides his head.