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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
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
me leave that have not yet spoken in this great cause to give some apprehension to have a feare For it is in the Parliament to make a new Religion I hope shall it be in any to alter the body of the Truth waich we now professe I must confesse Sir amongst all these feares we have contracted there ariseth to me not one of the least dangers in the Declaration which is made and published in his Majesties name And yet Sir this conclusion exclusively let me say that I may not be mistaken what ever in that or other things shall appeare to carry mention of his Majestie we have not the least suspition or jealousie of him We have that comfort in his Pietie and Goodnesse as if there be any misprision or errour I hope it is by those Ministers about him which not onely he but all Princes are subject unto And to cleare that that Princes are subject to misinformation and many actions may be entituled to their names when there is no suspition of it to bee done by themselves we leave to looke backe to Presidents and other times and what I finde in our Stories may be usefull in this Antiochus King of Asia sent his Letters and Missives to his Provinces c. That if they received any dispatches in his name not agreeable to Justice Ignoto s● litera● esse scriptas ideoque eis parent I finde by Plutarch of great King Antiochus of Asia who faith that Princes are obnoxious to abuses of Ministers and yet could not at all times be prevented and therefore he sent Messengers and Letters to all his Provinces that if there were any Letters or Dispatches sent under his name that came to them that were not warrantable by Law and agreeable to Justice it could not be conceived to be done by him and therefore they should not give way to it Sir I finde in another Booke and beseech you let it be apprehended Gratian did not onely note and confesse the same but added the reason also which the Masters of the Civill Law can testifie from their Bookes wherein is thus expressed Quòd verecunda poenitentium inchoatione Principes saepe restringantur ut non concedenda concedant Because that oftentimes with importunitie of Ministers and those about them Princes are drawne to grant things by them not fit to be granted as it was in that so it may be in this I speake it to this end to draw this conclusion That if there be any thing that bars the Title of his Majestie it may be his Ministers farre be it from me to have any suspition of him And now to that particular in the Declaration wherein I confesse with me an apprehension of more feare then we have in all the rest for in all the particulars we heard what is said of Popery and Arminianisme it is that our Faith and Religion is in great danger but it is by degrees Here Sir like an Inundation it doth breake in at once that we are in danger to be ruined and overwhelmed For I beseech you marke the ground of our Religion it is conteined in the body of these Articles If there be any difference in opinion concerning the sence and interpretation the Bishop and the Clergie in the Convocation have power admitted to them to doe any thing that shall concerne the continuance and maintenance of the truth being conteined in these Articles being different in the sence so as if there be any dispute about it it is in them to order which way they please And for ought I know Popery and Arminianisme may be a sence introduced by them and then it must be received Is it a slight thing that the power of Religion should be left to the power of these men I honour their Professions and honour their calling in Reverend Bishops but I honour not these men give leave unto me to say the truth that we professe is not mens but Gods and God forbid man should be made to judge of the Truth Looke upon the conclusion they have made and from thence draw their arguments I remember a character I have seene in a Diary of Edward the sixt that young Prince of famous memory wherein he doth expresse the conditions of the Bishops and Clergie of his time under his owne hand-writing That some for sloath some for age some for ignorance some for luxury and some for Popery they were unfit for discipline and government I hope it is not so with us Nay give me leave to vindicate the honour of those men that openly shew their heart to the truth There are amongst our Bishops such as are fit to bee made examples for all ages who shine in vertue like those two faithfull witnesses in Heaven of whom we may say that Elegie which Seneca did of Caius that to their memories and merits No hoc quidem obstet quod nostris temporibus nati sunt To whose memory and merit I may use the saying that others faults are not prejudiciall to their vertues are so industrious in their workes that I hope posteritie shall know that they are men that are firme for the Truth But Sir that all are not such so free sound and orthodoxe in Religion as they should witnesse the men complained of and you know what power they have Witnesse the man nominated lately in Master Montagues I reverence the Order I honour not the man others may bee named as bad I apprehend such feare that should be in their power we may be in danger to have our whole Religion overthrowne But I give this for testimonie and thus farre expresse my Religion against all the power and opposition of these men or whensoever any opposition of these men shall come we shall maintaine the Religion we professe for that we have beene borne and bred nay Sir if cause be in that I hope to die Some of these Sir you know are Masters of Ceremonies and they labour to introduce new Ceremonies into the Church some Ceremonies are usefull give me leave to joyne with you in one that I hold necessary and commendable That at the repetition of the Creed we should stand up to testifie the resolutions of our hearts that we should defend the Religion we professe And as in some Churches it is added they did not onely stand upright with their swords drawne but said if cause were they did hope to defend their Prince Countrey and Religion and would draw their swords against all that opposed This I speake out of that care I have to preserve the honour of our King who I feare by these Innovations of Religion may have sought to undermine it But to come to the manner and methode of our proceedings having made the expression wherein if I have transgressed the rule propounded I receive your pardon I desire to avoid confusion and distraction that we may goe presently to the ground of our Religion and lay that downe a rule on which all others rest Then when that is
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
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