Aug. 28. Order is made in the Lords, for securing the Tower 1641. of London. Aug. 30. sants. The Lords make an Ordinance for disarming Recu Aug. 31. On a Message from the Lords, the Commons take exception, "That they sent but one Messenger, whereas the ancient Right of this House was to have Two upon all ocassions. The House is, however, willing at this time, to pass it over." September 6. (Monday.) The Commons divide, 70 against 60. Sept. 7. Both Houses keep the Day of Thanksgiving for the Peace with great Solemnity, the Lords, at the Abbey Church, the Commons, at the Chapel in Lincoln's-Inn, "because the Bishop of Lincoln had framed a set form of Prayer to be used in St. Margaret's, where the House of Commons were wont to meet, which they conceive the Bishop had no Power to do." Sept. 8. The Lords make an Order, "To prevent Superstition and Innovations in the Church." Sept. 9. The Lords appoint a Committee to meet during the Six Peers enter a Protest upon the Journals against an Order of the Lords, relating to Divine Service, "because the Concurrence of the Commons had not been asked or obtained, before the printing and publishing of the same." (u) The Lords Resolve to publish their Resolutions, and then to October 20. (Wednesday.) Both Houses meet according to The Lords Order, That the Lord Chamberlain do continue a An Order is made against the great abuse of Printing and An Order is also made for keeping the Doors of the House In the Commons, a Bill is twice read, committed, and next day Ingrossed, "for disenabling all Persons in Holy Orders to exercise any Temporal Jurisdiction or Authority," It passes on the 23d. Oct. 21. The Lords make an Order against certain Persons who had erected a Printing Press in an obscure Place in Holborn. Oct. 22. The Thirteen Bishops, "who had made the Book of Canons, and granted a Benevolence to the King, contrary to Law," are ordered to put in their Answers on the 10th Nov., and have Counsel assigned to them. Oct. 25. A Conference is held on the Insolencies of the Thanks are given to the Earl of Holland, late Lord General The Lords appoint a Committee to consider the King's Chaplains, the Privileges of Noblemen, the Heads of Colleges in the two Universities, and to take care that every Parson or Vicar who (u) Said by the Parl. Hist. IX. 494, to be the first of the kind met with. That it was an ancient custom in the Lords, appears, however, from Mr. Hyde's Speech, on the 24th of November following. Clarendon says, III. 93, "Towards the latter end of August, both Houses adjourn, having first constituted a Committee to sit during the Recess, for the dispatch of any important occurrences, and qualifving them with a power they could not deputy; such a Committee, and such a qualification having never before been heard of in Parliaments." These Powers of both Committees are given, IV. 96. Mr. Pym is appointed Chairman of the Commons' Committee. A. R. 17 1641. A. R. 17 is absent, shall provide an able Curate, allowing him a Moiety of his Living, clear of all charges, to be nominated by the Parson, with consent of the Patron. In the Commons, Report is made on the Bill," For Members better to discharge their Consciences as to the Proceedings of Parliament." Oct. 26. The King, by Letter, excuses his delay in returning, on Account of his Affairs. The Lord Privy Seal is appointed Speaker in the Lord Keep er's Absence. Oct. 27. In the Commons, the Committee for Protections is Ordered to draw a Bill concerning the Privilege of Parliament, in point of Protections. Report is made as to the Heads for a Conference on excluding the 13 Bishops from their votes, and all other Bishops from their votes in Parliament. (1) Because they have no such inherent Vote, Right, nor Liberty of being there, AS THE LORDE TEMPORAL AND PEERS OF THE REALM HAVE; for they are not Representatives of any body else: not of the Clergy, for then these are twice represented, by them in the Lords' House, and by those in the Convocation House. The Writ is to elect Two Clerks, ad consentiendum, &c. : Besides none are there Representatives of others but those that have their Suffrages from others, and therefore the Clerks in the Convocation do represent the Clergy. (2) They have not THE INHERENT RIGHTS OF PEERAGE AS THE LORDS HAVE, because, in some things, they cannot do that there which the Lords may do. In matter of blood, they have not liberty to be there, which could not be taken by any Čanon, if their Rights were inherent. (3) If they were Representatives of the Clergy, as a Third Estate and Degree which is there, no Acts of Parliament could be good, if they did wholly disassent, and it appears they have disassented, as in the Act for the Book of Common Prayer, in Queen Elizabeth's time; and yet the Act is good, which could not be if they were a Third Estate. (4) The King may hold his Parliaments without calling the Bishops at all, which hath been adjudged by all the Judges of England, 7 Hen. 8, 25, 35 Edw. 1, — Edw. 3, 3, 7 Rich. 2. Oct. 28. At the Conference, the above Propositions are brought forward. It is Ordered in the Commons, "Because many and important businesses do yet remain unsettled, Committees for Private affairs are not to sit without a new Order from the Houses, and no Parties or Witnesses are to