House of Lords Journal Volume 3: 7 April 1628

DIE Lunæ, 7 die Aprilis,

Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:

THESE Lords were excused, &c. videlicet,

Absent Lords excused.

The Lord Bishop of Rochester.
Lord Abergavenny.
Lord Clifford.
Lord Vaux.
Lord Pawlett.

Bishops thanked for their Sermons at the Fast.

The Earl Marshal moved the House to give Thanks unto the Three Reverend Bishops, who preached at the Fast and Communion; which was done accordingly. And the said Bishops were appointed by the House to publish their said Sermons in Print.

To repress the Excess of Diet and Apparal.

The Earl Marshal moved the House likewise to take some Order to repress the Excess of Diet and Apparel in this Kingdom; and that their Lordships would be pleased to declare, that they themselves will be an Example herein unto others. The which was left to the Consideration of the Committee for the Bill of Apparel; unto which are added, the Earl of Essex and the Bishops of Lincoln and Bathe and Welles. And the said Committee are to draw up the said Declaration; which is then to be entered.

The Lord Keeper signified unto the House, That His Majesty had now given His Answer unto the Petition exhibited by both Houses against Recusants, and had commanded his Lordship to read the same Answer in this House, and Mr. Secretary to read it in the House of Commons. Whereupon the Clerk read the First Article of the said Petition; and the Lord Keeper read His Majesty's Answer unto the same, and so to each Article thereof.

The which Petition, with the Answers, follow, in hæc verba: videlicet,

Petition of both Houses against Recusants, and His Majesty's Answers to each Article.

"Most Gracious Sovereign,

"We Your Majesty's most Loyal and Obedient Subjects, the Lords Spiritual and Temporal and Commons in Parliament assembled, having, to our singular Comfort, obtained Your Majesty's Pious and Gracious Assent for a Public Fast, to appease the Wrath of Almighty God, kindled against us, and to prevent those grievous Judgements which do apparently press upon us, do, in all Humility, present unto Your Sacred Majesty all possible Thanks for the same; and, because the public and visible Sins of the Kingdom are the undoubted Causes of those visible Evils that are fallen upon us, amongst which Sins (as is apparent by the Word of God) Idolatry and Superstition are the most heinous and crying Sins; to the End that we may constantly hope for the Blessing of God to descend upon this our Public Humiliation, by abandoning those Sins which do make a Wall of Separation betwixt God and us;

1a Articula.

"We most humbly and ardently beg at the Hands of Your most Sacred Majesty, That Your Majesty will be pleased to give continual Life and Motion to all those Laws that stand in Force against Jesuits, Seminary Priests, and all that have taken Orders by Authority of the See of Rome, by exacting a more due and serious Execution of the same. Amongst which Number, those that have highly abused Your Majesty's Clemency, by returning into the Kingdom after their Banishment, contrary to Your Highness's express Proclamation, we humbly desire may be left to the Severity of Your Laws, without admitting of any Meditation or Intercession for them; and that such of Your Majesty's unsound and ill-affected Subjects, as do receive, harbour, or conceal any of that viperous Generation, may without Delay suffer such Penalties and Punishments, as the Laws most justly impose upon them."

His Majesty's Answer unto the First Article of this Petition:

R°.

"To the First Point, His Majesty answereth, That He will, according to your Desire, give both Life and Motion to the Laws that stand in Force against Jesuits, Seminary Priests, and all that have taken Orders by Authority of the See of Rome; and, to that End, His Majesty will give strict Order to all His Ministers for the discovering and apprehending of them, and so leave them, being apprehended, to the Trial of the Law. And, in Case, after Trial, there shall be Cause to respite Execution of any of them, yet they shall be committed (according to the Example of the best Times) to the Castle of Wisbitch, and there be safely kept from exercising their Functions, or spreading their Superstitions and dangerous Doctrine. And the Receivers and Abettors, they shall be left to the Law."

2 Artic.

"That Your Majesty would be pleased to command a sure and straight Watch to be kept in and over Your Majesty's Ports and Havens; and to commit the Care and Charge of searching of Ships, for the Discovery and Apprehension as well of Jesuits and Seminary Priests brought in, as of Children and young Students sent over beyond the Seas to suck in the Poison of Rebellion and Superstition, unto Men of approved Fidelity and Religion; and such as shall be convicted to have connived or combined in the bringing in of the one, or conveying of the other, that the Laws may pass upon them with speedy Execution."

His Majesty's Answer to the Second Article:

R°.

"To the Second: His Majesty granteth all that is in this Article; and, to this End, will give Order to the Lord Treasurer, Lord Admiral, and Lord Warden of the Cinque Ports, That, in their several Places, they be careful to see this Article fully executed; giving strict Charge to all such as have Place or Authority under them to use all Diligence therein. And His Majesty requireth them, and all others his Officers and Ministers, to have a vigilant Eye upon such as dwell in dangerous Places of Advantage or Opportunity for receiving or transporting of any such as are here mentioned. And His Majesty will take it for good Service, if any will give Knowledge of any such as have connived or combined, or shall connive or combine, as is mentioned in this Article, that Justice may be strictly done upon them."

