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A82768 The diurnall occurrences 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. England and Wales. Parliament. 1641 (1641) Wing E1526; Thomason E178_12; ESTC R2426 43,658 82

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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
added unto us Let us consider the times past how they flourished in honour and abundance when Religion flourished amongst us but as Religion decayed so the honour and strength of this Kingdome decayed When the soule of a Common-wealth is dead the body cannot long over-live it If a man meet a Dogge alone the Dogge is fearefull though never so fierce by nature but if the Dogge have his Master by him he will set upon that man from whom he fled before This shewes the lower natures being backt by higher encrease in courage and strength and certainly man being backt with omnipotence is a kinde of omnipotent thing All things are possible to him that beleeveth and where all things are possible there is a kinde of omnipotence wherefore let us now with an unanimous consent of us all resolve to make a vow and covenant henceforth to hold fast our God and our Religion and we shall from henceforth certainly expect prosperity unto this Kingdome and Nation and to this covenant let every one say Amen Sir Francis Seymor If Religion be not a rule to all our actions what policie can we have if God fights not our battels the helpe of man is in vaine In our defects the cause thereof is our defect in Religion and the sinne thereof is Idolatrie and Popery Papists encrease more now then ever neither doe they want their Priests and Masses Nay his Majesties name is used to stop proceedings against Papists and that since the Parliament contrary to his Majesties goodnesse and publique profession and contrary to his many Proclamations and many Instructions to the Judges and whatsoever is done in the Country is undone above M. Kirton Master Speaker This businesse that we have in hand concerning our Religion is of dangerous consequence if it bee not throughly looked into I thinke that no man that sits here but is sensible in what danger now it stands if this Honourable House doe not finde some speedy remedy for it It was apparant to every man that new opinions are brought in by some of our Churchmen to disturbe our peace and the meaning of these Churchmen can be no other then to bring in the Romish Religion amongst us for it hath ever beene Jesuiticall policie first to worke a disturbance then afterward a change we must seeke the cause I shall briefely speake my opinion that is that this proceedeth from the ambition of the Clergie that are neare his Majestie for it is well knowne that at first the Church of Rome and that we professe were all one and that the ambition of the Clergie begot and brought in all these differences that are now betwixt us The highest dignitie they can here attaine unto is but an Archbishopricke but a Cardinals Cap is not here to be had I beleeve some of them affect that too well and in some we see the effects how they change their opinions for advancement and then they will turne white into blacke and blacke into white This being so our endeavour must be to take away the roote and then the branches will decay themselves It is not the calling of the Appeale to Caesar will doe it for if they can get Bishopricks for writing such books we shall have many men that will write bookes in that kinde It behoves us all every man according to his ability to imploy himselfe for the search of these things and that we may finde out the matter and the men that we may present them and the danger that this Kingdome stands in by them to his Majestie And for mine owne part as God shall enable me I will doe my best herein M. Sherland We have a Religion that is worth the loving with all our hearts it was setled by the bloud of Martyrs and kept by Miracles To have our noses wiped of this would grieve my heart to see more to behold our Religion goe away and designes daily made on it and Arminianisme still to encrease as it doth I admire I perswade my selfe the greater part of the Clergy Nobility and Gentry are firme but it is the desires of some few that labour to bring in a new faction of their owne and so they drop into the eares of his Majestie That those that oppose them oppose his Majestie and so they put him upon designes that stand not with publique liberty That he commands what he lists with Lives Goods and Religion and doth as he pleaseth And so they involve all true hearted Englishmen and Christians under the name of Religious Puritans and so involve his Majesties quarrels to be theirs which is Treason of the highest qualitie Tuesday the 27. of Ianuary A Petition was exhibited against one Lewis that said that about the 25. of December The Devill take the Parliament which was avowed by two witnesses and though it was spoken our of Parliament yet it was resolved to be an offence to the Parliament and it was ordered that he should be sent for Sir Nathaniel Rich tendred a Petition concerning the Fast which was agreed to be preferred to the King as followeth It was ordered that conference should be dosired with the Lords about this Petition who desired to joyne with the Commons The King sent a message by Secretary Cooke to this effect viz. His Majestie understanding that the Remonstrance was called for to take away all quesition commanded me to deliver it to you but hoping you proceed with the Bill of Tonnage and Poundage and give precedencie to that businesse and to give an end to further dispute betweene some of his Subjects or else he shall thinke his Speech which was with good applause accepted had not that good effect that he expected But before the message a report was made by M. Pymme from the Committee of Religion where a motion was made about the Remonstrance last Session concerning