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
owners if they conceived themselves wronged might take such remedy as the Law alloweth Richard Weston Iohn Waller Thomas Trevers Lo Newburgh Iohn Denham George Vernon M. Kirton We looked for satisfaction but now you see a justification of their Actions I therefore desire wee may now proceed to consider of their proceedings and whether ever the Court of Exchequer held this course before the staying of Replevies and whether this hath beene done by the Regall prerogative of the King in his Court of Exchequer Ordered that a select Committee of Lawyers and Chequer-men shall take this into hand M. Selder We have delayed the proceedings with the Customers expecting some good successe from the Exchequer but finding it otherwise I desire the Customers may be called to the Barre on Monday next which is ordered at the Committee of Religion Sir Thomas Hobby reported from the Committee for the Examination of the Keeper and Clerke of Newgate concerning the Priests there being a Warrant under Master Attornies hand for the delivery of these persons A Warrant under the Lord Chiefe Justices hand according to a Letter which hee received from the Lord of Dorset signifying it was his Majesties pleasure that the Priests condemned should bee reprieved Another Warrant under Master Attornies hand in the Kings name to release the nine other persons The Petition of the Lords to his Majestie Presented at White-Hall the 24. of February 1628. In all humility sheweth unto your most Excellent Majesty your ever loyall Subjects the Lords Spirituall and Temporall now in Parliament assembled That whereas the Peeres and Nobilities of this your Realme of England have heretofore used in curtesie to affoord precedencie according to their severall degrees unto such of the Nobility of Scotland and Ireland and being in title of Honour above them have upon occasion resorted hither and remaining here in your Majesties service which we are most willing should be still observed as a Civilitie tending to the great honour of our Nation Now divers of your naturall borne Subjects of this Kingdome where both themselves and their families doe reside and have their chiefest estates and possessions amongst us having of late beene created some Barons some Viscounts and some Earles within these your Kingdomes of Scotland and Ireland doe by reason claime as of right to take place and have precedencie of the Peeres and Nobilitie of England and their children within this Realme which wee doe conceive doth not belong unto them by any grant from your Majestie and tends both to the disservice and prejudice of your Majestie and your Realme and to the great disparagement of your English Nobilitie as by the Reasons hereunto annexed doth appeare We therefore beseech your most Excellent Majesty of whose tender care to preserve the ancient honour and dignitie of your Nobilitie we are throughly perswaded that your Majesties wisedome and goodnesse will be pleased according to the examples of the best Princes and times upon the considerations of the manifold inconveniences which practice and observation hath brought to light being represented to your Majestie by the nearest body of honour unto you and neareliest concerned in this and offered with as much faith and humility as they can devise for the avoyding of all debate and contention which upon this occasion may arise either for the present or future that some such course and order may be timely setled therein by your Princely wisedome and that thereby the inconveniences of your Majesties service might bee prevented and that the prejudice and disparagement of your Peeres and Nobilitie of this Kingdome may bee redressed Reasons delivered to the King upon the Petition the 17. of February Anno 1628. We held it to be new and not warranted by any ancient presidents that subjects of this Kingdome whose habitations estates and possessions are principally within this your Majesties Realme should have titles of honour in other Kingdomes where they have small or no estates of aboade That it may be the cause of great discontentments to your Majesties subjects in Ireland that such a number of those who have no estate to oblige them to the defence of that Kingdome should have voyces in Parliament there to make Lawes As also that may bee of great danger to the Countrey if times of hazard should come which weighty consideration hath wrought so farre with your Royall Predecessours and the whole State as an Act of Parliament was passed which tooke away great estates of land in reland from some of the no blest Families of this Kingdome onely in contemplation of their want of Residencie whereupon their lands might endanger the losse of that Kingdome That it is of great disservice to your Majestie and this Countrey that those which live amongst us should by forreigne titles seeke to exempt themselves from those services of trust and charge which others as of good birth and estate here undergoe daily whereby it happeneth that either persons of good quality are more frequently burthened or the charge falls upon them of meaner condition and