hereby will and command you out of our Treasury remaining in the receipt of the said Exchequer forthwith to pay or cause to be paid unto Phillip Burlamachi of London Merchant the summ of 30000 l. to be paid by him over by Bill of Exchange unto the Low-Countries and Germany unto our trustie and well be loved Sir William Balfoore Knight and Iohn Dalber Esquire or either of them for levying and providing certain numbers of Horse with Arms for Horse and Foot to be brought over into this Kingdom for our service viz. For the levying and transporting of a 1000 Horse 15000 l. for 5000 Muskets 5000 Corslets 5000 Pikes 10500 l. and for 1000 Curasiers compleat 200 Corslets and 200 Carbines 4500 l. Amounting in the whole to the said summ of 30000 l. And this our Letter shall be your sufficient warrant and discharge in this behalf Given under our privy Seal at our Palace of Westminster 30. of Ianuary in the third year of our raign The Commission to the Lords and others of the privy Councel concerning the present raising of money CHARLES by the grace of God King of England Scotland France and Ireland defender of the faith c. To Sir Thomas Coventry Lord Keeper of the great Seal of England Iames Earl of Marlburgh Lord Treasurer Henry Earl of Manchester Lord President of the Councel Edward Earl of Worcester Lord Keeper of the privy Seal George Duke of Buckingham our high Admiral of England William Earl of Pembroke Lord Steward of our Houshould Phillip Earl of Mongommery Lord Chamberlain of our Houshould Theophilus Earl of Suffolk Edward Earl of Dorcet William Earl of Salisbury Thomas Earl of Exceter Iohn Earl of Bridgwater Iames Earl of Carlile Henry Earl of Holland William Earl of D. George Earl of Totnes Sir George Hay Knight Lord Chaunceller of Scotland William Earl of Morton Thomas Earl of Kelly Thomas Earl of Melros Edward Viscount Conway one of our principall Secritaries of State Edward Viscount Wimbleton Oliver Viscount Grandison Henry Viscount Falkland Lord Deputy of Ireland To the Lord Bishop of Winchester William Lord Bishop of Bath and Wells Fulk Lord Brook Dudly Lord Carleton vice Camberlain of our Houshould Sir Thomas Edmonds Treasurer of our Houshould Sir Iohn Savill Comptroller of our Houshould Sir Robert Nawton Master of our Court of Wards Sir Iohn Cooke one of the principal Secritaries of our State Sir Richard Weston Chancellor and under Treasurer of our Exchequer Sir Iulius Caesar Master of the Roll. Sir Humfry May Knight Chancellor of our Dutchy of Lancaster GREETING WHereas the present Conjuncture of the pressing affairs of Christendom and our own particular interest in giving assistance to our oppressed Allies and for the providing for the defence and safety of our own dominions And people do call upon us to neglect nothing that may conduce to those good ends And because monies the principall sinews of War and one of the first and chiefest in all great preparations and actions necessary to be provided in the first place and we are carefull the same may be raised by such ways as may best stand with the State of our Kingdoms and Subjects and yet may answer the pressing occasions of the present times We therefore out of the experience we have had and for the trust we repose in your wisdoms fidelities and dutifull care of your services and for the experience you have of all great causes concerning us and our State both as they have relation to forraign parts abroad and as to our Common-Wealth and People at home Ye being Persons called by us to be of our privy Councel have thought fit amongst those great and important matters which so much concern us in the first and chiefest place to recommend this to your speciall care and dilligence And we do hereby authorize and appoint and stricktly will and require you speedily and seriously to enter into consideration of all the best and speediest ways and means yee can for raising of money for the most important occasions aforesaid which without extreamest hazard to us our dominions and people and to our friends and Allies can admit of no long delay The same to be done by imposition or otherwise as in your wisdom and best Judgments ye shall finde to be most convenient in a case of this inevitable necessity wherein form and circumstance must be dispensed with rather then the substance be lost or hazarded And herein our will and pleasure is that you or as many of you as from time to time can be spared from attendant upon our Person or other our necessary services do use all dilligence by your frequent meetings and serious consultations and when you have brought any thing to maturity ye make report thereof unto us and advertise us of those things ye shall either resolve upon or thinck fit to represent unto us for the advancement of this great service which with the greatest affection we can we recommend to your best care and Iudgement Whereof you must not fail as you tender our honour and