and there delivered to the Printer divers papers with divers hands to them and on the back side was endorsed these words We will and command you that these Coppies be printed Friday the 23. of Ianuary His Majestie sent the House a message to this effect That he willed them to cease from further debate of Tonnage and Poundage till the next day in the afternoone and that he would speake with them in the Banquetting House at White Hall Saterday the 24. of Ianuary The Kings Speech My Lords and Gentlemen The care I have to remove all obstacles that may hinder the correspondencie betwixt me and this Parliament is the cause that I have called you hither at this time the particular occasion being a complaint made in the Lower House And as for you my Lords I am glad to take this and all other occasions whereby you may clearely understand both my words and actions For as you are nearer in degree so you are the fittest witnesses for Kings The complaint I speake of is for staying mens goods that denied Tonnage and Poundage this may have an easie and short conclusion if my words and actions be rightly understood for by passing of the Bill as my Ancestors have had it my past Actions will be included and my future authorized which certaintie would not have beene struck at if men had not imagined that I have taken these duties as appertaining to my Hereditary Prerogative in which they are much deceived For it ever was and still is my meaning by the guift of my people to enjoy it And my intention of my Speech at the ending of the Session concerning this point was not to challenge Tonnage and Poundage as of right but De bene esse shewing you the necessitie not the right by which I was to take it untill you had granted it unto me assuring my selfe according to your generall professions that you wanted time not will to give it me Wherefore now having opportunitie I expect that without losse of time ye make good your professions and by passing of the Bill to give an end to all the Questions arising from this subject especially since I have cleared the onely scruple that can trouble you in the businesse To conclude let us not be jealous of one anothers actions for if I had beene easily moved at every occasion the Order made on Wednesday last might have made me startle there being some shew to suspect that you had given your selves the liberty to be inquirers after Complaints the words of your Order being some what largely penned but looking into your actions I finde you are onely complainers not seeking complaints for I am certaine you neither pretend nor desire the liberty to be Inquisitors of mens Actions before particular complaints be made This I have spoken to shew you how slow I am to beleeve harshly of your proceedings likewise I assure you that the Houses resolutions not particular mens Speeches shall make me judge well or ill not doubting but according to my example you will be deafe to ill reports concerning me till my words and actions speake for themselves That this Session beginning with confidence one towards another may end with a perfect good understanding betweene us which God grant Monday the 26. of Ianuary M. Walter did informe the House that there were divers Shippes laden with Corne for Spaine Hereupon a Committee was appointed to enquire about the Trading into Spaine and other enemies and transporting Corne and other Munition thither It is also ordered that some of the Privie Councell should presently move the King about the stay of the Shippes Then after M. Secretarie Cooke moved that the Bill of Tonnage and Poundage might be read and after some debate it was diverted and they fell upon point of Religion M. Rowse concerning Religion Master Speaker We have of late entred into the consideration of the Petition of Right and the violation of it and upon good reasons for it concernes Goods Liberties and Lawes but there is Right of a higher nature that preserves for us farre greater things eternall life our selves yea our God himselfe Right of Religion derived to us from King of Kings conferred upon us by the King of this Kingdome enacted by Lawes in this place streaming downe upon us in the bloud of Martyrs that witnesses from Heaven by miracles even miraculous Deliverances And this Right in the name of this Nation I this day claime and desire that there may be a deepe and serious consideration of the violations of it I desire first that it may be considered what new paintings are laid upon the old face of the Whore of Babylon to make her more lovely and to draw so many Suitors unto her I desire that it may be considered how the See of Rome doth eate into our Religion and fret into the Walles and Bankes of the Lawes and Statutes of this Realme especially since those Lawes have beene made in a manner by themselves and by their owne treasons and bloudy designes And since their Popery is a confused masse of errours casting downe Kings before Popes the precepts of God before the traditions of men living and reasonable men before dead and sencelesse stockes and stones I desire that we consider the increase of Arminianisme an errour that makes the grace of God lacquey it after the will of man that makes the sheep to keepe the Shepheard and makes a Mortall seed an Immortall God I desire we may looke into the very belly and bowels of this Trojane Horse to see if there be not men in it ready to open the gate of Romish Tyranny and Spanish Monarchy for an Arminian is the spawne of a Papist and if there come the warmth of favour upon him you shall see him turne to one of those Frogges that rise out of the bottomlesse pit And if you marke it well you shall see an Arminian reaching out his hand to a Papist a Papist to a Jesuite a Jesuite gives one hand to the Pope and another to the King of Spaine and these men having kindled a flame in our neighbour Countrey have brought over some of it hither to set on flame this Kingdome also Yea let us further search and consider whether these be not the men that breake upon the Goods and Liberties of this Common-wealth for by this meanes they make way for the taking away of our Religion It was an old tricke of the Devill when he meant to take away Iobs Religion he began at his goods Lay thine hand on all and he will curse thee to thy face either they think thereby to set a distaste between Prince and people or to finde some other way of supply to avoid or breake Parliaments that so they may breake in upon our Religion and bring in their owne errors But let us doe as Iob did he held fast his Religion and then his goods came againe with advantage and if we hold fast God and his Religion these things shall be
