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
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
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
when we doe that which is just let there bee no feare or memory of breaches and let us now goe to the delinquency of these men and that is the way to procure satisfaction Secretary Cooke We laboured the last day to bring us to our end and now we fall to this issue to proceed to the delinquency of these men our ground is because they have no command from his Majesty I must speake plaine English his Majesty tooke notice of our labour last Saterday to sever the Act of the Customers from his Majesties command His Majesty commanded me to tell you that it concernes him in a high degree of Justice and Honour that truth be not concealed which is what they did was his owne direct order and command of the Councell Board himselfe being present and therefore he will not have it divided from his Act. Report was made from the Grand Committee that they tooke into their consideration the violation of the liberty of the House by the Customers and at last they resolved that a Member of the House ought to have priviledge of person and goods and the command of his Majestie is so great that they leave it to the House Secretary Cooke reported a message and command from his Majesty and said that howsoever the House laboured to sever the Kings interest His Majesty thinkes that this distinction will not cleare his Honour and he will not be drawne to doe that that may touch him though others may make distinctions Sir Robert Phillippes I had rather pray to God to direct us then give any direction Now the Kings Honour Justice and Government are presented to us and also the essentiall liberty of this House and are wee now fit for a debate In the greatest retirement our best thoughts are summoned to resolve what to doe Hereupon the House was adjourn'd till Wednesday next On Wednesday the 25. of February 1628. both Houses by his Majesties command were adjourn'd till Monday morning next Monday the second day of March Sir John Elliott made a Speech as followeth God knowes that I now speake with all duty to the King It is true the misfortunes we suffer are many We know what discoveries have beene made how Arminianisme creepes and undermines and how Popery comes upon us they maske not in strange disguises but expose themselves to the view of the world In search of these we have fixed our eyes not simply on the Actors the Jesuites and Priests but on their Masters those that are in authority thence it is we suffer the feare of them makes these interruptions You have some Prelates that are their Abettors That great Bishop of Winchester we know what he hath done to favour them The feare extends to some others that contract a feare of being discovered and they draw from thence this jealousie That is the Lord Treasurer a man in whose person all evill is contracted I finde him Acting and Building on those grounds laid by his Master the great Duke and his spirit is moving for this interruption and for this they breake Parliaments least Parliaments should breake them I finde him the head of all that great party the Priests and all the Jesuites derive from him their shelter and protection He dismayes our Merchants and hee it is that invites Strangers to come in to drive Trade to serve their owne ends Thus was put to Question but Master Speaker refused to doe it and said he was otherwise commanded by the King Whereupon Master Selden speake as followeth You Master Speaker say you dare not put the Question which we commanded you if you will not put it wee must sit still and so wee shall never be able to doe any thing they that come after you may say they have the Kings command not to doe it Wee sit here by the command of the King under the great Seale and for you you are by his Majesty sitting in his Royall Chaire before both Houses appointed our Speaker and you now refuse to be our Speaker The Protestation of the Commons in Parliament 1. Elliot Hollis Whosoever shall bring in an Innovation in Religion or by favour or countenance seeke to extend or introduce Popery or Arminianisme or other opinions disagreeing from the true and orthodoxe Church shall bee reputed a capitall enemy to this Kingdome and Common-wealth 2. Whosoever shall counsell or advise the taking and levying of the Subsidies of Tonnage and Poundage not being granted by Parliament or shall be an Actor or Instrument therein shall likewise be reputed an Innovator in the government and a capitall enemy to this Kingdome and Common-wealth 3. If any Merchant or person whatsoever shall voluntarily yeeld or pay the said Subsidies of Tonnage and Poundage not being granted by Parliament he shall likewise be reputed a betrayer of the liberties of England and an enemy to the same Thereupon the House was dissolved by Proclamation The Kings Speech upon Thesday the tenth-tenth-day of March 1628. My Lords I never came here upon so unpleasing an occasion being for the dissolving of a Parliament therefore many may wonder why I did not chuse to doe this by Commission It being the generall Maxime of Kings to lay harsh commands by their Ministers themselves onely executing pleasing things but considering that Justice is aswell in commending and rewarding of vertue as in punishing of vice I thought it necessary to come here to day to declare to you my Lords and all the world that it was only the disobedient carriage of the Lower House that hath caused this dissolution at this time and that you may Lords are so farre from being causers thereof that I have as much comfort in your obedience and by all your carriage towards me as I have cause to distaste their proceedings Yet that I may bee clearely understood I must needs say that they doe mistake me wonderously that thinke that I lay this fault equally upon all the Lower House for I know there are many there as dutifull loyall subjects as any are in the world for I know it was onely some Vipers amongst them that did cast this miste of disobedience before their eyes although there were some there that could not be infected with this contagion insomuch that some by their speaking which indeed was the generall fault on the last day of the Parliament did shew their obedience To conclude my Lords all those ill affected persons must looke to have their reward so you that are here of the Higher House may justly claime from me that protection and favour that a good King beares to his faithfull and loyall Nobilitie Now my Lord execute that I command you The Lord Keeper My Lords and Gentlemen of the House of Commons His Majestie doth dissolve this Parliament FINIS