that part which concerneth Religion and the Clerke answered that by command from the King he delivered it to the Lord Privie Seale and so the Committee proceeded no farther Sir Walter Earle replyed to the message the last part of the message calls me up for point of Precedencie Religion challengeth Precedencie and Right of our best endeavours Vbi dolor ibi digitus I know Justice and Liberty is Gods cause but what good will Justice and Liberty doe if Popery and Arminianisme joyne hand in hand together to bring in Spanish Tyranny under which those Lawes and Liberties must cease what hath beene done for Religion since the last Session we know what Declarations have beene made what Persons advanced what Truths confirmed by all authority of Church Councels and Kings for my part I will foregoe my life estate and liberty rather then my Religion and I dare boldly affirme That never was more corruption then is at this time Humana Consilia castigantur ubi caelestibus se praeferunt Let us hold our selves to this methode and that God that carried us out of so many difficulties the last Session will not be wanting
when we doe that which is just let there bee no feare or memory of breaches and let us now goe to the delinquency of these men and that is the way to procure satisfaction Secretary Cooke We laboured the last day to bring us to our end and now we fall to this issue to proceed to the delinquency of these men our ground is because they have no command from his Majesty I must speake plaine English his Majesty tooke notice of our labour last Saterday to sever the Act of the Customers from his Majesties command His Majesty commanded me to tell you that it concernes him in a high degree of Justice and Honour that truth be not concealed which is what they did was his owne direct order and command of the Councell Board himselfe being present and therefore he will not have it divided from his Act. Report was made from the Grand Committee that they tooke into their consideration the violation of the liberty of the House by the Customers and at last they resolved that a Member of the House ought to have priviledge of person and goods and the command of his Majestie is so great that they leave it to the House Secretary Cooke reported a message and command from his Majesty and said that howsoever the House laboured to sever the Kings interest His Majesty thinkes that this distinction will not cleare his Honour and he will not be drawne to doe that that may touch him though others may make distinctions Sir Robert Phillippes I had rather pray to God to direct us then give any direction Now the Kings Honour Justice and Government are presented to us and also the essentiall liberty of this House and are wee now fit for a debate In the greatest retirement our best thoughts are summoned to resolve what to doe Hereupon the House was adjourn'd till Wednesday next On Wednesday the 25. of February 1628. both Houses by his Majesties command were adjourn'd till Monday morning next Monday the second day of March Sir John Elliott made a Speech as followeth God knowes that I now speake with all duty to the King It is true the misfortunes we suffer are many We know what discoveries have beene made how Arminianisme creepes and undermines and how Popery comes upon us they maske not in strange disguises but expose themselves to the view of the world In search of these we have fixed our eyes not simply on the Actors the Jesuites and Priests but on their Masters those that are in authority thence it is we suffer the feare of them makes these interruptions You have some Prelates that are their Abettors That great Bishop of Winchester we know what he hath done to favour them The feare extends to some others that contract a feare of being discovered and they draw from thence this jealousie That is the Lord Treasurer a man in whose person all evill is contracted I finde him Acting and Building on those grounds laid by his Master the great Duke and his spirit is moving for this interruption and for this they breake Parliaments least Parliaments should breake them I finde him the head of all that great party the Priests and all the Jesuites derive from him their shelter and protection He dismayes our Merchants and hee it is that invites Strangers to come in to drive Trade to serve their owne ends Thus was put to Question but Master Speaker refused to doe it and said he was otherwise commanded by the King Whereupon Master Selden speake as followeth You Master Speaker say you dare not put the Question which we commanded you if you will not put it wee must sit still and so wee shall never be able to doe any thing they that come after you may say they have the Kings command not to doe it Wee sit here by the command of the King under the great Seale and for you you are by his Majesty sitting in his Royall Chaire before both Houses appointed our Speaker and you now refuse to be our Speaker The Protestation of the Commons in Parliament 1. Elliot Hollis Whosoever shall bring in an Innovation in Religion or by favour or countenance seeke to extend or introduce Popery or Arminianisme or other opinions disagreeing from the true and orthodoxe Church shall bee reputed a capitall enemy to this Kingdome and Common-wealth 2. Whosoever shall counsell or advise the taking and levying of the Subsidies of Tonnage and Poundage not being granted by Parliament or shall be an Actor or Instrument therein shall likewise be reputed an Innovator in the government and a capitall enemy to this Kingdome and Common-wealth 3. If any Merchant or person whatsoever shall voluntarily yeeld or pay the said Subsidies of Tonnage and Poundage not being granted by Parliament he shall likewise be reputed a betrayer of the liberties of England and an enemy to the same Thereupon the House was dissolved by Proclamation The Kings Speech upon Thesday the tenth-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 decivati●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