done it will be time to take into consideration the breakers and oftendors against this rule in the next place But before we have laid downe that our worke will be in vaine therefore first to lay downe the proposition wherein we differ from the Arminians and in that I shall be ready to deliver my opinion and this is my humble motion It was ordered that a Committee should be appointed to pen an answer to his Majesties messages and to shew him that it is their resolutions to give him all expedition in his service and that they hold it not onely fit to give him thankes but rather to shew what perills we are in and that Tonnage and Poundage is their owne gift and it is to arise from themselves and that they entend not to enter into any thing that belongs not to them Thursday the 29. of Ianuary The former part of the day was spent in debating of the transportation of Corne and Victuals into Spaine and it was ordered that a message should be sent to his Majestie That it is now evident that divers Ships are bound for Spaine and to desire a stay of them after the House sate at a Committee about Religion After long debate it was resolved by the Commons House of Parliament concerning Religion as followeth That We the Commons now in Parliament assembled claime professe and avow for the Truth the sence of the Articles of Religion which were established in Parliament in the 13. yeare of our late Queen Elizabeth which by the publique Acts of the Church of England and by the generall and current Exposition of the Writers of our Church have beene delivered to us as we erect the sence of the Articles of Religion which were established in Parliament in the thirteenth yeare of our late Queene Elizabeth which by the publique Acts of the Church of England and by the generall and current Exposition of the Writers of our Church have beene delivered to us and we reject the sence of the Jesuites and Arminians and all other wherein they differ from us The House received an answer from his Majestie touching the Ships which was that he would consider of it and send them word in due time Friday the 30. of Ianuary A Committee of the Lower House went to the King in the Privy Chamber with the Petition of the â—ast and the Archbishop of Yorke after hee had made a short Speech presented it to his Majestie in the name of both Houses The Petition of both Houses for the Fast. Most Gratious Soveraigne It is the hearty and very earnest desire of us your most dutifull and loyall Subjects the Lords Spirituall and Temporall and Commons in this present Parliament assembled that this our meeting be abundantly blessed with all happy successe in the great and urgent affaires of Church and State upon which we are to consult and that by a cleare understanding both of your Majesties goodnesse to us and of our ever faithfull and loyall hearts to your Person and service all feare and distractions which are apparant signes of Gods displeasure and of ensuing mischiefe being removed there may be this Session and for ever be a perfect and most happy union and agreement between your Majesty and all the estates of your Realme but humbly acknowledging that this nor any other blessing can be expected without the favour of Almighty God upon the observation of the continued and encreasing miseries of the reformed Churches abroad whose cases with bleeding hearts we compassionate as likewise of those punishments already inflicted and which are likely in great measure to fall upon our selves We have just cause to conceive that the Divine Majesty is for our sinnes exceedingly offended with us We doe in these and all other pious respects Most Deare Soveraigne humbly beseech your Majestie that by your Royall commandement not onely our selves but all the people of your Kingdomes may be speedily enjoyned upon some certaine day by your Majestie prefixed by publique Fasting and Prayer to seeke reconciliation at the hands of Almignty God so that the Prayers of your whole Kingdome joyned with your Majesties most Princely care and the faithfull and hearty endeavours of this great Councell now assembled may procure glory to Almighty God in the preservation of his true Religion much honour to your Majestie prosperitie to your people and comfort to all your Majesties friends and Allyes The Kings Answer to the Petition for the East My Lords and Gentlemen The chiefest motive of your Fast being the deplorable estate of the reformed Churches abroad is too true and our duties are so much as in us lyeth to give them all possible helpe but certainly fighting will doe them much more good then fasting though I doe not wholly disallow of the latter yet I must tell you that the customes of Fasts every Session is but lately begun And I confesse I am not fully satisfied with the necessitie of it at this time yet to shew you how smoothly I desire your businesse to goe on eschewing as much as I can Questions or I doe willingly graunt your requests herein but with this note that I expect that shall not hereafter be brought into president for frequent Fasts except upon great occasions As for the forme and time I will advise with my Lords the Bishops and then send you a particular answer to both Houses The Declaration of the Commons Most Gratious Soveraigne We have within these three dayes received from your Majestie a message putting us in minde of our present entring upon the present consideration of a grant of Tonnage and Poundage but the manner of the possessing the House therewith being disagreeable to our orders and priviledges so that we could not proceed therein and finding our selves in your Majesties name pressed in that businesse and that we should give precedencie thereunto we cannot but expresse some sence of sorrow fearing least the most hearty and forward affections wherewith we desire to serve your Majestie are not clearely represented unto you besides such is the sollicitous care we have of preserving our selves in your Majesties most gratious and good opinion that it cannot breed but much trouble in us when ever we finde our selves as now we are enforced to spend that time in making our humble Apologies from whence doe usually arise long debates which we conceive might be very profitably applyed in the great services of your Majesty and the Common-wealth which we did with all humble diligence apply our selves unto and finding the extreame dangers wherewith our Religion is threatned clearely presenting themselves to our thoughts and considerations we thinke we cannot without impiety to God disloyaltie to your Majesty and unthankfullnesse to those from whom we are put in trust retarde our proceedings untill something be done to secure us in this maine point we preferre our lives and all earthly things whatsoever And here we doe with all humble thankfullnesse acknowledge your most pious care and Princely intentions to
