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Bp. of Lond. I protest my heart melteth-| His Maj. I assent thereunto, and let the with joy, that Alinighty God, of bis singular bishop of the diocese set down the time. inercy, hath given us such a king, as, since Mr. Knewst. I request the line favour of Christ's inne, ihe lihe hath not been,

forbearance to some honest ministers in Suffolk. Then passed there much discourse between For it will make much against their credits in thu hing, the bishops, and the lords, about the the country, to be now forced to the Surplice, quality of the persons, and causes in the High and Cross in Baptism. Commission, rectifying Excommunications in A. o Cant. Nay, sirmatters of less moment, punishing Recusants,

His Nui.

Let me alone to answer him. providing Divines for Ireland, Wales, and the Sir, you shew yourself an oucharitable man. Northern Borders. Afterwards the four preach. We have here taken pains, and, in the end, ers were called in, and such alterations in the have concluded on unity and uniformity, and Liturgy were read unto them, which the bishops, you, forsooth, must prefer the credits of a few by the king's advice, lad made, and to which, private men before the peace of the Church, by their silence, they seemed to consent. | This is just the Scotch argument, when any

His Maj. I see the exceptions against the i thing was concluded, which disliked some biCommunion-book, are matters of weakness, mours. Let them either conturm themselves therefore if the persons reluctant be discreet, shortly, or they shall bear of it. they will be won betunes, and by good persua Ld. Cecil. The indecency of Ainbulating sions : it indiscreet, betier they were removed, Communions, is very offensive, and hath driven for by their factions many are driven to be many from the Church, Papists. From you Dr. Reynolds and your Bp. of Lond. And Mr. Chaderton, I could associates, I expect obedience and humility tell you of Sitting Communions in Emanuel (the marks of honest and good inen) and that 'co!leve. you would persuade others abroad by your Dr. Chad. It is so, because of the seats so example.

placed as they be, and yet we have sine Dr. Reyn. We here do promise to perform kneeling also in our chapel. all duties to bishops, as reverend fathers, and to His Alai. No more bereof for the present, join with them against the common adversary seeing they have jointly promised herealter to for the quiet of the Church.

be quiet and obedient.-Whereat be rose up Mr. Chaderton. I request the wearing of the tu de part into an inner chamber. Surplice, and the Cross in Baptismi may not be Bp. of Lond. God's goodness be blessed urged on some godly ministers in Lancashire, for your majesty, and give health and prosperity fearing, if forced unto thein, many won by their to your highness, your gracious queen, the preaching of the Gospel will revolt to Popery, young prince, and all the royal issue. and I particularly instance in the vicar of Thus ended the three days Conference, Ratsdale.

wherein how discreetly the king carried bimsbp. of Cant. You could not have light selt, posterity (out of the reach of flattery) is upon a worse, for not many years ago (as my the most competent judge, such matters being lord chancellor knows) it was proved before me, most truly discerned at distance. It is genethat by his unreverent usage of the Eucharist rally said, that herein he went above himself; (dealing the bread out of a basket, every man that the bishop of London appeared even with putting in his hand, and taking out a piece) he binselt, and Dr. Reynolds tell much beneath made many loath the Communion, and refuse himself. Others observed that abp. Whitgift to come to Church,

spake most grarely; Bancroft (wben out of His Muj. It is not my purpose, and I dare passion) most poliucly; Bilson, most learnedsay it is not the bishops intent, presently, and ly. And of the divines, Mr. Reynolds most out of hand, to enforce these things, without largely ; Knewstubs most affectionately; Chafatherly admonitions, conferences, and persua- derton inost sparingly. In this scene, only sions, premised; but I wish it were examined, Dr. Sparhs was appears agéow 7ev, making use of whether such Lancashire ministers, by their his bearing, pot sprechi, converted (it seems) pains and preaching, have converted any from to the truth of what was spoken, and soon atter Popery, and withal be men of honest live, and setting forth a Treatine of Unity and Unitorquiet conversation. If so, let letters be written mity.—But the nonconformisis complained, to the bishop of Chester (Rich. Vangban, that the ning sent for their divine s, not to bave afterwards bishop of London) (who is a grave their scruples satisfied, but his Pleasure proand good man) lo that purpose, that some pounded; nor that he might know what they favour may be atforded unto them, and let the could say, but they what he would do, in the lord archbishop write the letters.