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 ●ast and the Archbishop of Yorke after hee had made a short Speech presented it to his Majestie in the name of both Houses The Petition of both Houses for the Fast. Most Gratious Soveraigne It is the hearty and very earnest desire of us your most dutifull and loyall Subjects the Lords Spirituall and Temporall and Commons in this present Parliament assembled that this our meeting be abundantly blessed with all happy successe in the great and urgent affaires of Church and State upon which we are to consult and that by a cleare understanding both of your Majesties goodnesse to us and of our ever faithfull and loyall hearts to your Person and service all feare and distractions which are apparant signes of Gods displeasure and of ensuing mischiefe being removed there may be this Session and for ever be a perfect and most happy union and agreement between your Majesty and all the estates of your Realme but humbly acknowledging that this nor any other blessing can be expected without the favour of Almighty God upon the observation of the continued and encreasing miseries of the reformed Churches abroad whose cases with bleeding hearts we compassionate as likewise of those punishments already inflicted and which are likely in great measure to fall upon our selves We have just cause to conceive that the Divine Majesty is for our sinnes exceedingly offended with us We doe in these and all other pious respects Most Deare Soveraigne humbly beseech your Majestie that by your Royall commandement not onely our selves but all the people of your Kingdomes may be speedily enjoyned upon some certaine day by your Majestie prefixed by publique Fasting and Prayer to seeke reconciliation at the hands of Almignty God so that the Prayers of your whole Kingdome joyned with your Majesties most Princely care and the faithfull and hearty endeavours of this great Councell now assembled may procure glory to Almighty God in the preservation of his true Religion much honour to your Majestie prosperitie to your people and comfort to all your Majesties friends and Allyes The Kings Answer to the Petition for the East My Lords and Gentlemen The chiefest motive of your Fast being the deplorable estate of the reformed Churches abroad is too true and our duties are so much as in us lyeth to give them all possible helpe but certainly fighting will doe them much more good then fasting though I doe not wholly disallow of the latter yet I must tell you that the customes of Fasts every Session is but lately begun And I confesse I am not fully satisfied with the necessitie of it at this time yet to shew you how smoothly I desire your businesse to goe on eschewing as much as I can Questions or I doe willingly graunt your requests herein but with this note that I expect that shall not hereafter be brought into president for frequent Fasts except upon great occasions As for the forme and time I will advise with my Lords the Bishops and then send you a particular answer to both Houses The Declaration of the Commons Most Gratious Soveraigne We have within these three dayes received from your Majestie a message putting us in minde of our present entring upon the present consideration of a grant of Tonnage and Poundage but the manner of the possessing the House therewith being disagreeable to our orders and priviledges so that we could not proceed therein and finding our selves in your Majesties name pressed in that businesse and that we should give precedencie thereunto we cannot but expresse some sence of sorrow fearing least the most hearty and forward affections wherewith we desire to serve your Majestie are not clearely represented unto you besides such is the sollicitous care we have of preserving our selves in your Majesties most gratious and good opinion that it cannot breed but much trouble in us when ever we finde our selves as now we are enforced to spend that time in making our humble Apologies from whence doe usually arise long debates which we conceive might be very profitably applyed in the great services of your Majesty and the Common-wealth which we did with all humble diligence apply our selves unto and finding the extreame dangers wherewith our Religion is threatned clearely presenting themselves to our thoughts and considerations we thinke we cannot without impiety to God disloyaltie to your Majesty and unthankfullnesse to those from whom we are put in trust retarde our proceedings untill something be done to secure us in this maine point we preferre our lives and all earthly things whatsoever And here we doe with all humble thankfullnesse acknowledge your most pious care and Princely intentions to
If these bee steppes to Church preferment God be mercifull to those Churches which shall fall under the government and feeding of such a Clergie Thus Master Pymme you see the issue of our good endeavour vanisht into smoake what should be the reasons I know not But I may well gnesse it comes by the like practises as were used in King Iames his time for then had we the like gracious Answers to Petitions of Religion the like Proclamations the like Declarations and like Commands to put Lawes in execution against Recusants and yet little done being prevented by secret directions and commands of some eminent Ministers of State which I am able to justifie by a letter under their hands which I have now about me And I wish that all such as have notice of any such private letters as have beene sent for the stay of execution of those Lawes would give this House knowledge thereof Sir Robert Phillippes If ever were a necessity of dealing plainly and freely this is the time there is an admission of Priests and Jesuites as if it were in Spaine or France This encrease of Papists is by connivance of persons in Authority