when we doe that which is just let there bee no feare or memory of breaches and let us now goe to the delinquency of these men and that is the way to procure satisfaction Secretary Cooke We laboured the last day to bring us to our end and now we fall to this issue to proceed to the delinquency of these men our ground is because they have no command from his Majesty I must speake plaine English his Majesty tooke notice of our labour last Saterday to sever the Act of the Customers from his Majesties command His Majesty commanded me to tell you that it concernes him in a high degree of Justice and Honour that truth be not concealed which is what they did was his owne direct order and command of the Councell Board himselfe being present and therefore he will not have it divided from his Act. Report was made from the Grand Committee that they tooke into their consideration the violation of the liberty of the House by the Customers and at last they resolved that a Member of the House ought to have priviledge of person and goods and the command of his Majestie is so great that they leave it to the House Secretary Cooke reported a message and command from his Majesty and said that howsoever the House laboured to sever the Kings interest His Majesty thinkes that this distinction will not cleare his Honour and he will not be drawne to doe that that may touch him though others may make distinctions Sir Robert Phillippes I had rather pray to God to direct us then give any direction Now the Kings Honour Justice and Government are presented to us and also the essentiall liberty of this House and are wee now fit for a debate In the greatest retirement our best thoughts are summoned to resolve what to doe Hereupon the House was adjourn'd till Wednesday next On Wednesday the 25. of February 1628. both Houses by his Majesties command were adjourn'd till Monday morning next Monday the second day of March Sir John Elliott made a Speech as followeth God knowes that I now speake with all duty to the King It is true the misfortunes we suffer are many We know what discoveries have beene made how Arminianisme creepes and undermines and how Popery comes upon us they maske not in strange disguises but expose themselves to the view of the world In search of these we have fixed our eyes not simply on the Actors the Jesuites and Priests but on their Masters those that are in authority thence it is we suffer the feare of them makes these interruptions You have some Prelates that are their Abettors That great Bishop of Winchester we know what he hath done to favour them The feare extends to some others that contract a feare of being discovered and they draw from thence this jealousie That is the Lord Treasurer a man in whose person all evill is contracted I finde him Acting and Building on those grounds laid by his Master the great Duke and his spirit is moving for this interruption and for this they breake Parliaments least Parliaments should breake them I finde him the head of all that great party the Priests and all the Jesuites derive from him their shelter and protection He dismayes our Merchants and hee it is that invites Strangers to come in to drive Trade to serve their owne ends Thus was put to Question but Master Speaker refused to doe it and said he was otherwise commanded by the King Whereupon Master Selden speake as followeth You Master Speaker say you dare not put the Question which we commanded you if you will not put it wee must sit still and so wee shall never be able to doe any thing they that come after you may say they have the Kings command not to doe it Wee sit here by the command of the King under the great Seale and for you you are by his Majesty sitting in his Royall Chaire before both Houses appointed our Speaker and you now refuse to be our Speaker The Protestation of the Commons in Parliament 1. Elliot Hollis Whosoever shall bring in an Innovation in Religion or by favour or countenance seeke to extend or introduce Popery or Arminianisme or other opinions disagreeing from the true and orthodoxe Church shall bee reputed a capitall enemy to this Kingdome and Common-wealth 2. Whosoever shall counsell or advise the taking and levying of the Subsidies of Tonnage and Poundage not being granted by Parliament or shall be an Actor or Instrument therein shall likewise be reputed an Innovator in the government and a capitall enemy to this Kingdome and Common-wealth 3. If any Merchant or person whatsoever shall voluntarily yeeld or pay the said Subsidies of Tonnage and Poundage not being granted by Parliament he shall likewise be reputed a betrayer of the liberties of England and an enemy to the same Thereupon the House was dissolved by Proclamation The Kings Speech upon Thesday the tenth-day of March 1628. My Lords I never came here upon so unpleasing an occasion being for the dissolving of a Parliament therefore many may wonder why I did not chuse to doe this by Commission It being the generall Maxime of Kings to lay harsh commands by their Ministers themselves onely executing pleasing things but considering that Justice is aswell in commending and rewarding of vertue as in punishing of vice I thought it necessary to come here to day to declare to you my Lords and all the world that it was only the disobedient carriage of the Lower House that hath caused this dissolution at this time and that you may Lords are so farre from being causers thereof that I have as much comfort in your obedience and by all your carriage towards me as I have cause to distaste their proceedings Yet that I may bee clearely understood I must needs say that they doe mistake me wonderously that thinke that I lay this fault equally upon all the Lower House for I know there are many there as dutifull loyall subjects as any are in the world for I know it was onely some Vipers amongst them that did cast this miste of disobedience before their eyes although there were some there that could not be infected with this contagion insomuch that some by their speaking which indeed was the generall fault on the last day of the Parliament did shew their obedience To conclude my Lords all those ill affected persons must looke to have their reward so you that are here of the Higher House may justly claime from me that protection and favour that a good King beares to his faithfull and loyall Nobilitie Now my Lord execute that I command you The Lord Keeper My Lords and Gentlemen of the House of Commons His Majestie doth dissolve this Parliament FINIS
