VPon the said twentieth day of Ianuary being the first day of the Parliament nothing was done, but onely the set­ling of the Committees.

Upon Wednesday the 21. of Ianua­ry, It was ordered that M. Selden and others should see if the Petition of Right, and his Majesties Answer thereto were enrolled in the Parliament Rolles, and the Courts of Westminster, as his Majestie sent them word the last Session they should be, and also in what manner they were entred, which was done accordingly.

M. Selden reported to the House that his Majesties Speech made the last day of the Parliament, in the upper House, is also entred by his Majesties command.

M. Pymme moved that the debate thereof should be deferred untill Tuesday next, by reason of the fewnesse of the House, and the liberty of the Kingdome.

Sir Iohn Elliot, It is true it deserves to be deferred un­till there be a fuller House; But it is good to prepare [Page 2]things; I find it is a great point; I desire a select Commit­tee may consider thereof, and also how other liberties of the Kingdome be invaded: I finde in the Countrey the Petition printed indeed, but with an Answer that never gave satisfaction; I desire a Committee may consider thereof, and present it to the House by what warrant it was printed; which was ordered.

M. Selden, In this Petition of Right it is knowne, how lately it hath beene violated, since our last meeting, the liberties for Lease-person and Free-hold, how have they beene invaded? have not some beene Committees? and contrary to that: Now we knowing this Invasion, must take notice of it; We know of an order made in the Ex­chequer, That a Sheriffe was commanded not to execute a Replevin; and mens goods are taken away and must not be restored; And also no man ought to loose life or limbe, but by the Law: And hath not one lately lost his Eares (meaning Savage) that was censured in the Starre-chamber, by an Arbitrable Judgement and sentence? Next they will take away our Armes, and so our Lives; Let all see we are sensible of these customes which creepe on us; Let us make a just presentation hereof to his Ma­jestie.

Norton the Kings Printer was called to the Barre, and asked by what warrant the Additions to the Petition were printed; He said, there was a Warrant (as hee thought) from the King himselfe; And being asked whe­ther there were not some Coppies printed without Ad­ditions, He said there were some, but they were suppres­sed by some Warrants.

Sir Iohn Elliott desired a clearer satisfaction might be made; and that he might answer directly by what War­rant: whereupon he was called in againe, and said he did not remember the particular, but sure there was a Warrant.

Thursday the 22. of Ianuary.

One M. Rolles a Merchant and a member of the House informed the House, that his goods were seized by the Customers, for refusing to pay the custome by them de­manded, although he told them what was adjudged to be done by Law, he would pay: Whereupon Sir Robert Phillippes spake as followeth,

Sir Robert Phillippes: By this information you see the unfortunatenesse of these times; and how full time it was for this Assembly to meet, to secure his Majestie, and to preserve our selves: And I am confident we came hither with fulnesse of both, and all shall conduce to a happie conclusion, and to the Kings honour, and to our owne; Great and weighty things wound deepe: Cast your eyes which way you please, you shall see violations on all sides. Looke on the liberty of the Subject: Looke on the priviledge of this House: Let any say, if he ever saw or read the like violations by inferiour Ministers that over-doe their commaunds. They know the party was a Parliament man; Nay, they said, if all the Parliament was in you, this we would doe and justifie. If we suffer the liberty of this House to wither, out of feare or com­plaint; we give a wound to the happinesse of this King­dome: Here the course of Justice was intercepted. An Order in the Exchequer was made for a stay of the goods, since there is seizure upon the approach of Par­liament of goods amounting to 5000l. for a pretended duty of 200 l. In the first of King Iames, by reason of the sickenesse that then was, the Parliament was prorogued, and then was some boldnesse to take this Tonnage and Poundage; and then we questioned the men that de­maunded Tonnage and Poundage, for there was no right to demaund it: Let us proceed with affection of duty to make up breaches; Let a Committee proceed of these [Page 4]proceeding: Here M. Littleton made a Speech to second him.

M. Littleton, We have had good admonitions, and we have followed them; We have Moderation preached unto us in Parliament, and we have followed it; I would others did the like out of Parliament: Let the parties be sent for, that violated the Liberties of Parliament to have their Doome. This Speech was occasioned by Secreta­rie Cooke, who in his Speech desired that Moderation should be used.

Sir Iohn Elliott, I see by this Relation what cause we have to be tender of the Libertie of the Subject, and this House; and yet withall to retein the Moderation, as to give satisfaction to the world, that our heart is fixed to serve his Majestie, and to free us from offer of jealousie; Three things are involved in this complaint:

• 1. The Right of a particular Gentleman.
• 2. The Right of the Subject.
• 3. The Right and Priviledge of this House.

Let the Committee consider of the two former; but for the violation of this House, let us not be lesser then our forefathers: Was ever the information of a member committed to a Committee? Let us send for the parties: Is there here a bare denyall of the Restitution of the goods? Was it not also said, that if all the Parliament were comeined in him, they would doe as they did? Let them be sent for.

It was ordered that the Officers of the Custome-House should be sent for.

M. Selden reported from the Committee concerning the printing of the Petition of Right, That there were 5000 Coppies printed without any Additions at all, which were published in the time of the last Parliament; but since the Parliament other Coppies have beene prin­ted with the Additions, and these suppressed and made waste papers, which the Printer did as he said by com­maund [Page 5]from M. Atturney, which he received from his Majestie: And the Printer further said, that M. Attorney was with the Lord Privie Seale at Whitehall, and there delivered to the Printer divers papers with divers hands to them; and on the back side was endorsed these words, We will and command you, that these Coppies be prin­ted.

Friday the 23. of Ianuary.

His Majestie sent the House a message to this effect, That he willed them to cease from further debate of Ton­nage and Poundage till the next day in the afternoone, and that he would speake with them in the Banquetting House at White Hall.

Saterday the 24. of Ianuary.
The Kings Speech.

The care I have to remove all obstacles that may hin­der the correspondencie betwixt me and this Parliament, is the cause that I have called you hither at this time; the particular occasion being a complaint made in the Lower House. And as for you my Lords, I am glad to take this and all other occasions, whereby you may clearely under­stand both my words and actions; For as you are nearer in degree, so you are the fittest witnesses for Kings. The complaint I speake of is for staying mens goods, that de­nied Tonnage and Poundage, this may have an easie and short conclusion, (if my words and actions be rightly understood); for by passing of the Bill as my Ancestors have had it, my past Actions will be included, and my fu­ture authorized; which certaintie would not have beene struck at, if men had not imagined that I have taken these [Page 6]duties as appertaining to my Hereditary Prerogative, in which they are much deceived; For it ever was, and still is my meaning by the guift of my people to enjoy it: And my intention of my Speech at the ending of the Session concerning this point, was not to challenge Tonnage and Poundage as of right, but De bene esse, shewing you the necessitie, not the right, by which I was to take it, untill you had granted it unto me; assuring my selfe according to your generall professions, that you wanted time, not will to give it me: Wherefore now having opportunitie, I expect that without losse of time, ye make good your professions; and by passing of the Bill, to give an end to all the Questions arising from this subject, especially since I have cleared the onely scruple that can trouble you in the businesse.

To conclude, let us not be jealous of one anothers acti­ons; for if I had beene easily moved at every occasion, the Order made on Wednesday last might have made me startle, there being some shew to suspect that you had gi­ven your selves the liberty to be inquirers after Com­plaints, (the words of your Order being some what largely penned;) but looking into your actions, I finde you are onely complainers, not seeking complaints, for I am cer­taine you neither pretend nor desire the liberty to be In­quisitors of mens Actions, before particular complaints be made.

This I have spoken, to shew you how slow I am to be­leeve harshly of your proceedings; likewise I assure you, that the Houses resolutions, not particular mens Speeches shall make me judge well or ill, not doubting but accor­ding to my example you will be deafe to ill reports con­cerning me, till my words and actions speake for them­selves: That this Session beginning with confidence one towards another, may end with a perfect good under­standing betweene us, which God grant.

Monday the 26. of Ianuary.

M. Walter did informe the House that there were di­vers Shippes laden with Corne for Spaine; Hereupon a Committee was appointed to enquire about the Trading into Spaine, and other enemies; and transporting Corne, and other Munition thither.

It is also ordered, that some of the Privie Councell should presently move the King about the stay of the Shippes.

Then after M. Secretarie Cooke moved that the Bill of Tonnage and Poundage might be read, and after some debate it was diverted, and they fell upon point of Re­ligion.

Master Speaker,

We have of late entred into the consideration of the Petition of Right, and the violation of it; and upon good reasons, for it concernes Goods, Liberties and Lawes, but there is Right of a higher nature, that preserves for us farre greater things; eternall life, our selves, yea our God himselfe: Right of Religion, derived to us from King of Kings, conferred upon us by the King of this Kingdome, enacted by Lawes in this place, streaming downe upon us in the bloud of Martyrs, that witnesses from Heaven by miracles, even miraculous Deliverances: And this Right in the name of this Nation, I this day claime and desire, that there may be a deepe and serious consideration of the violations of it; I desire first, that it may be conside­red, what new paintings are laid upon the old face of the Whore of Babylon, to make her more lovely, and to draw so many Suitors unto her; I desire that it may be conside­red how the See of Rome doth eate into our Religion, [Page 8]and fret into the Walles and Bankes of the Lawes and Statutes of this Realme, especially since those Lawes have beene made in a manner by themselves, and by their owne treasons and bloudy designes. And since their Po­pery is a confused masse of errours, casting downe Kings before Popes; the precepts of God, before the traditions of men; living and reasonable men before dead and sencelesse stockes and stones: I desire that we consider the increase of Arminianisme, an errour that makes the grace of God lacquey it after the will of man, that makes the sheep to keepe the Shepheard, and makes a Mortall seed an Immortall God; I desire we may looke into the very belly and bowels of this Trojane Horse, to see if there be not men in it, ready to open the gate of Romish Tyranny and Spanish Monarchy; for an Arminian is the spawne of a Papist: and if there come the warmth of fa­vour upon him, you shall see him turne to one of those Frogges that rise out of the bottomlesse pit. And if you marke it well, you shall see an Arminian reaching out his hand to a Papist; a Papist to a Jesuite; a Jesuite gives one hand to the Pope, and another to the King of Spaine; and these men having kindled a flame in our neighbour Countrey, have brought over some of it hither, to set on flame this Kingdome also: Yea, let us further search and consider whether these be not the men that breake upon the Goods and Liberties of this Common-wealth; for by this meanes they make way for the taking away of our Religion. It was an old tricke of the Devill, when he meant to take away Iobs Religion; he began at his goods. Lay thine hand on all, and he will curse thee to thy face; either they think thereby to set a distaste between Prince and people, or to finde some other way of supply to avoid or breake Parliaments, that so they may breake in upon our Religion, and bring in their owne errors: But let us doe as Iob did, he held fast his Religion, and then his goods came againe with advantage; and if we hold fast [Page 9]God and his Religion, these things shall be added unto us: Let us consider the times past, how they flourished in honour and abundance, when Religion flourished a­mongst us; but as Religion decayed, so the honour and strength of this Kingdome decayed. When the soule of a Common-wealth is dead, the body cannot long over-live it. If a man meet a Dogge alone, the Dogge is fearefull, though never so fierce by nature; but if the Dogge have his Master by him, he will set upon that man from whom he fled before: This shewes the lower natures being backt by higher encrease in courage and strength; and certainly man being backt with omnipotence, is a kinde of omnipotent thing. All things are possible to him that beleeveth, and where all things are possible, there is a kinde of omnipotence; wherefore let us now with an unanimous consent of us all, resolve to make a vow and covenant henceforth to hold fast our God and our Reli­gion, and we shall from henceforth certainly expect pro­sperity unto this Kingdome and Nation, and to this cove­nant let every one say, Amen.

