it no small degree derogatorie to the very foundation of Nobility it selfe which is the step and circle that compasseth your Royall Throne that those who beare a Title and claime a precedencie before many of us should fall so low in the peoples eyes and esteeme as to be daily subject to Arrests of their persons and all other circumstances of disrespects which your meanest subjects undergoe being in the eye of the Law but Commoners To conclude this our cause of griefe being in our opinion the practise of it new and unusuall in the consequence of it not without danger and discontentment to your Realme and subjects of all degrees in the nature of it contrary to the foundation of the grounds of Honour laid in this Kingdome and in the whole course of it breeding ill effects to the service of your Majestie and the publique and dis-value and contempt to Nobility it selfe which is the degree interposed immediately betwixt your Majesty and your people Wee can no where so justly appeale as to your Majesty the fountaine of Honour for a timely remedy against this great and growing inconvenience both for the present and future And as your Majesties Honour is equally discerned in this with the interest of your Kingdomes and Subjects so wee doubt not but it shall appeare to the world that your Majesties gracious care to reduce and maintaine your Nobility in their ancient lustre shall equally tend to your Majesties service and happinesse and to our contentment Sir Nathaniel Rich. 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 M. Long. 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 Sir Iohn Elliott 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 Sir Iohn Elliott 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 Sir Nathaniel Rich. 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 Sir Henry Martin 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 At the Committee for Religion Master Strowde 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 Chancellour of the Dutchie 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 Sir Iohn Elliott You see as by the last answer from the Exchequer the 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
of this House Master Long moved that hee might bee sent to the Tower Sir Francis Seymor 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 M. Selden 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 M. Kirton 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 M. Littleton 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 Sir Benjamin Rudiardes 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 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 M. Selden 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 At the Committee for Religion 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 M. Selden 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 M. Kirton That Doctor Marshall and Doctor Beard may bee sent for That this Bishop though he hath leapt thorow many 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 Sir Iohn Elliott 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 M.
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
THE DIURNALL OCCVRRENCES of every dayes proceeding in PARLIAMENT since the beginning thereof being Tuesday the twentieth of Ianuary which ended the tenth of March Anno Dom. 1628. With the Arguments of the Members of the House then assembled LONDON Printed by R. H. and are to be sold by William Cooke at Furnivals Inne Gate in Holborn Anno Dom. 1641. A TRVE RELATION of every dayes proceeding in PARLIAMENT since the beginning thereof being Tuesday the 20. of Ianuary An. Dom. 1628. 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 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 at Barre 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 5000 l. 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 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 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
owners if they conceived themselves wronged might take such remedy as the Law alloweth Richard Weston Iohn Waller Thomas Trevers Lo Newburgh Iohn Denham George Vernon M. Kirton We looked for satisfaction but now you see a justification 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 M. Selder 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 The Petition of the Lords to his Majestie Presented at White-Hall the 24. of February 1628. In all humility sheweth unto your most Excellent Majesty your ever loyall Subjects the Lords Spirituall and Temporall now in Parliament assembled That whereas the Peeres and Nobilities of this your Realme of England have heretofore used in curtesie to affoord precedencie according to their severall degrees unto such of the Nobility of Scotland and Ireland and being in title of Honour above them have upon occasion resorted hither and remaining here in your Majesties service which we are most willing should be still observed as a Civilitie tending to the great honour of our Nation Now divers of your naturall borne Subjects of this Kingdome where both themselves and their families doe reside and have their chiefest estates and possessions amongst us having of late beene created some Barons some Viscounts and some Earles within these your Kingdomes of Scotland and Ireland doe by reason claime as of right to take place and have precedencie of the Peeres and Nobilitie of England and their children within this Realme which wee doe conceive doth not belong unto them by any grant from your Majestie and tends both to the disservice and prejudice of your Majestie and your Realme and to the great disparagement of your English Nobilitie as by the Reasons hereunto annexed doth appeare We therefore beseech your most Excellent Majesty of whose tender care to preserve the ancient honour and dignitie of your Nobilitie we are throughly perswaded that your Majesties wisedome and goodnesse will be pleased according to the examples of the best Princes and times upon the considerations of the manifold inconveniences which practice and observation hath brought to light being represented to your Majestie by the nearest body of honour unto you and neareliest concerned in this and offered with as much faith and humility as they can devise for the avoyding of all debate and contention which upon this occasion may arise either for the present or future that some such course and order may be timely setled therein by your Princely wisedome and that thereby the inconveniences of your Majesties service might bee prevented and that the prejudice and disparagement of your Peeres and Nobilitie of this Kingdome may bee redressed Reasons delivered to the King upon the Petition the 17. of February Anno 1628. We held it to be new and not warranted by any ancient presidents that subjects of this Kingdome whose habitations estates and possessions are principally within this your Majesties Realme should have titles of honour in other Kingdomes where they have small or no estates of aboade That it may be the cause of great discontentments to your Majesties subjects in Ireland that such a number of those who have no estate to oblige them to the defence of that Kingdome should have voyces in Parliament there to make Lawes As also that may bee of great danger to the Countrey if times of hazard should come which weighty consideration hath wrought so farre with your Royall Predecessours and the whole State as an Act of Parliament was passed which tooke away great estates of land in reland from some of the no blest Families of this Kingdome onely in contemplation of their want of Residencie whereupon their lands might endanger the losse of that Kingdome That it is of great disservice to your Majestie and this Countrey that those which live amongst us should by forreigne titles seeke to exempt themselves from those services of trust and charge which others as of good birth and estate here undergoe daily whereby it happeneth that either persons of good quality are more frequently burthened or the charge falls upon them of meaner condition and lesse ability not without prejudice of the service and discontentment of the subject that undergoe it as also of losse to your Majesty and griefe to your subjects in those places where the honour is given that although they draw from your Majesties coffers creations and money yet they doe not helpe or assist them to any necessary charge or contribution That it is conceived to be contrary to the fundamentall Lawes of this Kingdome that any should be invested with an hereditary honour where he hath not an estate both to oblige him and his to the defence of that Kingdome and make himselfe by that responsible to the Justice of that place where his person is priviledged and of great griefe to your faithfull Nobility of this Realme who have yeelded to no Nation in Civility but in curtesie to strangers That they should be disturbed in those rankes and degrees which the grace of Princes grounded upon merits long time have settled them in by others of their owne Nation of meaner quality in whom little cause appeares but ambition to precede others without ground of merit or estate to warrant it in those places where they have sought Titles it being a great diminution to your Nobility and their children and the ancient Gentry of this Kingdome That Honour both in the nature it selfe and practise of former times being atchieved principally by vertue and desert and it being one of the chiefest markes by which the best of Princes make impressions thereof and discend hereditarily in the most deserving Families which was by generous spirits esteemed above all other rewards We leave unto your Majesties prudent consideration of how great inconveniencie it is to alter or lessen the value of the reward which was of so much honour and no charge to your Majestie and of so great contentment and ease to your Majesties people which may bee demonstrated in many particulars too long now to rehearse Further we hold
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 Sir Nathaniel Rich. 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 Sir Iohn Stanhope 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. Master Dawes 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 M. Carmarthen 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 M. Selden 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 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 Sir Iohn Elliott 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 Sir Iohn Wolstenholme 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 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 Master Glanvile 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 At the Committee for Merchants 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