Besides, no wonder if Dr. Reynolds Bp. of Lond. If this be granted, ihe copy a little lost himseli, whose eres were partly of these Letters will My all over England, and dazzled with the light of the king's majesty, then all non-conformisti will mthe the like partly daunted with the heat of bis displeasure. request, and su no fruit fullow of this Conter- Others complain, that this Conference is pareore, but things will be worse than they were cially set forth only by Dr. Barlow, dean of before. ! desire there fore a time may be Chester, their professed adversary, to the great limited, within the compass whereor they shall disadvantage of their divines. And when the conform,

Israelites go down to the Philistines, to whet all

maiter,

their iron tools, no wonder if they set a sharp | may be removed, some amended, sonne quali. edge on their own, and a blunt one on their ene-fied.-1. In the Church Service. That the mies weapons.-ThisConference produced some Cross in Baptism, Interrogatories ministered to alterations in the Liturgy, womens baptizing of infants, Confirmation, as superfluous, may be infants, formerly frequent, hereafter forbidden ; taken away: Baptism not to be ministered by in the rubric of Absolution, Reinission of Sins women, and so explained. The Cap and Sur. inserted, Confirmation termed also an Exami- plice not urged. That Examination may go nation of Children, and some words altered in before the Communion. That it be ministered the Dominical Gospels, with a resolution for a with a sermon. That divers terms of Priests, new Translation of the Bible. But whereas it and Absolution, and some other used, with the was hitherto disputable, whether the north, King in Marriage, and other such like in the where he long lived, or the south, whither ne Book, may be corrected. The lony-someness lately came, should prevail most, on the king's of Service abridged. Church songs, and Mujudgment, in Churchi-government; this doubt sic moderated to better edification. That the was now clearly decided. Hence forward Lord's day be not profaned. The rest upon many cripples in conformity, were cured of Holy days not so strictly urged. That there their former halting therein, and such, who may be an uniforinity of doctrine prescribed. knew not their own, till they knew the king's No Popish opinion to be any more taught, or mind in this matter, for the furure, quietly defended. No ministers charged to teach digested the Ceremonies of the Church. their people to bow at the name of Jesus.

That the canonical Scriptures only be read in The following is the Millenary Petition.

the Church.-2. Concerning Church Ministers. “ The humble Petition of the Ministers of the That none hereafter be admitted into the mi

Church of England, desiring Reformation nistry, but able and sufficient men, and those of certain Ceremonies, and Abuses of the to preach diligently, and especially upon the Church.

Lord's day. That such as be already entered, “ To the most christian, and excellent prince, and cannot preach, may either be removed,

our gracious and dread sovereign, James by and some charitable course taken with them the grace of God, &c. We the Ministers of for their relief; or else to be forced, according the Church of England, that desire Reforma- to the value of their livings, to maintain tion, wish a long, prosperous, and happy preachers. That Non-Residence be not perreign over us in this life, and in the next initted. That king Edward's statute, for the everlasting salvation.