If Religion be not a rule to all our actions, what policie can we have? if God fights not our battels, the helpe of man is in vaine; In our defects the cause thereof is our defect in Religion, and the sinne thereof is Idolatrie and Popery: Papists encrease more now then ever, neither doe they want their Priests and Masses. Nay, his Maje­sties name is used to stop proceedings against Papists, and that since the Parliament, contrary to his Majesties good­nesse and publique profession; and contrary to his many Proclamations and many Instructions to the Judges; and whatsoever is done in the Country, is undone above.

Master Speaker,

This businesse that we have in hand concerning our Religion, is of dangerous consequence, if it bee not throughly looked into; I thinke that no man that sits here but is sensible in what danger now it stands, if this Ho­nourable House doe not finde some speedy remedy for it.

It was apparant to every man, that new opinions are brought in by some of our Churchmen to disturbe our peace, and the meaning of these Churchmen can be no other, then to bring in the Romish Religion amongst us; for it hath ever beene Jesuiticall policie, first to worke a disturbance, then afterward a change; we must seeke the cause: I shall briefely speake my opinion, that is, that this proceedeth from the ambition of the Clergie, that are neare his Majestie; for it is well knowne, that at first the Church of Rome, and that we professe were all one; and that the ambition of the Clergie begot and brought in all these differences that are now betwixt us: The highest dignitie they can here attaine unto, is but an Archbishop­ricke; but a Cardinals Cap is not here to be had: I be­leeve some of them affect that too well, and in some we see the effects, how they change their opinions for ad­vancement; and then they will turne white into blacke, and blacke into white.

This being so, our endeavour must be to take away the roote, and then the branches will decay themselves; It is not the calling of the Appeale to Caesar will doe it; for if they can get Bishopricks for writing such books, we shall have many men that will write bookes in that kinde: It behoves us all, every man according to his ability, to im­ploy himselfe for the search of these things; and that we may finde out the matter and the men, that we may pre­sent them and the danger that this Kingdome stands in [Page 11]by them to his Majestie: And for mine owne part, as God shall enable me, I will doe my best herein.

We have a Religion that is worth the loving with all our hearts; it was setled by the bloud of Martyrs, and kept by Miracles. To have our noses wiped of this, would grieve my heart, to see more, to behold our Religion goe away, and designes daily made on it; and Arminianisme still to encrease as it doth, I admire: I perswade my selfe the greater part of the Clergy, Nobility, and Gentry are firme; but it is the desires of some few that labour to bring in a new faction of their owne, and so they drop into the eares of his Majestie, That those that oppose them oppose his Majestie, and so they put him upon de­signes, that stand not with publique liberty: That he commands what he lists, with Lives, Goods, and Religi­on; and doth as he pleaseth: And so they involve all true hearted Englishmen and Christians, under the name of Religious Puritans, and so involve his Majesties quarrels to be theirs, which is Treason of the highest qualitie.

Tuesday the 27. of Ianuary.

A Petition was exhibited against one Lewis, that said that about the 25. of December, The Devill take the Par­liament, which was avowed by two witnesses; and though it was spoken our of Parliament, yet it was resol­ved to be an offence to the Parliament, and it was ordered that he should be sent for.

Sir Nathaniel Rich tendred a Petition concerning the Fast, which was agreed to be preferred to the King as followeth. It was ordered that conference should be do­sired with the Lords about this Petition, who desired to joyne with the Commons.

The King sent a message by Secretary Cooke to this effect; viz. His Majestie understanding that the Remon­strance was called, for to take away all quesition, com­manded me to deliver it to you; but hoping you proceed with the Bill of Tonnage and Poundage, and give pre­cedencie to that businesse, and to give an end to further dispute betweene some of his Subjects, or else he shall thinke his Speech, which was with good applause accep­ted, had not that good effect that he expected: But be­fore the message, a report was made by M. Pymme from the Committee of Religion, where a motion was made about the Remonstrance last Session, concerning that part which concerneth Religion; and the Clerke answe­red, that by command from the King he delivered it to the Lord Privie Seale, and so the Committee proceeded no farther.

Sir Walter Earle replyed to the message: the last part of the message calls me up for point of Precedencie; Reli­gion challengeth Precedencie and Right of our best en­deavours; Vbi dolor, ibi digitus. I know Justice and Liber­ty is Gods cause, but what good will Justice and Liberty doe, if Popery and Arminianisme joyne hand in hand to­gether, to bring in Spanish Tyranny, under which those Lawes and Liberties must cease? what hath beene done for Religion since the last Session, we know; what De­clarations have beene made, what Persons advanced, what Truths confirmed, by all authority of Church, Coun­cels, and Kings: for my part, I will foregoe my life, estate and liberty, rather then my Religion; and I dare boldly affirme, That never was more corruption then is at this time. Humana Consilia castigantur, ubi caelestibus se praefe­runt; Let us hold our selves to this methode, and that God that carried us out of so many difficulties the last Ses­sion, will not be wanting to us now.

Let us not doe Gods worke negligently: We receive his Majesties messages with all duty; for our proceedings, let us so proceed, as it may soone conduct us to his Maje­sties desire: Religion concernes the King aswell as us: The unitie of this House is sweet, especially in Gods cause. Let us cry, and cry againe for this; Let us be resol­ved into a Committee, and presently to debate hereof.

There are two diseases; the one old, the other new; the old, Popery; the new, Arminianisme. There are three things to be enquired after concerning Popery:

First, 1 of the cessation of the execution of Lawes against Popery.

Secondly, 2 how the Papists have beene imployed and countenanced.

Thirdly, 3 the Law bringing of superstitious Ceremo­nies amongst us.

For Arminians, be advised;

First, 1 that a way be opened for the truth.

Secondly, 2 that by the Articles set forth 1502 and by the Catechisme in King Edward the sixths dayes; and by the writing of Peter Martyr, and Martin Bucer, Wickliffe, and others; and by the constant profession, sealed with the bloud of so many Martyrs, Cranmer, Ridley, and o­thers; and by the 36. Article, set forth in Queene Eliza­beths time; and by the Articles set forth at Lambeeth, as the Doctrine of the Church of England, which King Iames sent to Dorte, and to Ireland, as the truth professed here: and by his Majesties Declaration and Proclamati­on, to maintaine unitie in the settled Religion, as appea­red by his Proclamation; and other courses tending that [Page 14]way, which were perversted and abused to the ruine and subversion of Religion, which bred a feare of Innovation; as also by the preferment which such have received since the last Parliament, who have heretofore taught contrary to the truth.

Then to consider againe for what act these men have beene countenanced and advanced, what pardons they have had for false Doctrines; what Preachings hath been lately before his Majestie; what prohibiting of bookes, as have beene written against their doctrine; and permit­ting such bookes as have beene for them.

It belongs to the duty of the Parliament to establish true Religion, and to punish false: And howsoever it is alleadged, that the Parliament are not Judges in matters of Faith; yet ought they to know the established and fundamentall Truths, and the contraries unto them: For Parliaments have confirmed generall Councels, which have not beene received untill they have beene so autho­rized, and Parliaments have enacted Lawes for tryall of Heretiques by Jury.

The Parliament punished the Earle of Essex for coun­tenancing of Heretiques; and there is no Court can meet with this mischiefe but Courts of Parliament.

The Convocation cannot, because it is but a Provinci­all Synod, onely of the Jurisdiction of Canterbury; and the power thereof is not adequate to the whole Kingdome: and the Convocation at Yorke may perhaps not agree with that of Cunterbury. The High Commission cannot, for it hath its authority from Parliaments, and the deciva­ti [...]e cannot prejudice the originall: The judgement of Parliament, being the judgement of the King, and of the three Estates of the whole Kingdome.

Wednesday the 28, of Ianuary.

Master Secretary Cooke delivered another Message [...] [Page 15]his Majestie: viz. His Majestie upon an occasion of dis­pute in this House about Tonnage and Poundage, was pleased to make a gracious Declaration, wherein he com­mended to the speedy finishing thereof, and to give a precedencie thereunto. And since his Majestie under­stands the preferring the cause of Religion; His Majestie expects rather thankes then a Remonstrance, yet he doth not interrupt you, so that you doe not trench of that, that belongs not to you. But his Majestie still commands me to tell you, that he expects precedencie in Tonnage and Poundage; assuring himselfe he hath given no occasion to put it backe, and so you will not put it off.

I cannot but with much sorrow see that we are still pressed to this pount; I hoped that those neare the Chaire would have informed his Majestie of our good intenti­ons: But we see how unhappy we are still, some about his Majestie makes him diffident of us.

I am sorry this House hath given occasion of so many Messages about Tonnage and Poundage; after his Majestie hath given us so much satisfaction. You may perceive his Majestie is sensible of the neglect of his businesse: We that know this, should not discharge our duties to you, if we should not perswade you to that course which should procure his Majesties good opinion of you. Your selves are witnesses how industrious his Majestie was to pro­cure your gracious Lawes in his Fathers time; and since that, what inlargement hath he made of our Liberties, and still we give him cause to repent him of the good he hath done: consider how dangerous it is to alien his Majesties heart from Parliaments.

When men speake here of neglect of duty to his Ma­jestie; let them know, we know no such thing, nor what they meane; and I see not how we doe neglect the same: I see it is all our hearts to expedite the Bill of Tonnage and Poundage in due time; our businesse is still put backe by their Messages, and the businesse in hand is of God and his Majestie.

Things are certainly amisse, and every one sees it; and woe be to us, if we present them not unto his Majesty.