to us now M. Coriton Let us not doe Gods worke negligently We receive his Majesties messages with all duty for our proceedings let us so proceed as it may soone conduct us to his Majesties desire Religion concernes the King aswell as us The unitie of this House is sweet especially in Gods cause Let us cry and cry againe for this Let us be resolved into a Committee and presently to debate hereof M. Pymme There are two diseases the one old the other new the old Popery the new Arminianisme There are three things to be enquired after concerning Popery First of the cessation of the execution of Lawes against Popery Secondly how the Papists have beene imployed and countenanced Thirdly the Law bringing of superstitious Ceremonies amongst us For Arminians be advised First that a way be opened for the truth Secondly that by the Articles set forth 1502 and by the Catechisme in King Edward the sixths dayes and by the writing of Peter Martyr and Martin Bucer Wickliffe and others and by the constant profession sealed with the bloud of so many Martyrs Cranmer Ridley and others and by the 36. Article set forth in Queene Elizabeths time and by the Articles set forth at Lambeeth as the Doctrine of the Church of England which King Iames sent to Dorte and to Ireland as the truth professed here and by his Majesties Declaration and Proclamation to maintaine unitie in the settled Religion as appeared by his Proclamation and other courses tending that way which were perversted and abused to the ruine and subversion of Religion which bred a feare of Innovation as also by the preferment which such have received since the last Parliament who have heretofore taught contrary to the truth Then to consider againe for what act these men have beene countenanced and advanced what pardons they have had for false Doctrines what Preachings hath been lately before his Majestie what prohibiting of bookes as have beene written against their doctrine and permitting such bookes as have beene for them It belongs to the duty of the Parliament to establish true Religion and to punish false And howsoever it is alleadged that the Parliament are not Judges in matters of Faith yet ought they to know the established and fundamentall Truths and the contraries unto them For Parliaments have confirmed generall Councels which have not beene received untill they have beene so authorized and Parliaments have enacted Lawes for tryall of Heretiques by Jury The Parliament punished the Earle of Essex for countenancing of Heretiques and there is no Court can meet with this mischiefe but Courts of Parliament The Convocation cannot because it is but a Provinciall Synod onely of the Jurisdiction of Canterbury and the power thereof is not adequate to the whole Kingdome and the Convocation at Yorke may perhaps not agree with that of Cunterbury The High Commission cannot for it hath its authority from Parliaments and the decivatiâ—e cannot prejudice the originall The judgement of Parliament being the judgement of the King and of the three Estates of the whole Kingdome Wednesday the 28 of Ianuary Master Secretary Cooke delivered another Message 〈◊〉 his Majestie viz. His Majestie upon an occasion of dispute in this House about Tonnage and Poundage was pleased to make a gracious Declaration wherein he commended to the speedy finishing thereof and to give a precedencie thereunto And since his Majestie understands the preferring the cause of Religion His Majestie expects rather thankes then a Remonstrance yet he doth not interrupt you so that you doe not trench of that that belongs not to you But his Majestie still commands me to tell you that he expects precedencie in Tonnage and Poundage assuring himselfe he hath given no occasion to put it backe and so you will not put it off M. Long. I cannot but with much sorrow see that we are still pressed to this pount I hoped that those neare the Chaire would have informed his Majestie of our good intentions But we see how unhappy we are still some about his Majestie 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 Majestie hath given us so much satisfaction You may perceive his Majestie is sensible of the neglect of his businesse 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 Majestie was to procure your gracious Lawes in his Fathers time and since that what inlargement hath he made of our Liberties and still we give him cause to repent him of the good he hath done consider how dangerous it is to alien his Majesties heart from Parliaments M. Coriton When men speake here of neglect of duty to his Majestie let them know we know no such thing nor what they meane and I see not how we doe neglect the same I see it is all our hearts to expedite the Bill of Tonnage and Poundage in due time our businesse is still put backe by their Messages and the businesse in hand is of God and his Majestie Things are certainly amisse and every one sees it and woe be to us if we present them not unto his Majesty Sir Iohn Elliott I have alwayes observed in the proceedings of this House our best advantage is in Order And I was very glad when this noble Gentleman my Country-man gave occasion to stay our proceedings for I feare it would have carried us into a sea of confusion and disorder And having now occasion to present my thoughts unto you in this great and weighty businesse of Religion I shall be bold to give a short expression of my owne affection and in that order that I hope will conduce best to the effecting of your worke and direct our labours to an end To enter into a particular disquisition of the writings of Divines I feare it will involve us in a Labyrinth that we shall hardly get out and perchance hinder that way and darken that path in which we must tread before wee know what other men declared It is necessary we presently lay downe what is the truth and as I presume we come not hither now to dispute of Religion farre be it from the thought of the Church that hath thus long confessed it now to dispute it Shall posteritie thinke that we have enjoyed our Religion fourescore yeares almost and are now doubtfull of the sence God forbid It may be Sir and out of some thing lately delivered I have not unnecessarily collected that there is a jealousie conceived as if we meant to deale in matter of Faith it is our profession this is not to be disputed neither will that truth be receded from this long time held nor is that Truth decayed it is confirmed by Parliament because it was Truth And as this Sir before I shall come to deliver my selfe more particularly give