attend; whereof notice to the whole Kingdom is to be published in Print. Oct. 29. The Commons Resolve on a Conference, to desire the Lords to join in Petitioning his Majesty to stay the making of Five Bishops, till further consideration by both Houses. In a Division, the Yeas are 71, Noes 53. November 1. (Monday.) The Lord Keeper acquaints the Lords with the discovery of the Rebellion in Ireland. A Committee is appointed to open all Letters from Ireland. The Commons make Orders as to Strangers, on the intelligence of the design of the Irish Papists to cut off all Protestants and seize the King's Forts in Ireland. Nov. 2. Phillips, a Priest, a Servant to the Queen, is committed to the Tower for contempt of the Lords' House, he having said, "He was not BOUND BY HIS OATH, BECAUSE THE 1641. BIBLE ON WHICH HE WAS SWORN, WAS NOT A TRUE BIBLE." In the Commons, a Member having granted Protections to divers, not his menial Servants, it is Resolved, "That he is unworthy and unfit to be a Member of this House; and that he shall sit no longer, nor be a Member hereafter." Nov. 3. In the Commons, Report is made on the Borough of Gatton. Mr. Sandys and Mr. Sanders are returned by Two Indentures. Mr. Sanders had 14 voices, Mr. Sandys, 8. Of the 14, 8 are dwellers out of the Town, and one of them is a Minister. Of Mr. Sandys, one was a Recusant Convict, and one the Clerk of the Parish, with yearly wages from the Parish. If these two have no voices, the voices are equal. The Question is, whether the Election belongs to the Burgesses by Common Right, or that the Freeholders dwelling out of Town, having Freeholds in the Town, ought to have voices by a particular Prescription. The Committee think there was a Prescription in this Case, which was good against Common Right. By Record, 33 Hen 8, a Return was made by one Inhabitant; and 1 and 6 Edw. 6, Returns were made by the Inhabitants and Burgesses. But, 18 Jac., a Precedent appeared on behalf of the Freeholders. (2) Whether the Parson shall have voice, that cannot sit here, if chosen. (3) Whether, by Law, a Popish Recusant ought to have voice. (4) Whether one that receives Alms of the Parish shall have voice. (5) Whether the Clerk, who receives 50s. per annum of the Parish, is one that lives of Alms. Resolved, upon Question, There is no sufficient proof of a Prescription against the Common Right within the Borough. The Parish Clerk does not appear to be an Almsman. Mr. Sanders' Election is not good. Mr. Sands' Election is good, and he ought to sit. Nov. 9. The Lords Order the Laws to be put in execution against Romish Recusants. By Order of the Commons, the Lords make stay of all Letters from France and Antwerp, and peruse them in presence of Committees of both Houses. Nov. 11. The Lords Resolve, "nemine contradicente," That it belongs to the House of Peers, by the ancient Laws and Constitution of the Kingdom, to interpret Acts of Parliament, in time of Parliament, in any Cause that shall be brought before them. A Letter received from the Council in Ireland declares, "That the Protestants will be utterly destroyed, and that Kingdom cut off from the Crown of England, if speedy supplies are not sent. The Rebels, to the number of 30,000, have seized much Property, and murdered many, threatening not to leave an English Protestant alive, unless an Act be passed for Freedom of their Religion." Nov. 13. In the Commons, a Bill is twice Read and Committed, "To restrain Privilege of Parliament, in some Cases, during this Session." It passes on the 23d, and is sent to the Lords. Nov. 15. The City of London petitions the Lords, on the Abuse of Protections. Complaint is made of "Leycester's Commonwealth," a libellous Book. Beale, a Taylor, makes relation of a dangerous Plot against A. R. 17 1611. A. R. 17 the Parliament, implicating some Lords and Members of the House of Commons. The Commons make an Ordinance to put the Trained Bands into a readiness and posture of defence, on all occasions. A Guard is appointed to attend the House. Nov. 16. The Lords make an Order to search the Earl of Worcester's House. They Order, That when Committees return any Examinations, they shall return the Interrogatories upon which the Witnesses were examined. Nov. 17. The Commons Order the Serjeant to desire the Gentlemen Members to take their Places when they come into the House, and not to stop up the Passage, in time of Prayers. Nov. 22. In the Commons, great Debates take place concerning a Remonstrance on the State of the Kingdom." 