I have alwayes observed in the proceedings of this House, our best advantage is in Order; And I was very glad when this noble Gentleman (my Country-man) gave occasion to stay our proceedings; for I feare it would have carried us into a sea of confusion and disorder: And having now occasion to present my thoughts unto you, in this great and weighty businesse of Religion; I shall be bold to give a short expression of my owne affection; and in that order, that I hope will conduce best to the effecting of your worke, and direct our labours to an end. To en­ter into a particular disquisition of the writings of Di­vines, I feare it will involve us in a Labyrinth, that we shall hardly get out, and perchance hinder that way, and darken that path in which we must tread; before wee know what other men declared: It is necessary we pre­sently lay downe what is the truth; and (as I presume) we come not hither now to dispute of Religion: farre be it from the thought of the Church, that hath thus long confessed it, now to dispute it: Shall posteritie thinke that we have enjoyed our Religion fourescore yeares almost, and are now doubtfull of the sence? (God forbid.) It may [Page 17]be Sir, and out of some thing lately delivered, I have not unnecessarily collected, that there is a jealousie conceived; as if we meant to deale in matter of Faith, it is our profes­sion; this is not to be disputed, neither will that truth be receded from this long time held, nor is that Truth de­cayed; it is confirmed by Parliament because it was Truth: And as this Sir, before I shall come to deliver my selfe more particularly, give me leave, that have not yet spo­ken in this great cause, to give some apprehension to have a feare; For it is in the Parliament to make a new Reli­gion, (I hope) shall it be in any to alter the body of the Truth, waich we now professe: I must confesse Sir, a­mongst all these feares we have contracted, there ariseth to me not one of the least dangers in the Declaration, which is made and published in his Majesties name. And yet Sir, this conclusion exclusively (let me say that I may not be mistaken) what ever in that or other things shall appeare to carry mention of his Majestie; we have not the least suspition or jealousie of him: We have that comfort in his Pietie and Goodnesse, as if there be any misprision or errour, I hope it is by those Ministers about him; which not onely he, but all Princes are subject unto.

And to cleare that, that Princes are subject to misin­formation, and many actions may be entituled to their names, when there is no suspition of it to bee done by themselves; we leave to looke backe to Presidents and other times, and what I finde in our Stories, may be use­full in this.

Antiochus King of Asia sent his Letters and Missives to his Provinces, &c. That if they received any dispatches in his name, not agreeable to Justice, Ignoto s [...] litera [...] esse scriptas, ideoque eis, parent: I finde by Plutarch. of great King Antiochus of Asia, who faith, that Princes are ob­noxious to abuses of Ministers, and yet could not at all times be prevented; and therefore he sent Messengers [Page 18]and Letters to all his Provinces, that if there were any Letters or Dispatches sent under his name that came to them, that were not warrantable by Law, and agreeable to Justice, it could not be conceived to be done by him; and therefore they should not give way to it.

Sir, I finde in another Booke, (and beseech you let it be apprehended) Gratian did not onely note and confesse the same, but added the reason also; which the Masters of the Civill Law can testifie from their Bookes, where­in is thus expressed, Quòd verecunda poenitentium inchoa­tione Principes saepe restringantur, ut non concedenda conce­dant; Because that oftentimes with importunitie of Mi­nisters and those about them, Princes are drawne to grant things by them not fit to be granted: as it was in that, so it may be in this: I speake it to this end, to draw this con­clusion, That if there be any thing that bars the Title of his Majestie, it may be his Ministers: (farre be it from me to have any suspition of him.)

And now to that particular in the Declaration, where­in I confesse, with me an apprehension of more feare then we have in all the rest; for in all the particulars we heard what is said of Popery and Arminianisme, it is that our Faith and Religion is in great danger, but it is by degrees: Here Sir, like an Inundation it doth breake in at once, that we are in danger to be ruined and overwhelmed: For I beseech you marke the ground of our Religion, it is conteined in the body of these Articles. If there be any difference in opinion concerning the sence and interpre­tation, the Bishop and the Clergie in the Convocation have power admitted to them to doe any thing that shall concerne the continuance and maintenance of the truth, being conteined in these Articles, being different in the sence; so as if there be any dispute about it, it is in them to order which way they please: And for ought I know, Popery and Arminianisme may be a sence introduced by them, and then it must be received. Is it a slight thing [Page 19]that the power of Religion should be left to the power of these men? I honour their Professions, and honour their calling in Reverend Bishops, but I honour not these men: give leave unto me to say the truth; that we professe is not mens, but Gods; and God forbid man should be made to judge of the Truth: Looke upon the conclusion they have made, and from thence draw their arguments; I re­member a character I have seene, in a Diary of Edward the sixt, that young Prince of famous memory, wherein he doth expresse the conditions of the Bishops and Cler­gie of his time under his owne hand-writing: That some for sloath, some for age, some for ignorance, some for luxury, and some for Popery; they were unfit for discipline and government.

I hope it is not so with us: Nay, give me leave to vin­dicate the honour of those men that openly shew their heart to the truth. There are amongst our Bishops such as are fit to bee made examples for all ages, who shine in vertue, like those two faithfull witnesses in Heaven, of whom we may say that Elegie which Seneca did of Caius, that to their memories and merits No hoc quidem obstet, quod nostris temporibus nati sunt, To whose memory and merit I may use the saying, that others faults are not prejudiciall to their vertues, are so industrious in their workes, that I hope posteritie shall know that they are men that are firme for the Truth.

But Sir, that all are not such, so free, sound, and or­thodoxe in Religion as they should; witnesse the men complained of, and you know what power they have: Witnesse the man nominated lately in Master Monta­gues: I reverence the Order, I honour not the man; others may bee named as bad: I apprehend such feare that should be in their power, we may be in danger to have our whole Religion overthrowne.

But I give this for testimonie, and thus farre expresse my Religion against all the power and opposition of these [Page 20]men; or whensoever any opposition of these men shall come, we shall maintaine the Religion we professe, for that we have beene borne and bred: nay Sir, if cause be, in that I hope to die.

Some of these Sir you know are Masters of Ceremo­nies, and they labour to introduce new Ceremonies into the Church; some Ceremonies are usefull: give me leave to joyne with you in one that I hold necessary and com­mendable, That at the repetition of the Creed we should stand up, to testifie the resolutions of our hearts, that we should defend the Religion we professe: And as in some Churches it is added, they did not onely stand upright with their swords drawne, but said, if cause were, (they did hope) to defend their Prince, Countrey, and Religi­on, and would draw their swords against all that op­posed.

This I speake out of that care I have to preserve the honour of our King, who I feare by these Innovations of Religion may have sought to undermine it: But to come to the manner and methode of our proceedings, having made the expression; wherein, if I have transgressed the rule propounded, I receive your pardon: I desire to avoid confusion and distraction, that we may goe presently to the ground of our Religion, and lay that downe a rule on which all others rest: Then when that is done, it will be time to take into consideration the breakers and often­dors against this rule in the next place; But before we have laid downe that, our worke will be in vaine: there­fore first to lay downe the proposition wherein we differ from the Arminians, and in that I shall be ready to deli­ver my opinion; and this is my humble motion.

It was ordered that a Committee should be appointed to pen an answer to his Majesties messages, and to shew him that it is their resolutions to give him all expedition in his service, and that they hold it not onely fit to give him thankes, but rather to shew what perills we are in; [Page 21]and that Tonnage and Poundage is their owne gift, and it is to arise from themselves; and that they entend not to enter into any thing that belongs not to them.

Thursday the 29. of Ianuary.

The former part of the day was spent in debating of the transportation of Corne and Victuals into Spaine; and it was ordered, that a message should be sent to his Ma­jestie: That it is now evident, that divers Ships are bound for Spaine, and to desire a stay of them, after the House sate at a Committee about Religion; After long debate, it was resolved by the Commons House of Par­liament concerning Religion, as followeth.

That We the Commons now in Parliament assembled, claime, professe, and avow for the Truth, the sence of the Articles of Religion, which were established in Parlia­ment, in the 13. yeare of our late Queen Elizabeth, which by the publique Acts of the Church of England, and by the generall and current Exposition of the Writers of our Church, have beene delivered to us, as we erect the sence of the Articles of Religion, which were established in Parliament in the thirteenth yeare of our late Queene Elizabeth, which by the publique Acts of the Church of England, and by the generall and current Exposition of the Writers of our Church have beene delivered to us, and we reject the sence of the Jesuites and Arminians, and all other wherein they differ from us. The House received an answer from his Majestie touching the Ships; which was, that he would consider of it, and send them word in due time.

Friday the 30. of Ianuary.

A Committee of the Lower House went to the King in the Privy Chamber with the Petition of the [...]ast, and [Page 22]the Archbishop of Yorke after hee had made a short Speech, presented it to his Majestie in the name of both Houses.

Tuesday the 3. of February. Anno 1628.

Secretary Cooke reported that himselfe and the rest of [...] Committee attended his Majesty upon Monday: And he said, for my part I have used all diligence to [...] all the [Page 27]commaunds of my Master, and of this House: And I find that some exceptions have beene taken at some words by me used, when I delivered the Bill of Tonnage and Poun­dage; indeed I used many Arguments in speaking of his Maiesty, I said it much concerned him, and that his Ma­jesty much desired it; but this was mistaken, as if his Ma­jesty had commanded it, and I required it in his name, which I did not intend; but to avoid dispute, I said not this was an ordinary Revenue, but that this Tonnage and Poundage was a meanes to enable his Majestie to set his Fleet to Sea.

After this Apologie, he read his Majesties Answer to the Petition of the Lower House.

Master Speaker,

I confesse this hath given great satisfaction for our pre­sent desires, and future hopes; and however I finde the mis-interpretation of some, and the danger of our Religi­on, yet I finde his Majesties eares open; and that if those things be thus as we see, that then he is not rightly coun­selled; I am confident we shall render his Majesty an ac­compt of what he expects: But Sir, I apprehend a diffe­rence betweene his Majesties expression, and the expres­sion of his Ministers; For Sir, that Bill was tendered here in his Majesties name, and now we finde that his Maje­sty disavowes it, that he did it not; what wrong is this done to his Majesty, and to this House, to presse things in his Majesties name, to the prejudice and distraction of us all, I thinke him not worthy to sit in this House.

This Honourable Person did explaine himselfe, that he did not presse it in his Majesties name, but onely com­mended it to your consideration.

I said, that in regard of the difference betweene his Majestie and his Subjects, my desire was to accommo­date it.

If you be too quicke to except against the Ministers of his Majesty that serves his houshold, it will discourage and stoppe our mouthes, whose Service you daily com­mend.

Wednesday the 4. of February. Anno 1628.

The two Bishops named are the maine and great Roots; Let us enquire what men they have preferred.

The Declaration now read came from his Majestie, but it is by advise of his Ministers; and sure they have not advised the right way: That no dispute of Preaching must be one way or other, this is to suppresse the truth; and yet the contrary professors of it are preferred in the Church, to the griefe of all good men.

Mountague is a principall disturber of the Church: He was a Batchelour of Divinity, I would know how hee came to be a Bishop; two men are named in the last Re­monstrance that are Privie Counsellours, and it is very [Page 29]probable, that these Ecclesiasticall Officers did give that advice to his Majestie.