Coriton Let it be done which way the House shall thinke fit But I conceive it is fit the Merchants should have their goods And before we can think of the Bill Kings ought not by the Law of God thus to oppresse their subjects I know we have a good King and this is the advise of his wicked Ministers but there is nothing that can be more dishonourable unto him M. Strowde That it may bee voted that the Merchants may have their goods before we enter on the Bill Chancellour of the Dutchie I shall speake my opinion because I know not whether I shall have liberty to speake or you to heare any more All the proceedings of the King and his Ministers was to keepe the Question safe untill this House should meet and you shall finde the proceedings were legall And thus much not knowing whether I shall attaine liberty to speake here againe Master Treasurer There is none here but would thinke it a hard thing that a possession should be taken from us without any order for sequestration that therefore it was not to be suffered that those few men should so unjustly disturbe the government of the State desires that there may bee no interruption but may proceed to settle the Tonnage c. M. Corinton I hope we shall speake here as we may speake in Heaven and doe our duties and let no feare divert us M. Walter It is not so few as five hundred Merchants are threatned in this Sir Robert Phillippes moveth we may goe to the King and satisfie him of these interruptions M. Noye We cannot safely give unlesse we be in possession and the proceedings in the Exchequer nullified and information in the Starre-Chamber and the annexion to the Petition of Right and other Records I will not give any voyce to this unlesse these things be made void For it will not be a gift but a confirmation neither will I give unlesse these interruptions and a Deciaration in the Bill that the King hath no right but by our free gift If it will not be accepted as it is fit wee cannot helpe it if it the Kings already as by these Records we need not give it Master Selden secondeth the motion of fending a message to the Exchequer declareth a president of a message sent into the Chancery for stay of proceedings in a cause and it was obtained and what Answer soever the Judges returne it cannot prejudice us The Law speakes by Record and if those Records remaine it will to posterity explaine the Law M. Littletor For the Right there is no Lawyer so ignorant to conceive it nor any Judge of the Land to affirme it is against giving to the King or going on with the Bill In this case a man cannot be put to a Petition of Right but shall recover without Petition Ordered a message shall bee sent to the Court of the Exchequer That whereas certaine goods of the Merchants have beene stayed by injunctions from that Court by false Affidavit and that upon examination the Customers that made the Affidavits have confessed that the goods were stayed onely for duties contained in the book of Rates That therefore that Court would make voyde the Orders and Affidavits in this businesse Friday the 13. of February Anno 1628. A Petition against one Burges a Priest who was here complained of the last Sessions some new Articles against him that hee could not get a coppy of his Articles out of the House untill hee was faine to get one to counterfeit himselfe a Puritan to get the same and other new misdemeanours Hee is ordered to be sent for Sir Iohn Elliott moveth for Priviledge of the Merchants Order is if any man have a complaint depending here shall bee priviledged in his person not freed from suits A Committee is to consider what priviledge is to bee allowed any man that hath any cause depending here in the meane time intimation shall bee given to my Lord Keeper that no Attachment shall goe forth against the Merchants The Chancellour of the Dutchie reported the message to the Exchequer Court That the Treasurer and the Barons will forthwith take the same into consideration and returne an answer Ordered that Master Secretary Cooke shall take care that intimation shall be given to the Citie about the Fast Doctor Moore called in saith he was referred to the Bishop of Winchester to bee censured for a Sermon preached by him the Bishop he had heard him preach and deliver many prettie passages against the Papists which pleased King Iames but he must not doe so now That you have a Brother that preacheth against bowing at the holy name of Jesus and of bowing to the high Altar and that the Communion Tables stood as in Ale-houses but he would have them set as high Altars Doctor Moore is to deliver these things in writing to morrow morning At the Committee for Religion If wee now speake not wee may for ever hold our peace when besides the Queenes Masse there are two Masses daily in the Queenes Court so that it is growne ordinary with the out-facing Jesuites and common in discourse will you goe to Masse or have you beene at Masse at Somerset house There comming five hundred at a time from Masse We desire it may bee knowne by what authority the Jesuites lately in Newgate were released M. Coriton doubts not but his Majesties intention was good in the Declaration lately published but I conceive it will bee made use of onely to our disadvantage That therefore the Declaration may bee taken into consideration Sir Richard Gravenor repents the proceedings of this House against Popery the last Session and what 〈◊〉 hath beene therein Sir Richard Gravenor Master Pymme In this great businesse concerning Religion and the staying of Execution of the Lawes against Recusants it will much conduce to our purpose and forward our Resolutions to cast backe our eyes to see what was done the last Session You may remember that amongst many other businesses of weight wee tooke to heart the decay of Religion we sought after the preservation thereof and how to maintaine it in its owne purity Wee found that of late yeares it had beene much wounded by heartning of Papists by conferring offices upon Recusants Wee summoned our judgements and imployed our best cares and paines for stopping the current of Popery which by such meanes like a Deluge came flowing upon us And well did it befit the profit of this House to be so zealous for the prosperity of that which ought to be so deare to every good mans soule and so pretious in their eyes and this wee attempted by these and the like stoppes First by that religious Petition wherein it pleased the Lords so readily to joyne with us Secondly by framing a Bill against Recusants which passed both Houses whereby his Majesty had beene much enriched better enabled to compasse his due from them and to avoid their deceits defrauding him thereof Thirdly by enforming him of the numbers
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
