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ill consequences whereof we heartily desire may be prevented; and therefore what we humbly conceive to be some present Remedies for the said growing mischiefs, we have hereunto added, in our most humble Petitions.".

"Causes of the Growth of Popery: "1. That there are great numbers of Priests and Jesuits frequenting the cities of London and Westminster, and most of the counties of this kingdom, more than formerly, seducing your majesty's good subjects. 2. That there are several chapels and places used for saying of mass, in the great towns and many other parts. of this kingdom, besides those in ambassadors houses, whither great numbers of your majesty's subjects constantly resort and repair without controul, and especially in the cities of London and Westminster, contrary to the established laws. 3. That there are Fraternities or Convents of English Popish Priests and Jesuits, at St. James's, and at the Combe in Herefordshire, and others in other parts of the kingdom; besides, several schools are kept in divers parts of this kingdom, for the corrupt educating of youth in the principles of popery. 4. The common and public selling of Popish Catechisms, and other seditious Popish Books, even in the time of parliament. 5. The general remissness of the magistrates, and other officers, or clerks of assize and clerks of the peace, in not convicting of Papists according to law. 6. That suspected Recusants are free from all offices chargeable and troublesome; and do enjoy the advantages of offices and places beneficial, executed either by themselves, or by persons intrusted for them. 7. That the Advowsons of churches and presentations to livings are disposed of by Popish recusants, or by others intrusted by them, as they direct, whereby most of those livings and benefices are filled with scandalous and unfit ministers. 8. That many persons take the liberty to send their children beyond the seas, to be educated in the Popish religion; and that several young persons are sent beyond seas, upon the notion of their better education, under tutors or guardians, who are not put to take the oaths of allegiance and supremacy, and usually corrupt the youths under their tuition into popery. 9. That there have been few Exchequer process issued forth since the Act of Oblivion against the Popish Recusants convict, though many have been certified thither. 10. The great insolencies of the Papists in Ireland, where do publicly appear archbishops and bishops, reputed to be made such by the Pope, in opposition unto those made under your majesty's authority, according to the religion established in England and Ireland; and the open exercise of mass in Dublin, and other parts of that kingdom, is a further great Cause of the present Growth of Popery; and that Peter Talbot, the reputed abp. of Dublin, was publicly consecrated so at Antwerp with great and public solemnity, from whence he came to London, where he exercised his function, and was all

along his journey to Chester treated with the character of his grace, by the Popish Recusants whom he visited; and at his landing in Dublin, he was received with very great solemnity by those of the Popish Religion there; where also he exercised his function publicly, great multitudes then flocking to him, and still continues to do the same. His present residence is within three miles of Dublin, at his brother's col. Rd. Talbot, who is now here, soliciting your maj. as public agent on the behalf of the Irish Papists of that kingdom. The Remedies against these growing Mischiefs. We, the lords spiritual and temporal and commons in this present parliament assembled, do in all humility represent to your sacred majesty in these Petitions following. 1. That your majesty, by your Proclamation, would be most graciously pleased to command, That all popish priests and jesuits do depart this realm, and all other your majesty's dominions, on or before a short day to be prefixed, at their perils (excepting only such foreign priests as attend her majesty's person by the contract of marriage, and ambassadors according to the law of nations); and that all judges and justices of the peace, and all other ministers and officers of justice, do cause the laws now in force against popish recusants to be put in due execution, and, in the first place, for the speedy conviction of such popish recusants; and that all judges and justices aforesaid do strictly give the said laws in charge unto the juries, at all assizes and sessions, under the penalty of incurring your majesty's highest displeasure. 2. That you would be graciously pleased to restrain and hinder the great concourse of your native subjects, from hearing of mass, and other exercises of the Romish religion, in the houses of foreign ambassadors or agents, and in all other chapels and places of this kingdom. S. That your maj. would be most graciously pleased, out of your most princely wisdom and pious consideration, to take care, and cause, that no office or employment of public authority, trust, or command, in civil or military affairs, be committed to, or continued in the hands of any person being a popish recusant, or justly suspected to be so. 4. That your maj. would be graciously pleased to take notice of all fraternities and convents of English and other popish priests, jesuits, and friars, and schools for the educating of youth in the principles of popery, erected within your majesty's dominions; and to cause the same to be abolished, and the said priests, jesuits, friars and shoolmasters, to be duly punished for such their insolencies. 5. That your maj. would be graciously pleased, from time to time, to require and cause, that all the officers of or re lating to the exchequer, according to their several duties, do proceed in, and issue forth, the exchequer process effectually upon popish recusants convict, certified thither; and that` every such officer as shall refuse or neglect to do his duty as aforesaid, be severely punished for such his failure. 6. That your maj, would