I will let you know what I am privy unto; It is true, those two were named in the Remonstrance. This point was pressed before the King and his Councell; The King doth utterly dislike those Novellours, then were these Bi­shops with teares in their eyes present, and protested, they hated those opinions and the Questions; and they re­nounced them upon their knees.

It is said that these two Bishops were before the Coun­cell, and with teares did disclaime the opinions; but we see their facts: The Bishop of London, Doctor Land, did entertaine for his Chaplaine in his house, one that did dispute the Arminian points; who said, what Arminians hold and write, this I will maintaine and justifie upon my oath.

It was ordered that the complaint against Master Mountague should be taken into consideration, and that a Committee should make search after the pardon.

A Petition was preferred against Cozens.

Master Sherland made report from the Committee a­bout the search for the Pardons; that they found Pardons sealed, one to Bishop Mountague; one to Cozens, one to Doctor Mannering, and one to Doctor Sibthorpes.

If ever there came here businesse of like consequence, I have lost my memory; if ever King of England was [Page 30]abused in his mercy, it is our King; what persons are pardoned, the greatest enemies to the Church and State, that ever was standing under the judgement of Parlia­ment, they are pardoned betweene Parliaments: If eve­ry man be not warned to search this into the bottome, I would we might never regard any thing: Yee see an of­fendor complained of, and in stead of punishment, Grace; the goodnesse of our King is thus abused: Let a select Committee consider of it, and let Master Attorney certifie what is done, and by whom; and I hope we shall find those originall Instruments who have mis-led his Majestie.

It was ordered, that a sub-Committee should have power to send for the Records, and the Privy Seale, and other Instruments belonging to the Pardons, and to send for the parties; and also to send to Master Attorney about his knowledge, by whose signification the Pardons were obtained: which was done accordingly.

Sir Robert Phillippes made report, that we went to Ma­ster Attorney, and found him in the Starre-Chamber, and acquainted him with the Message; He answered, that he received a command from his Majestie in the last long Vacation, presently after the end of the last Session, to draw a Pardon; and delaying it till Michaelmas Terme, he said, that he met with the Bishop of Chichester, who inti­mated unto him his Majesties favour, and requested him to draw his Pardon. Master Attorney said, he desired him to advise whither it would be any advantage to him or no: after he met with a great Lord, and a Privy Coun­sellour, (the Earle of Dorset) who asked him if the Par­don for the Bishop of Chichester were drawne, and desi­red him to dispatch it. After this he said, the Lord Carlton sent to him a warrant under the Kings hand, to command him to draw the Pardon, which he did, and sent it to the Bishop of Winchester, who interlined it: And whereas the Pardon was but for one, he put in foure; Montague, Cozens, Sibthorpe, Mannering.

Thursday the 5. of February. Anno 1628.

Secretary Cooke brought the Kings Answer to the House, concerning the Fast; viz. That it was his Maje­sties pleasure that the Fast should be kept by both Houses of Parliament on the eighteenth day of this instant Febru­ary, and for the whole Kingdome the 20. of March.

Friday the 6. of February. Anno 1628.

One Witherington was petitioned against (who had for­merly beene examined before the Lords of the Councell) for depraving our Religion, oftentimes calling the Prote­stants Heretiques, wishing that an hundred of their throats were cut: And to one that was a Papist, and lately tur­ned to our Religion, he said he would be hanged, and o­therwise disgraced him. It was ordered that he should be sent for.

The House being informed about two dayes agoe, that a little before Cozens obtained his Pardon, he was accused to Master Attorney by two witnesses, for speaking words against the King, and sent to Master Attorney about it: Sir Robert Phillippes and others were appointed to examine this businesse: whereupon report was made to the House by Sir Robert Phillippes, as followeth.

My part is to give accompt about the affidavits against Cozens, and the diversion of the cause against him in the Starre-Chamber: Master Attorney said, that one Master Heath of Graies Inne came to him about Michaelmas Terme, and affirmed that Cozens in a publique meeting said, that the King had nothing to doe to be Head of the Church, and that he had no more power to excommuni­cate, [Page 32]then his servant that rubbed his horses heeles: the Attorney acquainted his Majestie with it, but his Maje­stie was not willing to beleeve that any man would dare say so much, but that the compliant did arise from malice; but hee charged the Attorney to make a carefull disquiliti­on of it; and if it were strongly proved, that then hee should repaire to his Majestie: Master Attorney did a­gaine enquire after this businesse, and said to Master Heath, the matter is found and very improbable, there is some mistake in it; hereupon there were two Affidavits taken, and they did sweare it point blancke: Yet Master Attor­ney sent his Letters to Master Deane, and others that were present when the words were spoken, to require them to certifie whether the words were spoken or no; upon that Certificate there was some variance about the words, and thereby the businesse was lessened; and being demanded if he had directions from any to desist, he said no: But ca­sually he met with the Bishop of Winchester, and hee told him of the complaint; The Bishop said, it will be nothing. For King (one of them that made the Affidavit) is but a baggage fellow.

It was our honour and duty not to passe these things over too sleightly; I finde the Kings Honour and his Right is in question, which we are all sworne to: If I mistake not, it is high Treason, and that proved upon oath, and presented to the Attorney. His Majestie was acquain­ted with it, who gave command to examine it, and the Attorney was to certifie his Majestie. In ordinary Felo­nies the Law doth not allow oathes contrary to the pro­ceedings for the King; here against two Affidavits, a Let­ter and a Certificate must dath them all. The Attorney informed the Bishop of Winchester with it, who said, that hee heard of such a complaint against Iacke Cozens, but it [Page 33]was upon malice: Let the persons that made these affi­davits be sent for, and let Master Attorney be sent for, to answer why he passed over the matter so sleightly: Con­sider the person of the man in question, not onely suspe­cted, but charged as Arminians, and one that is obno­xious.

It is ordered that the witnesses should bee sent for.

It was moved that Master Attorney should be sent for, but they made a question whether they could send for him or no, if he attended by Writ in the Lords House; There­upon it was ordered that intimation should be given him to be there on Monday next, to give in satisfaction to the House for his not proceeding against Cozens, having two Affidavits.

Saterday the 7. of February. Anno 1628.

Sir Dudley North informed the House that one Doctor Moore attending the Bishop of Winchester, upon an occa­sion the Bishop told him, that hee had often heard him preach before King Iames, and that hee used to preach a­gainst Popery, (which hee said was well liked of then) but now you must not doe so; whereupon the Doctor said, that if occasion did serve, he would not spare to doe the like now; to whom the Bishop further replyed, then the times were not the same, and therefore you must not.

Sir Robert Phillippes said, by this you may guesse; that this Bishop had a hand in setting up those Ceremonies in Durham, and that he beares good will towards them, la­bouring to make Durham and Winchester Synonymaes. This reflects upon his Majestie, as if his Majestie should not be pleased that men in their Preaching should refell and repell Popery.

In this Lord is hatcht and contracted all the danger, (we feare) for he hath procured those Pardons, which may be the author of those new opinions: And I doubt not, but that his Majestie being informed thereof, will leave him to the Justice of this House; and I hope those exhalations will not raise jealousies betwixt his Majestie and us: let the Doctor be sent for to justifie it; which was ordered accordingly.

Monday the 9. of February. Anno 1628.

A Petition in complaint of the Postmasters Patent of London, which is referred to a Committee.

Master Speaker delivered from Master Attorney a Narration in writing, of his proceedings in Cozens businesse.

Sir Iohn Elliott reported from the Committee, for ex­amination of the Merchants businesse; that the Commit­tee finding Sheriffe Acton in prevarications and contradi­ctions in his exammation, which being conceived to be a contempt to this House desires, he may be sent for to an­swer his contempt.

Master Goodwin saith, that the Sheriffe acknowledgeth his errour; and humbly desireth so much favour, that hee may once againe be called before the Committees, and if he give not full contentment by his answer, he will referre himselfe to the Wisedome and Justice of this House.

Sir Walter Earle secondeth this motion, so did Alder­man Moulson, Secretary Cooke, Chancellour of the Dutony, and some others; but this abuse being declared to be so great and grosse, and that hee had so many times gi­ven him to recollect himselfe; and being so great an of­ficer of so great a Citie, he had all the favour that might [Page 35]be, and yet rejected the same, and carried himselfe in a very scornfull manner: wherefore it is ordered hee shall be sent for to the House as a Delinquent to morrow mor­ning.

Iones the Printer and his Counsell are called to argue the businesse of Master Montagues Episcopall confirma­tion.

First, Quaere. Whether the Exceptions be legall.

Secondly, Whether the confirmation be good.

Thirdly, and the last, is the point now in hand: To which the House enjoyned the Councell to speake. The Councell propounded a third Question; what will be the fruit or effect, if in Law, the Confirmation prove voide: In this the Councell said, it will not extend to make no Bishop upon the point of Confirmation onely, which ma­keth him punishable, if he execute any thing concerning the Bishopricks.

Sir Henry Martin saith, the Exception making voide the Confirmation, doth in Law worke also upon the Ele­ction, and will make that voide also.

Doctor Steward saith, the point of setting to the Advo­cates hand, is but a matter of forme in the Court, no mat­ter of Law.

Sir Henry Martyn saith, he will endeavour to give the House full satisfaction, and will speake without relation to the Kings Right and Lawes of the Realme; the Pro­clamation by the Common Law, should not be at Bowe Church, but at the Cathedrall Church of the Diocesse, where the Bishop is to be elected, and the Deane and Chapter of that Diocesse are to accept, and not every one that will. The Arguments are endlesse; and to alter a course so long setled; I conceive it is plaine, the King and the Law have power to deprive him of his Bishopricke, if hee deserve the same; I thinke therefore it were good to decline this dispute for the present, and to proceed to remove him, which is allowed of.

Tuesday the 10. of February. Anno 1628.

A Bill for ordering the government and Plantation of the Summer Islands.

A Bill to restraine some abuses in Ministers and Ma­gistrates.

Master Rolles complaineth, that since his last complaint of the breach of the Liberties of this House, his Ware­house hath beene lockt up by one Massey a Pursevant; and that yesterday he was called forth from the Committee in the Exchequer Chamber, but that since hee receaved a Letter from Master Attorney, that it was a mistake, the Subpaena was read, but the Letter not suffered to be read.

You see we are made the subjects of scorne and con­tempt; I conceive this to be a Bone throwne by them, that have drawne a cloud on our Religion, to divert or in­terrupt us in the prosecution of them; I desire the Messen­ger may be sent for, and be examined by what procure­ment this Subpaena was taken forth; for if we finde not forth those that throw these scornes upon us, it is in vaine to sit here.

This proceedeth from some great errour; for I will as­sure you, this never proceeded from King nor Councell; I therefore desire it may be searched to the bottome, for be confident neither King nor State have cast in this as Bone.

This is not to bee reckoned an errour; for questionlesse [Page 37]this is purposely to affront us, and our owne Lenities is the cause of this.