THE DIURNALL OCCVRRENCES of every dayes proceeding in PARLIAMENT since the beginning thereof being Tuesday the twentieth of Ianuary which ended the tenth of March Anno Dom. 1628. With the Arguments of the Members of the House then assembled LONDON Printed by R. H. and are to be sold by William Cooke at Furnivals Inne Gate in Holborn Anno Dom. 1641. A TRVE RELATION of every dayes proceeding in PARLIAMENT since the beginning thereof being Tuesday the 20. of Ianuary An. Dom. 1628. VPon the said twentieth day of Ianuary being the first day of the Parliament nothing was done but onely the setling of the Committees Upon Wednesday the 21. of Ianuary It was ordered that M. Selden and others should see if the Petition of Right and his Majesties Answer thereto were enrolled in the Parliament Rolles and the Courts of Westminster as his Majestie sent them word the last Session they should be and also in what manner they were entred which was done accordingly M. Selden reported to the House that his Majesties Speech made the last day of the Parliament in the upper House is also entred by his Majesties command M. Pymme moved that the debate thereof should be deferred untill Tuesday next by reason of the fewnesse of the House and the liberty of the Kingdome Sir Iohn Elliot It is true it deserves to be deferred untill there be a fuller House But it is good to prepare things I find it is a great point I desire a select Committee may consider thereof and also how other liberties of the Kingdome be invaded I finde in the Countrey the Petition printed indeed but with an Answer that never gave satisfaction I desire a Committee may consider thereof and present it to the House by what warrant it was printed which was ordered M. Selden In this Petition of Right it is knowne how lately it hath beene violated since our last meeting the liberties for Lease-person and Free-hold how have they beene invaded have not some beene Committees and contrary to that Now we knowing this Invasion must take notice of it We know of an order made in the Exchequer That a Sheriffe was commanded not to execute a Replevin and mens goods are taken away and must not be restored And also no man ought to loose life or limbe but by the Law And hath not one lately lost his Eares meaning Savage that was censured in the Starre-chamber by an Arbitrable Judgement and sentence Next they will take away our Armes and so our Lives Let all see we are sensible of these customes which creepe on us Let us make a just presentation hereof to his Majestie Norton at Barre Norton the Kings Printer was called to the Barre and asked by what warrant the Additions to the Petition were printed He said there was a Warrant as hee thought from the King himselfe And being asked whether there were not some Coppies printed without Additions He said there were some but they were suppressed by some Warrants Sir Iohn Elliott desired a clearer satisfaction might be made and that he might answer directly by what Warrant whereupon he was called in againe and said he did not remember the particular but sure there was a Warrant Thursday the 22. of Ianuary One M. Rolles a Merchant and a member of the House informed the House that his goods were seized by the Customers for refusing to pay the custome by them demanded although he told them what was adjudged to be done by Law he would pay Whereupon Sir Robert Phillippes spake as followeth Sir Robert Phillippes By this information you see the unfortunatenesse of these times and how full time it was for this Assembly to meet to secure his Majestie and to preserve our selves And I am confident we came hither with fulnesse of both and all shall conduce to a happie conclusion and to the Kings honour and to our owne Great and weighty things wound deepe Cast your eyes which way you please you shall see violations on all sides Looke on the liberty of the Subject Looke on the priviledge of this House Let any say if he ever saw or read the like violations by inferiour Ministers that over-doe their commaunds They know the party was a Parliament man Nay they said if all the Parliament was in you this we would doe and justifie If we suffer the liberty of this House to wither out of feare or complaint we give a wound to the happinesse of this Kingdome Here the course of Justice was intercepted An Order in the Exchequer was made for a stay of the goods since there is seizure upon the approach of Parliament of goods amounting to 5000 l. for a pretended duty of 200 l. In the first of King Iames by reason of the sickenesse that then was the Parliament was prorogued and then was some boldnesse to take this Tonnage and Poundage and then we questioned the men that demaunded Tonnage and Poundage for there was no right to demaund it Let us proceed with affection of duty to make up breaches Let a Committee proceed of these proceeding Here M. Littleton made a Speech to second him M. Littleton We have had good admonitions and we have followed them We have Moderation preached unto us in Parliament and we have followed it I would others did the like out of Parliament Let the parties be sent for that violated the Liberties of Parliament to have their Doome This Speech was occasioned by Secretarie Cooke who in his Speech desired that Moderation should be used Sir Iohn Elliott I see by this Relation what cause we have to be tender of the Libertie of the Subject and this House and yet withall to retein the Moderation as to give satisfaction to the world that our heart is fixed to serve his Majestie and to free us from offer of jealousie Three things are involved in this complaint 1. The Right of a particular Gentleman 2. The Right of the Subject 3. The Right and Priviledge of this House Let the Committee consider of the two former but for the violation of this House let us not be lesser then our forefathers Was ever the information of a member committed to a Committee Let us send for the parties Is there here a bare denyall of the Restitution of the goods Was it not also said that if all the Parliament were comeined in him they would doe as they did Let them be sent for It was ordered that the Officers of the Custome-House should be sent for M. Selden reported from the Committee concerning the printing of the Petition of Right That there were 5000 Coppies printed without any Additions at all which were published in the time of the last Parliament but since the Parliament other Coppies have beene printed with the Additions and these suppressed and made waste papers which the Printer did as he said by commaund from M. Atturney which he received from his Majestie And the Printer further said that M. Attorney was with the Lord Privie Seale at Whitehall