After this, the commons proceeded with all vigour upon the king's Supplies, the SubsidyBill, the Excise-Bill, and the Law-Bill; to which three they afterwards added a fourth bill for Impositions on Foreigu Commodities.

be graciously pleased to give order for appre- | &c. are within 20 days to advertise some of hending, and bringing over into England, one the lords of the privy-council of their names, Plunkett, who goes under the name of primate and for what cause they were committed, to of Ireland, and one Peter Talbott, who takes the end orders may be given for their transon him the name of abp. of Dublin; to answer portation." such matters as shall be objected against them. To these our most humble Petitions, proceeding from our duty and zeal for the glory of God, and good care of your sacred majesty, and from the care incumbent on us for the safety and peace of these your majesty's kingdoms; we do in all humility beseech your maj. to vouchsafe a gracious Answer. And we, your majesty's most loyal and obedient subjects, shall ever pray for your long and happy reign over us; and, as in conscience we are obliged, shall constantly adhere to, and assist your majesty, in the maintenance and defence of your majesty's Supremacy, and the true Protestant religion now established in your majesty's dominions, in opposition to all foreign powers and popish pretensions whatsoever."

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The great Controversy between the Lords and Commons concerning the Lords making Amendments to Money Bills.] Two Money-Bills remained to be passed, the one for Impositions on Proceedings at law,' and the other, for an Additional Imposition on several Foreign Commodities:' which the merchants esteeming a Grievance, they petitioned the house of lords for relief, who thought their Reasons of such weight, that they demanded a Conference with the commons upon the case in dispute; and this being complied with, a committee from both houses were appointed. The earl of Anglesea was Speaker for the lords, and sir llencage Finch, attorney-general, for the commons. The particulars of the Conference were as follows:

The King's Answer to the above Petition.] To the above Petition his majesty made this most gracious Answer to them; " My Lords and gentlemen; I will take care of all these things; I will cause a Proclamation to be issued out against the Priests; I First Conference between the two Houses, will cause the judges, and all other officers to on the Bill for Additional Impositions on Foput the laws against Papists in execution, reign Commodities.] April 17. The earl of and all other things that may conduce to the Anglesea, and the rest of the lords that maPrevention of the Growth of Popery. But Inaged the Conference with the commons on suppose no man will wonder, if I make a dif- Saturday last, concerning the Amendments in ference between those that have newly chang-the bill, intituled, An additional Imposition ed their Religion and those that were bred up in that religion, and served my father and me faithfully in the late wars."

on several Foreign Commodities, and for the Encouragement of several Commodities and Manufactures of this kingdom,' reported the effect of the said conference: viz.