It is ordered that Shenington the messenger that served the Subpoena, be presently sent for; and to examine the same, and by whom the same was put in; and they have power to send for persons, or Records that may informe them: And also they shall have power to enjoyne any, whom they shall thinke fit to attend the House at such time as they shall thinke meet.

The priviledge of the Merchants that are Plaintifes here, may be taken into consideration by this Committee, concerning the information in the Starre-Chamber.

Sheriffe Acton called to the Barre as a delinquent, upon his knees saith, if hee hath offended or erred, it is through want of memory and ignorance, for he intended not the least dislike or distaste to any member of this House.

Master Long moved that hee might bee sent to the Tower.

That he may be referred backe to the Committee, to be examined; if then hee deale not clearely, this House may proceed to further punishment.

I cannot remember when we did commit a Sheriffe of London, but I remember when this House did commit both the Sheriffes of London to the Tower, for an abuse of lesse nature, onely for countenancing a Serjeant in an Ar­rest on a member of Parliament, though they did acknow­ledge their faults at the Barre, (which this man hath not yet done) the Serjeant sent to little ease, the partie at whose suit he was arrested was committed to the Fleet, and both the Sheriffes to the Tower.

I came into this House with as good a will to this man, as any man; for I was spoken to, to stand for him, as I came in, and I promised to doe what favour I could: But if he were my Brother, he should to the Tower.

You see the affronts by Bookes, by Preaching, by Ru­mors, by being daily served with Processe that are put upon us, that we are become but a meere scarre-crow; the neglect of our duty is the cause of this: It is high time to remedy this; or it is in vaine to sit here.

The Sheriffe is againe called to the Barre on his knees, and is sentenced to the Tower.

There are divers Recantations, and Submissions, and Sentences, remaining on Record in both Universities, against Arminianisme, that concerning any thing that may conduce to our end, the Speakers letter may bee sent to the Vice-Chancellour, for those Records, which is or­dered.

It is ordered that Worstenholme Dawes, and Carmarthen, are to be at the Barre upon Friday.

Wednesday the 11. of February. Anno 1628.

M. Selden reported concerning the Processe of the Merchants, that Master Attorney gave order for the Pro­cesse, and that Master Attornies man took for the same.

For the Bill, it is a course by way of crime for those things which depend in Parliament, complained here by [Page 39]the Merchants: The Coppie of the Bill brought in and read, That the Merchants did plot, practise, and combine against the peace of the Kingdome; This being concei­ved to be a businesse incident to Tonnage and Poundage, is ordered to be referred untill to morrow morning.

That a report should be made to morrow of the com­plaints of the Merchants, and the Information in the Ex­chequer may also be brought; which was ordered.

It is ordered, that in respect the Terme ends to mor­row, and the Assises to follow, and divers members and Lawyers may be gone; it is ordered none shall goe forth of Towne, without leave of the House.

It is ordered the Speakers letter to be sent for Sir Ed­ward Cooke.

M. Walter delivered a Petition of the Booke-sellers and Printers in complaint of the restraint of Bookes, writ­ten against Popery and Arminianisme, and the contrary allowed of by the onely meanes of the Bishop of London; and that divers of them have beene Pursevanted for Prin­ting of orthodoxe Books; and that the licensing of Books is now onely restrained by the Bishop of London, and his Chaplaines.

One of the Printers said he tendred divers Books, one called The Golden Spurre to the celestiall Race; That Tur­ner, one of the Bishop of Londons Chaplaines, said, that if he would put out the point, That a man may be certaine of his Salvation, he would licence the same; notwithstan­ding hee put out the same point, yet hee could not get it licenced.

The refusing the licensing of Bookes is no crime, but the licensing of bad Bookes is a crime: There is no Law to prevent the printing of any Booke in England, onely a Decree in Starre-Chamber; therefore that a man should be fyned, imprisoned, and his goods taken from him, is a great Invasion on the liberty of the Subject, hee moveth that a Law may be made upon this.

This is referred to a select Committee to be ex­amined.

Master Shervile reported concerning the pardons that they have examined Doctor Sibthorpes, and Cozens par­don: Sibthorpes sollicited his owne pardon, and said hee would get the Bishop of Winchester to get the Kings hand to it; It is evident that the Bishop of Winchester got the Kings hand to Sibthorpes and Cozens pardons, and also Montagues pardon was promised by him. That Doctor Mannering sollicited his owne pardon, and the Bishop of Winchester got the Kings hand to his pardon. It is like­wise said, the Pardons were all drawne by Master Attor­ney, before there was any Warrant.

Master Cromwell saith, he had by relation from one Do­ctor Beard, that Beard said, that Doctor Alablaster had preached flat Popery at Pauls Crosse. The Bishop of Winchester commanded him, as he was his Diocessan, that he should preach nothing to the contrary.

Sir Robert Phillippes saith, one Doctor Marshall will relate as much, said to him by the Bishop of Winchester, as the Bishop said to Doctor Moore.

That Doctor Marshall and Doctor Beard may bee sent for: That this Bishop, though he hath leapt thorow ma­ny [Page 41]Bishoprickes, yet he hath left Popery behinde him.

That Cozens frequenting the Printing-house, hath cau­sed the Booke of Common Prayer to be new printed; and hath changed the word Minister into Priest, and hath put out in another place the word Elect: Thus Cozeus and his Lord goe hand in hand.

Sir Miles Fleetwood saith, wee are to give Mountague his charge, and by his Bookes chargeth him with

• 1. Schisme in errour of Doctrine.
• 2. Faction in point of State.
• 3. Matter of Aggravation.

Sir Walter Earle (Qui color albus erat, nunc est contra­rius albo;) saith, Doctor White hath sould his Orthodoxe bookes, and bought Jesuiticall bookes: And Moore, that Bishop White may goe arme in arme with Mountague.

Ordered a select Committee to bee named to digest these things that have beene already agitated, concerning the Innovation of our Religion, the cause of the Innova­tion, and the remedy.

Thursday the 12. of February. Anno 1628.

The Sheriffe of London upon his submission, is released of his imprisonment in the Tower.

Sir Iohn Elliott made the report from the Committee, in the Examination of the complaints of the Merchants, and delivered in the Orders and Injunctions in the Ex­chequer.

At a great Committee for Tonnage and Poun­dage, Master Shervile in the Chaire.

Master Walter delivered a Petition from Chambers. Fawkes, and Gilborne, in complaint of an Information against them in the Starre-Chamber, about Tonnage and Poundage; and that by restraint of their goods, they are like to be undone.

The Merchants are not onely kept from their goods by the Customers, but by a pretended Justice, in a Court of Justice (the Exchequer I conceive:) if the Judges of that Court had their understanding enlightened, they would reforme the same, and the Merchants thereby suddenly come to their goods.

Master Wansford conceiveth this a difficult way for us to goe.

Let it be done which way the House shall thinke fit: But I conceive it is fit the Merchants should have their goods. And before we can think of the Bill, Kings ought not by the Law of God thus to oppresse their subjects: I know we have a good King, and this is the advise of his wicked Ministers; but there is nothing that can be more dishonourable unto him.

That it may bee voted that the Merchants may have their goods before we enter on the Bill.

I shall speake my opinion, because I know not whe­ther I shall have liberty to speake, or you to heare any more: All the proceedings of the King and his Ministers was to keepe the Question safe, untill this House should meet; and you shall finde the proceedings were legall: And thus much, not knowing whether I shall attaine li­berty to speake here againe.

There is none here but would thinke it a hard thing, that a possession should be taken from us without any or­der for sequestration, that therefore it was not to be suffe­red that those few men should so unjustly disturbe the government of the State, desires that there may bee no interruption; but may proceed to settle the Tonnage, &c.

I hope we shall speake here as we may speake in Hea­ven, and doe our duties; and let no feare divert us.

It is not so few as five hundred Merchants are threat­ned in this.

Sir Robert Phillippes moveth we may goe to the King, and satisfie him of these interruptions.

We cannot safely give, unlesse we be in possession, and the proceedings in the Exchequer nullified; and informa­tion in the Starre-Chamber, and the annexion to the Pe­tition of Right, and other Records; I will not give any voyce to this, unlesse these things be made void: For it will not be a gift, but a confirmation; neither will I give, unlesse these interruptions, and a Deciaration in the Bill, that the King hath no right, but by our free gift: If it will not be accepted as it is fit, wee cannot helpe it; if it the Kings already, as by these Records, we need not give it.

Master Selden secondeth the motion of fending a mes­sage to the Exchequer; declareth a president of a message [Page 44]sent into the Chancery for stay of proceedings in a cause, and it was obtained; and what Answer soever the Judges returne, it cannot prejudice us: The Law speakes by Re­cord, and if those Records remaine, it will to posterity explaine the Law.

For the Right, there is no Lawyer so ignorant to con­ceive it, nor any Judge of the Land to affirme; it is against giving to the King, or going on with the Bill: In this case a man cannot be put to a Petition of Right, but shall reco­ver without Petition.

Ordered a message shall bee sent to the Court of the Exchequer: That whereas certaine goods of the Mer­chants have beene stayed by injunctions from that Court by false Affidavit; and that upon examination, the Custo­mers that made the Affidavits, have confessed that the goods were stayed onely for duties contained in the book of Rates; That therefore that Court would make voyde the Orders and Affidavits in this businesse.

Friday the 13. of February. Anno 1628.

A Petition against one Burges a Priest, who was here complained of the last Sessions, some new Articles against him, that hee could not get a coppy of his Articles out of the House, untill hee was faine to get one to counterfeit himselfe a Puritan to get the same, and other new mis­demeanours.

Hee is ordered to be sent for.

Sir Iohn Elliott moveth for Priviledge of the Mer­chants.

Order is, if any man have a complaint depending here, shall bee priviledged in his person, not freed from suits.

A Committee is to consider what priviledge is to bee [Page 45]allowed any man that hath any cause depending here, in the meane time intimation shall bee given to my Lord Keeper, that no Attachment shall goe forth against the Merchants.

The Chancellour of the Dutchie reported the message to the Exchequer Court, That the Treasurer and the Ba­rons will forthwith take the same into consideration, and returne an answer.

Ordered, that Master Secretary Cooke shall take care, that intimation shall be given to the Citie about the Fast.

Doctor Moore called in, saith, he was referred to the Bishop of Winchester to bee censured for a Sermon prea­ched by him; the Bishop, he had heard him preach, and deliver many prettie passages against the Papists, which pleased King Iames, but he must not doe so now. That you have a Brother that preacheth against bowing at the holy name of Jesus, and of bowing to the high Altar; and that the Communion Tables stood as in Ale-houses, but he would have them set as high Altars: Doctor Moore is to deliver these things in writing to morrow morning.