66 Sir Edward Dering speaks against it. "I do beseech you all, with the fervour of an earnest heart, a heart almost divided between hopes and fears, never to suffer diversion or diminutions of the Rents we have for Learning and Religion; but besides the Pulpit, let us maintain a universal Militia of Theology, whereby we may be always ready and able, (by strength of our own, within our own happy Island, at home,) to stop the mouth of all Heresies that can arise. Never, never, let it be said, that sacred Learning, (for such is that I plead for,) shall in one essential half thereof, be quite unprovided for in England. And because, I shall want Champions for true Religion; because I neither look for cure of our Complaints from the common People, nor do desire to be cured by them; because it is not true that the Bishops have commanded Idolatry; because I do not know any necessary good end and use of this Declaration, but do fear a bad one; and because we pass his Majesty, and do remonstrate to the People; I do here discharge my Vote with a clear conscience, and must say, No, to this strange Remonstrance.” The Debate lasts from 9, A. M., till near 2 o'clock on the following morning, when the Question is carried Affirmatively, by a Majority of Eleven, 159 against 148. It is Moved, "That there may be an Order entered for the present Printing of it," without the concurrence of the Peers. Mr. Hyde, "believes the Printing of it in that manner is not lawful, and he fears it will produce mischievous effects. He, therefore, desires, that if the Question be carried in the Affirmative, he may have liberty to enter his Protestation." Many other Members Protest, and the business is adjourned to the next day, at 2 o'clock. (v) Nov. 24. In the Commons, the Committee for Printing, is to consider a course to prevent inordinate Printing, and to make severe examples of the Printers. Nov. 25. During two days, warm Debates take place concerning Protestations. Mr. Pym. "A Protestation had never before been offered in that House, and was a transgression that ought to be severely examined, that mischief might not result hereafter from that Precedent." (v) Oliver Cromwell declared, "That had the Remonstrance been Rejected, he would have sold all he had next morning, and never have seen England more. He knew there were many other honest men of the same Resolution." So near, says Clarendon, was the poor Kingdom at that time to its deliverance. 17 Others say, "That it would unavoidably produce mischief if 1641. the custom or liberty of it were ever admitted; that it was the A. R. first time it had ever been admitted in that House, and that care ought to be taken that it should be the last, by the severe judgment of the House upon those Persons who had begun the Presumption." Mr. Hyde "was not old enough to know the ancient Customs of that House, but he well knew it was a very ancient Custom in the House of Peers, &c.; He did not understand why a Commoner should not have the same liberty if he desired not to be involved in any vote, which he thought might possibly be inconvenient to him; He had only desired leave to protest against the printing the Remonstrance, which he thought was not in many respects lawful for them to do, and might prove pernicious to the publick peace." Mr. Palmer having, also, cried out, “I do protest," is called upon to explain. Mr. Hyde. It is against the orders and practice of the House that any man should be called upon to explain for any thing he said in the House two days before, and there was no Precedent. After many hours debate, It is Ordered, by 169 to 128, That he be committed to the Tower." His Expulsion is rejected by 163 to 131. The Remonstrance is ordered to be printed. (w) The Lord Chamberlain delivers up his Command to the King, The Lords join the Commons in petitioning for a Continuance of the Guards. Nov. 30. The Commons, by the King's desire, give their Reasons for wishing a Guard. "They conceive there is just cause to apprehend some wicked and mischievous Practice to interrupt the peaceable Proceedings of Parliament, and humbly leave it to his Majesty to consider, whether it will not be fit to suffer his High Court of Parliament to enjoy the Privilege of (w) Upon these Proceedings, Clarendon remarks, IV. 105, "I know not how those men have already answered it to their own Consciences; or how they will answer it to him that can discern their Consciences; who having assumed their Country's Trust, and it may be with great earnestness procured that Trust, by their supine laziness, negligence, and absence, were the first inlets to these inundations, and so contributed to those Licenses which have overwhelmed us. For by this means, a handful of men, much inferior in the beginning in number and interest, came to give Laws to the major part; and to shew, that three diligent persons are really a greater and more significant number than ten unconcerned. They, by Plurality of Voices, in the end converted or reduced the whole body to their Opinions. It is true, men of activity and faction, in any design, have many advantages, that a composed and settled Council, though industrious enough, usually have not, and some, that gallant men cannot give themselves leave to entertain. For, besides their thorough considering and forming their Counsels before they execute them, they contract a habit of ill nature and disingenuity, necessary to their affairs, and the temper of those upon whom they are to work, that liberal minded men would not persuade themselves to entertain, even for the prevention of all the mischief the others intend. And whosoever observes the ill Acts by which these men used to prevail upon the people in general, their absurd, ridiculous lying to win the affections and corrupt the understandings of the weak, and the bold scandals to confirm the wilful, the boundless Promises they presented to the ambitious, and their gross, abject Flatteries and Applications to the vulgar spirited, would hardly give himself leave to use those weapons for the preservation of the three Kingdoms,' |