lesse ability not without prejudice of the service and discontentment of the subject that undergoe it as also of losse to your Majesty and griefe to your subjects in those places where the honour is given that although they draw from your Majesties coffers creations and money yet they doe not helpe or assist them to any necessary charge or contribution That it is conceived to be contrary to the fundamentall Lawes of this Kingdome that any should be invested with an hereditary honour where he hath not an estate both to oblige him and his to the defence of that Kingdome and make himselfe by that responsible to the Justice of that place where his person is priviledged and of great griefe to your faithfull Nobility of this Realme who have yeelded to no Nation in Civility but in curtesie to strangers That they should be disturbed in those rankes and degrees which the grace of Princes grounded upon merits long time have settled them in by others of their owne Nation of meaner quality in whom little cause appeares but ambition to precede others without ground of merit or estate to warrant it in those places where they have sought Titles it being a great diminution to your Nobility and their children and the ancient Gentry of this Kingdome That Honour both in the nature it selfe and practise of former times being atchieved principally by vertue and desert and it being one of the chiefest markes by which the best of Princes make impressions thereof and discend hereditarily in the most deserving Families which was by generous spirits esteemed above all other rewards We leave unto your Majesties prudent consideration of how great inconveniencie it is to alter or lessen the value of the reward which was of so much honour and no charge to your Majestie and of so great contentment and ease to your Majesties people which may bee demonstrated in many particulars too long now to rehearse Further we hold
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
he passed over the matter so sleightly Consider the person of the man in question not onely suspected but charged as Arminians and one that is obnoxious It is ordered that the witnesses should bee sent for It was moved that Master Attorney should be sent for but they made a question whether they could send for him or no if he attended by Writ in the Lords House Thereupon it was ordered that intimation should be given him to be there on Monday next to give in satisfaction to the House for his not proceeding against Cozens having two Affidavits Saterday the 7. of February Anno 1628. Sir Dudley North informed the House that one Doctor Moore attending the Bishop of Winchester upon an occasion the Bishop told him that hee had often heard him preach before King Iames and that hee used to preach against Popery which hee said was well liked of then but now you must not doe so whereupon the Doctor said that if occasion did serve he would not spare to doe the like now to whom the Bishop further replyed then the times were not the same and therefore you must not Sir Robert Phillippes said by this you may guesse that this Bishop had a hand in setting up those Ceremonies in Durham and that he beares good will towards them labouring to make Durham and Winchester Synonymaes This reflects upon his Majestie as if his Majestie should not be pleased that men in their Preaching should refell and repell Popery Sir Iohn Elliott In this Lord is hatcht and contracted all the danger we feare for he hath procured those Pardons which may be the author of those new opinions And I doubt not but that his Majestie being informed thereof will leave him to the Justice of this House and I hope those exhalations will not raise jealousies betwixt his Majestie and us let the Doctor be sent for to justifie it which was ordered accordingly Monday the 9. of February Anno 1628. A Petition in complaint of the Postmasters Patent of London which is referred to a Committee Master Speaker delivered from Master Attorney a Narration in writing of his proceedings in Cozens businesse Sir Iohn Elliott reported from the Committee for examination of the Merchants businesse that the Committee finding Sheriffe Acton in prevarications and contradictions in his exammation which being conceived to be a contempt to this House desires he may be sent for to answer his contempt Master Goodwin saith that the Sheriffe acknowledgeth his errour and humbly desireth so much favour that hee may once againe be called before the Committees and if he give not full contentment by his answer he will referre himselfe to the Wisedome and Justice of this House Sir Walter Earle secondeth this motion so did Alderman Moulson Secretary Cooke Chancellour of the Dutony and some others but this abuse being declared to be so great and grosse and that hee had so many times given him to recollect himselfe and being so great an officer of so great a Citie he had all the favour that might be and yet rejected the same and carried himselfe in a very scornfull manner wherefore it is ordered hee shall be sent for to the House as a Delinquent to morrow morning Iones the Printer and his Counsell are called to argue