If wee now speake not, wee may for ever hold our peace; when besides the Queenes Masse there are two Masses daily in the Queenes Court, so that it is growne ordinary with the out-facing Jesuites, and common in discourse; will you goe to Masse, or, have you beene at Masse at Somerset house: There comming five hundred at a time from Masse.

We desire it may bee knowne by what authority the Jesuites lately in Newgate were released.

M. Coriton doubts not but his Majesties intention was good, in the Declaration lately published; but I conceive it will bee made use of, onely to our disadvantage: That therefore the Declaration may bee taken into conside­ration.

Sir Richard Gravenor repents the proceedings of this House against Popery the last Session, and what [...] hath beene therein.

Master Pymme, In this great businesse concerning Re­ligion, and the staying of Execution of the Lawes against Recusants, it will much conduce to our purpose and for­ward our Resolutions, to cast backe our eyes to see what was done the last Session: You may remember that a­mongst many other businesses of weight, wee tooke to heart the decay of Religion; we sought after the preser­vation thereof, and how to maintaine it in its owne pu­rity: Wee found, that of late yeares it had beene much wounded, by heartning of Papists, by conferring offices upon Recusants. Wee summoned our judgements, and imployed our best cares and paines, for stopping the cur­rent of Popery, which by such meanes like a Deluge, came flowing upon us: And well did it befit the profit of this House to be so zealous for the prosperity of that which ought to be so deare to every good mans soule, and so pretious in their eyes; and this wee attempted by these and the like stoppes. First, by that religious Petition; wherein it pleased the Lords so readily to joyne with us. Secondly, by framing a Bill against Recusants, which pas­sed both Houses, whereby his Majesty had beene much enriched, better enabled to compasse his due from them; and to avoid their deceits, defrauding him thereof. Third­ly, by enforming him of the numbers and particulars; and by petitioning him to remove all Papists and Popishly af­fected from the Court, from places of Trust, from places of Power. Fourthly, by examining the dangers and in­conveniences of those late Commissions, and instructions granted forth for the compounding with Recusants for their estates and forfeitures. Fiftly, by framing a charge [Page 47]to usher up Master Montague to the Lords, not to his seat amongst the Reverend society of Bishops, but to the Barre, as an offendor against that House, this and the whole Church of God.

But what good hath this our zeale brought to Religion? what profit to the Church, we all know; and with thank­fulnesse acknowledge, That his Majesty gave a most gra­cious and pious answer to our Petition of Religion; and to some particulars, as fully as wee could desire; which raised our hopes to the expectation of much good, and some hath followed; for it is true (Master Speaker) that the promised Proclamation to command Judges, and o­ther Ministers of Justice, to put the Lawes in execution against Recusants, their Priests and Jesuites, is now ex­tant; which yet seemes to me to have beene so long kept by some back-friends to Religion: and I am induced to thinke thus for these Reasons.

My first Reason I draw from common fame, it being generally reported, that in stead of life and motion to the Lawes in force against Recusants, the Judges had in charge before the last Circuite, to deale sparingly with them.

My second Reason I draw from the time, when this Proclamation came forth, which was five weekes after the ending of the Sessions, when some of the Circuites were ended, or so neare conclusion, that the Judges could take little or no notice thereof.

And Thirdly, from consideration of a former Procla­mation dated the 7. of Iuly, which though that passed not the Seale, yet it did the Presse; and in my poore opi­nion, would never have gone so farre, (knowing the re­solution of Counsells to be more certaine) had not some men hoped to have prevented the latter, by procuring the former as satisfaction, which falls farre short of his Maje­sties pious intentions, expressed in that his religious An­swer: And if with reverence I may speake my humble [Page 48]thoughts, they doe both of them in conclusion too much encourage the worst of subjects to hope for his Majesties best favour too fairely invite them to compound for their forfeitures; which course this House was bold to stile little lesse then a Tolleration. Againe, is the course of Recu­sants as yet restrained from the Court? Nay, doe they not since our Recesse frequent it with more confidence and greater alacrity, doe not their hopes daily increase, and themselves grow more insolent; their feares ended with the Sessions. Is the promised wrath as yet appoin­ted to keepe them from Embassadours Houses. Had the Judges in charge to informe themselves in their last Cir­cuites, and (after their returne) his Majesty of all such Pa­pists and Popishly affected, as they shall finde to bee in authority; I have not yet heard it, and to me those are all the knowne effects of that Religious Petition. Next take notice of the abortion of that necessary Bill against Recu­sants, which when wee hoped would have received life and perfection by the Royall assent, perished in Embrion; suddenly vanisht as being too cruell, too mercifull: Con­sider what fruit wee have reaped from that Petition and Information, whereby we let his Majesty know the par­ticulars of such Papists and Popishly affected, as were in such Countey, in Commission of the peace of Lieutenan­cie, &c. Are any of them since remooved: Nay, it is well if their numbers bee not encreased. Oh Master Pymme, this breakes the heart; if God be God, let us fol­low him: And if Baal be God, let us follow him, and no longer hault betweene two opinions; for whilst wee are thus carelesse in standing for God, that wee dare scarce owne our owne Religion: Is it any marvell that God estrangeth himselfe, and will not owne us? and by too woefull experience wee have cause to suspect, since wee finde he goes not out with our Armies, since so ill successe attends all our actions; Wee have not yet made our peace with God. And Master Pymme, to these griefes and dis­couragements, [Page 49]I finde an addition of that nature, that threatens very ruine and desolation, if not dissolution of Religion in this Land, (unlesse God himselfe take his own cause into his own hand.) And that is the countenancing and preferring of a plotting, undermining, and dangerous sect of upstart Divines, when Arminians shall be grac't & preferred before honester men, when such desperate Di­vines as have fired a part of Christendome, almost ruined our neighbours, kindled their fire-brands, and cast their dangerous sparkes abroad in our Church, shall be encou­raged to goe on in planting their damnable doctrines and positions which already have taken too deep footing, too fact rooting in our Universities, and many other parts of this Land: You remember Sir, what care and paines this House tooke (as a matter of great consequence) to frame a charge against Master Mouniague, which was ready with the first oppertunity to have transmitted him to the Lords; but those many interruptions we had, gave brea­king to that as to many other businesses of weight; yet was this man shortly after the ending of the Sessions, dig­nified with the sacred title of Bishop; and Bishop of the See, wherein his Predecessour (a Grave Divine, and Or­thodoxe Prelate,) had laboured by his pen and directi­ons, to strangle those errours, and to confute Master Mountague, whose ready way to obtaine a Bishopricke, is to undermine Religion, and set the Church in a com­bustion. Another also of his owne profession, little better then himselfe, I meane time-pleasing Mannering, hath al­so tasted extraordinary favour; This man attempted to make his holy function a meanes to seduce the Kings con­science, to misguide his judgement, to dis joynt his affe­ctions from his people; to avert his minde from calling a Parliament. The particulars of his damnable doctrine are yet fresh in your memories: What could a man have done worse; for hereby he did as much as in him lay, violently to breake in peeces that coard, to wrest in sunder that [Page 50]chaine, which linkes, and tyes, and unites the hearts and affections of the Prince & people together: verily he that shall goe about thus to seduce or corrupt a Prince, deserves to be hated of all men; as much as those that attempt to poyson a publique spring or fountaine, whereof all drinke; for which offence of his hee received a just, but moderate censures: one particular whereof was, that he should be disabled from holding any Ecclesiasticall dignity in the Church. And although it bee confessed that the Doctor justly brought upon himselfe the censure of Parliament, yet was this man after our rising released from his impri­sonment, reported to have the honour to kisse the Kings hand, obtained his Pardon in Folio, preferred to a rich Living; and if fame say true, cherished with assured hopes of future dignity in the Church: If these bee steppes to Church preferment, God be mercifull to those Churches which shall fall under the government and feeding of such a Clergie. Thus, Master Pymme, you see the issue of our good endeavour vanisht into smoake; what should be the reasons, I know not; But I may well gnesse, it comes by the like practises as were used in King Iames his time; for then had we the like gracious Answers to Petitions of Religion, the like Proclamations, the like Declarations, and like Commands to put Lawes in execution against Recusants, and yet little done; being prevented by secret directions and commands of some eminent Ministers of State, which I am able to justifie, by a letter under their hands, which I have now about me: And I wish that all such as have notice of any such private letters as have beene sent for the stay of execution of those Lawes, would give this House knowledge thereof.

If ever were a necessity of dealing plainly and freely, this is the time; there is an admission of Priests and Je­suites, [Page 51]as if it were in Spaine or France: This encrease of Papists, is by connivance of persons in Authority; Nine hundred and forty persons in houses of Religion, being English, Irish, and Scots, in the Netherlands, maintained by the Papists of England; And of this I shall deliver the particulars, that wee may frame a Remonstrance to the King: That unlesse there be some better performance of his Majesties so many Answers to so many Petitions, our Religion will be past recovery.

That those Papists by Lawes, or Acts of State, may be removed from their offices; which wee have just cause to suspect.

Master Selden moveth things may be debated in order; and first for the releasing the Jesuites that were arraigned at Newgate, whereof one was condemned; they were ten in number which were Priests, who had a Colledge here in London about Clarkenwell, and these men could not attempt these Acts of boldnesse, but that they have great countenancers.

That a Minister of State, which is said to be himselfe, having notice of these ten; and this Colledge intended to be kept at Clarkenwell.

That it is plaine there was a place appointed for this Colledge, and Orders and Reliques prepared: This Mi­nister made the King acquainted with it, and I should not doe my duty; if I should not declare how much his Ma­jestie disliked it: His Majestie referres it to the especiall care of the Lords of the Councell, who examined the same; sent these ten persons to Newgate, and gave order to Master Attorney to prosecute the Law against them.

That this Colledge was first at Edmonton, removed from thence to Camberwell, and thence to Clarkenwell.

Ordered, that all the Knights and Burgesses of the House, shall to morrow morning declare their knowledge what Letters or other hindrances have beene for the stay­ing of proceedings against Recusants.

A Justice of Peace, who is said to understand much in the businesse of the Colledge of Jesuites at Clarkenwell, is sent for and examined, saith hee, by the appointment of Master Secretary Cooke, apprehended those persons, and tooke their Examinations; and saith further, that he heard they were delivered out of Newgate, by order from Ma­ster Attorney. That Master Middlemore a generall Sollici­tour for the Priests, hired this house for the Lord of Shrews­bury, a Papist; and that there are divers Bookes of Ac­compts, of Receipts, and Disbursements, to the value of three hundred pounds per annum, with divers Recusants names, who allowed towards the maintenance of this Colledge: and these bookes and papers are in the hands of Master Secretary Cooke.

Secretary Cooke saith, hee cannot so amply declare the truth of the proceedings herein, untill that he have leave from his Majesty.

One Crosse a Pursevant is to be examined in this, who likewise saith, he can discover divers stoppings of the exe­cution of Lawes against Recusants.

Saterday the 14. of February. Anno 1628.

