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
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
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
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
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
THE DIURNALL OCCVRRENCES of every dayes proceeding in PARLIAMENT since the beginning thereof being Tuesday the twentieth of Ianuary which ended the tenth of March Anno Dom. 1628. With the Arguments of the Members of the House then assembled LONDON Printed by R. H. and are to be sold by William Cooke at Furnivals Inne Gate in Holborn Anno Dom. 1641. A TRVE RELATION of every dayes proceeding in PARLIAMENT since the beginning thereof being Tuesday the 20. of Ianuary An. Dom. 1628. VPon the said twentieth day of Ianuary being the first day of the Parliament nothing was done but onely the setling of the Committees Upon Wednesday the 21. of Ianuary It was ordered that M. Selden and others should see if the Petition of Right and his Majesties Answer thereto were enrolled in the Parliament Rolles and the Courts of Westminster as his Majestie sent them word the last Session they should be and also in what manner they were entred which was done accordingly M. Selden reported to the House that his Majesties Speech made the last day of the Parliament in the upper House is also entred by his Majesties command M. Pymme moved that the debate thereof should be deferred untill Tuesday next by reason of the fewnesse of the House and the liberty of the Kingdome Sir Iohn Elliot It is true it deserves to be deferred untill there be a fuller House But it is good to prepare things I find it is a great point I desire a select Committee may consider thereof and also how other liberties of the Kingdome be invaded I finde in the Countrey the Petition printed indeed but with an Answer that never gave satisfaction I desire a Committee may consider thereof and present it to the House by what warrant it was printed which was ordered M. Selden In this Petition of Right it is knowne how lately it hath beene violated since our last meeting the liberties for Lease-person and Free-hold how have they beene invaded have not some beene Committees and contrary to that Now we knowing this Invasion must take notice of it We know of an order made in the Exchequer That a Sheriffe was commanded not to execute a Replevin and mens goods are taken away and must not be restored And also no man ought to loose life or limbe but by the Law And hath not one lately lost his Eares meaning Savage that was censured in the Starre-chamber by an Arbitrable Judgement and sentence Next they will take away our Armes and so our Lives Let all see we are sensible of these customes which creepe on us Let us make a just presentation hereof to his Majestie Norton at Barre Norton the Kings Printer was called to the Barre and asked by what warrant the Additions to the Petition were printed He said there was a Warrant as hee thought from the King himselfe And being asked whether there were not some Coppies printed without Additions He said there were some but they were suppressed by some Warrants Sir Iohn Elliott desired a clearer satisfaction might be made and that he might answer directly by what Warrant whereupon he was called in againe and said he did not remember the particular but sure there was a Warrant Thursday the 22. of Ianuary One M. Rolles a Merchant and a member of the House informed the House that his goods were seized by the Customers for refusing to pay the custome by them demanded although he told them what was adjudged to be done by Law he would pay Whereupon Sir Robert Phillippes spake as followeth Sir Robert Phillippes By this information you see the unfortunatenesse of these times and how full time it was for this Assembly to meet to secure his Majestie and to preserve our selves And I am confident we came hither with fulnesse of both and all shall conduce to a happie conclusion and to the Kings honour and to our owne Great and weighty things wound deepe Cast your eyes which way you please you shall see violations on all sides Looke on the liberty of the Subject Looke on the priviledge of this House Let any say if he ever saw or read the like violations by inferiour Ministers that over-doe their commaunds They know the party was a Parliament man Nay they said if all the Parliament was in you this we would doe and justifie If we suffer the liberty of this House to wither out of feare or complaint we give a wound to the happinesse of this Kingdome Here the course of Justice was intercepted An Order in the Exchequer was made for a stay of the goods since there is seizure upon the approach of Parliament of goods amounting to 5000 l. for a pretended duty of 200 l. In the first of King Iames by reason of the sickenesse that then was the Parliament was prorogued and then was some boldnesse to take this Tonnage and Poundage and then we questioned the men that demaunded Tonnage and Poundage for there was no right to demaund it Let us proceed with affection of duty to make up breaches Let a Committee proceed of these proceeding Here M. Littleton made a Speech to second him M. Littleton We have had good admonitions and we have followed them We have Moderation preached unto us in Parliament and we have followed it I would others did the like out of Parliament Let the parties be sent for that violated the Liberties of Parliament to have their Doome This Speech was occasioned by Secretarie Cooke who in his Speech desired that Moderation should be used Sir Iohn Elliott I see by this Relation what cause we have to be tender of the Libertie of the Subject and this House and yet withall to retein the Moderation as to give satisfaction to the world that our heart is fixed to serve his Majestie and to free us from offer of jealousie Three things are involved in this complaint 1. The Right of a particular Gentleman 2. The Right of the Subject 3. The Right and Priviledge of this House Let the Committee consider of the two former but for the violation of this House let us not be lesser then our forefathers Was ever the information of a member committed to a Committee Let us send for the parties Is there here a bare denyall of the Restitution of the goods Was it not also said that if all the Parliament were comeined in him they would doe as they did Let them be sent for It was ordered that the Officers of the Custome-House should be sent for M. Selden reported from the Committee concerning the printing of the Petition of Right That there were 5000 Coppies printed without any Additions at all which were published in the time of the last Parliament but since the Parliament other Coppies have beene printed with the Additions and these suppressed and made waste papers which the Printer did as he said by commaund from M. Atturney which he received from his Majestie And the Printer further said that M. Attorney was with the Lord Privie Seale at Whitehall