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The King's Proclamation against Papists.] The houses returned their Thanks for this An- "He said, Mr. Attorney General was the swer, and the king accordingly issued out first man who spake; and told their lordships, bis Proclamation; the substance of which was, That the commons had desired this conference "Whereas the lords and commons in parlia- upon the subject-matter of the last conference, ment assembled, have by their Petition pre- which was concerning the Act of Imposition, sented to his majesty their fears and appre-intitled, An additional Imposition on several hensions of the Growth of Popery, together Foreign Commodities,' &c. He said, in the with the Causes thereof, and also such Reme- end of it, your lordships communicated the dies as they conceive most proper to prevent Form of an Address to his majesty, against the such mischiefs: which Petition his majesty hav- use of, and to discountenance those that do ing seriously considered, and with much con- use, foreign manufactures in prejudice of our tentment approving the great care of the said own; which they chearfully concur in, and lords and commons, for the prescrvation of the humbly thank your lordships for: they differ so true Religion established; to which his ma- much in the rest, that he fears this is the only jesty declares, as he hath always adhered thing they agree in; but hope for a good agreeagainst all temptations whatsoever, so he will ment in conclusion, the commons having done still employ his utmost care and zeal in the as much as they can, to narrow the differences. maintenance and defence of it. And therefore strictly commands all jesuits and Romish priests to depart out of England before the 1st of May, upon pain of having the penalties of the laws of this realm inflicted upon them. And his majesty commands all judges, &c. forthwith to put the laws in execution against all Popish Recusants, and such as are suspected to be so, in order to their speedy conviction, and due process upon such conviction. And because there may be some priests imprisoned in this realm, unknown to his majesty; all sheriffs,

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He said, In several clauses, we had varied the rates, in sums, in the species, and in the time.-They desire nothing that is not the subject-matter may come into debate between us (that is, concerning the right of laying Impositions on the subject in general); the present question being concerning rates and impositions on merchandize only. And in this there is a fundamental right in the house of commons, both as to the matter and the measure, and the time, unalterable, and which they cannot part with. He told us, we have

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formerly agreed a Book of Rates without so cedent, 29th Eliz. It was in a private bill, much as seeing it, signed by the Speaker sir which we have no entry of. I shall now obHarbottle Grimston, 12 Carolus ii. confirmed serve, in the year 1660, Dec. 6, An Act 13 of king Charles, which they sent not up, against planting Tobacco in England,' an lest your Speaker might sign it too, whereas office and fees was erected in it: we laid it never Book of Rates was read in the lords aside, and sent a new one, which the lords house. The title they have to the giving Aids, passed. It hath been observed to your lordis the only poor thing the commons can value ships, the irregularity of sending us down a themselves upon to their prince. If there be Bill for Prohibition turned into a Bill for au any fault in this bill, it is that they mentioned Imposition; trenching hereby on the right of any rates at all in particular. If they had the h. of commons, in beginning an imposisent up a Bill of six lines, referring to a Book tion. The substance is the same in both, we of Rates, there could be no reason why your differ only in the way; so that we hope you lordships should not have agreed to that, with will agree. Mr. Attorney concluded: the same difference to the h, of commons, as lords; Aids were never more necessary; and you did for the other Book of Rates 12 Car. this is no common present, a grant for nine 11. We desire we may not dispute what is years, and cannot miscarry but upon difference not the question. The Rates upon Goods and between the two houses. We desire that in Merchandize is that before us. They sent it no place, upon no occasion they may be made this way, to shew their duty to the king, and wider. There are two differences upon it: respects, to the lords; and never supposed it 1. Difference in judgment and opinion; we would be made a handle of difference to ob-hope we have satisfied you therein fully. 2. In struct the gift for ever, as if it were too great to get through. Your lordships begin a new thing. We find ourselves possessed of it in all ages, and find not one grant of Tonnage and Poundage that is not barely the gift of the commons. They hope your lordships will not now go about to assume this; a right so fundamentally settled in the commons, that I cannot give a reason for it, for that would be a weakening of the commons right and privilege, which we can never depart from, being affirmatively possessed of it in all ages, and negatively as to the lords. But, out of respect to your lordships, we have called ourselves to account upon the Reasons of our proceedings in this Bill; and do find that nothing that we have done in it is against the interest of trade; hut no syllable of the variations made by your lordships but is prejudicial to the balance of trade. Some intrusted therewith will pre-part." sent your lordships the Reasons we shall offer; and though the expressions should be somewhat harsh in the maintaining the Right and Privilege of the h. of commons, we desire all may be received with candour and patience, and you would give it a fair interpretation.