A complaint against the Lord Lambert, a Baronet of Ireland, and a member of this House, who (being a Col­lonel of Souldiers in Middleborow) hath imposed 4^d. upon every Souldier towards his Officers charges, and the Pe­titioner [Page 53]for refusing to pay, was set in the stockes, and af­ter by the Lord Lamberi commanded to a Prison.

It is ordered that the Lord Lambert be sent for to an­swer this.

Sir Iohn Ipsley desireth leave to answer a complaint that is against him in the Lords House.

That the use was, and citeth a president, that no Com­moner could bee called to the Lords House; but it will trench much to the disadvantage of the priviledge of this House; and untill 18. Iacobi, there was never president to the contrary: that therefore this may be considered of by a select Committee.

Ordered, that Sir Iohn Ipsley shall not have leave.

Master Chancellour of the Dutchie stiffely secondeth the motion of Master Selden.

I am as carefull to maintaine a good correspondencie with the Lords, as any man; but connivances in this kinde may overthrow the fundamentall Rights and Liberties of this House: Let it be therefore seriously considered of, for this not onely concerneth the Right of this House, but the Liberty of the whole Kingdome or Common-wealth.

Ordered a speciall select Committee shall bee appoin­ted to confider of this.

Master Chancellour of the Dutchie delivereth an an­swer from the Barons of the Exchequer, as followeth.

We looked for satisfaction, but now you see a justifi­cation [Page 55]of their Actions; I therefore desire wee may now proceed to consider of their proceedings, and whether ever the Court of Exchequer held this course before the staying of Replevies; and whether this hath beene done by the Regall prerogative of the King in his Court of Exchequer.

Ordered, that a select Committee of Lawyers and Chequer-men shall take this into hand.

We have delayed the proceedings with the Customers expecting some good successe from the Exchequer; but finding it otherwise, I desire the Customers may be called to the Barre on Monday next, which is ordered at the Committee of Religion.

Sir Thomas Hobby reported from the Committee (for the Examination of the Keeper and Clerke of Newgate concerning the Priests, there being a Warrant under Ma­ster Attornies hand for the delivery of these persons.

A Warrant under the Lord Chiefe Justices hand, accor­ding to a Letter which hee received from the Lord of Dorset, signifying it was his Majesties pleasure, that the Priests condemned should bee reprieved. Another War­rant under Master Attornies hand, in the Kings name, to release the nine other persons.

I am confident the grace of the King hath beene abu­sed in this, that therefore the Privy Counsellours of the House may know whether it was his Majesties dire­ction.

It is moved that Secretary Cooke must first declare his knowledge in this.

One Crosse gave intimation, first of the persons to the Secretary, Super totam materiam; It is evident that the Colledge at Clarkenwell is a Colledge of Jesuites, holden under a forreigne supreame head.

Sir Francis Seymor taxeth Master Attornies affection and judgement in this, and also declareth continuall Let­ters from Master Attorney, in stay of proceedings against Recusants: You see in this House how sleightly Master Attorney hath put over a businesse of this weight.

Crosse the Pursevant saith, there were eleven men in the Prison, and the Keeper of that Prison saith, they were delivered by Warrant from the Councell board.

No man could finde a way on which to vent mischiefe against the Church and State, so much as by protecting these men; that this may be fixed on that great Lord, the Lord of Dorset, that hath I feare soyled his fingers too farre in this businesse: And on Master Attorney, at whom I am sorry to nominate so often in this case of Religion, in stopping of proceedings against Recusants.

Master Recorder is ordered to be sent unto, to be exa­mined in this, rather then to bee sent for; having formerly had the honour to sit in the Chaire.

Secretary Cooke saith, we shall desire the King (being mercifull in case of bloud) to give direction for the reprie­ving the condemned Priests.

I doubt not but when we shall declare the depth of this to his Majestie, but he will render them judgement that gave him advice herein.

These Jesuites are bound by sureties to answer further at Councell Board, I wish those bonds may produce those men, that by the examination of them, we might out with the whole pack of Benefactors and Countenancers.

Master Long saith, that hee offering at the Sessions the evidence by order from Master Attorney, the Lord chiefe Justice Richardson interrupted him, and told him he must speake to the point in issue, whether Priests or no Priests; and hereupon the Judges consulted amongst themselves.

Master Selden saith, he was present at the Sessions, and plaine Treason proved, and nothing done in it: The fur­ther examination of this is referred to a select Com­mittee.

Monday the 16. of February. Anno 1628.

A Petition of complaint against Sir Henry Martin, for the taking the goods of one Browne, who dyed intestate, to his owne private use.

If I prove not my selfe as cleare in this as Saint Iohn Baptist, let me be accounted a Jew.

Referred to the Committee for course of Justice.

That the Lord Chiefe Justice may be called to give ac­compt of his stay of Justice in the execution of the con­demned Jesuite, which he ought to have done, though his Majestie signified his pleasure to the contrary.

That this was a thing so ordinary for a Chiefe Justice to doe in Queene Elizabeth and King Iames their time, as also a Declaration in Starre-Chamber, that all condem­ned Priests should be sent to the Castle at Wisbitch, and from thence, though the King had given no order for the Replevy, hee might have taken this Warrant for his pro­ceedings.

Master Selden reported from the Committee the fur­ther examination of Master Long, concerning the pro­ceedings of Newgate against the Jesuites; whereby it plainly appeareth, that the evidence tendered in Court at Newgate did plainly testifie these men to bee Priests; yet the Lord Richardson did reject the same, against the sentence of the rest of the Judges and Justices present; whereby it is plaine, that he dealt under hand to the same Jesuites.

Ordered, that two members shall bee sent to each Judge that were present at the Sessions at Newgate, who were said to bee the Lord Chiefe Justice of the Kings Bench, the Chiefe Justice of the Common Pleas, Justice Whittlocke, Justice Iones, and Justice Crooke.

Thursday the 17. of February. Anno 1628.

Master Chambers preferred another Petition in com­plaint of a Warrant, newly proceeding from the Councell Board, for the stay of the Merchants goods, unlesse they pay the duties that were due in King Iames his time.

You see as by the last answer from the Exchequer, the [Page 63]Merchants were bound within that Court from all means of comming by their owne goods.

It is ordered the Customers shall attend the House on Thursday; in the meane time it is referred to the former Committee.

Ordered a Committee of six to take all the names of the Fast, and to meet at Church by eight of the clocke in the morning.

Ordered, that a Committee shall consider of the spee­diest way to put the Merchants into possession of their goods, without which it is conceived wee sit here in vaine.

Sir Thomas Hobby reported from the Lord Chiefe Ju­stice Hide, That he doth not remember any papers ten­dered, by Master Long were rejected, or that he affirmed they were dangerous persons, and a Colledge of Jesuites: But howsoever Master Long tendered nothing to prove them so, but that he held divers papers in his hands.

Master Wansford reported from the Lord Chiefe Ju­stice Richardson, who said Master Long did discourse of the place and House, but did not presse the rending of the papers; neither doth hee know what were in the pa­pers; neither knew of any thing to prove the persons Je­suites.

Sir Thomas Barrington delivereth the answer of Ju­stice Iones, who saith, there were some papers offered by Master Long, but hee knew not the contents thereof, nor the reason why they were refused; but hee came late for want of health, and the second day was not there at all.

Sir Miles Fleetwood delivereth the Answer of Justice Whitlocke, who said, hee came late, and therefore under­stood not the businesse, and the second day was not there at all.

The like was reported by Sir William Constable from Justice Crooke.

Sir Thomas Barrington saith, although Justice Iones did not write the name of the Lord Chiefe Justice, yet in discourse named him to be the man, that said, the point in proofe is not whether they bee Priests or no Priests.

Here is a charge of high nature on the Judges by Ma­ster Long; that now Master Long may make his charge, or suffer for it; for there were witnesses enough in the Court.

Ordered Master Long to be here on Thursday mor­ning.

Ordered, that the Justices about the Towne shall be re­quired to deliver in all the names of the Recusants remai­ning about the Towne, and their conditions; and of what County they be.

It is ordered that the Gentlemen of the Innes of Court and Chancery, shall give in their knowledge what Recu­sants are there.

That the Court may give in the names of the Recusants there, and likewise by what Warrant they bee about the Towne, and what publique charge of office any of these persons have. Also what Priests and Jesuites are in any Prison in London for they are at liberty to goe sometimes five miles to a Masse.

Wednesday the 18. of February. Anno 1628.

A publique fast was kept by this House at Westminster, where were three Sermons.

Thursday the 19. of February. Anno 1628.

One of the Customers called in to answer the point of Priviledge, in taking Master Rolles goods, being a mem­ber of this House; saith, hee tooke Master Rolles goods by vertue of a Commission under the great Seale; and o­ther Warrants remaining in the hands of Sir Iohn Elliott, that he knew Master Rolles demanded his Priviledge, but hee did understand his Priviledge did onely extend to his person, not to his goods: Master Dawes further saith, he tooke those goods for such duties as were due in the time of King Iames, and that the King sent for him on Sunday last, and commanded him to make no other answer.

Another Customer called, saith, he knew Master Rolles to bee a Parliament man; and that hee did not finde any Parliament man exempted in their Commission; and if all the body of the House were in him, he would not de­liver the goods; If he said he would not, it was because he could not.

Master Wansford moveth that the delinquency of these men may be declined for the present, and that wee may goe to the King by way of Remonstrance; considering the matter from whence this doth arise: if it were a sin­gle Priviledge, it were easily determined.

If there be any neare the King that doe mis-present our Actions, let the curse light upon them, not upon us; and beleeve, it is high time to right our selves; and untill wee [Page 66]vindicate our selves in this, it will bee in vaine to sit here.

Sir Nathaniel Rich moveth not to proceed in this, un­till it bee by a select Committee considered; in respect the King himselfe gave order to stay those goods, though the goods of a Parliament man.

The heart bloud of the liberty of the Common-wealth receiveth life from the Priviledge of this House.

Resolved by Question, that this shall be presently ra­ken into consideration; and being conceived to be a bu­sinesse of great consequence;

It is ordered, that the House shall be dissolved into a Committee for more freedome of debate.

Master Herbert in the Chaire of this Committee.

Friday the 20. of February. Anno 1628.

A Petition of complaint of Conspiracy of a mans life by the Lord Deputy of Ireland and others, to get the estate of the Petitioner to their owne use: Which is re­ferred to the Committee for course of Justice.

Another of the Customers called in, saith, hee was commanded from the King, that the goods were taken for duties, and no more, that he sought not to farme the Customes, and told the King, being sent for to him, that he was not willing to deale therein, untill the Parliament had granted the same.

Master Selden conceiveth the case of these Customers, doe differ in the degrees of their offences: First, for Master Wolstenholme; what ever he saith here, hee hath [Page 67]often confessed, the goods were taken for Tonnage and Poundage; so that hee brake the Priviledge in taking the goods: so likewise in swearing one thing, and the contra­ry plainly appearing upon proofe, and his owne confes­sion.

