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
neither knew of any thing to prove the persons Jesuites Sir Thomas Barrington delivereth the answer of Justice Iones who saith there were some papers offered by Master Long but hee knew not the contents thereof nor the reason why they were refused but hee came late for want of health and the second day was not there at all Sir Miles Fleetwood delivereth the Answer of Justice Whitlocke who said hee came late and therefore understood not the businesse and the second day was not there at all The like was reported by Sir William Constable from Justice Crooke Sir Thomas Barrington saith although Justice Iones did not write the name of the Lord Chiefe Justice yet in discourse named him to be the man that said the point in proofe is not whether they bee Priests or no Priests Sir Nathaniel Rich. Here is a charge of high nature on the Judges by Master Long that now Master Long may make his charge or suffer for it for there were witnesses enough in the Court. Ordered Master Long to be here on Thursday morning Ordered that the Justices about the Towne shall be required to deliver in all the names of the Recusants remaining about the Towne and their conditions and of what County they be It is ordered that the Gentlemen of the Innes of Court and Chancery shall give in their knowledge what Recusants are there Sir Iohn Stanhope That the Court may give in the names of the Recusants there and likewise by what Warrant they bee about the Towne and what publique charge of office any of these persons have Also what Priests and Jesuites are in any Prison in London for they are at liberty to goe sometimes five miles to a Masse Wednesday the 18. of February Anno 1628. A publique fast was kept by this House at Westminster where were three Sermons Thursday the 19. of February Anno 1628. Master Dawes One of the Customers called in to answer the point of Priviledge in taking Master Rolles goods being a member of this House saith hee tooke Master Rolles goods by vertue of a Commission under the great Seale and other Warrants remaining in the hands of Sir Iohn Elliott that he knew Master Rolles demanded his Priviledge but hee did understand his Priviledge did onely extend to his person not to his goods Master Dawes further saith he tooke those goods for such duties as were due in the time of King Iames and that the King sent for him on Sunday last and commanded him to make no other answer M. Carmarthen Another Customer called saith he knew Master Rolles to bee a Parliament man and that hee did not finde any Parliament man exempted in their Commission and if all the body of the House were in him he would not deliver the goods If he said he would not it was because he could not Master Wansford moveth that the delinquency of these men may be declined for the present and that wee may goe to the King by way of Remonstrance considering the matter from whence this doth arise if it were a single Priviledge it were easily determined M. Selden If there be any neare the King that doe mis-present our Actions let the curse light upon them not upon us and beleeve it is high time to right our selves and untill wee vindicate our selves in this it will bee in vaine to sit here Sir Nathaniel Rich moveth not to proceed in this untill it bee by a select Committee considered in respect the King himselfe gave order to stay those goods though the goods of a Parliament man Sir Iohn Elliott The heart bloud of the liberty of the Common-wealth receiveth life from the Priviledge of this House Resolved by Question that this shall be presently raken into consideration and being conceived to be a businesse of great consequence It is ordered that the House shall be dissolved into a Committee for more freedome of debate Master Herbert in the Chaire of this Committee Friday the 20. of February Anno 1628. A Petition of complaint of Conspiracy of a mans life by the Lord Deputy of Ireland and others to get the estate of the Petitioner to their owne use Which is referred to the Committee for course of Justice Sir Iohn Wolstenholme Another of the Customers called in saith hee was commanded from the King that the goods were taken for duties and no more that he sought not to farme the Customes and told the King being sent for to him that he was not willing to deale therein untill the Parliament had granted the same Master Selden conceiveth the case of these Customers doe differ in the degrees of their offences First for Master Wolstenholme what ever he saith here hee hath often confessed the goods were taken for Tonnage and Poundage so that hee brake the Priviledge in taking the goods so likewise in swearing one thing and the contrary plainly appearing upon proofe and his owne confession Master Dawes his case differeth onely in that Sir Iohn Wolstenholme is a Patternee and Dawes onely a Share Master Carmarthens case differeth in saying If all the Parliament were in him hee would not deliver his goods Ordered that Wolstenholmes case shall be first decided and the point is Whether by the Leafe Sir Iohn Wolstenholme having seized the goods hath interest or no or whether he be onely an accomptant to the King or not Master Glanvile Here is a summe of money advanced a Leafe granted for certaine yeares a certaine Rent received and though there be a Covenant to these men that if there be losse it shall be abated yet that cannot take away their interest the substance of the Affidavit made by the Customers in the Exchequer is That the goods of the Merchants seised by them and remaining in the Kings Store-house were seized onely for duties to the King mentioned in a Commission made under the Kings Signet and that themselves the Customers had no interest nor pretence of interest Saterday the 21. of February Anno 1628. A Petition by Master Thomas Symons in further complaint of the Customers and the two shillings six pence upon Currents granted to the Lord of Arundell which is referred to the Committee for Merchants Sir Robert Pye saith the Lord of Arundell hath delivered in his Patent to the King two moneths since At the Committee for Merchants Master Littleton argueth whether a Member of the House hath his goods priviledged upon a Prorogation being seised for the King All Priviledge is allowed for the benefit of the Common-wealth and the Parliament priviledge is above any other and the Parliament onely can decide priviledge of Parliament not any other Judge or Court That a man may not distraine for Rent in Parliament time but for all Arrerages after the Parliament he may distraine Hee is not to be impleaded in any action Personall nor his goods seized in the Exchequer A Record and Act of Parliament by Petition that because a servant of a Member of Parliament is in the Kings Royall protection that it