and particulars and by petitioning him to remove all Papists and Popishly affected from the Court from places of Trust from places of Power Fourthly by examining the dangers and inconveniences of those late Commissions and instructions granted forth for the compounding with Recusants for their estates and forfeitures Fiftly by framing a charge to usher up Master Montague to the Lords not to his seat amongst the Reverend society of Bishops but to the Barre as an offendor against that House this and the whole Church of God But what good hath this our zeale brought to Religion what profit to the Church we all know and with thankfulnesse acknowledge That his Majesty gave a most gracious and pious answer to our Petition of Religion and to some particulars as fully as wee could desire which raised our hopes to the expectation of much good and some hath followed for it is true Master Speaker that the promised Proclamation to command Judges and other Ministers of Justice to put the Lawes in execution against Recusants their Priests and Jesuites is now extant which yet seemes to me to have beene so long kept by some back-friends to Religion and I am induced to thinke thus for these Reasons My first Reason I draw from common fame it being generally reported that in stead of life and motion to the Lawes in force against Recusants the Judges had in charge before the last Circuite to deale sparingly with them My second Reason I draw from the time when this Proclamation came forth which was five weekes after the ending of the Sessions when some of the Circuites were ended or so neare conclusion that the Judges could take little or no notice thereof And Thirdly from consideration of a former Proclamation dated the 7. of Iuly which though that passed not the Seale yet it did the Presse and in my poore opinion would never have gone so farre knowing the resolution of Counsells to be more certaine had not some men hoped to have prevented the latter by procuring the former as satisfaction which falls farre short of his Majesties pious intentions expressed in that his religious Answer And if with reverence I may speake my humble thoughts they doe both of them in conclusion too much encourage the worst of subjects to hope for his Majesties best favour too fairely invite them to compound for their forfeitures which course this House was bold to stile little lesse then a Tolleration Againe is the course of Recusants as yet restrained from the Court Nay doe they not since our Recesse frequent it with more confidence and greater alacrity doe not their hopes daily increase and themselves grow more insolent their feares ended with the Sessions Is the promised wrath as yet appointed to keepe them from Embassadours Houses Had the Judges in charge to informe themselves in their last Circuites and after their returne his Majesty of all such Papists and Popishly affected as they shall finde to bee in authority I have not yet heard it and to me those are all the knowne effects of that Religious Petition Next take notice of the abortion of that necessary Bill against Recusants which when wee hoped would have received life and perfection by the Royall assent perished in Embrion suddenly vanisht as being too cruell too mercifull Consider what fruit wee have reaped from that Petition and Information whereby we let his Majesty know the particulars of such Papists and Popishly affected as were in such Countey in Commission of the peace of Lieutenancie c. Are any of them since remooved Nay it is well if their numbers bee not encreased Oh Master Pymme this breakes the heart if God be God let us follow him And if Baal be God let us follow him and no longer hault betweene two opinions for whilst wee are thus carelesse in standing for God that wee dare scarce owne our owne Religion Is it any marvell that God estrangeth himselfe and will not owne us and by too woefull experience wee have cause to suspect since wee finde he goes not out with our Armies since so ill successe attends all our actions Wee have not yet made our peace with God And Master Pymme to these griefes and discouragements I finde an addition of that nature that threatens very ruine and desolation if not dissolution of Religion in this Land unlesse God himselfe take his own cause into his own hand And that is the countenancing and preferring of a plotting undermining and dangerous sect of upstart Divines when Arminians shall be grac't preferred before honester men when such desperate Divines as have fired a part of Christendome almost ruined our neighbours kindled their fire-brands and cast their dangerous sparkes abroad in our Church shall be encouraged to goe on in planting their damnable doctrines and positions which already have taken too deep footing too fact rooting in our Universities and many other parts of this Land You remember Sir what care and paines this House tooke as a matter of great consequence to frame a charge against Master Mouniague which was ready with the first oppertunity to have transmitted him to the Lords but those many interruptions we had gave breaking to that as to many other businesses of weight yet was this man shortly after the ending of the Sessions dignified with the sacred title of Bishop and Bishop of the See wherein his Predecessour a Grave Divine and Orthodoxe Prelate had laboured by his pen and directions to strangle those errours and to confute Master Mountague whose ready way to obtaine a Bishopricke is to undermine Religion and set the Church in a combustion Another also of his owne profession little better then himselfe I meane time-pleasing Mannering hath also tasted extraordinary favour This man attempted to make his holy function a meanes to seduce the Kings conscience to misguide his judgement to dis joynt his affections from his people to avert his minde from calling a Parliament The particulars of his damnable doctrine are yet fresh in your memories What could a man have done worse for hereby he did as much as in him lay violently to breake in peeces that coard to wrest in sunder that chaine which linkes and tyes and unites the hearts and affections of the Prince people together verily he that shall goe about thus to seduce or corrupt a Prince deserves to be hated of all men as much as those that attempt to poyson a publique spring or fountaine whereof all drinke for which offence of his hee received a just but moderate censures one particular whereof was that he should be disabled from holding any Ecclesiasticall dignity in the Church And although it bee confessed that the Doctor justly brought upon himselfe the censure of Parliament yet was this man after our rising released from his imprisonment reported to have the honour to kisse the Kings hand obtained his Pardon in Folio preferred to a rich Living and if fame say true cherished with assured hopes of future dignity in the Church