the honour and safety of our Dominions and People and for the doing hereof these presents shall be to you and every of you a sufficient warrant In witness whereof we have caused these our Letters to be made Letters Patents Witnes our selfe at Westminster the last day of February in the third yeare of our Raigne Per ipsum Regem Articles to be propounded to the Captains and Masters as well English as French touching the service in hand at ROCHEL 4. May 1628. the ships rideing before the Town 1. WHether in your opnion and judgments by the means and strength we have the Floates and Pallizadoes may be forced and the entrance into the Town may be thereby made for the victuallers 2. If you shall think it fit what in your opinions will be the best and readiest way to open the same 3. Whether you hold it fit to send in the victuallers at the same instant together with the fire ships and barks considering that if it should not take effect instead of relieving the Town we relieve the Enemy 4. If in this attempt part shall get through and the greater part be taken by the Enemies whether the service or dishonour will be greater 5. If in case you think it fit to give the attempt whether you hold it likewise necessary that the Merchant ships should second or follow them and how far you hold it safe for them to go 6. Whether the more to countenance the service you hold it fit for the Kings ships to put themselves under sail being they are to be exposed to shallow water and a narrow Channel and to lye under command of many of the Enemies Forts where by an unlucky accident many of them may be brought on ground and miscarry 7. You are here to deliver your opinions upon your allegiance the rather because the onely service the Kings ships there can do is to cause the Enemies Fleet which rides
viz. That his Majesty understanding that the Remonstrance was called for to take away all question commanded me to deliver it to you but hopeth that you proceed with the Bill of Tonnage and Poundage and give precedence to that business and to give an end to further dispute between some of his Subjects or else he shall think his Speech that was with a good applause accepted had not that good effect which he expected But before his Messege there was a report made by Mr. Pym for a Committee for Religion where a motion was made about the Remonstrance the last Session concerning that part which toucheth Religion and the Clark answered that by command from the King he delivered it to the Lord Privy Seal and so the Committee proceeded no farther SIr Walter Earl replied to the Message The last part of the Message calls me up For point of precedency Religion challengeth the precedence and the right of our best endeavors Vbi dolor ibi digitus I know justice and liberty is Gods cause but what will justice and liberty do when Popery and Arminianisme joyn hand in hand together to bring in a Spanish Tyranny under which those Laws and liberties must cease What hath been done for Religion since the last Session We know what declarations have been made what persons have been advanced what truthes confirmed by all Authority of Church Councels and King For my part I will forgo my life and estate and liberty rather than my Religion And I dare boldly affirm that never was more corruption between Religion and matters of state than is at this present time Humana consilia castigantur ubi coelestibus se praeferunt Let us hold our selves to method and that God that carried us through so many difficulties the last Parliament Session will not be wanting to us now Mr. Corrington LEt us not do Gods work negligently We receive his Majesties Message withall duty for our proceedings let us so proceed as it may soonest conduce to his Majesties desire Unity concerns all of us the unity of this house is sweet especially in Gods cause let us cry and cry again for this let us be resolved into a Committee and presently fall to debate thereof UPon Mr. Pyms motion It was ordered that Religion should have the precedency and that the particulars before named should be taken into consideration by a Committee of the whole House Wensday 28. Secretary COOKE delivered another Message from his Majesty HIs Majesty upon occasion of dispute in this House about Tonnage and Poundage was pleased to make a gracious declaration wherein he commended unto us the speedy finishing thereof and to give precedency thereto and since his Majesty understanding the preferring the Cause of Religion his Majesty expected rather thanks than a Remonstrance yet he doth not interrupt you so you do not intrench upon that which doth not belong unto you But his Majesty still commanded me to tell you that he expects precedency in Tonnage and Poundage assuring himself he hath given no occasion to put it back and so you will not put it off To this Mr. Long replied I Cannot see but with much sorrow how we are still pressed to this point