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"The next that spoke was sir Robert Howard, for the particular Amendments. [Here follow the several Amendments.] He concluded by saying, your lordships cannot believe we, in the same barque with your lordships, should desire storins : give freely, to prevent them. We are commanded also to say, we should not pursue our own interest, if we did not labour for accommodation. We have done all we can, to invite the lords to a happy concurrence.'-Then sir Rd. Temple said, I am commanded to back all with some observations on your lordships precedents: under favour to your precedents, I find at the same time you sent down for a Conference, March 13, 1580, which was reported in the house of commons, and they justified it by the Entry; the issue was, you did proceed on the new bill, The second preVOL. IV.

interest and privilege: this is in a narrow compass, we stand upon this; rates on merchandize you never did impose, never diminish. Books of rates have been kept from you, lest you should enquire into them. Nothing so dangerous as differences, nothing so unparlamentary. My lords, pray let nothing be done unparliamentary."-Upon the report of this Conference and consideration had thereupon : It was resolved, upon the question, by the lords, nem. con. "That the power exercised by the house of peers, in making Amendments and Abatements in the Bill, entitled, 'An act for an additional Imposition on several Foreign Commodities, &c.' both as to the matter, measure, and time, concerning the Rates and Impositions on Merchandize, is a fundamental, inherent, and undoubted right of the house of peers, from which they cannot de

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Second Conference.] April 19. This second conference was desired by their lordships upon the subject-matter of the last Conference, concerning the Bill for Impositions on Merchandize, &c. wherein the commons communicated to the lords, as their Resolution, "That there is a fundamental right in that house alone, in Bills of Rates and Impositions on Merchandize, as to the matter, the measure, and time." And though their lordships had neither Reason nor Precedent offered by the commons to back that resolution, but were told That this was a right so fundamentally settled in the commons, that they could not give Reasons for it, for that would be a weakening of the commons right and privilege; yet the lords in parliament, upon full consideration thereof, and of that whole conference, are come to this Resolution, nem. con.: "That the power exercised by the house of peers, in making the Amendments and Abatements in the Bill, entitled, An Art for an additional Imposition on, several Foreign Commoditics, &c.' both as to the matter, measure, and time, concerning the Rates and 21

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Impositions on Merchandize, is a fundamental, inherent, and undoubted right of the house of peers, from which they cannot depart:"

Reasons of the Pecrs..

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kingdom; but they cannot give way that it should be raised by the undervaluing of the house of peers, and an endeavour to render that house unuseful to the king and kingdom, by denying unto it those just powers which the constitution of this government and the law of the land bath lodged in it, for the service and benefit of both. 9. You did at the conference tell us, 'That we did agree a Book of Rates, without so much as seeing it; and that never Book of Rates was read in the lords house; and that the said Book of Rates was signed by sir Harbottle Grimston, then Speaker of the house of commons, and not sent up, lest the lords' Speaker might sign it too.' The Book of Rates instanced in by the house of commons was made in a way different from all former books of rates, and by an assembly called without the king's writs, and which wanted so much the authority of parliament, that the act they made was no act till confirmed by this parliament: Though the work which

