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known hys name, to bee committed to prison till he
found suerties for hys good abearing, and to certyfy to
the howse of Commons all such as excused themselves
by priviledge of Parlyament, etc.
4. This I conceive the first command the howse of
Commons ever extended to all hys Maties Justices of
Peace through England (for what was done heere was
likewise in other places); and it seemed to me very preposterous
that they who were agents for others Petitioners,
and Assentors in making lawes in others' stead,
should generally command so considerable a part of
those had sent them thither by paper Orders. I remembred
to have read of a certayn Byshop, who, in hys
journy to Trent, being robd, desired ye Councell there
met to make some declaration against such as should
enterprise ye like in future, wch the Legats dextrously
diverted, considering how dangerous the consequence
might bee to ye Pope, for them there to make Edicts
"per propria esaltatione."1 Besides,
I did not know any
law (wch they then profest to mainteyn) inabled a Justice
of Peace to cast in prison or bind to the good beehaviour
any person, Popish recusant or other, meerely
for refusing to tell hys name. But former fears of
that partie's prevayling, and of some more then ordinary
favor carryed unto them, made every Justice willing
to adde their help to ye discovery of them—though I
know some saw an ille sequele might ensue their doing
it on such a warrant.
5. And these were ye leading presidents to that of
ye 28 of August, 1641, inabling and requiring Mayors, Jurats, Justices of Peace, etc., to disarme all Popish
Recusants
1 Hist. Concil. Trident, lib. 2,
p. 133, edit. London, 1619.—T.
" Catalano Triultio, Vescovo di
Piacenza, arrivato 2 giorni
prima, narro publicamente, che passando poco lontano dalla Mirandola era stato
svaliggiato,
et dimando, one in Concilio si facesse un' ordinatione contra
quelli
che impedivano o molestavano i Prelati, & altre persone che
andassero al Concilio," etc. etc.—ED,
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