I hoped those near the Chair would have truly informed his Majesty of our good intentions but we see how unhappy we are still some about his Majesty makes him diffident of us Sir Thomas Edmonds I am sorry this House hath given occasion of so many Messages about Tonnage and Poundage after his Majesty hath given us a full satisfaction You may perceive his Majesty is sensible of the neglect of his business we that know this should not discharge our duties to you if we should not perswade you to that course which should procure his Majesties good opinion of you Your selves are witnesses how industrious his Majesty was to procure you gracious Laws in his Fathers time and since that what enlargement he hath made of our liberties and yet still we give him cause to repent him of the good he hath done Consider how dangerous it is to Alienate his Majesties heart from Parliamens Mr. Corington When men speak here of neglect of duty to his Majesty let them know we know no such thing nor what they mean I see not how we do neglect the same I see it is all our hearts to expedite the Bill of Tonnage and Poundage in due time our business is still put back by these Messages and the business in hand is of God and his Majesty Things are certainly amiss and every one sees it and wo be to us if we present them not to his Majesty Sir Iohn Elliot His Speech to the same effect IT was ordered that a Committee should be appointed to pen an Answer to his Majesties Message and shew that it is their resolution to give him all expeditions in his service and that they hold it fit not onely to give him thanks but further to shew what perill we are in and that Tonnage is their own gift and it is to arise from themselves and that they intend not to enter into any thing that belongs not unto themselves Thursday 29. THe former part of the day was spent in dilating of the transportation of corn and victuals into Spain and it was ordered that Message should be sent to his Majesty that it is now evident that diverse ships are bound for Spain and to desire a stay of them After the House sat at a Committee about Religion after long debate it was resolved by the Commons-House as before Friday 30. THe House received an answer from his Majesty touching the Ships which was that he would consider of it and send them an answer in due time Also this day a Committee of the Lower-House went to the King in the Privy-Chamber with the Petition for the Fast and the Arch-Bishop of York after he had made a short Speech presented it to his Majesty in the name of both Houses To which the King answered Munday Febr. 2. THe Lower-House presented a declaration to his Majesty in answer to two Messages sent by him Tuesday 3. SEcretary Cook reported that himself and the rest of the Committees attended his Majesty upon Munday and he said For my part I have used all diligence to do all the commands of my Master and this House and I find that some exceptions have been taken at some words by me used when I delivered the Bill of Tonnage and Poundage Indeed I used many Arguments in speaking of his Majesty I said it much concerned him and that his Majesty much desired it and I required it in his name which I did not intend but to avoide dispute and I said not this was an ordinary revenue but this Tonnage was the means to inable his Majesty to set his Fleet to sea After this Apology he read his Majesties answer to the Petition of the Lower-House Sir Iohn Elliot Mr. Speaker I confess this hath given great satisfaction for present
he could produce none at all but he said he thought the Testimony of it was burnt among many other things of the Councel-table at the burning of the banquetting house To the 9. being Harecourts Case H. 40. Eliz. Rot. 62. the self same Objection was made by him but no warrant was shewed to maintain his Objection To the 10. which is Catesbyes Case in vacatione Hill 43. Eliz. he said that it was by direction of a privy Seal from the Queen and to that purpose he shewed the Seal of 43. Eliz. which is at large among the Transcripts of the Records concerning bails taken in Cases where the King or the Lords assented But it was replied that the privy seal made onely for some particular Gentlemen mentioned in it and for none other as indeed appears in it and then he said that it was likely that Catesby here had a privy seal in his behalf because those other had so which was all the force of his Objection To the 11. of these which is Beckwiths Case in Hill 12. Iacobi Rot. 153. he said that the Lords of the councel sent a letter to the Court of Kings-Bench to bail him And indeed he produced a letter which could not by any means be found when the Arguments were made at the first conference and this letter and a coppy of an obscure Report made by a young student which was brought to another purpose as is hereafter shewed were the onely things written of any kinde that Mr Attorney produced