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A Petition in complaint of the Post-Masters Patent of London, which is referred to a Committee.
Mr. Speaker delivered from Mr. Attorney, a Warrant in writing, of his proceedings in Cosens business.
Mr. Iohn Elliot reported from the Committee for examination of the Merchants business, that the Committee finding Sheriff Acton in prevarications, and contradictions in his examinations, which is con∣ceived
to be a contempt of this House, desires he may be sent for to answer his contempt.
Mr. Godwin saith, the Sheriff acknowledgeth his error, and humbly desireth so much favour, that he may once again be called before the Committee, and if then he give not full contentment by his answer, he will refer himself to the wisdome and justice of the House.
Mr. Walter secondeth this Motion, so did Alderman Molson, Se∣cretarie Cook, Chancellor of the Dutchie, &c. but his abuse being declared to be so great and so gross, and that he had so many times given him to recollect himself, and that he being so great an Officer of so great a Citie, had had all the favour that he might be, and yet re∣jected the same, and carried himself in a very scornfull manner; wherefore it is Ordered, that he shall be sent for to the House as a Delinquent to Morrow morning.
Iones the Printer and his Councel are called in to argue the busi∣ness of Mr. Mountagues Episcopal Confirmation.
First Quere, Whether the exceptions be legal.
Secondly, whether the Confirmation be good? The last is the point now in hand, to which the House enjoyned the Councel to speak.
The Councel proposed a Third Quere; What will be the fruit or effect of it, if in Law the Confirmation prove void? In this the Coun∣cel said, it will not extend to make him a Bishop upon the point of Election, but upon the point of Confirmation onely, which maketh him punishable if he execute any thing concerning the Bishoprick.
Sir Hen. Martin saith, The exception making void the Confirmati∣on, doth in Law work also upon the Election.
Doctor Steward saith, The point of setting to of the Advocates hand, is but matter of Form in the Court, no matter of Law.
Sir Henry Martin saith, he will endeavour himself to give the House as full satisfaction, and he will speak without relation to the Kings Right and Laws of the Realm.
The Proclamation by the Common Law should not be at Bow Church, but at the Cathedral Church of the Diocess where the Bi∣shop is to be elected, and the Dean and Charter of that Diocess is to except, and not every one that will. The Argument is endless, and to alter a course so long settled, I conceive it is plain, the King and the Law have power to deprive him of his Bishopprick if he deserves the same; I think therefore it were good to decline this dispute for the present, and to proceed to remove him which we are allowed.