the businesse of Master Montagues Episcopall confirmation First Quaere Whether the Exceptions be legall Secondly Whether the confirmation be good Thirdly and the last is the point now in hand To which the House enjoyned the Councell to speake The Councell propounded a third Question what will be the fruit or effect if in Law the Confirmation prove voide In this the Councell said it will not extend to make no Bishop upon the point of Confirmation onely which maketh him punishable if he execute any thing concerning the Bishopricks Sir Henry Martin saith the Exception making voide the Confirmation doth in Law worke also upon the Election and will make that voide also Doctor Steward saith the point of setting to the Advocates hand is but a matter of forme in the Court no matter of Law Sir Henry Martyn saith he will endeavour to give the House full satisfaction and will speake without relation to the Kings Right and Lawes of the Realme the Proclamation by the Common Law should not be at Bowe Church but at the Cathedrall Church of the Diocesse where the Bishop is to be elected and the Deane and Chapter of that Diocesse are to accept and not every one that will The Arguments are endlesse and to alter a course so long setled I conceive it is plaine the King and the Law have power to deprive him of his Bishopricke if hee deserve the same I thinke therefore it were good to decline this dispute for the present and to proceed to remove him which is allowed of Tuesday the 10. of February Anno 1628. A Bill for ordering the government and Plantation of the Summer Islands A Bill to restraine some abuses in Ministers and Magistrates Master Rolles complaineth that since his last complaint of the breach of the Liberties of this House his Ware-house hath beene lockt up by one Massey a Pursevant and that yesterday he was called forth from the Committee in the Exchequer Chamber but that since hee receaved a Letter from Master Attorney that it was a mistake the Subpaena was read but the Letter not suffered to be read Sir Robert Phillippes You see we are made the subjects of scorne and contempt I conceive this to be a Bone throwne by them that have drawne a cloud on our Religion to divert or interrupt us in the prosecution of them I desire the Messenger may be sent for and be examined by what procurement this Subpaena was taken forth for if we finde not forth those that throw these scornes upon us it is in vaine to sit here Master Chancellour of the Dutchie This proceedeth from some great errour for I will assure you this never proceeded from King nor Councell I therefore desire it may be searched to the bottome for be confident neither King nor State have cast in this as Bone M. Seldon This is not to bee reckoned an errour for questionlesse this is purposely to affront us and our owne Lenities is the cause of this It is ordered that Shenington the messenger that served the Subpoena be presently sent for and to examine the same and by whom the same was put in and they have power to send for persons or Records that may informe them And also they shall have power to enjoyne any whom they shall thinke fit to attend the House at such time as they shall thinke meet The priviledge of the Merchants that are Plaintifes here may be taken into consideration by this Committee concerning the information in the Starre-Chamber Sheriffe Acton called to the Barre as a delinquent upon his knees saith if hee hath offended or erred it is through want of memory and ignorance for he intended not the least dislike or distaste to any member
of this House Master Long moved that hee might bee sent to the Tower Sir Francis Seymor That he may be referred backe to the Committee to be examined if then hee deale not clearely this House may proceed to further punishment M. Selden I cannot remember when we did commit a Sheriffe of London but I remember when this House did commit both the Sheriffes of London to the Tower for an abuse of lesse nature onely for countenancing a Serjeant in an Arrest on a member of Parliament though they did acknowledge their faults at the Barre which this man hath not yet done the Serjeant sent to little ease the partie at whose suit he was arrested was committed to the Fleet and both the Sheriffes to the Tower M. Kirton I came into this House with as good a will to this man as any man for I was spoken to to stand for him as I came in and I promised to doe what favour I could But if he were my Brother he should to the Tower M. Littleton You see the affronts by Bookes by Preaching by Rumors by being daily served with Processe that are put upon us that we are become but a meere scarre-crow the neglect of our duty is the cause of this It is high time to remedy this or it is in vaine to sit here The Sheriffe is againe called to the Barre on his knees and is sentenced to the Tower Sir Benjamin Rudiardes There are divers Recantations and Submissions and Sentences remaining on Record in both Universities against Arminianisme that concerning any thing that may conduce to our end the Speakers letter may bee sent to the Vice-Chancellour for those Records which is ordered It is ordered that