besides the particulars shewed by the house of Commons at the first conference To this it was replied that the letter was of no moment being onely a direction to the Chief Iustice and no Matter of record nor any way concerning the rest of the Iudges And besides either the Prisoner was bailable by the Law or not bailable if bailable by the Law then was he to be bailed without any such letter if not bailable by the Law then plainly the Judges could not have bailed him upon the letter without breach of their oath which is that they are to do Iustice according to the Law without having respect to any command whatsoever so that letter in this Case or the like in any other Case is for point of Law to no purpose nor hath any weight at all by way of Objection against what the Record and the Judgment of the Court shews us To the 12. and last of these which is Sir Thomas Monsons Case in the 14. Iacobi Rot. 147. the same Objection was said over by him which was mentioned and clearly answered in the Argument and that one ground which is infallible That the Iudgment upon a return is to be made onely out of what appears in the body of the return it self was again insisted upon in this Case as it was also in most of the rest And indeed that alone which is most clear Law fully satisfies almost all kinds of Objections that have been made to any of these presidents which thus rightly understood are many ample Testimonies of the Judgments of the Court of Kings-Bench touching this great point in the several ages and raignes of the several Princes under which they fell After his Objections to the 12. and the Replies and satisfactions given to those Objections he came next to those wherein the Assent of the King and privy Councel appears to have been upon the enlargment but he made not to any of those any other kinde of Objections then such as are mentioned and clearly answered as they were now again in the Argument made at the first conference And for so much as concerns Letters of assent or direction the same was here said again by way of Reply to him as is before said touching the letter in Beckwithes case After these were dispatched he came to urge the eight Presidents which seemed to make for the other side against the resolution of the House of Commons which eight were used and Coppies of them also were given in to the Lords at the first conference Of these eight the first 4. were urged by him as being of one kinde the difference of them onely being such that save onely in the names of Prisons and of Persons they are but the self same The force of these four he objected thus that Richard Everard for the purpose in the first of them which is 5. H. 7. Rot. 18. Roger Cherry in the second of them which is 8. H. 7. Rot. 12. Christofer Burton in the third of them which is 9. H. 7. Rot. 14. and George Urswick in the fourth of them which is 19. H. 7. Rot. 33. were returned into the Kings-bench upon several Writs of Habeas corpus to have been committed and detained in the several Prisons whence they came per mandatum Domini Regis that upon that return they were committed to the Marshall of the Kings-bench and that however it had been objected against those Presidents that this kinde of commitment was by the course of that Court alwayes done before the bayling of the Prisoner Yet that it did not appear that they were bayled The Reply to this Objection was That by constant course of Kings-bench whosoever came in upon Habeas Corpus or otherwise upon any Writ in that Court cannot be bayled untill he be first committed to the Marshall of that Court and that thence it was that all those 4. were committed to the Marshall as appears by the entry Qui committitur Mareschallo c. which is the usual entry in such a case and that the Clerks of that Court acknowledge this course and entry to be most constant So that all the inference that can be made out of these four is but that four Prisoners being brought from several Prisons by Habeas Corpus into the King-bench and return'd to stand committed per mandatum Domini Regis were so far from being remaunded by the Law that in all these four cases they were partly first taken from the several Prisons wherein they had been detained by such a general command which could not have been if they had not been adjudged in every one of the cases to have been baylable by the Court and that this commitment of them to the Marshall of the Kings-bench was the first step towards the bayling of them as in all other cases But that it appears not that either they ever demaunded to be bayled or that they were able to finde sufficient bayl And if they did not the one or could not do the other it may follow indeed that they were not bayled But this commitment to the Kings-bench being the first step to the bayling of them as by the constant course it is shews most plainly that they were baylable by the Law which is the onely thing in question So that although these 4. Presidents were rancked among them that may seem to make against the resolution of the House of Commons which was done both because they have this small colour in them