Master Dawes his case differeth onely in that Sir Iohn Wolstenholme is a Patternee, and Dawes onely a Share.

Master Carmarthens case differeth in saying, If all the Parliament were in him, hee would not deliver his goods.

Ordered, that Wolstenholmes case shall be first decided; and the point is, Whether by the Leafe Sir Iohn Wolsten­holme, having seized the goods, hath interest or no? or whether he be onely an accomptant to the King or not.

Here is a summe of money advanced, a Leafe granted for certaine yeares, a certaine Rent received; and though there be a Covenant to these men, that if there be losse, it shall be abated, yet that cannot take away their interest: the substance of the Affidavit made by the Customers in the Exchequer, is, That the goods of the Merchants sei­sed by them, and remaining in the Kings Store-house; were seized onely for duties to the King, mentioned in a Commission made under the Kings Signet; and that themselves (the Customers) had no interest, nor pre­tence of interest.

Saterday the 21. of February. Anno 1628.

A Petition by Master Thomas Symons, in further com­plaint of the Customers; and the two shillings six pence upon Currents granted to the Lord of Arundell, which is referred to the Committee for Merchants.

Sir Robert Pye saith, the Lord of Arundell hath delive­red in his Patent to the King two moneths since.

Master Littleton argueth, whether a Member of the House hath his goods priviledged upon a Prorogation, be­ing seised for the King.

All Priviledge is allowed for the benefit of the Com­mon-wealth, and the Parliament priviledge is above any other; and the Parliament onely can decide priviledge of Parliament: not any other Judge or Court. That a man may not distraine for Rent in Parliament time, but for all Arrerages after the Parliament he may distraine: Hee is not to be impleaded in any action Personall, nor his goods seized in the Exchequer.

A Record and Act of Parliament by Petition, that be­cause a servant of a Member of Parliament is in the Kings Royall protection, that it might be high Treason to kill a Parliament man, and the King answered which made it a Law. And for the Judges to determine Priviledge of Parliament, were to super-head and make void the Law; for the Prorogation, the Priviledge stands good untill the day of Prorogation; notwithstanding a Proclamation of new Prorogation: That the King is never so high in point of State as in the Parliament; citeth the case of Sir Robert Howard in the High Commission.

All Priviledges, unlesse in Felonie, Treason, or breach of the Peace.

That you see how fast the Prerogative of the King doth trench upon the liberty of the Subject, and how hardly recovered: Citeth many Presidents, wherein the goods of a Member of Parliament were priviledged from seizure [Page 69]in the Exchequer the 19. Eliz. It was resolved in Par­liament, that twenty dayes before, and twenty dayes af­ter, was the time of Priviledge.

That in this debate we may tye our selves to point of Law and Authority, not to points of Reason; and concei­veth that no Priviledge lyeth against the King in point of his duties.

I desire it may be debated, whether this care doth con­cerne the King or no; for I conceive these Customers have not made good that there was any Right, onely Art used to entitle the King: I conceive it an high offence for any man to lay the scandall of every project upon the King.

Here is a cunning Affidavit in the Exchequer to entitle the King: A meere cunning project, and an offence of an high nature, to shelter their projects under the com­mand of the Crowne.

The point in question is not the Right of the Subject, but the Right of the Parliament Priviledge; and that in the case of Master Rolls: and this is only now in question.

I know no reason why wee should draw a question [Page 70]upon our selves, which we need not; especially between the King and us: I conceive it plaine, those Customers tooke those goods in their owne Right, not in the Kings; in this the Priviledge is plainly broken, wherein it is ea­sily determined.

In this case there is no interposing of the Kings Right, and the King this Parliament hath declared as much; that the Courts of Westminster doe grant twelve dayes privi­ledge to any man to informe his Councell, much more the Courts of Parliament are to have their priviledge: The Kings command cannot extend to authorize any man to break the Priviledge; no more then it will warrant an entry upon any mans Land, without processe of Law.

If the King have no Right, how can he make a Leafe; then this pretended interest of the Customers must bee void: and therefore their goods must be taken not in their owne Right, but in the Right of the King.

If there were any Right, the pretended Right is in the Subject.

• 1. Whether Priviledge in goods.
• 2. Whether the Right were in the Customer onely.
• 3. Whether Priviledge against the King.

If the Lords have no Priviledge of Parliament for their goods, they have then no Priviledge at all; for they are priviledged in their persons out of Parliament.

For the point of Interest it is plaine, for no kinde of Covenant can alter Interest; and questionlesse had the [Page 71]case in the Exchequer appeared to the Barons, as it doth to us; they would never have proceeded as they did: if our goods may be seized into the Exchequer, bee it right or wrong; we had then as good have nothing.

It was recorded the last Session in the Lords House, and citeth other Presidents in this House, that a servant of a member of Parliament, ought to have priviledge in his goods; decided by Question, that a Parliament man ought to have priviledge of his goods.

Master Noye saith, that these Customers had neither Commission nor command to seize; therefore without doubt we may proceed safely to other Questions, that the Priviledge is broken by the Customers, without any rela­tion to any Commission or command of the King.

Secretary Cooke saith, it is in the Commission to seize; but the Commission being read, it is not found to bee there.

Chancellour of the Dutchie saith, Master Dawes men­tioned, that hee seized those by vertue of a Commission; and other Warrants remaining in the hands of Sir Iohn Elliott: that therefore these Warrants may be seene, whe­ther there be not command to seize the goods.

This dayes debate much rejoyceth me, especially the motion made by Master Noye; whereby it is plaine, wee have a way open to goe to the Question, (without rela­tion to the Kings Commission or command,) and desires it, in respect there appeares nothing before us that doth incumber the Question.

Chancellour of the Dutchie againe desires these War­rants may bee looked into, before wee proceed to the Question.

Because this Honourable Gentleman presseth this so farre, let it appeare with what judgement this House hath proceeded.

I consent these Warrants bee sent for and read; but withall, if any thing arise that may produce any thing of ill consequence, let it bee considered from whence it comes: The Privy Counsellours are contented with this motion.

The Warrants being sent for and read, it is plaine, there is no Warrant to seize.

If now there be any thing of doubt, I desire those Ho­nourable persons to make their objections.

I rejoyce when I can goe to the Court, able to justifie your proceedings; I confesse I see nothing now, but that we may easily proceed to the Question.

Master Secretary Cooke saith as much: Master Hawke­well argueth against Priviledge in time of Prorogation.

Master Noye saith, hee had no doubt, but Priviledge was in force in time of Prorogation, untill he heard this Argument of Master Hawkwell, and saith hee hath heard nothing from him yet that doth alter his opinion; and citeth a President: wherein the Lords House hath this very Prorogation adjudged the Priviledge.

Master Hackwell saith, hee is glad to heare it so; and he is now of the same opinion.

Decided by Question, that Master Rolles ought to have Priviledge of Parliament for his goods seized, 30. of Octo­ber, 35. Iacobi, and all since.

This Committee is adjourn'd untill Monday, and the Customers are to attend.

Monday the 23. of February. Anno 1628.

I will never cease to give you the best advice I can: We all agree, A word is given, We have wine and oyle before us: If you goe to punish Delinquents, there is vineger in the wound; thinke of some course to have re­stitution.

The Question is, whether we shall goe to the restituti­on, or to the point of delinquency of breach of Parlia­ment, and other feares: I meet with this both here and else-where, take heed you fall not upon a rocke; I am confident that this will be some what difficult, were it not for the justice and goodnesse of the King: when we doe that which is just, let there bee no feare or memory of breaches, and let us now goe to the delinquency of these men, and that is the way to procure satisfaction.

We laboured the last day to bring us to our end; and now we fall to this issue, to proceed to the delinquency of these men: our ground is, because they have no com­mand from his Majesty; I must speake plaine English, his [Page 74]Majesty tooke notice of our labour last Saterday, to sever the Act of the Customers from his Majesties command. His Majesty commanded me to tell you, that it concernes him in a high degree of Justice and Honour, that truth be not concealed; which is, what they did was his owne di­rect order, and command of the Councell Board, himselfe being present: and therefore he will not have it divided from his Act.

Report was made from the Grand Committee, that they tooke into their consideration the violation of the li­berty of the House by the Customers, and at last they re­solved that a Member of the House ought to have privi­ledge of person and goods; and the command of his Ma­jestie is so great, that they leave it to the House.

Secretary Cooke reported a message and command from his Majesty, and said, that howsoever the House laboured to sever the Kings interest, His Majesty thinkes that this distinction will not cleare his Honour, and he will not be drawne to doe that that may touch him; though others may make distinctions.

I had rather pray to God to direct us, then give any di­rection: Now the Kings Honour, Justice; and Govern­ment are presented to us, and also the essentiall liberty of this House; and are wee now fit for a debate? In the greatest retirement our best thoughts are summoned to resolve what to doe.

Hereupon the House was adjourn'd till Wednesday next.

On Wednesday the 25. of February, 1628. both Hou­ses by his Majesties command, were adjourn'd till Mon­day morning next.

Monday the second day of March, Sir John Elliott made a Speech as followeth.

God knowes that I now speake with all duty to the King: It is true, the misfortunes we suffer are many. We know what discoveries have beene made; how Arminia­nisme creepes and undermines, and how Popery comes upon us: they maske not in strange disguises, but expose themselves to the view of the world. In search of these we have fixed our eyes, not simply on the Actors, the Je­suites and Priests, but on their Masters; those that are in authority: thence it is we suffer, the feare of them makes these interruptions.

You have some Prelates that are their Abettors: That great Bishop of Winchester, we know what he hath done to favour them: The feare extends to some others that contract a feare of being discovered; and they draw from thence this jealousie: That is, the Lord Treasurer, a man in whose person all evill is contracted; I finde him Acting and Building on those grounds, laid by his Master the great Duke; and his spirit is moving for this interruption: and for this they breake Parliaments, least Parliaments should breake them. I finde him the head of all that great party; the Priests and all the Jesuites derive from him their shelter and protection: He dismayes our Merchants, and hee it is that invites Strangers to come in to drive Trade, to serve their owne ends.

Thus was put to Question, but Master Speaker refu­sed to doe it; and said he was otherwise commanded by the King.

Whereupon Master Selden speake as followeth.

You Master Speaker say, you dare not put the Question which we commanded you; if you will not put it, wee must sit still; and so wee shall never be able to doe any thing: they that come after you may say, they have the [Page 76]Kings command not to doe it. Wee sit here by the com­mand of the King, under the great Seale; and for you, you are by his Majesty sitting in his Royall Chaire, before both Houses appointed our Speaker, and you now refuse to be our Speaker.

Thereupon the House was dissolved by Proclamation.

My Lords and Gentlemen of the House of Commons, His Majestie doth dissolve this Parliament.