Worstenholme Dawes and Carmarthen are to be at the Barre upon Friday Wednesday the 11. of February Anno 1628. M. Selden reported concerning the Processe of the Merchants that Master Attorney gave order for the Processe and that Master Attornies man took for the same For the Bill it is a course by way of crime for those things which depend in Parliament complained here by the Merchants The Coppie of the Bill brought in and read That the Merchants did plot practise and combine against the peace of the Kingdome This being conceived to be a businesse incident to Tonnage and Poundage is ordered to be referred untill to morrow morning M. Selden That a report should be made to morrow of the complaints of the Merchants and the Information in the Exchequer may also be brought which was ordered It is ordered that in respect the Terme ends to morrow and the Assises to follow and divers members and Lawyers may be gone it is ordered none shall goe forth of Towne without leave of the House It is ordered the Speakers letter to be sent for Sir Edward Cooke At the Committee for Religion M. Walter delivered a Petition of the Booke-sellers and Printers in complaint of the restraint of Bookes written against Popery and Arminianisme and the contrary allowed of by the onely meanes of the Bishop of London and that divers of them have beene Pursevanted for Printing of orthodoxe Books and that the licensing of Books is now onely restrained by the Bishop of London and his Chaplaines One of the Printers said he tendred divers Books one called The Golden Spurre to the celestiall Race That Turner one of the Bishop of Londons Chaplaines said that if he would put out the point That a man may be certaine of his Salvation he would licence the same notwithstanding hee put out the same point yet hee could not get it licenced M. Selden The refusing the licensing of Bookes is no crime but the licensing of bad Bookes is a crime There is no Law to prevent the printing of any Booke in England onely a Decree in Starre-Chamber therefore that a man should be fyned imprisoned and his goods taken from him is a great Invasion on the liberty of the Subject hee moveth that a Law may be made upon this This is referred to a select Committee to be examined Master Shervile reported concerning the pardons that they have examined Doctor Sibthorpes and Cozens pardon Sibthorpes sollicited his owne pardon and said hee would get the Bishop of Winchester to get the Kings hand to it It is evident that the Bishop of Winchester got the Kings hand to Sibthorpes and Cozens pardons and also Montagues pardon was promised by him That Doctor Mannering sollicited his owne pardon and the Bishop of Winchester got the Kings hand to his pardon It is likewise said the Pardons were all drawne by Master Attorney before there was any Warrant Master Cromwell saith he had by relation from one Doctor Beard that Beard said that Doctor Alablaster had preached flat Popery at Pauls Crosse The Bishop of Winchester commanded him as he was his Diocessan that he should preach nothing to the contrary Sir Robert Phillippes saith one Doctor Marshall will relate as much said to him by the Bishop of Winchester as the Bishop said to Doctor Moore M. Kirton That Doctor Marshall and Doctor Beard may bee sent for That this Bishop though he hath leapt thorow many Bishoprickes yet he hath left Popery behinde him That Cozens frequenting the Printing-house hath caused the Booke of Common Prayer to be new printed and hath changed the word Minister into Priest and hath put out in another place the word Elect Thus Cozeus and his Lord goe hand in hand Sir Miles Fleetwood saith wee are to give Mountague his charge and by his Bookes chargeth him with 1. Schisme in errour of Doctrine 2. Faction in point of State 3. Matter of Aggravation Sir Walter Earle Qui color albus erat nunc est contrarius albo saith Doctor White hath sould his Orthodoxe bookes and bought Jesuiticall bookes And Moore that Bishop White may goe arme in arme with Mountague Ordered a select Committee to bee named to digest these things that have beene already agitated concerning the Innovation of our Religion the cause of the Innovation and the remedy Thursday the 12. of February Anno 1628. The Sheriffe of London upon his submission is released of his imprisonment in the Tower Sir Iohn Elliott made the report from the Committee in the Examination of the complaints of the Merchants and delivered in the Orders and Injunctions in the Exchequer At a great Committee for Tonnage and Poundage Master Shervile in the Chaire Master Walter delivered a Petition from Chambers Fawkes and Gilborne in complaint of an Information against them in the Starre-Chamber about Tonnage and Poundage and that by restraint of their goods they are like to be undone Sir Iohn Elliott The Merchants are not onely kept from their goods by the Customers but by a pretended Justice in a Court of Justice the Exchequer I conceive if the Judges of that Court had their understanding enlightened they would reforme the same and the Merchants thereby suddenly come to their goods Master Wansford conceiveth this a difficult way for us to goe M.