April 1628. Mr. Speaker WE are now upon a great business and the manner of handling it may be as great as the business it self I need not tell you that Liberty is a pretious thing for every man may set his own price upon it and he that doth not value it deserves to be valued accordingly for my own part I am clear without scruple that what we have resolved it according to Law and if any Judge in England were of a contrary opinion I am sure we should have heard of him before now Out of all question the very point the scope and drift of Magna Charta was to reduce the Regal to a Legal power in matters of imprisonment or else it had not been worth so much contending for But there have been Presidents brought to prove the practise and interpretation of the Law I confess I have heard many Presidents of utillity and respect but none at all of truth or of Law Certainly there is no Court of Justice in England that will discharge a Prisoner committed by the King Rege inconsulto without acquainting the King yet this good manners was never made or mentioned as a legal part of the delivery It is Objected that the King ought to have a trust left and deposited in him God forbid but he should And I say that it is impossible to take it from him for it lies not in the wit of man to devise such a Law as should be able to comprehend all particulers all accidents but that extraordinary cases must happen which when they come If they be disposed of for the Common good there will be no Law against them yet must the Law be general for otherwise admissions and exceptions will fret and eat out the Law to nothing God himself hath constituted a general Law of nature to govern the ordinary course of things he hath made no Laws for miracles Yet there is this observation of them that they are rather praeter naturam then contra naturam and alwayes propter bonos fines for Kings Prerogatives are rather besides the Law then against it and when they are directed to right ends for the publick good they are not onely concurring Laws but even Laws in singularity and excelling But to come nearer M r. Speaker let us consider where we are now what steps we have gone and gained the Kings learned Councel have acknowledged all the Laws to have been still in force the Judges have disallowed any Judgement against these Laws the Lords also have confessed that the Laws are in full strength they have further retained our resolution intire and without prejudice All this hitherto is for our advantage but above all his Majesty himself being publickly present declared by the mouth of my Lord Keeper before both the Houses that Magna Charta and the other six Statutes are in force that he will maintain his Subjects in the liberty of their Persons and the propriety of their goods that he will govern according to the Laws of the Kingdom this is a solemne and bindeing satisfaction expressing his gracious readiness to comply with his People in all their reasonable and just desires The King is a good man and it is no diminution to be called so for whosoever is a good man shall be greater then a King that is not so The King certainly is exceeding tender of his present Honour and of his same hereafter he will think it hard to have a worse mark set upon him and his Government then any of his Ancestors by extraordinary restraints his Majesty hath already intimated unto us by a message that he doth willingly give way to have the abuse of power reformed by which I do verily believe that he doth very well understand what a miserable power it is which hath produced so much weakness to himself and to the Kingdom and it is our happiness that he is so foreward to redress it For my own part I shall be very glad to see that good old decrepit Law of Magna Charta which hath so long kept in and lain as it were bedrid I should be glad I say to see it walk abroad again with new vigour and lustre attended by the other six Statutes questionless it will be a general hartning to all the People I doubt not but by a debating conference with the Lords we shall happily fall upon a fair and fit accommodation concerning the Liberty of our Persons and propriety of our goods I hope we have a Bill to agree in the point against imprisonment for Loanes or privy Seals as for intrincical power and reason of State they are matters in the clouds where I desire we may leave them and not meddle in them at all least by way of admittance we may loose somewhat of that which is our own already Yet this by the way I will say of reason of State that in the latitude as it is used it hath eaten out almost not onely all the Laws but all the Religion of Christendom Now M r. Speaker I will onely remember you of one precept and that of the