lawfulness of Ministers Marriage, be revived. " Most gracious and dread Sovereign; Seeing That ministers be not urged to subscribe, but, it hath pleased the Divine Majesty, to the according to the law, to the Articles of Religreat comfort of all good Christians, to advance gion, and the king's supremacy only.-3. For your highness, according to your just title, to Church Livings, and Maintenance. That bithe peaceable government of this Church and shops leave their Commendams; some holding Conimonwealth of England : We the Minis- prebends, some parsonages, soine vicarages with ters of the Gospel in this land, neither as fac- their bishoprics. That duuble beneticed men be tious men, affecting a popular parity in the not suffered to hold, some two or three Bencfices Church, nor as schismatics aiming at the disso. with Cure : and some, two, three, or four Diglution of the state ecclesiastical; but as the nities besides. That Impropriations annexed faithful servants of Christ, and loyal subjects to bishoprics and colleges, be dernised only to to your majesty, desiring and longing for the tre preachers incumbents, for the old rent. redress of divers abuses of the Church ; could That'the Impropriations of Laymen's fees may do no less, in our obedience to God, service to be charged with a sixth or seventh part of the your majesty, love to his Church, than acquaint worth, to the maintenance of the preaching your princely majesty, with our particular minister.—4. For Church Discipline. "That the griefs : for, as your princely pen writeth, The Discipline, and Excommunication may be adıniking, as a good physician, must first know what nistered according to Christ's own institution : peccant humours liis patient naturally is most or at the least, that enormilies inay be redresssubject unto, before he can begin his cure. ed. As namely, That excommunicatiou come And, although divers of us that sue for Refor- not forth under the name of lay-persons, chanmation, have formerly, in respect of the times, cellors, officials, &c. That men be not excomsubscribed to the Book, soine upor protesta- municated for trifles, and twelve-penny matters. tion, some upon exposition given them, some That none be excommunicated without conwith condition, rather than the Church should sent of his pastor. That the officers be not have been deprived of their labour, and minis- suffered to extort unreasonable fees. That try; yet now, we, to the number of more than none, having jurisdiction, or registers places, a thousand, of your majesty's subjects and mi- put out the same to farm. That divers Popish nisters, all groaning, as under a common bur- Canons (as for restraint of marriage at certain den, of human rights and ceremonies, do, with times) be reversed. That the longsomeness of one joint consent, humble ourselves at your suits in ecclesiastical courts (which hang some majesty's feel, to be eased and relieved in this times two, three, four, five, six, or seven years) behalf. Our humble suit then unto your ma- may be restrained. That the oath er officio, jesty is, that these offences following, some whereby men are forced to accuse themselves,

be more sparingly used. That Licenses for | acceptable to God, honourable to pour majesty Marriage, without Banns asked, be more cauti in all succeeding ages, profitable to his Church, ously granted. — Thiese, with such other abuses, which shall be thereby increased, comfortable yet reinaining, and practised in the Church of to your ministers, which shall be no more susEngland, we are able to shew, not to be agree- pended, silenced, disgraced, imprisoned for able to the scriptures, if it shall please your men's traditions; and prejudiejal to none, but highness tarther to hear us, or more at large by to those that seek their own quiet, credit, and writing to be informed, or by conterence protit in the world. Thus, with all dutitul subamong the learned to be resolved. And yet mission, referring ourselves to your majesty's we doubt not, but that, without any farther pleasure, for your gracious answer, as God shull process, your inajesty (of whose Christian judy-direct you: we most humbly recommend your ment we have received so good a taste already) highness to the Divine Majesty: whom we beis able of yourself, to jurige of the equity of seech for Christ his sake to dispose your royal this cause. God, we trust, hath appoimod your heart to do herein, what shall be to his glory, highness our physician to heal these diseases. the good of his Church, and your endless coinAnd we say with Mordecai to llester, “who tort. Your majesty's most humble subjects, knoweth, whether you are come to the king. the Ministers of the Gospel, that desire not a dom for such a time ?” Thus your majesty disorderly Innovation but a due and godly Reshall do that, which, we are persuaded, shall be formation.

77. The Case between Sir Francis Goodwin and Sir John For

TESCUE, relative to a Return for the County of Buckingham;
as it stands upon the Journals of the House of Commons :
1 Jac. I. A. D. 1604.
INTRODUCTION.

stands in the Journals of the Commons at this

day. “Immediately after the opening of the From 1 Cobb. Purl. Hist. 997.

