for Mr. Long, who was formerly acquainted with that business, as I was advised to do by Mr. Secretary Cook, and desired him to take special care thereof at the Sessions. And I did not conceive, that by the Order I was directed to go thither my self; but if I had been so directed, and had so conceived it, I should not have declined the service. I know not, nor never heard of any Lands conveyed to the use of these persons, or of any Foundation there; but there was some men∣tion made thereof in some of the Papers delivered to me by Mr. Secretary, but so generally, as I know not how to enquire thereof; but I did take care to entitle the King to the Goods, as the especial direction to me was by the Order of the Board; and the Indictment failed to be found against all but one: And I have Warrant to the Treasurers Remembrancer of the Ex∣chequer, for a special Commission to that purpose; and I advised with Mr. Long who were fit Commissioners for that purpose; and after with Mr. Scrivener: and a Commission was granted to Gentlemen of very good quality, and an inquisition is found and re∣turned accordingly, whereby the King is entituled to the Goods.
I had warrant from his Majesty to bail them: but for the manner of that, I must crave leave to acquaint the King therewith, before I answer any further.
I understood that an Indictment was preferred a∣gainst three of them, for Treason, and I did direct Mr. Long, that if the Indictments should not be found for Treason, yet to tender them and all the rest the Oath of Allegiance, to bring them within the King's mercy, upon a Premunire, if they should refuse the Oath: and I understood the Oath was ministred to them accordingly at that Sessions; and I understood af∣ter, that the Indictment was found against one of them only to be a Priest, and that the other were quit. There∣fore receiving an express commandment from the King for the bailing of them, I did conceive they were bail∣able, which otherwise of my self I would not have done: The Bonds I took, and kept them my self; for the Sure∣ty, I refer my self to the Bond, and understand that some of them were House-keepers in the Town.
I gave directions for Indictments to be drawn a∣gainst them; but I gave no special directions, whe∣ther it should be drawn against Jesuits or Priests, but left that to the care of Mr. Long; and did not then conceive there was any difference in the substance of the Indictment for Treason between Priests and Je∣suits.
I can give no special reason, why I rather bound them to appear at the Council-Table, th••n at the Sessions, but only this, because I received my first directions, from the Council-board.
When the Sessions was past, I did enquire of Mr. Long, what was the success of these Indictments; who informed me, That one only was found guilty of being a Priest; and thereupon I gave order for the Commission before mentioned to enquire of their goods.
And being again sent unto for a clearer An∣swer, he said, For the Warrant which I received for the discharge of the Prisoners, and the Bond taken by me upon their deliverance, which has a dependance up∣on that Warrant, and whereof ye require an account, I have attended his Majesty, but yet have no leave to shew them; and the Bonds being taken but in Decem∣ber last, I keep them with me, as I conceive was pro∣per for my place; but shall be ready to deliver them when I shall receive a commandment to that purpose.
And now again the Customers are call'd into the Commons House about the seizing of Mr. Rolls's goods, a Member of the House of Commons, who said, That he took Mr. Rolls's Goods by virtue of a Commission under the Great Seal, and other War∣rants. That he knew Mr. Rolls demanded his Pri∣viledge, but he did understand his Priviledge did only extend to his person, not to his goods. And he fur∣ther said, He took those goods for such Duties as were due in the time of King James; and that the King had sent for him on Sunday last, and command∣ed him to make no other Answer.
Mr. Carmarthen, another of the Customers, be∣ing called in, said, That he knew Mr. Rolls to be a Parliament man, and told him, He did not find any Parliament man exempted in their Commission. And as for the words charged on him, that he should say, If all the Body of the House were in him, he would not deliver the goods; he answered, If he said he would not, it was because he could not.
Mr. Selden hereupon said, If there be any near the King that doth mispresent our actions, let the curse light on them, not on us; and believe it, it is high time to vindicate our selves in this case, else it is in vain for us to sit here.
Hereupon the House is resolved into a Grand Committee to debate the matter; some were of opinion that the Customers abstracting from the King's Command and Warrant whereby they acted, should be proceeded against, and that it was but fit that his Majesties interest, and the interest of the Customers should be distin∣guished, though they were plainly told by the Secretary, that this would not clear his Maj••∣sties Honour, and what they had done was done by his Majesties express knowledge and com∣mand, which his Majesty also the same day avow∣ed openly at the Council. Upon this Message of his Majesties by the Secretary, the Prelates are cried out upon in the House of Commons, and that what was done was done by those who abetted the Popish party, and indeavoured a breach 'twixt his Majesty and his good Subjects the Commons: To which one replied, We have Oyl and Vinegar before us; if you go to punish the Customers as Delin∣quents, there is Vinegar in the wound: Think rather of some course to have restitution. Others of ano∣ther temper said, Delinquency cannot be named, but presently a breach must be intimated. When we do that which is just, let there be no fear nor memory of breaches, and let us go to the Delinquency of the men.
Upon this Sir John Elliot, the great Caius Ma∣rius, names the Bishop of Winton, and the Lord Treasurer Weston, In whose person (said he) all evil is contracted; I find him acting and building on those grounds laid by his Master the great Duke; and his spirit is moving to these interruptions, and they for fear break Parliaments, lest Parliaments should break them: I find him the Head of all the great Party; the Pa∣pists, all Jesuits and Priests derive from him their shel∣ter and protection, &c.
Others now interposing, he was desired to go on with his Speech, and did it. After this the Speaker was desired by the House to put the Que∣stion then proposed, but he would not do it, say∣ing, He had order from his Majesty not to do it.
Mr. Selden replies upon him, Dare not you, Mr. Speaker, put the Question we when command you? If will not put it, we must sit still; thus we shall never be able to do any thing. They that come after you may say, They have the King's command not to do it. We sit here by the command of the King under the Great Seal, and you are, by his Majesty, sitting in this Royal Chair, before both Houses, appointed for our Speaker; and now you refuse to perform your Office.
Upon which the House adjourned till the 25th of February, and thence further adjourned by his Majesties command till March the second, at which time the House met, and they requiring the Speaker, as before, to put the Question; he said,