Nine hundred and forty persons in houses of Religion being English Irish and Scots in the Netherlands maintained by the Papists of England And of this I shall deliver the particulars that wee may frame a Remonstrance to the King That unlesse there be some better performance of his Majesties so many Answers to so many Petitions our Religion will be past recovery M. Coriton That those Papists by Lawes or Acts of State may be removed from their offices which wee have just cause to suspect Master Selden moveth things may be debated in order and first for the releasing the Jesuites that were arraigned at Newgate whereof one was condemned they were ten in number which were Priests who had a Colledge here in London about Clarkenwell and these men could not attempt these Acts of boldnesse but that they have great countenancers Secretary Cooke That a Minister of State which is said to be himselfe having notice of these ten and this Colledge intended to be kept at Clarkenwell That it is plaine there was a place appointed for this Colledge and Orders and Reliques prepared This Minister made the King acquainted with it and I should not doe my duty if I should not declare how much his Majestie disliked it His Majestie referres it to the especiall care of the Lords of the Councell who examined the same sent these ten persons to Newgate and gave order to Master Attorney to prosecute the Law against them That this Colledge was first at Edmonton removed from thence to Camberwell and thence to Clarkenwell Ordered that all the Knights and Burgesses of the House shall to morrow morning declare their knowledge what Letters or other hindrances have beene for the staying of proceedings against Recusants M. Long. A Justice of Peace who is said to understand much in the businesse of the Colledge of Jesuites at Clarkenwell is sent for and examined saith hee by the appointment of Master Secretary Cooke apprehended those persons and tooke their Examinations and saith further that he heard they were delivered out of Newgate by order from Master Attorney That Master Middlemore a generall Sollicitour for the Priests hired this house for the Lord of Shrewsbury a Papist and that there are divers Bookes of Accompts of Receipts and Disbursements to the value of three hundred pounds per annum with divers Recusants names who allowed towards the maintenance of this Colledge and these bookes and papers are in the hands of Master Secretary Cooke Secretary Cooke saith hee cannot so amply declare the truth of the proceedings herein untill that he have leave from his Majesty One Crosse a Pursevant is to be examined in this who likewise saith he can discover divers stoppings of the execution of Lawes against Recusants Saterday the 14. of February Anno 1628. A complaint against the Lord Lambert a Baronet of Ireland and a member of this House who being a Collonel of Souldiers in Middleborow hath imposed 4 d. upon every Souldier towards his Officers charges and the Petitioner for refusing to pay was set in the stockes and after by the Lord Lamberi commanded to a Prison It is ordered that the Lord Lambert be sent for to answer this Sir Iohn Ipsley desireth leave to answer a complaint that is against him in the Lords House M. Selden That the use was and citeth a president that no Commoner could bee called to the Lords House but it will trench much to the disadvantage of the priviledge of this House and untill 18. Iacobi there was never president to the contrary that therefore this may be considered of by a select Committee Ordered that Sir Iohn Ipsley shall not have leave Master Chancellour of the Dutchie stiffely secondeth the motion of Master Selden Master Secretary Cooke I am as carefull to maintaine a good correspondencie with the Lords as any man but connivances in this kinde may overthrow the fundamentall Rights and Liberties of this House Let it be therefore seriously considered of for this not onely concerneth the Right of this House but the Liberty of the whole Kingdome or Common-wealth Ordered a speciall select Committee shall bee appointed to confider of this Master Chancellour of the Dutchie delivereth an answer from the Barons of the Exchequer as followeth Whereas the Honourable House of Commons by order this twelfth of this instant February have appointed that notice should be given to the Lord Treasurer Chancellour and Barons of the Exchequer for a Declaration made by Sir Iohn Wolstenholme Abraham Dawes and Richard Carmarden then in the said House of Commons of the goods that the Merchants brought into the Kings Store-house and laid up there for his Majesties use were detained onely as they conceive for the duty of Tonnage and Poundage and other summes comprised in the books of Rates which notice was given to the end the said Court of Exchequer might further proceed therein as to Justice should appertaine Now the Lord Treasurer Chancellour and Barons out of their due respect to that Honourable House and for their satisfaction doe signifie that by the orders and injunctions of the said Court of Exchequer they did not determine nor any wayes trench upon the right of Tonnage and Poundage and so they did declare openly in Court at the making of these orders Neither did they by the said Orders or Injunctions barre the owners of those goods to sue for the same in a lawfull course But whereas the said owners endeavoured to take those goods out of the Kings actuall possession by Writs or Plaints of Replevin which was no lawfull Action or course in the Kings case nor agreeable to his Regall prerogative Therefore the said Court of Exchequer being the Court for ordering the Kings Revenue did by those Orders and Injunctions stay those suites and did fully declare by the said Orders that the
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
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
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