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
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
might be high Treason to kill a Parliament man and the King answered which made it a Law And for the Judges to determine Priviledge of Parliament were to super-head and make void the Law for the Prorogation the Priviledge stands good untill the day of Prorogation notwithstanding a Proclamation of new Prorogation That the King is never so high in point of State as in the Parliament citeth the case of Sir Robert Howard in the High Commission All Priviledges unlesse in Felonie Treason or breach of the Peace Sir Robert Phillippes That you see how fast the Prerogative of the King doth trench upon the liberty of the Subject and how hardly recovered Citeth many Presidents wherein the goods of a Member of Parliament were priviledged from seizure in the Exchequer the 19. Eliz. It was resolved in Parliament that twenty dayes before and twenty dayes after was the time of Priviledge Chancellour of the Dutchie That in this debate we may tye our selves to point of Law and Authority not to points of Reason and conceiveth that no Priviledge lyeth against the King in point of his duties Sir Francis Seymor I desire it may be debated whether this care doth concerne the King or no for I conceive these Customers have not made good that there was any Right onely Art used to entitle the King I conceive it an high offence for any man to lay the scandall of every project upon the King Master Glanvile Here is a cunning Affidavit in the Exchequer to entitle the King A meere cunning project and an offence of an high nature to shelter their projects under the command of the Crowne Secretary Cooke The point in question is not the Right of the Subject but the Right of the Parliament Priviledge and that in the case of Master Rolls and this is only now in question Sir Iohn Strangwage I know no reason why wee should draw a question upon our selves which we need not especially between the King and us I conceive it plaine those Customers tooke those goods in their owne Right not in the Kings in this the Priviledge is plainly broken wherein it is easily determined Master Bankes In this case there is no interposing of the Kings Right and the King this Parliament hath declared as much that the Courts of Westminster doe grant twelve dayes priviledge to any man to informe his Councell much more the Courts of Parliament are to have their priviledge The Kings command cannot extend to authorize any man to break the Priviledge no more then it will warrant an entry upon any mans Land without processe of Law Master Sollicitour If the King have no Right how can he make a Leafe then this pretended interest of the Customers must bee void and therefore their goods must be taken not in their owne Right but in the Right of the King M. Selden If there were any Right the pretended Right is in the Subject 1. Whether Priviledge in goods 2. Whether the Right were in the Customer onely 3. Whether Priviledge against the King If the Lords have no Priviledge of Parliament for their goods they have then no Priviledge at all for they are priviledged in their persons out of Parliament For the point of Interest it is plaine for no kinde of Covenant can alter Interest and questionlesse had the case in the Exchequer appeared to the Barons as it doth to us they would never have proceeded as they did if our goods may be seized into the Exchequer bee it right or wrong we had then as good have nothing Sir Nathaniel Rich. It was recorded the last Session in the Lords House and citeth other Presidents in this House that a servant of a member of Parliament ought to have priviledge in his goods decided by Question that a Parliament man ought to have priviledge of his goods Master Noye saith that these Customers had neither Commission nor command to seize therefore without doubt we may proceed safely to other Questions that the Priviledge is broken by the Customers without any relation to any Commission or command of the King Secretary Cooke saith it is in the Commission to seize but the Commission being read it is not found to bee there Chancellour of the Dutchie saith Master Dawes mentioned that hee seized those by vertue of a Commission and other Warrants remaining in the hands of Sir Iohn Elliott that therefore these Warrants may be seene whether there be not command to seize the goods Sir Nathaniel Rich. This dayes debate much rejoyceth me especially the motion made by Master Noye whereby it is plaine wee have a way open to goe to the Question without relation to the Kings Commission or command and desires it in respect there appeares nothing before us that doth incumber the Question Chancellour of the Dutchie againe desires these Warrants may bee looked into before wee proceed to the Question M. Kirtor Because this Honourable Gentleman presseth this so farre let it appeare with what judgement this House hath proceeded M. Glanvile I consent these Warrants bee sent for and read but withall if any thing arise that may produce any thing of ill consequence let it bee considered from whence it comes The Privy Counsellours are contented with this motion The Warrants being sent for and read it is plaine there is no Warrant to seize M. Kirton If now there be any thing of doubt I desire those Honourable persons to make their objections Chancellour of the Dutchie I rejoyce when I can goe to the Court able to justifie your proceedings I confesse I see nothing now but that we may easily proceed to the Question Master Secretary Cooke saith as much Master Hawkewell argueth against Priviledge in time of Prorogation Master Noye saith hee had no doubt but Priviledge was in force in time of Prorogation untill he heard this Argument of Master Hawkwell and saith hee hath heard nothing from him yet that doth alter his opinion and citeth a President wherein the Lords House hath this very Prorogation adjudged the Priviledge Master Hackwell saith hee is glad to heare it so and he is now of the same opinion Decided by Question that Master Rolles ought to have Priviledge of Parliament for his goods seized 30. of October 35. Iacobi and all since This Committee is adjourn'd untill Monday and the Customers are to attend Monday the 23. of February Anno 1628. Sir Humphrey May. I will never cease to give you the best advice I can We all agree A word is given We have wine and oyle before us If you goe to punish Delinquents there is vineger in the wound thinke of some course to have restitution Sir Iohn Elliott The Question is whether we shall goe to the restitution or to the point of delinquency of breach of Parliament and other feares I meet with this both here and else-where take heed you fall not upon a rocke I am confident that this will be some what difficult were it not for the justice and goodnesse of the King