3 Artic.

"That, considering those dreadful Dangers (never to be forgotten) which did involve Your Majesty's Sacred Person, and the whole Representative Body of Your Majesty's Kingdom, plotted and framed by the free and common Access of Popish Recusants to the City of London, and to Your Majesty's Court, Your Majesty would be graciously pleased to give speedy Command for the present putting in Practice those Laws that prohibit all Popish Recusants to come to the Court, or within Ten Miles of the City of London, as also those Laws that confine them to the Distance of Five Miles from their Dwelling Houses; and that such by-past Licences, not warranted by Law, as have been granted unto them, for their Repair to the City of London, may be discharged and annulled."

His Majesty's Answer to (fn. 1) the Third Article:

R°.

"To the Third: His Majesty will take Order to restrain the Recourse of Recusants to the Court; and also, for the other Points in this Article, His Majesty is well pleased that the Laws be duly executed, and that all unlawful Licences be annulled and discharged."

4 Artic.

"That whereas it is more than probably conceived that infinite Sums of Money have, within these Two or Three Years last past, been extracted out of the Recusants within the Kingdom, by Colour of Composition, and a small Proportion of the same returned into your Majesty's Coffers, not only to the sudden enriching of private Persons, but to the emboldening of Romish Recusants to entertain Massing Priests into their Private Houses, and to exercise all the mimic Rites of their gross Superstition without Fear of Controll, amounting (as by their daily Practice and Ostentation we may conceive) to the Nature of a concealed Toleration, Your Majesty would be graciously pleased to entertain this Particular more nearly into Your Princely Wisdom and Consideration, and to dissolve this Mystery of Iniquity, patched up of colourable Leases, Contracts, and Pre-conveyances, being but Masks on the one Part of Fraud to deceive Your Majesty, and Stales on the other Part for private Men to accomplish their corrupt Ends."

His Majesty's Answer to the Fourth Article:

R°.

"To the Fourth: His Majesty is most willing to punish for the Time past, and prevent for the future, any the Deceits and Abuses mentioned in this Article; and will account it a good Service in any that will inform Himself, His Privy Council, Officers of His Revenue, Judges, or Learned Counsel, of any Thing that may reveal this Mystery of Iniquity: And His Majesty doth strictly command every of them, to whom such Information shall be brought, that they suffer not the same to die, but do their uttermost Endeavour to effect a clear Discovery, and bring the Offender to Punishment. And, to the Intent no concealed Toleration may be effected, His Majesty leaves the Laws to their Course."

5 Artic.

"That, as the Persons of Ambassadors from Foreign Princes, and their Houses, be free for the Exercise of their own Religion, so their Houses may not be made Free Chapels and Sanctuaries unto Your Majesty's Subjects Popishly affected, to hear Mass, and to participate in all other Rites and Ceremonies of that Superstition, to the great Offence of Almighty God, and Scandal of Your Majesty's People loyally and religiously affected; that either the Concourse of Recusants to such Places may be restrained, or at least such a vigilant Watch set upon them, at their Return from those Places, as they may be apprehended, and severely proceeded withall-ut qui palam in luce peccant, in luce puniantur."

His Majesty's Answer to the Fifth Article:

R°.

"To the Fifth: His Majesty is well pleased to prohibit and restrain their Coming and Resort to the Houses of Ambassadors; and will command a vigilant Watch to be set for their taking and punishing, as is desired."

6 Artic.

"That no Place of Authority and Command, within any the Counties of this Your Majesty's Kingdom, or any Ships of Your Majesty's, or which shall be employed in Your Majesty's Service, be committed to Popish Recusants, or to Non-communicants by the Space of a Year past, or to any such Persons as, according to Direction of former Acts of State, are justly to be suspected; as the Place and Authority of Lords Lieutenants, Deputy Lieutenants, Justices of Peace, or Captains, or other Officers or Ministers, mentioned in the Statute made in the Third Year of the Reign of Your Father of Blessed Memory; and that such as, by Connivance, have crept into such Places, may, by Your Majesty's Royal Command, be discharged of the same."

His Majesty's Answer to the Sixth Article:

R°.

"To the Sixth: His Majesty is persuaded, that this Article is already observed with good Care: Nevertheless, for the avoiding (as much as may be) all Errors and Escapes in that Kind, His Majesty will give Charge to the Lord Keeper, That, at the next Term, he call unto him all the Judges, and take Information from them of the State of their several Circuits, if any such (as are mentioned in this Article) be in the Commission of the Peace, that due Reformation may be made thereof; and will likewise give Order to the Lord Admiral, and such others to whom it shall appertain, to make diligent Inquiry, and Certificate to His Majesty, if any such be in Place of Authority and Command in His Ships or Service."