wisest Man Be not overwise be not over just and he cited his reason for why wilt thou be desolate Sir if Justice and Wisedom may be stretcht to desolation let us thereby learn that moderation is the virtue of virtues and the wisedom of wisedomes Let it be our Master-piece so to carry our business as we may keep Parliaments on foot for as long as they are frequent there will be no irregular power which though it cannot be broken at once yet in short time it will fade and moulter away there can be no total and final loss of Liberty but by loss of Parliaments as long as they last what we cannot get at one time we may have at another Let no man think that what I have said is the language of a private end my aim is upon the good success of the whole for I thank God my minde stands above any fortune that is to be gotten by base and unworthy means No man is bound to be rich or great no nor to be wise but every man is bound to be honnest out of which heart I have spoken The Lord KEEPERS speech 28. April 1628. MY Lords Knights and Burgesses of the House of Commons I cannot but remember the great and important affairs concerning the safety both of State and Religion declared at first from his own mouth to be the cause of assembling this Parliament the fear whereof as it doth dayly increase with his Majesty so it ought to do and his Majesty doubts not but it doth so with you since the danger encreaseth every day both by effluction of time and preparation of the enemy Yet his Majesty doth well weigh that this expence of time hath been occasion by the debate that hath risen in both Houses touching the Liberty of both Subjects in which as his Majesty takes in good part the purpose and intent of the Houses so clearly and
happy conclusion and to the King's honour and our own safety Great and weighty things wound deep Cast your eyes which way you please and you shall see violations on all sides look at the liberty of the subject look on the priviledge of this House let any say if ever he saw the like violation by inferiour Ministers that over-do their command nay they say if all the Parliament were in you this would we do and justifie If we suffer the liberty of this House to wither out of fear or complement we give a wound to the happiness of this Kingdom Here the course of justice was interrupted and order in the Exchequer was made for stay of the goods since here is a seizure upon the approach of Parliament of goods amounting to 5000. l. for a pretended duty of 200 l. In the sight of King Iames by reason of the sickness that then was the Parliament was prorogued and then there was some boldness to take this 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 consider of these proceedings Mr. Littleton HEre Mr. Littleton made a short speech to second him and all to the same purpose but for brevity sake I omit it M. Littleton we have had good admonitions and have followed them we have moderation preached unto us in Parliament and we follow I would others did the like out of Parliament Let the parties be sent for that violated the liberties of the Parliament and have their doom This Speech was occasioned by Setretary Cook who in his Speech desired moderation might be used Sir Iohn Elliot I See by this Relation what cause we have to be tender of the liberty of the Kingdom and this House and yet withall to return that moderation as to give satisfaction to the world that our hearts are fixed to serve his Majesty and to free us from ofter of jealousie 3 Things are involved in this complaint First the Right of particular Gentlemen Secondly the Right of the Subject Thirdly the Right and priviledge of this House Let the Committee consider of the 2 former but for the violation of the liberty of this House let us not do less than our fathers Was ever the information of a Member committed to a Committee Let us send for the parties Is there here a bare denial of the restistution of the goods was it not also said that if all the Parliament were contained in him they would do as they did Let them be sent for It was ordered that the Officers of the Custome-house should be sent for Mr. Selden REported from the Committee concerning the printing of the Petition of Right that there were printed 1500 without any addition at all which were published in the time of the last Parliament but since the Parliament other Copies have been printed and these supprest and made waste paper which the Printer did as he said by command from Mr. Attorny which he received from his Majesty and the Printer further said that the Attorney was with the Lord Privy Seal at White-Hall and there delivered unto the Printer sundry papers with diverse hands to them and on the backside was endorsed thus We will command you that these copies be printed Friday 23. HIs Majesty sent the House a Message to this effect That he willed them to cease from the former debate of Tonnage and Poundage till