Parliament the Commons examining, according On the 26th of March 1604, upon a inotion to custom, the contested Elections, there was of the lord Cecil, a Conference was agreed a debate in the house about the return of sir upon to be had with a certain number of the Francis Goodwin, and sir John Fortescue, for Lower House, concerning the public State of knight of the shire for the county of Bucke, the Nation ; and on two things, in particular, and upon a full hearing, sir Francis was dePurveyors and Respite of Homage. "To which clared duly elected. Three days after, the the Commons desired might be added another Lords sent a Message to the Commons, that article concerning the matter of Wards : there might be a Conference about Goodwin's answer was returned back, by the Lords, “That election. The Commons, surprized at so extrathey liked well the motion for a Conference, ordinary a Message, answered, They did not touching the last mentioned matter. But, with think themselves obliged to give an account of all, because there were several other things their proceedings, and therefore could not that did concern the public state; of wirich it grant ihe Conference required. The Lords was likewise proper to have conference, before replied, the king having been acquainted with hand, for the better furtherance of the public what had passed in Goodwin's Case, thought service ; and, ip regard, the said natters were hinself engayed in honour to have the aviair of importance, their lordships desire them to debated again, and had ordered them to conter increase the number of their committee as with the Commons upon it. Whereupon, the they intended to do theirs.” A large Com-Communs, by their Speaker, gave their Reamittee of lords were accordingly appointed, sons to the king, why they could not admit of consisting of nine earts, one viscount, six bishops, this innovation. Bụt all they could obtain and 13 barons ; who were to be attended by was, that instead of a Conference with the the two lord chief justices, four judges, Mr. Ser- Lords, the king commanded them to conter jeant Crook, and Mr. Attorney-General. The with the Judges. This pleased them no more commons deputed about 60 knights and bur- than the other. They set down their Reasons gesses of their house ; and this is all that the in writing, and delivered thein at the CouncilJournals of the Lords mention of this matter. Chamber, to desire their lordships to intercede But the Journals of the Commons are not so for them to the king, not to violate their prisilent; for it was, indeed, a business of im- / vileges. The Answer was, the king absolutely portance to the Liberties and Privileges of that commanded them to have a Conterence with House. Rapin, (from Coke) represents this, the Judges. The Commons were extremely affair as another instance of this king's aiming surprized at so absolute an order. Meanat absolute power. In order to introduce this while, fearing to be accused of too easily enmatier, we shall give a paragraph from this gaging in a quarrel with the King, they thought author's History of England, (v. ii, p. 168) it more proper to yield, than stand out, fully and then subjoin the whole Account, as it bent however to adhere to what had been de

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termined in the Case of the contested election. | House, and then the Clerk of the Crown con.
Certainly, the king had engaged in a very nice inanded to retire to the door : And after, sir
affair, and probably would not have come off' Francis Goodwin himself (whom it specially
with honour, had he not been disengaged by concerned) attending to know the pleasure of
Goodwin's moderation. Sir Francis, chusing the house, was called in, to deliver the state of
to forfeit his right rather than occasion a quar- bis own cause, ore tenus; wherein he was
rel between the King and the Commons, de heard at large, and commanded again to retire
sired the house to order the County of Bucks until the house had determined what to do.
to elect another knight in bis stead. The In this mean time the whole case was at
King and Commons equally accepted of this large opened, and argued pro et contra by sun-
expedient, which prevented them from coming dry learned and grave Members of the house,
to extremities; but the king found from hence, and after much dispute the question was agreed
that no great account was made of the procla- upon, and made.
mation upon calling the parliament wbereby he Quiest. · Whether sir Francis Goodwin were
meant to be master of the elections.” Thus lawfully elected and returned one of the
far Mr. Rapin. This Case of sir Francis Knights for Bucks; and ought to be admitted
Goodwin was printed, by order of the House and received as a Member of this House ?
of Commons, in 1704, under the direction of l'pon this question it was, Resolved in the
Robert Harley, e q. (afterwards earl of Oxford) affirmative, " That he was lawfully elected
then Speaker, on occasion of the famous and returned, and, de jure, ought to be receive
Debate, at that time, upon the Aylesbury ed.” Hereupon the Clerk' of the Crown was
Election,

commanded to file the first Indenture of Re-
Tue Case.

turn : and order was given, tbat sir Francis Die Jodis 22 Martii, 1603-4.

should presently take the Oath of Supremacy The first motion was made by sir William did accordingly.

usual, and his place in the House; which die
Fleetwood, one of the knights returned for the
County of Bucks, on the behalf of sir Francis

Die Martis 27 Martii 1604.
Goodwin, kpight; who, upon the first Writ of
Summons directed to the Sheriff of Bucks, with the lords, touching Wardship and other