9 Artic.

"That all Your Majesty's Judges, Justices, and Ministers of Justice, unto whose Care and Trust, Execution (which is the Life of Your Majesty's Laws) is committed, may, by Your Majesty's Proclamation, not only be commanded to put in speedy Execution those Laws which stand in Force against Jesuits, Seminary Priests, and Popish Recusants; but that Your Majesty would be further pleased to command the said Judges and Justices of Assize, to give a true and strict Account of their Proceedings, at their Returns out of their Circuits, unto the Lord Keeper; and by the Lord Keeper to be presented unto Your Majesty."

His Majesty's Answer unto the Seventh Article:

R°.

"To the Seventh: His Majesty doth fully grant it."

8 Artic.

"And, for a fair and clear Eradication of all Popery for the future, and for the breeding and nursing up of a holy Generation, and a peculiar People sanctified unto the true Worship of Almighty God, That, until a Provisional Law may be made for the training and educating of the Children of Popish Recusants in the Grounds and Principles of our Holy Religion, which we conceive will be of more Power and Force to unite Your People unto You in Fastness of Love, Religion, and Loyal Obedience, than all Pecuniary Mulcts and Penalties that can possibly be devised, Your Majesty will be pleased to take it into Your own Princely Care and Consideration.

"These our humble Petitions, proceeding from Hearts and Affections loyally and religiously devoted to God and Your Majesty's Service, and to the Safety of Your Majesty's Sacred Person, we most zealously present to Your Princely Wisdom, craving Your Majesty's chearful and gracious Approbation."

His Majesty's Answer to the Eighth Article:

R°.

"To the Eighth: His Majesty doth well approve it, as a Matter of necessary Consideration; and, the Parliament now sitting, He recommendeth to both Houses the Preparation of a fitting Law to that Effect.

"And His Majesty doth further declare, That the Mildness that hath been used towards those of the Popish Religion, hath been upon Hope that Foreign Princes thereby might be induced to use Moderation towards their Subjects of the Reformed Religion: But, not finding that good Effect which was expected, His Majesty resolveth, unless He shall very speedily see better Fruit, to add a further Degree of Severity to that which in this Petition is desired."

Ld. Delawar's Privilege.

The Judges delivered their Opinion this Day, touching the Discharge of Thomas Willoughby, by Privilege of Parliament, according to the Order of 31 Martii. Their Opinion was this in Effect:

Willoughby's Arrest.

"That the Delivery of Wylloughby by Privilege of Parliament will be inconvenient, both to the Marshal and to the Creditors, in respect of the Debts and Executions laid on him since the Time of Privilege expired."

This was long debated; and, in the End, referred again unto the Committee for Privileges, etc.

Message from the House of Commons, by Mr. Secretary Cooke and others:

Message from the H. C. for a Conference touching the Liberty of the Subject.

That the Commons desire a Conference with their Lordships, about some ancient Fundamental Liberties of the Kingdom.

Answer.

Answered:

The Lords will give them a Meeting, by a Committee of both Houses, at Three this Afternoon, in the Painted Chamber.

These Lords were appointed to report what the Commons shall deliver at this Meeting: videlicet,
Lord President,
Earl of Herteforde,
Earl of Devon, and
The Lord Bishop of Lincoln.

And these Lords were appointed to be Assistants unto them: videlicet,
Earl of Leicestre,
Earl of Clare,
Lord Viscount Say et Sele, and
The Lord Bishop of Norwiche.

And these Eight Lords are to have the first Places at this Meeting.

Making Arms serviceable.

The Earl of Bedforde reported the Bill of Arms fit to pass, with some Amendments; the which Amendments were Twice read, and approved of; and the Bill amended accordingly. Then divers Motions were made for some Additions to be added; whereupon the said Bill was re-committed to the former Committee.

Earl of Banbury's Precedency.

The Earl of Clare moved the House, To expedite the Business concerning the Precedency of the Earl of Banburye; and signified, That the Earl of Tottnes doth give his Consent thereto, during the Earl of Banburyes Life only, in respect of the King's Desire; so that now there resteth only the Earls of Mullgrave and Marleborough to be treated with herein: Whereupon the Duke promised to speak with the Earl of Marleborough herein, and to signify his Answer to the House; and the Earl Marshal proffered to write to the Earl of Mulgrave; which were agreed on.

Earl of Cleveland assents to it.

Then the Earl of Clevelande, who, in his former Answer (2 Aprilis), desired Respite touching the Earl of Banburyes Precedency in this House, did now this Day declare his Consent therein also, as well as in all other Places, out of his Lordship's Respect unto His Majesty's Desire.

Committee for Privileges, etc.

The Committee for Privileges, etc. are to meet this Afternoon, at Two.

Hospitals and Free-schools.

The Committee on the Bill for better Maintenance of Hospitals, etc. are to meet To-morrow at Eight.

Making Arms serviceable.

And the Committee on the Bill of Arms are to meet on Wednesday next, at Two post meridiem.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Martis, 8^m diem instantis Aprilis, hora nona, Dominis sic decernentibus.