1. "The great happiness of the govt. of this kingdom is, that nothing can be done in order to the legislature, but what is considered by both houses before the king's sanction be given unto it; and the greatest security to all the subjects of this kingdom is, that the houses, by their constitution, do not only give assistance, but are mutual checks, to each other. 2. Consult the writs of summons to parliament; and you will find the lords are excluded from none of the great and arduous affairs of the kingdom and church of England, but are called to treat and give their counsel upon them all without exception. 3. We find no footsteps in record or history for this new claim of the house of commons; we would see that charter or contract produced, by which the lords divested themselves of this right, and appropriated it to the commons, with an exclusion of them-happily succeeded in their hands, for restoraselves: till then we cannot consent to shake tion of the ancient government of the kingdom, or remove foundations, in the laying whereof will ever be mentioned to their honour, yet it will not be denied that the lords and grands no measure for parliamentary proceedings is of the kingdom had the greatest hand. 4. If to be taken from this one instance, to the prethis right should be denied, the lords have not judice of the right of the crown in making a negative voice allowed them in bills of this Books of Rates, and of the lords in having nature; for if the lords, who have the power of their que consideration thereof when they shaй treating, advising, giving counsel, and applying be enacted in parliament: which was so far remedies, cannot amend, abate, or refuse a from being according to former usage, that bill in part, by what consequence of reason can the lords considering the necessity and conthey enjoy a liberty to reject the whole? dition of that time, and there being no comWhen the commons shall think fit to question plaint, passed that Bill upon three readings it, they may pretend the same grounds for it. in one day, without so much as a commitment, 5. In any case of judicature, which is un- little imagining the forwardness of their zeal doubtedly and indisputably the peculiar right to the king's service in such a time would have and privilege of the house of lords, if their created an argument in the future against their lordships send down a bill to the commons for power; and if the lords never did read books giving judgment in a legislative way, they allow of rates in their house, it is as true that the and acknowledge the same right in the com-house of commons do not pretend, nor did shew, mons to amend, change, and alter such bills, ever any was read there but this." as the lords have exercised in this Bill of Impositions sent up by the commons. 6. By "Though, where a Right is so clear, and this new maxim of the house of commons, a Reasons so irrefragable, it is not to be required hard and ignoble choice is left to the lords, of those who are possessed of the right, to give either to refuse the crown supplies when they Precedents to confirm it, but those who dispute are most necessary, or to consent to ways and the right ought to shew precedents or judg proportions of aid, which neither their own ments to the contrary (not passed sub silentio, judgment or interest, nor the good of the but) upon the point controverted; yet the government and people, can admit. 7. If lords have commanded us to offer and leave positive assertion can introduce a right, what with you these following Precedents :-" By security have the lords, that the house of com- Records both ancient and modern it doth mons shall not in other bills (pretended to be appear, 1. That the lords and commons for the general good of the commons, whereof have consulted together, and conferred one they will conceive themselves the fittest judges) with another, upon the subject of Supply to claim the same peculiar privileges in exclu- the king, and of the manner how the same sion of any deliberation or alteration of the may be levied; as 14 E. iii. N. 5. Apres lords, when they shall judge it necessary or grand trete & parleance entre les grandz et expedient. 8. And whereas you say, 'This is the les ditz chivaliers et autres des communes only poor thing which you can value your-esteans en dit parliament, est accordes et asselves upon to the king! their lordships have commanded us to tell you, that they rather desire to increase, than any ways to diminish, the value and esteem of the house of commons, not only with his majesty, but with the whole

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Next, the precedents were reported: thus,

seutus par tous les grandz & communes, &c.' That they grant to the king the ninth of corn and wool.-29 E. iii. N. 11. 51 E. iii. N. 18. certain lords there named, from time to time, to confer with the commons, for their better