Sir Francis Bacon, in reporting a conference was elected the first Knight for that shire: but things, reported that a lord touched the Case of the Return of his Election being made, it was sir Francis Goodwin as a thing he had heard at refused by the Clerk of the Crown (quia utla- large, but did not understand it, and therefore gatus): and because sir John Fortescue, upon desired to know it ino.e particularly from this a second Writ, was elected, and entered in

house. that place, his desire was, that this keturn

Answer was made, That they had no Warmight be examined, and sir Francis Goodwin

rant from the house to speak of it. received as a member of the house. The

Sir Edward Coke, his majesty's attorneyHouse gave way to the motion; and for a more deliberate and judicial proceeding in a

general, and Mr. Dr. Hone, bring a Message

froin the lords, expressing with what acceptacase of privilege so important to the house, Ordered, 'I bat the Serjeant (the proper

tion their lordships entertained their motion • ficer of the house) should give warning to the yesterday, not only for the matter being of • Clerk of the Crown to appear at the bar at cially for the manner; namely, That, touching

very great weight and consequence, but espeeight o'clock the next morning, and to bring Wardship, they would not petition for ease in • with him all the Writs of Sunmous, Inden- it as a matter of wrong, but of grief; and pray • tures, and Returns of Election for the county • of Bucks, made and returned for this Parlia- And their lordships for answer were desirous,

to be relieved by grace, and not by justice : • ment; and to give warning also to sir Fran- and moved at that time to couple in the same * cis Goodwin to attend in person, whom their petition the matter of grievance, of Respite of • pleasure was to hear, ore tenus, to deliver Homage, which his inajesty, out of his gracious • the state of his own cause, and the manner favour and love to his people, had himself

and reasons of the proceeding in the Election taken know ledge of, • And as they conceive 5 of the Knights of the Shire for that County.' This being a motion lending to Matter of tinue between the two houses, touching the

• it to be likely, that the conference inay conPrivilege, was seconded with another by Mr.

said matters : as they are very zealous of the Serjeant Shirley, touching an arrest of sir Tho.

• furtherance of their purpose, so are they Riley, &c.

• jealous of any impediment that inay breed Die V'eneris 23 Marti, 1603-4.

lett, or hindrance thereio : therefore i hey deSir George Copping, knight, Clerk of the sire, for a more clear proceeding and removCrown in the Chancery, this day, (according to ing of all stumbling-blocks, that the former former order) being attended by the Serjeant committees may, in a second conference to of the House with his mace, appeared at the be had, have authority to treat touching the bar, and produced all the Writs of Summons, Case of sir Francis Goodwin, the Knight for Indentures, and Returns made of the Knights Buckinghamshire, first of all, before any other for Buckinghamshire for this Parliament ; • matter were farther proceeded in.' which were severally read by the Clerk of the A. The answer to this Message, (as in such

of

<

cases is for the more part usual) “That they | Mr. Wentworth, Mr. Martin, Mr. Serj. Sing, would return answer by messengers of their sir Rob. Wroth, Mr. Fr. Moore, sir Henry own.'

Mountague, sir Wm. Fleetwood, Mr. Fuller, Upon this Message ië was argued by some, Mr. Serj. Tanfield, Mr. Serj. llobbard, sir . That in no sort they should give account to Robert Wingfield, Mr. Ilide, Mr. Diet, Mr. • the lords of their proceedings in the house ; Winch, sir Edwin Sandis, sir Fr. Hastings, • but that Mr. Speaker should from the house Mr. Wiseman, sir Geo. Moore, sir Edw.

be a suiter to his majesty, to have access, Hobby, sir Rob. Cotton, sir Tho. Lake, sir • and as their common mouth give his highness Oliver St. John, sir Edw. Stafford, Mr. An• satisfaction by direction from the house : throbus, Mr. Serj. Dodridge, sir Roger Wil. • That now the Judgment of sir Francis Good-' braham, Mr. Solicitor, sir Edw. Tyrrel, to meet

win's case having passed the house, it could at 4 o'clock this afternoon at the Parliament• not, nor ought pot, to be reversed by them. Chamber in the Middle-Temple. • A Precedent, 27 Eliz. cited; where a Bill

Die Ilercurii, cit. 28 die Hartü. • brought down from the lords, upon the first

Mr. Speaker, with a great number of the • reading was rejected; the lords sent messen- house, assembled at 6 a-clock this inorning, •gers to demand a reason of their Judgment with a purpose to treat and resolve what should • It was denied to yield any reason.'

be delivered to his majesty, (being appointed to This Arguinent brought forth this Question, attend him the same morning at 8 a-clock) which Mr. Speaker was ordered by the house touching the Reasons of their Proceedings in presently to make, viz.