the next day in the after-noone and that he would speak with them the next day in the after-noone at White-Hall in the Banqueting-house Saturday 24. THe King made a Speech to that purpose Munday 26. MR. Walter did inform the House that diverse ships were laden with corn for Spain whereupon a Committee was appointed to inquire of the trading into Spain and to other enemies transporting corn and other Munition thither it is also ordered that some of the prime Councel should presently move the King about stay of the ships MR. Secretay Cook then moved that the Bill of Tonnage and Poundage might be read and after some debate it was diverted and they fell upon points of Religion the which Mr. Rowse did first mention See his former Speech at large Sir Francis Beamor IF Religion be not a Rule to all our actions what pollicy can we have If God fight not our battailes the help of man is in vain In our defect the cause thereof is our defect in religion and the sin is Idolatry and Popery Papists encrease now more than ever they did neither do 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 goodness and publick profession and contrary to his many proclamations and many instructions to the Judges and whatsoever is done in the country is undone above Mr. Kirton IF ever now it is time to speak We see what men are raised to preferment if we look not to it I shall more fear it than the Spanish Armado or the loss of the Sound Mountague was here questioned We see the King to all our comforts is right it comes not from him but some that are too near him are too busie in this The ambition of the Clergy brought these stories We see pulpits are full of them we see some that wear white and black 't is more than Mountague let us bend our wits to reforme them Mr. 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 any heart more to see our Religion go away and designes made of it and Arminianism still to encrease as it doth If do admi I do perswade my self the greater part of the Clergy Nobility and Gentry are firm but it is the desire of some to labour to bring in a new faction of their own and so to drop into the ears of his Majesty that those that oppose them oppose his Majesty and so they put him upon designes that stand not with publick liberty that he commands what he lists with Lives Goods and Religion and doth as he pleaseth and so they involve all true hearted English-men and Christians under the name of Puritans and so make their quarrel to be his Majesties which is treason of the highest quality Tuesday 27. A Petition was exhibited concerning one Lewis that said about the 25 of December The Devill take the Parliament which was avowed by 2 witnesses It was resolved to be an offence to the Parliament and it was ordered he should be sent for SIr Nathaniel Rich tendered a Petition touching the Fast which was agreed to be preferred to the King It was ordered that a conference should be desired with the Lords about this Petition who were desired to joyn with the lower House which was done accordingly THe King sent a Message by Secretary Cooke to this effect
That Mr. Attorney having made a rough Draught being often urged to expedition by the Bishop of Winchester he sent the same to the Bishop who inter-lined and corrected the same adding the names of Cosens Manwering and Sibthorp to the pardon That Mr. Attorney may be asked whether any of these Lords were made acquainted with the affidavit about Cosens A Messenger is sent to the Lord Keeper to know the reason wherefore he made stop of the Great Seal and by what solicitations he was prest thereunto Thursday 5. A Petition in complaint of an imposition upon Mault by the Citie of London was this day preferred to the House which is prefered to the Committee for Grievances Some differences being observed in the Articles as in the twentieth Article c. a Committee is to Compare the old and new Articles with the Records at Lambeth and consider how all those differences come in Mr. Long COmplaineth that a Prosecution hath been against him in the Star-chamber for sitting in this House the last Session he being High Sheriff of Wiltshire and chosen Burgess of Bath in Somersetshire The Preachers are to be chosen to morrow at the Committee for Religion Mr. Ogle IS called who averreth his Petition and will prove the same by witnesses It is Ordered that Cosens shall have intimation to attend to answer here if he will on Munday come fortnight to be sent for by a Serjeant at Arms and if he be not of the Convocation but if he be then to have notice by the Speakers letters and if thereupon he appear not then to proceed with him as is usuall in like Cases If Witnesses be sent for to this House in any Publick business they are to pay their own Charges Secretarie Gook SAith He hath very now received from a Noble person this Message from his Majestie That he hath appointed the eighteenth of this Moneth for the