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
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
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.