and particulars and by petitioning him to remove all Papists and Popishly affected from the Court from places of Trust from places of Power Fourthly by examining the dangers and inconveniences of those late Commissions and instructions granted forth for the compounding with Recusants for their estates and forfeitures Fiftly by framing a charge to usher up Master Montague to the Lords not to his seat amongst the Reverend society of Bishops but to the Barre as an offendor against that House this and the whole Church of God But what good hath this our zeale brought to Religion what profit to the Church we all know and with thankfulnesse acknowledge That his Majesty gave a most gracious and pious answer to our Petition of Religion and to some particulars as fully as wee could desire which raised our hopes to the expectation of much good and some hath followed for it is true Master Speaker that the promised Proclamation to command Judges and other Ministers of Justice to put the Lawes in execution against Recusants their Priests and Jesuites is now extant which yet seemes to me to have beene so long kept by some back-friends to Religion and I am induced to thinke thus for these Reasons My first Reason I draw from common fame it being generally reported that in stead of life and motion to the Lawes in force against Recusants the Judges had in charge before the last Circuite to deale sparingly with them My second Reason I draw from the time when this Proclamation came forth which was five weekes after the ending of the Sessions when some of the Circuites were ended or so neare conclusion that the Judges could take little or no notice thereof And Thirdly from consideration of a former Proclamation dated the 7. of Iuly which though that passed not the Seale yet it did the Presse and in my poore opinion would never have gone so farre knowing the resolution of Counsells to be more certaine had not some men hoped to have prevented the latter by procuring the former as satisfaction which falls farre short of his Majesties pious intentions expressed in that his religious Answer And if with reverence I may speake my humble thoughts they doe both of them in conclusion too much encourage the worst of subjects to hope for his Majesties best favour too fairely invite them to compound for their forfeitures which course this House was bold to stile little lesse then a Tolleration Againe is the course of Recusants as yet restrained from the Court Nay doe they not since our Recesse frequent it with more confidence and greater alacrity doe not their hopes daily increase and themselves grow more insolent their feares ended with the Sessions Is the promised wrath as yet appointed to keepe them from Embassadours Houses Had the Judges in charge to informe themselves in their last Circuites and after their returne his Majesty of all such Papists and Popishly affected as they shall finde to bee in authority I have not yet heard it and to me those are all the knowne effects of that Religious Petition Next take notice of the abortion of that necessary Bill against Recusants which when wee hoped would have received life and perfection by the Royall assent perished in Embrion suddenly vanisht as being too cruell too mercifull Consider what fruit wee have reaped from that Petition and Information whereby we let his Majesty know the particulars of such Papists and Popishly affected as were in such Countey in Commission of the peace of Lieutenancie c. Are any of them since remooved Nay it is well if their numbers bee not encreased Oh Master Pymme this breakes the heart if God be God let us follow him And if Baal be God let us follow him and no longer hault betweene two opinions for whilst wee are thus carelesse in standing for God that wee dare scarce owne our owne Religion Is it any marvell that God estrangeth himselfe and will not owne us and by too woefull experience wee have cause to suspect since wee finde he goes not out with our Armies since so ill successe attends all our actions Wee have not yet made our peace with God And Master Pymme to these griefes and discouragements I finde an addition of that nature that threatens very ruine and desolation if not dissolution of Religion in this Land unlesse God himselfe take his own cause into his own hand And that is the countenancing and preferring of a plotting undermining and dangerous sect of upstart Divines when Arminians shall be grac't preferred before honester men when such desperate Divines as have fired a part of Christendome almost ruined our neighbours