done it will be time to take into consideration the breakers and oftendors against this rule in the next place But before we have laid downe that our worke will be in vaine therefore first to lay downe the proposition wherein we differ from the Arminians and in that I shall be ready to deliver my opinion and this is my humble motion It was ordered that a Committee should be appointed to pen an answer to his Majesties messages and to shew him that it is their resolutions to give him all expedition in his service and that they hold it not onely fit to give him thankes but rather to shew what perills we are in and that Tonnage and Poundage is their owne gift and it is to arise from themselves and that they entend not to enter into any thing that belongs not to them Thursday the 29. of Ianuary The former part of the day was spent in debating of the transportation of Corne and Victuals into Spaine and it was ordered that a message should be sent to his Majestie That it is now evident that divers Ships are bound for Spaine and to desire a stay of them after the House sate at a Committee about Religion After long debate it was resolved by the Commons House of Parliament concerning Religion as followeth That We the Commons now in Parliament assembled claime professe and avow for the Truth the sence of the Articles of Religion which were established in Parliament in the 13. yeare of our late Queen Elizabeth which by the publique Acts of the Church of England and by the generall and current Exposition of the Writers of our Church have beene delivered to us as we erect the sence of the Articles of Religion which were established in Parliament in the thirteenth yeare of our late Queene Elizabeth which by the publique Acts of the Church of England and by the generall and current Exposition of the Writers of our Church have beene delivered to us and we reject the sence of the Jesuites and Arminians and all other wherein they differ from us The House received an answer from his Majestie touching the Ships which was that he would consider of it and send them word in due time Friday the 30. of Ianuary A Committee of the Lower House went to the King in the Privy Chamber with the Petition of the â—ast and the Archbishop of Yorke after hee had made a short Speech presented it to his Majestie in the name of both Houses The Petition of both Houses for the Fast. Most Gratious Soveraigne It is the hearty and very earnest desire of us your most dutifull and loyall Subjects the Lords Spirituall and Temporall and Commons in this present Parliament assembled that this our meeting be abundantly blessed with all happy successe in the great and urgent affaires of Church and State upon which we are to consult and that by a cleare understanding both of your Majesties goodnesse to us and of our ever faithfull and loyall hearts to your Person and service all feare and distractions which are apparant signes of Gods displeasure and of ensuing mischiefe being removed there may be this Session and for ever be a perfect and most happy union and agreement between your Majesty and all the estates of your Realme but humbly acknowledging that this nor any other blessing can be expected without the favour of Almighty God upon the observation of the continued and encreasing miseries of the reformed Churches abroad whose cases with bleeding hearts we compassionate as likewise of those punishments already inflicted and which are likely in great measure to fall upon our selves We have just cause to conceive that the Divine Majesty is for our sinnes exceedingly offended with us We doe in these and all other pious respects Most Deare Soveraigne humbly beseech your Majestie that by your Royall commandement not onely our selves but all the people of your Kingdomes may be speedily enjoyned upon some certaine day by your Majestie prefixed by publique Fasting and Prayer to seeke reconciliation at the hands of Almignty God so that the Prayers of your whole Kingdome joyned with your Majesties most Princely care and the faithfull and hearty endeavours of this great Councell now assembled may procure glory to Almighty God in the preservation of his true Religion much honour to your Majestie prosperitie to your people and comfort to all your Majesties friends and Allyes The Kings Answer to the Petition for the East My Lords and Gentlemen The chiefest motive of your Fast being the deplorable estate of the reformed Churches abroad is too true and our duties are so much as in us lyeth to give them all possible helpe but certainly fighting will doe them much more good then fasting though I doe not wholly disallow of the latter yet I must tell you that the customes of Fasts every Session is but lately begun And I confesse I am not fully satisfied with the necessitie of it at this time yet to shew you how smoothly I desire your businesse to goe on eschewing as much as I can Questions or I doe willingly graunt your requests herein but with this note that I expect that shall not hereafter be brought into president for frequent Fasts except upon great occasions As for the forme and time I will advise with my Lords the Bishops and then send you a particular answer to both Houses The Declaration of the Commons Most Gratious Soveraigne We have within these three dayes received from your Majestie a message putting us in minde of our present entring upon the present consideration of a grant of Tonnage and Poundage but the manner of the possessing the House therewith being disagreeable to our orders and priviledges so that we could not proceed therein and finding our selves in your Majesties name pressed in that businesse and that we should give precedencie thereunto we cannot but expresse some sence of sorrow fearing least the most hearty and forward affections wherewith we desire to serve your Majestie are not clearely represented unto you besides such is the sollicitous care we have of preserving our selves in your Majesties most gratious and good opinion that it cannot breed but much trouble in us when ever we finde our selves as now we are enforced to spend that time in making our humble Apologies from whence doe usually arise long debates which we conceive might be very profitably applyed in the great services of your Majesty and the Common-wealth which we did with all humble diligence apply our selves unto and finding the extreame dangers wherewith our Religion is threatned clearely presenting themselves to our thoughts and considerations we thinke we cannot without impiety to God disloyaltie to your Majesty and unthankfullnesse to those from whom we are put in trust retarde our proceedings untill something be done to secure us in this maine point we preferre our lives and all earthly things whatsoever And here we doe with all humble thankfullnesse acknowledge your most pious care and Princely intentions to
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
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
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