suppresse both Popery and Arminianisme The professour of the one being open enemies and maintainers of the others subtile and most dangerous undermyners of the Religion of Almighty God established in your Realme and Dominions The truth of which our holy Religion or any part thereof as being sufficiently knowne and generally received here of all the members of our Church except of some Schismaticall persons which have of late yeares taken the boldnesse to broach their contrary corrupt opinions we desire should not be called into doubt or question but howsoever it hath pleased your Majestie to our exceeding great comfort by many Testimonies to declare your owne constant resolution to maintaine the said Religion yet how your gratious purposes are therein crost and into what a miserable condition your whole Kingdome is likely by that meanes to be reduced we shall earnestly endeavour as that which doth nearely concerne the safety and prosperity of your Majesty and people in such sort disordered that the ruine thereby threatned to both may by Gods blessings be prevented being most heartily sorry that these occasions are offered which did thus hinder our occasions in proceeding and therefore aswell for the dignity and necessity of the matter as for that we receive it to be a most-speedy and effectuall way by uniting our hearts and endeavours to dispatch all other businesses of importance particularly those which may seeme more immediately to respect your Majesties profit We pray that our resolutions of preferring this businesse before all other may be acceptable to your Majestie To whom both in the matter and the manner of our proceedings we desire to give all possible satisfaction The Kings Answer to the Declaration of the House of Commons the third of February Ann. 1628. Gentlemen This Answer being somewhat long may by reason require some time to reply unto it since as most of you cannot but judge that this giveth no satisfaction therefore I shall give you some short notes upon it I cannot thinke that whereas you alleadge the Bill of Tonnage and Poundage was brought in against the priviledge of your House that you will offer to take so much priviledge from every one of your members as not to allow them the liberty to bring in any Bill whatsoever although it be in your power when it is brought in to do with it what you thinke good And I cannot imagine your comming together onely by my power and to treat of things that I propound unto you can deny me that prerogative to commend or offer my Bill unto you Though in this particular I must confesse that this Bill was not to have bin offered unto you in my name as that member in your House can beare me witnesse As for the cause of delay in my businesse being Religion here is none of you shall have a greater care for the true preservation of it then my selfe which since it is confessed by your Answer you must either thinke I want power which cannot be or that I am very ill counselled if it be in so much danger as you affirme Though I may say much of this point I will say no more but for all this I shall not stop my eares to you upon this subject so that in forme and matter you transgresse not your limits As for Tonnage and Poundage I doe not so much desire it out of greedinesse of the thing being perswaded you will make no great stop in it when once you take it in hand as out of desire to put an end to these questions that arise betweene Me and some of my Subjects thinking it a strange thing if you should give eare to these complaints and not to take the sure and speediest way to decide them Besides I must thinke it strange that this businesse of Religion should be onely a hinderer of my affaires whereas I am certainly informed all other things goe according to their ordinary course therefore I must still be instant with you that you proceed with Tonnage and Poundage with all diligence not looking to be derned in so just a desire And you must not thinke it strange if I finde you flacke I give you such farther quickning as I shall finde cause Tuesday the 3. of February Anno 1628. Secretary Cooke reported that himselfe and the rest of 〈◊〉 Committee attended his Majesty upon Monday And he said for my part I have used all diligence to 〈◊〉 all the commaunds of my Master and of this House And I find that some exceptions have beene 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 Maiesty I said it much concerned him and that his Majesty much desired it but this was mistaken as if his Majesty had commanded it and I required it in his name which I did not intend but to avoid dispute I said not this was an ordinary Revenue but that this Tonnage and Poundage was a meanes to enable his Majestie to set his Fleet to Sea After this Apologie he read his Majesties Answer to the Petition of the Lower House Sir Iohn Elliott Master Speaker I confesse this hath given great satisfaction for our present desires and future hopes and however I finde the mis-interpretation of some and the danger of our Religion yet I finde his Majesties eares open and that if those things be thus as we see that then he is not rightly counselled I am confident we shall render his Majesty an accompt of what he expects But Sir I apprehend a difference betweene his Majesties expression and the expression of his Ministers For Sir that Bill was tendered here in his Majesties name and now we finde that his Majesty disavowes it that he did it not what wrong is this done to his Majesty and to this House to presse things in his Majesties name to the prejudice and distraction of us all I thinke him not worthy to sit in this House Master Speaker This Honourable Person did explaine himselfe that he did not presse it in his Majesties name but onely commended it to your consideration Secretary Cooke I said that in regard of the difference betweene his Majestie and his Subjects my desire was to accommodate it Sir Humphrey May. If you be too quicke to except against the Ministers of his Majesty that serves his houshold it will discourage and stoppe our mouthes whose Service you daily commend Wednesday the 4. of February Anno 1628. M. Kirton The two Bishops named are the maine and great Roots Let us enquire what men they have preferred M. Coriton The Declaration now read came from his Majestie but it is by advise of his Ministers and sure they have not advised the right way That no dispute of Preaching must be one way or other this is to suppresse the truth and yet the contrary professors of it are preferred in the Church to the griefe of all good men Sir Walter Earle Mountague is a principall disturber