Fast for this place and the twentieth of the next Moneth for the whole kingdom Sir Robert Phillips MOveth in the behalf of the Lord Peircie that having a Cause in dispute in the Lords House and three Members of this House being of his Counsel desires they may have leave to plead his Cause Which being conceived to be a Cause that is not to receive any Judgement here it is granted Friday A Petition exhibited against one Wittington a Papist in Northumberland Ordered to be sent for by a Serjeant at Arms. Mr. Harris of St. Margarets Westminster Mr. Harris of Hanwell in Oxfordshire Mr. William Fitz-Ieofferies of Cornwall are chosen for three Preachers for the day of the Fast and for the precedence is referred to the Preachers themselves Mr. Shervill REported one Parson Scall procured the Pardon for Mountague one Bartholomew Baldwin solicited the Pardon for Manwering There is also another Pardon found to be granted to Manwering pardoning the Judgement late he had given by the High Court of Parliament and all sums due to the King thereby Sir Nathaniel Ritch THat we may do somewhat which may give content to those who sent us hither and make expedition to the business of his Majestie and the Common-wealth That therefore the business of Mr. Mountague may be expedited to the Lords that they may enter into these things as well as we The Councel of Mr. Iones the Printer are to be heard upon Munday next Sir O. Roberts REporteth from the Committee sent to Mr. Attorney that Mr. Attorney staid for the Affidavits taken by Sir Euball Thelwall That one Heath a Gentleman of Grays-Inne told Mr. Attorney that Cosens should say that the King was not supream of the Church and that he had no more to do with Religion than he that rubs his horse heels Mr. Attorney acquainted the King whereupon the King charged him to make a strict Inquisition herein but the King would not believe the same to be true Mr. Attorney sent for his Kinsman again and being examined he said so as affidavits were made thereon There was further certificate from the Dean and others at Durham so that the business was much lessened thereby but Mr. Attorney pressing the business further casually met with the Bishop of Winchester who said to Mr. Attorney that this business will come to nothing and King that made the affidavit was but a vain fellow The Affidavit of Thomas King was read which verifieth the same Mr. Selden made the rest of this Report and delivered the Warrant by which Mr. Attorney drew the Pardons for the Bishop of Winchester The effect was that what Mr. Mountague had done or writ was not out of any ill meaning such a Pardon should be drawn as Mr. Mountagues Councel should direct This Warrant was under the Lord Dorchester being the Lord Carleton Mr. Selden delivereth likewise the Copie of the Pardon interlined and razed by the Lord Bishop of Winchester Sir Iohn Elliot HEre is high Treason upon oath a Deposition upon oath an opposition is not in Law to be admitted for here is not onely an Admission but an Invitation of Certificates for defence and allowed to sway the case of so high a nature that therefore the parties that made the Affidavits and Mr. Attorney may be examined to make a better disquisition in this for I fear the intimation of the Bishop of Winchester swayed too far with Mr. Attorney Be matter true or false the neglect of the dutie of the Attorney is not to be excused I am much grieved to see his Majesties mercie run so readily to these kind of persons and his justice so readily upon others trifling occasions nay upon no occasions nay upon no occasion onely the misinformation of some Minister Mr. Attorney being by Writ to attend the Lords House cannot be injoyned to attend this House or to appear upon Warrant wherefore Mr. Littleton and Mr. Selden being of the same Inne of Court have undertaken to give notice to Mr. Attorney that there being as accusation here against him he may here answer and satisfie the House on Munday next Saturday A Bill against Spirituall Symonie and a Bill against buying or selling of places of Judicature Mr. Kirton moved That a time may be appointed to take into consideration the business of Tonnage and Poundage Sir Walter Earl secondeth his motion that all the world may know that we will give to God that which is Gods and to Cesar that which is Cesars and to our Countrey that which is theirs Sir Walter moveth That the Merchants may have their goods and that his Majestie may be moved therein It is Ordered That the House on Tuesday next in a Committee shall take into consideration the business of Tonnage Poundage and all things incident thereto Mr. Shervill is nominated to take the Chair of the Committee Sir Rober Phillips REported from the Committee for Course of Justice A Petition of Complaints was exhibited by Mr. Noell a Member of this House against Sir Ed. Moseley Attorney of the Dutchie Court and his man in point of injustice That