kindled their fire-brands and cast their dangerous sparkes abroad in our Church shall be encouraged to goe on in planting their damnable doctrines and positions which already have taken too deep footing too fact rooting in our Universities and many other parts of this Land You remember Sir what care and paines this House tooke as a matter of great consequence to frame a charge against Master Mouniague which was ready with the first oppertunity to have transmitted him to the Lords but those many interruptions we had gave breaking to that as to many other businesses of weight yet was this man shortly after the ending of the Sessions dignified with the sacred title of Bishop and Bishop of the See wherein his Predecessour a Grave Divine and Orthodoxe Prelate had laboured by his pen and directions to strangle those errours and to confute Master Mountague whose ready way to obtaine a Bishopricke is to undermine Religion and set the Church in a combustion Another also of his owne profession little better then himselfe I meane time-pleasing Mannering hath also tasted extraordinary favour This man attempted to make his holy function a meanes to seduce the Kings conscience to misguide his judgement to dis joynt his affections from his people to avert his minde from calling a Parliament The particulars of his damnable doctrine are yet fresh in your memories What could a man have done worse for hereby he did as much as in him lay violently to breake in peeces that coard to wrest in sunder that chaine which linkes and tyes and unites the hearts and affections of the Prince people together verily he that shall goe about thus to seduce or corrupt a Prince deserves to be hated of all men as much as those that attempt to poyson a publique spring or fountaine whereof all drinke for which offence of his hee received a just but moderate censures one particular whereof was that he should be disabled from holding any Ecclesiasticall dignity in the Church And although it bee confessed that the Doctor justly brought upon himselfe the censure of Parliament yet was this man after our rising released from his imprisonment reported to have the honour to kisse the Kings hand obtained his Pardon in Folio preferred to a rich Living and if fame say true cherished with assured hopes of future dignity in the Church
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
might be high Treason to kill a Parliament man and the King answered which made it a Law And for the Judges to determine Priviledge of Parliament were to super-head and make void the Law for the Prorogation the Priviledge stands good untill the day of Prorogation notwithstanding a Proclamation of new Prorogation That the King is never so high in point of State as in the Parliament citeth the case of Sir Robert Howard in the High Commission All Priviledges unlesse in Felonie Treason or breach of the Peace Sir Robert Phillippes That you see how fast the Prerogative of the King doth trench upon the liberty of the Subject and how hardly recovered Citeth many Presidents wherein the goods of a Member of Parliament were priviledged from seizure in the Exchequer the 19. Eliz. It was resolved in Parliament that twenty dayes before and twenty dayes after was the time of Priviledge Chancellour of the Dutchie That in this debate we may tye our selves to point of Law and Authority not to points of Reason and conceiveth that no Priviledge lyeth against the King in point of his duties Sir Francis Seymor I desire it may be debated whether this care doth concerne the King or no for I conceive these Customers have not made good that there was any Right onely Art used to entitle the King I conceive it an high offence for any man to lay the scandall of every project upon the King Master Glanvile Here is a cunning Affidavit in the Exchequer to entitle the King A meere cunning project and an offence of an high nature to shelter their projects under the command of the Crowne Secretary Cooke The point in question is not the Right of the Subject but the Right of the Parliament Priviledge and that in the case of Master Rolls and this is only now in question Sir Iohn Strangwage I know no reason why wee should draw a question upon our selves which we need not especially between the King and us I conceive it plaine those Customers tooke those goods in their owne Right not in the Kings in this the Priviledge is plainly broken wherein it is easily determined Master Bankes In this case there is no interposing of the Kings Right and the King this Parliament hath declared as