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
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
me leave that have not yet spoken in this great cause to give some apprehension to have a feare For it is in the Parliament to make a new Religion I hope shall it be in any to alter the body of the Truth waich we now professe I must confesse Sir amongst all these feares we have contracted there ariseth to me not one of the least dangers in the Declaration which is made and published in his Majesties name And yet Sir this conclusion exclusively let me say that I may not be mistaken what ever in that or other things shall appeare to carry mention of his Majestie we have not the least suspition or jealousie of him We have that comfort in his Pietie and Goodnesse as if there be any misprision or errour I hope it is by those Ministers about him which not onely he but all Princes are subject unto And to cleare that that Princes are subject to misinformation and many actions may be entituled to their names when there is no suspition of it to bee done by themselves we leave to looke backe to Presidents and other times and what I finde in our Stories may be usefull in this Antiochus King of Asia sent his Letters and Missives to his Provinces c. That if they received any dispatches in his name not agreeable to Justice Ignoto s◠litera◠esse scriptas ideoque eis parent I finde by Plutarch of great King Antiochus of Asia who faith that Princes are obnoxious to abuses of Ministers and yet could not at all times be prevented and therefore he sent Messengers and Letters to all his Provinces that if there were any Letters or Dispatches sent under his name that came to them that were not warrantable by Law and agreeable to Justice it could not be conceived to be done by him and therefore they should not give way to it Sir I finde in another Booke and beseech you let it be apprehended Gratian did not onely note and confesse the same but added the reason also which the Masters of the Civill Law can testifie from their Bookes wherein is thus expressed Quòd verecunda poenitentium inchoatione Principes saepe restringantur ut non concedenda concedant Because that oftentimes with importunitie of Ministers and those about them Princes are drawne to grant things by them not fit to be granted as it was in that so it may be in this I speake it to this end to draw this conclusion That if there be any thing that bars the Title of his Majestie it may be his Ministers farre be it from me to have any suspition of him And now to that particular in the Declaration wherein I confesse with me an apprehension of more feare then we have in all the rest for in all the particulars we heard what is said of Popery and Arminianisme it is that our Faith and Religion is in great danger but it is by degrees Here Sir like an Inundation it doth breake in at once that we are in danger to be ruined and overwhelmed For I beseech you marke the ground of our Religion it is conteined in the body of these Articles If there be any difference in opinion concerning the sence and interpretation the Bishop and the Clergie in the Convocation have power admitted to them to doe any thing that shall concerne the continuance and maintenance of the truth being conteined in these Articles being different in the sence so as if there be any dispute about it it is in them to order which way they please And for ought I know Popery and Arminianisme may be a sence introduced by them and then it must be received Is it a slight thing that the power of Religion should be left to the power of these men I honour their Professions and honour their calling in Reverend Bishops but I honour not these men give leave unto me to say the truth that we professe is not mens but Gods and God forbid man should be made to judge of the Truth Looke upon the conclusion they have made and from thence draw their arguments I remember a character I have seene in a Diary of Edward the sixt that young Prince of famous memory wherein he doth expresse the conditions of the Bishops and Clergie of his time under his owne hand-writing That some for sloath some for age some for ignorance some for luxury and some for Popery they were unfit for discipline and government I hope it is not so with us Nay give me leave to vindicate the honour of those men that openly shew their heart to the truth There are amongst our Bishops such as are fit to bee made examples for all ages who shine in vertue like those two faithfull witnesses in Heaven of whom we may say that Elegie which Seneca did of Caius that to their memories and merits No hoc quidem obstet quod nostris temporibus nati sunt To whose memory and merit I may use the saying that others faults are not prejudiciall to their vertues are so industrious in their workes that I hope posteritie shall know that they are men that are firme for the Truth But Sir that all are not such so free sound and orthodoxe in Religion as they should witnesse the men complained of and you know what power they have Witnesse the man nominated lately in Master Montagues I reverence the Order I honour not the man others may bee named as bad I apprehend such feare that should be in their power we may be in danger to have our whole Religion overthrowne But I give this for testimonie and thus farre expresse my Religion against all the power and opposition of these men or whensoever any opposition of these men shall come we shall maintaine the Religion we professe for that we have beene borne and bred nay Sir if cause be in that I hope to die Some of these Sir you know are Masters of Ceremonies and they labour to introduce new Ceremonies into the Church some Ceremonies are usefull give me leave to joyne with you in one that I hold necessary and commendable That at the repetition of the Creed we should stand up to testifie the resolutions of our hearts that we should defend the Religion we professe And as in some Churches it is added they did not onely stand upright with their swords drawne but said if cause were they did hope to defend their Prince Countrey and Religion and would draw their swords against all that opposed This I speake out of that care I have to preserve the honour of our King who I feare by these Innovations of Religion may have sought to undermine it But to come to the manner and methode of our proceedings having made the expression wherein if I have transgressed the rule propounded I receive your pardon I desire to avoid confusion and distraction that we may goe presently to the ground of our Religion and lay that downe a rule on which all others rest Then when that is
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