sir Francis Goodwin's Case: but because the Quest. · Whether they should confer with house was not then thought full enough for a

the lords, touching the Case of sir Francis matter of that consequence, they proceeded to • Goodwin the Knight for Buckinghaınshire the reading of Bills. • And Resolved, That they should not.'

l'pon motion touching Mr. Speaker's attendIt was then considered as it to return some

ance on the king, a Committee was named to Answer of the Message from the lords; and accompany him, viz. All the Privy-Council, Mr. Secretary Herbert, with some other of the being members of the l:duse: Sir George Carew, Committees, were appointed to deliver to their Vice-Chamberinin to the queen, sir Francis lordships, from the house; “That they did Bacon, Mr. Serj. Dodridge, sir Henry Moun• conceive it did not stand with the lonour tague, Mr. Serj. 11obbard, Jr. Serj. Lee, Mr. • and Order of the house, to give account of Fuller, Ur. Hide, Mr. Francis Moore, Mr. • any their proceedings or doings : but if their Winch, Mr. Tate, Mr. Rd. Martin, Mr. Serj.

lordships have any purpose to confer for the Shirley, Mr. Serj. Tanfield, sir John Heigham, • residue, that then they will be ready at such sir Rvb. Oxenbridge, sir Wm. Fleetwood, sir • time and place, and with such pumber as Ellwyn Sandis, sir Rob. Wroth, sir George • their lordships shall think meet.'

Fleetwood, sir John Scott, sir llerbert (rotts, Upon the last Message to the lords, the sir James Scudamorr, sir Jerome Iforsey, sir messengers return, • Thit their lordships would Edw. Radcliffe, sir Tho. Holcroft, sir Anthony • presendly send answer by messengers of their Rowse, sir llenry Nevill, sir Edw. Mountague, • own.'

sir Tho. Hobby, sir Michael Sandis, Mr. Tho. Sir Edward Coke, his majesty's Attorney: Benson, sir Fr. Fane, sir Fr. Hastings, sir Gen. General, Mr. Dr. Carew, Mr. Dr. Hone, and Moore, sir Fdw. Hobby, sir Robert Wingfield, Mr. Tvndall, delivered froin the lords, . That sir Maurice Berkley, sir Edw. Tyrrell, sir Wm. • their lordships taking notice in particular of Killegrew, sir Fr. Popham, Mr. Fr. Clifford, • the Return of the Sheriff of Bucks; and ac

sir John Savill, sir Tho. Waller, sir Wm Lower, quainting his majesty with it, his bighness Mr. Nath. Bacon, sir Rd. Verney, sir Geo.ge • conceived himself engaged and touched in Fane, A1r. Toby Matthew, sir Tho. Ridgway, o honour that there might be some conference Mr. Edw. Seymour, sir Win. Bourlacy, sir Rob.

of it between the two houses: and to that Moore, sir juna. Trelawney, sir Edw. Denny, • end, signified his pleasure unto them, and by sir Tho. Watsingham, sir Fr. Barrington, sir • thein to this house.'

Robert Nappier, sir Valentine knightley, sir Upon this Message, so extraordinary and George Carew, Master of the Chancery, sir unexpected, the bouse entered in some consi

Nich. Halswell, sir John Thynne, sir Tho. deration what were fit to be done; and Re- Freake, sir Jerome Bowes, sir Edw. Herbert, solved, “That his majesty might be moved for sir John Leveson, Mr. Dudley Carleton. access ihe next day. And afterwards they understood his pleasure to be, . That they should tees, were this day, at 8 in the morning, ap

Mr. Speaker, together with these Commitattend at Whitehall at eight the next morning.' pointed to attend bis majesty, and to relate the But because the time was then somewhat for Reasons of the Proceeding of the house in sir spent, they Ordereit, • That the House with Francis Goodwin's Case; where, upon Answer Mr. Speaker, should meet at six the next

or Reply, such lawyers as be of the Committee morning in the house.'

are to give their assistance. Yet afore their rising, they thought fit to name a Committee, to sct down the effect of Die Jovis, viz. 29 die Aartii, 1601. that which Mr. Speaker was to deliver from Mr. Speaker relateth what he had delivered the house to the king, viz. sir Francis Bacon, to the king by warrant from the house the day

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