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 My Lords and Gentlemen 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 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 M. Rowse concerning 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 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 God and his Religion these things shall be
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 Sir Iohn Elliott 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 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 Ware-house 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 Sir Robert Phillippes 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 Master Chancellour of the Dutchie 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 M. Seldon This is not to bee reckoned an errour for questionlesse 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
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 Sir Francis Seymor 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 M. Kirton 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 by them to his Majestie And for mine owne part as God shall enable me I will doe my best herein M. Sherland 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 M. Coriton 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 M. Pymme 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 of the cessation of the execution of Lawes against Popery Secondly how the Papists have beene imployed and countenanced Thirdly the Law bringing of superstitious Ceremonies amongst us For Arminians be advised First that a way be opened for the truth Secondly 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 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 decivatiâ—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 〈◊〉 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 M. Long. 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 Sir Thomas Edmonds 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 M. Coriton 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 Sir Iohn Elliott 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 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
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 probable that these Ecclesiasticall Officers did give that advice to his Majestie Sir Humphrey May. 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 Sir Iames Parrat 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 Sir Robert Phillippes If ever there came here businesse of like consequence I have lost my memory if ever King of England was 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 Sir Robert Phillippes 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 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 Sir Iohn Elliott 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 was upon malice Let the persons that made these affidavits be sent for and let Master Attorney be sent for to answer why
Coriton 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 M. Strowde That it may bee voted that the Merchants may have their goods before we enter on the Bill Chancellour of the Dutchie 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 Master Treasurer 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. M. Corinton I hope we shall speake here as we may speake in Heaven and doe our duties and let no feare divert us M. Walter 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 M. Noye 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 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 M. Littletor 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 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 At the Committee for Religion 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 Sir Richard Gravenor 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
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 Sir Robert Phillippes If ever were a necessity of dealing plainly and freely this is the time there is an admission of Priests and Jesuites 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 M. Coriton 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 Secretary Cooke 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 M. Long. 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 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 M. Selden 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 Master Secretary Cooke 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 Whereas the Honourable House of Commons by order this twelfth of this instant February have appointed that notice should be given to the Lord Treasurer Chancellour and Barons of the Exchequer for a Declaration made by Sir Iohn Wolstenholme Abraham Dawes and Richard Carmarden then in the said House of Commons of the goods that the Merchants brought into the Kings Store-house and laid up there for his Majesties use were detained onely as they conceive for the duty of Tonnage and Poundage and other summes comprised in the books of Rates which notice was given to the end the said Court of Exchequer might further proceed therein as to Justice should appertaine Now the Lord Treasurer Chancellour and Barons out of their due respect to that Honourable House and for their satisfaction doe signifie that by the orders and injunctions of the said Court of Exchequer they did not determine nor any wayes trench upon the right of Tonnage and Poundage and so they did declare openly in Court at the making of these orders Neither did they by the said Orders or Injunctions barre the owners of those goods to sue for the same in a lawfull course But whereas the said owners endeavoured to take those goods out of the Kings actuall possession by Writs or Plaints of Replevin which was no lawfull Action or course in the Kings case nor agreeable to his Regall prerogative Therefore the said Court of Exchequer being the Court for ordering the Kings Revenue did by those Orders and Injunctions stay those suites and did fully declare by the said Orders that the