help in consulting for the raising of Money; and this sometimes by the king's command, as, 22 E. iii. N. 3; sometimes by motion and appointment of the lords, as 5 E. iii. N. 8. and in the case of the great Contract for Tenures and Purveyances, 7 Jac. 14 Feb. 1609; sometimes by the desire of the commons; as, 47 E. iii. N. 6. and 4 R. ii. N. 10, 11, 12, 13, 14, 15, upon a great sum demauded for the king, the commons come to the lords, aud desire a moderation of the sum, and their consideration how it should be levied; and hereupon was granted, by lords and commons, 12d. of every man, &c. It is observable that N. 13, it is said, The lords sent for the commons several times before them, and propo‹d to them the manner of levying the money; and afterwards it was given.' And again 6 R. ii. N. 14. And in the case of the great Contract before mentioned, 7 Jac. 18 June, 1610, the commons, at a conference, desire to know what project their lordships will propound for levying that which shall be given, other than upon land. And afterwards, at another conference, by the commons, answer was made to the lords proposal; agreed, that the manner of levying it may be in the most easeful and contentful sort that by both houses can be devised. See the whole proceedings of this intended contract, which doth in several remarkable instances shew that the house of commons themselves did allow the house of peers their part in treating and debating on the subject of Money to be levied for his majesty.-2. That, in Aids and Subsidies, the lords have anciently been expressly joined with the commons in the gift; as in the first we can meet with in our statutes, that in the body of Magna Charta, cap. 37, The archbishops, bishops, abbots, priors, earls, barons, kuights, freeholders, and other our subjects, have given unto us the 15th part of all their moveables,' (which must include Merchandizes). This style the ancient grants of Subsidies and the modern ones too do retain (the troublesome time of the wars between the houses of York and Lancaster only excepted, and even then it was, The commons, by advice and assent of the lords, do give and grant)' till the beginning of king Charles 1st. By the words, We your majesty's loyal subjects in parliament assembled,' implicitly; or by the words, We the lords spiritual and temporal and commons in parliament assembled,' expressly; the lords are joined in the grant, as by perusal of the statutes will appear.-3. That, in Subsidies of this nature, viz. Customs, the lords have joined with the commons in the grant of them; and that at the very beginning of these Impositions, as when 40s. on every sack of wool (a home native commodity) was granted to E. 1st. in the 3d of his reign, to him and his heirs, the grant is, Magnates prelati, & tota communitas concesserunt.' See Parl. Roll. 3 E. i. M. 1. N. 1. And other ancient rolls do also shew that the lords joined with the commous in the gift of Monies; as, Close Roll, 3. E. i. M. 12. in Dorso 3. Grant

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of a 15th, and Pat. Roll. 3 E. i. M. 6.— 4. And more particularly in Impositions of this very species, tonnage and poundage, the lords were even at the first beginning joined with the commons in the grant, as the Parl. Roll in the 47 E. iii. N. 10. the first establishment of it by act doth declare, where it is expressly, The lords and commons do grant.' And this stile did continue in acts of this nature till the end of R. ii. After which, in those troublesome times, the stile was various till Hen. viii's time; and then the stile of acts of Tonnage and Poundage, was, We the commons, by advice and consent of the lords spiritual and temporal, do give and grant.” This form of gift in Tonnage and Poundage lasted E. vi. Mary, Eliz. and king James's time, as the statutes themselves do declare.-5. And to prove most undeniably that the lords have their share in the Gift of Aids and Supplies to the king, see the act of 9 H. iv. commonly called, 'The Indemnity of the lords and commons; which provides, That the lords shall commune apart by themselves, and the commons by themselves :' and at the latter end enacts expressly, That the king shall thank both the lords and commons for Subsidies given to him.'-6. That the lords may make Amendments and Alterations in Bills which grant Tonnage and Poundage (the very question now between us), appears in an eminent Book, case 38 H. vi. fol. 17. (which was a consultation of all the Judges of England, and the master of the rolls and clerk of the parliament, called to inform them of the manner of proceedings of bills in parliament), where it is said,That if the commons grant Tonnage and Poundage to endure for 4 years, and the lords grant it but for two years, it 'shall not be carried back to the commons, 'because it may stand with their grant, but

must be so enrolled.' And that the lords have made Amendments and Alterations in bills granting Tonnage and Poundage, appears by the stat. of 1 E. vi. and 1 Eliz. even in the very point now in dispute, such Amendments as do lessen the sum to the king, as the 1st of Hen. viii. &c."-The Proviso itself was read at the Conference.

"We have seriously consulted our judgments and Reasons, to find objections, if it were possible, against this power of the lords; and are so far from finding any, that we are fixed in opinion that the want of it would be destructive to the government and peace of the kingdom, and the right of the crown, in the balancing and regulating of trade, and the making and preserving leagues and treaties with foreign princes and states; and the exercise of it cannot but be for the security of all, and for the ease, benefit, and satisfaction of the subject. Their lordships are very far from desiring to obstruct this gift, no not for a moment of time, much less for ever, as was hinted to them at the last conference: and therefore they desire the house of commons to lay it to heart, and consider, if it should so happen (which they heartily wish it may not) that

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