much that the Courts of Westminster doe grant twelve dayes priviledge to any man to informe his Councell much more the Courts of Parliament are to have their priviledge The Kings command cannot extend to authorize any man to break the Priviledge no more then it will warrant an entry upon any mans Land without processe of Law Master Sollicitour If the King have no Right how can he make a Leafe then this pretended interest of the Customers must bee void and therefore their goods must be taken not in their owne Right but in the Right of the King M. Selden If there were any Right the pretended Right is in the Subject 1. Whether Priviledge in goods 2. Whether the Right were in the Customer onely 3. Whether Priviledge against the King If the Lords have no Priviledge of Parliament for their goods they have then no Priviledge at all for they are priviledged in their persons out of Parliament For the point of Interest it is plaine for no kinde of Covenant can alter Interest and questionlesse had the case in the Exchequer appeared to the Barons as it doth to us they would never have proceeded as they did if our goods may be seized into the Exchequer bee it right or wrong we had then as good have nothing Sir Nathaniel Rich. It was recorded the last Session in the Lords House and citeth other Presidents in this House that a servant of a member of Parliament ought to have priviledge in his goods decided by Question that a Parliament man ought to have priviledge of his goods Master Noye saith that these Customers had neither Commission nor command to seize therefore without doubt we may proceed safely to other Questions that the Priviledge is broken by the Customers without any relation to any Commission or command of the King Secretary Cooke saith it is in the Commission to seize but the Commission being read it is not found to bee there Chancellour of the Dutchie saith Master Dawes mentioned that hee seized those by vertue of a Commission and other Warrants remaining in the hands of Sir Iohn Elliott that therefore these Warrants may be seene whether there be not command to seize the goods Sir Nathaniel Rich. This dayes debate much rejoyceth me especially the motion made by Master Noye whereby it is plaine wee have a way open to goe to the Question without relation to the Kings Commission or command and desires it in respect there appeares nothing before us that doth incumber the Question Chancellour of the Dutchie againe desires these Warrants may bee looked into before wee proceed to the Question M. Kirtor Because this Honourable Gentleman presseth this so farre let it appeare with what judgement this House hath proceeded M. Glanvile I consent these Warrants bee sent for and read but withall if any thing arise that may produce any thing of ill consequence let it bee considered from whence it comes The Privy Counsellours are contented with this motion The Warrants being sent for and read it is plaine there is no Warrant to seize M. Kirton If now there be any thing of doubt I desire those Honourable persons to make their objections Chancellour of the Dutchie I rejoyce when I can goe to the Court able to justifie your proceedings I confesse I see nothing now but that we may easily proceed to the Question Master Secretary Cooke saith as much Master Hawkewell argueth against Priviledge in time of Prorogation Master Noye saith hee had no doubt but Priviledge was in force in time of Prorogation untill he heard this Argument of Master Hawkwell and saith hee hath heard nothing from him yet that doth alter his opinion and citeth a President wherein the Lords House hath this very Prorogation adjudged the Priviledge Master Hackwell saith hee is glad to heare it so and he is now of the same opinion Decided by Question that Master Rolles ought to have Priviledge of Parliament for his goods seized 30. of October 35. Iacobi and all since This Committee is adjourn'd untill Monday and the Customers are to attend Monday the 23. of February Anno 1628. Sir Humphrey May. I will never cease to give you the best advice I can We all agree A word is given We have wine and oyle before us If you goe to punish Delinquents there is vineger in the wound thinke of some course to have restitution Sir Iohn Elliott The Question is whether we shall goe to the restitution or to the point of delinquency of breach of Parliament and other feares I meet with this both here and else-where take heed you fall not upon a rocke I am confident that this will be some what difficult were it not for the justice and goodnesse of the King