of the Church He was a Batchelour of Divinity I would know how hee came to be a Bishop two men are named in the last Remonstrance that are Privie Counsellours and it is very probable that these Ecclesiasticall Officers did give that advice to his Majestie Sir Humphrey May. I will let you know what I am privy unto It is true those two were named in the Remonstrance This point was pressed before the King and his Councell The King doth utterly dislike those Novellours then were these Bishops with teares in their eyes present and protested they hated those opinions and the Questions and they renounced them upon their knees Sir Iames Parrat It is said that these two Bishops were before the Councell and with teares did disclaime the opinions but we see their facts The Bishop of London Doctor Land did entertaine for his Chaplaine in his house one that did dispute the Arminian points who said what Arminians hold and write this I will maintaine and justifie upon my oath It was ordered that the complaint against Master Mountague should be taken into consideration and that a Committee should make search after the pardon A Petition was preferred against Cozens Master Sherland made report from the Committee about the search for the Pardons that they found Pardons sealed one to Bishop Mountague one to Cozens one to Doctor Mannering and one to Doctor Sibthorpes Sir Robert Phillippes If ever there came here businesse of like consequence I have lost my memory if ever King of England was abused in his mercy it is our King what persons are pardoned the greatest enemies to the Church and State that ever was standing under the judgement of Parliament they are pardoned betweene Parliaments If every man be not warned to search this into the bottome I would we might never regard any thing Yee see an offendor complained of and in stead of punishment Grace the goodnesse of our King is thus abused Let a select Committee consider of it and let Master Attorney certifie what is done and by whom and I hope we shall find those originall Instruments who have mis-led his Majestie It was ordered that a sub-Committee should have power to send for the Records and the Privy Seale and other Instruments belonging to the Pardons and to send for the parties and also to send to Master Attorney about his knowledge by whose signification the Pardons were obtained which was done accordingly Sir Robert Phillippes made report that we went to Master Attorney and found him in the Starre-Chamber and acquainted him with the Message He answered that he received a command from his Majestie in the last long Vacation presently after the end of the last Session to draw a Pardon and delaying it till Michaelmas Terme he said that he met with the Bishop of Chichester who intimated unto him his Majesties favour and requested him to draw his Pardon Master Attorney said he desired him to advise whither it would be any advantage to him or no after he met with a great Lord and a Privy Counsellour the Earle of Dorset who asked him if the Pardon for the Bishop of Chichester were drawne and desired him to dispatch it After this he said the Lord Carlton sent to him a warrant under the Kings hand to command him to draw the Pardon which he did and sent it to the Bishop of Winchester who interlined it And whereas the Pardon was but for one he put in foure Montague Cozens Sibthorpe Mannering Thursday the 5. of February Anno 1628. Secretary Cooke brought the Kings Answer to the House concerning the Fast viz. That it was his Majesties pleasure that the Fast should be kept by both Houses of Parliament on the eighteenth day of this instant February and for the whole Kingdome the 20. of March Friday the 6. of February Anno 1628. One Witherington was petitioned against who had formerly beene examined before the Lords of the Councell for depraving our Religion oftentimes calling the Protestants Heretiques wishing that an hundred of their throats were cut And to one that was a Papist and lately turned to our Religion he said he would be hanged and otherwise disgraced him It was ordered that he should be sent for The House being informed about two dayes agoe that a little before Cozens obtained his Pardon he was accused to Master Attorney by two witnesses for speaking words against the King and sent to Master Attorney about it Sir Robert Phillippes and others were appointed to examine this businesse whereupon report was made to the House by Sir Robert Phillippes as followeth Sir Robert Phillippes My part is to give accompt about the affidavits against Cozens and the diversion of the cause against him in the Starre-Chamber Master Attorney said that one Master Heath of Graies Inne came to him about Michaelmas Terme and affirmed that Cozens in a publique meeting said that the King had nothing to doe to be Head of the Church and that he had no more power to excommunicate then his servant that rubbed his horses heeles the Attorney acquainted his Majestie with it but his Majestie was not willing to beleeve that any man would dare say so much but that the compliant did arise from malice but hee charged the Attorney to make a carefull disquilition of it and if it were strongly proved that then hee should repaire to his Majestie Master Attorney did againe enquire after this businesse and said to Master Heath the matter is found and very improbable there is some mistake in it hereupon there were two Affidavits taken and they did sweare it point blancke Yet Master Attorney sent his Letters to Master Deane and others that were present when the words were spoken to require them to certifie whether the words were spoken or no upon that Certificate there was some variance about the words and thereby the businesse was lessened and being demanded if he had directions from any to desist he said no But casually he met with the Bishop of Winchester and hee told him of the complaint The Bishop said it will be nothing For King one of them that made the Affidavit is but a baggage fellow Sir Iohn Elliott It was our honour and duty not to passe these things over too sleightly I finde the Kings Honour and his Right is in question which we are all sworne to If I mistake not it is high Treason and that proved upon oath and presented to the Attorney His Majestie was acquainted with it who gave command to examine it and the Attorney was to certifie his Majestie In ordinary Felonies the Law doth not allow oathes contrary to the proceedings for the King here against two Affidavits a Letter and a Certificate must dath them all The Attorney informed the Bishop of Winchester with it who said that hee heard of such a complaint against Iacke Cozens but it was upon malice Let the persons that made these affidavits be sent for and let Master Attorney be sent for to answer why
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
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