The sovereigns prerogative and the subjects priviledge discussed betwixt courtiers and patriots in Parliament, the third and fourth yeares of the reign of King Charles : together with the grand mysteries of state then in agitation.

At the Committee for Religion.

Sir. Iohn Elliot,

FOr the way of our proceedings, to shew the weight and unitie thereof to all the world, we have laid a good foundation. I col∣lect out of the particulars about the Article of Lambeth, that the dif∣ference was in the manner of the use of them, but all did profess the truth and worth of them: at which unitie in all our hearts we may all rejoyce; whereas the enemie abroad gives out, that we are at faction amongst our selves, whereas all of us took them granted, not onely to make use of them to oppose our adversaries, but also for the worth of them. Let us boldly relie on the ground alreadie laid, let us look to them that offended us in this our truth, which I hope we shall live and die in, if there be cause. Are there Arminians? (for so they are called) look to this, see what degree they creep, let us observe their Books and Sermons, let us strike at them, and make our charge at them, and vindicate our truth that seems yet obscure: and if any justifie themselves in their new opinions, let us deal with them, and then testimonie will be needfull, our truth is clear, our proofs will be many, and if these parties will dare to defend themselves, then seek for proof.

The Remonstrance of the last Parliament was read in part about Arminians, and also his Majesties Declaration printed with the book of Articles, and the Proclamation against Mountagne.

Wednesday Febr. 4.

A Bill preferred that no Clergie-man shall be in Commission for Peace, except Bishops, Deans, Vice-Chancellors of both Uni∣versities, &c. within their severall jurisdictions.

Doctor Reeves, which sat as Judge upon the Conservation of Mr. Mountague, called in and examined, saith, That Objections were offer∣ed

Ore tenus, and after offered in writing, but he rejected the same, because they had not an advocates hand; and upon the whole saith, he durst neither admit of any objections for the present, nor give time for the same, upon pain of premunire by the Statute.

Doctor Talbot and Doctor Steward are assigned for Councel with Mr. Iones the Printer in his Cause.

Mr. Selden,

THe point considerable is not whether Doctor Reeves hath done well or ill, for he did but as any discreet man would have done, but the point is now whether Mr. Mountague be a lawfull Bishop or no. Neither is the question to be debated, whether the exceptions be lawfull or no, but being legal, of what force they be to hinder the confirmation of the Bishop. All which is agreed, and Doctor Reeves for the present discharged.

A Petition is preferred by Thomas Ogle against Doctor Cosens, with Articles annexed thereunto, tending to the introducing of Popish Doctrine and Popish Ceremonies into the Cathedral Church at Durham.

Sir Euball Thelwall,

THere were two affidavits that Cosens should say, That the King had no more to do with Religion than his Horse-keeper; and that by the appointment of Mr. Attorney these affidavits were taken, and he said, to the end a Bill in Star-chamber might be filed against him. But since Cosens hath his pardon; and the King was told it was onely raised by the spleen of some Puritane.

Mr. Shervile,

DEsired that search might be made for the pardons; There were four pardons under the Great Seal granted to Mountague, Sib∣thorpe, Cosens and Manwering: it pardons all Treasons, Premunires, Errors, erronious Opinions, and all false Doctrines, scandalous Speeches or Books, and all offences by word and deed, all corrupt con∣tracts, &c. Treason to the person of the King, and Witchcraft onely excepted.

Mr. Rousse,

HEre are four persons that have made the Common-wealth sick; thus by the Phisick you see the Diseases: but I conceive there is other physick to be ministered to those rotten Members, for que∣stionless this is not to be cured but by cutting off those Members.

Mr. Kirton,

MAster Kirton moved, that the procurers of these Pardons might be enquired after, that it might be seen, who gave order

to the Signet for the going forth of those Pardons; for questionless there are Cosens at Court too.

Sir Robert Philips,

IF ever any was abused, it was our King in granting those pardons: we would save the time of doing any thing, if this be not searched to the bottom. The goodness of our King is much abused. I desire the Attorney may give account by what Warrant he drew these par∣dons, so shall we find out those that misled the King to the heart-grief of us all. It is high time to find out all these things.

A Committee was hereupon named, to enquire who have been the Solicitors and Procurers of these pardons.

Sir Edward Giles,

I Know not what prevention may happen in these, for questionless the devil of hell hath his hand in it: Therefore presently let us send for Mr. Attorney. Which was Ordered.

Sir Iames Perotte,

SIr Iames Perotte complaineth further of some instruments of the Bishop of London, and Doctor Turner, who denied the License of printing the Articles of Ireland: That diverse books have been li∣censed by the Bishop of Londons Chapplains, and then refuse the same, declaring they are of a contrary opinion, and haven given license to Mr. Chomley and Mr. Butterfield, and therefore would not give li∣cense to these.

Mr. Pym,

MAster Pym doth make a full Report of all the proceedings a∣gainst Mr. Mountague, since the last Parliament of King Iames.

Sir Robert Phillips,

REported from Mr. Attorney, that my Lord of Dorset spoke to him to hasten the Pardons, and that he received a Warrant from the King for drawing them; that my Lord Carleton brought another Warrant from the King for drawing these pardons, telling him, that he must make expedition therein, and he must draw the same as the Councel of the parties did direct the same. That Mr. Attorney ha∣ving made a rough Draught, being often urged to expedition by the Bishop of Winchester, he sent the same to the Bishop, who inter-lined and corrected the same, adding the names of Cosens, Manwering, and Sibthorp to the pardon.

That Mr. Attorney may be asked whether any of these Lords were made acquainted with the affidavit about Cosens. A Messenger is sent to the Lord Keeper, to know the reason wherefore he made stop of the Great Seal, and by what solicitations he was prest thereunto.

Thursday 5.

A Petition in complaint of an imposition upon Mault, by the Citie of London, was this day preferred to the House, which is prefer∣ed to the Committee for Grievances. Some differences being obser∣ved in the Articles, as in the twentieth Article, &c. a Committee is to Compare the old and new Articles with the Records at Lambeth, and consider how all those differences come in.

Mr. Long,

COmplaineth, that a Prosecution hath been against him in the Star-chamber for sitting in this House the last Session, he being High Sheriff of Wiltshire, and chosen Burgess of Bath in Somersetshire.

The Preachers are to be chosen to morrow at the Committee for Religion.

Mr. Ogle,

IS called, who averreth his Petition, and will prove the same by witnesses. It is Ordered, that Cosens shall have intimation to at∣tend to answer here, if he will on Munday come fortnight, to be sent for by a Serjeant at Arms, and if he be not of the Convocation; but if he be, then to have notice by the Speakers letters, and if thereupon he appear not, then to proceed with him as is usuall in like Cases.

If Witnesses be sent for to this House in any Publick business, they are to pay their own Charges.

Secretarie Gook,

SAith, He hath very now received from a Noble person this Mes∣sage from his Majestie, That he hath appointed the eighteenth of this Moneth for the Fast for this place, and the twentieth of the next Moneth for the whole kingdom.

Sir Robert Phillips,

MOveth in the behalf of the Lord Peircie, that having a Cause in dispute in the Lords House, and three Members of this House being of his Counsel, desires they may have leave to plead his Cause: Which being conceived to be a Cause that is not to receive any Judgement here, it is granted.

Friday.

A Petition exhibited against one Wittington a Papist in Northum∣berland, Ordered to be sent for by a Serjeant at Arms.

Mr. Harris of St. Margarets Westminster, Mr. Harris of Hanwell in Oxfordshire, Mr. William Fitz-Ieofferies of Cornwall, are chosen for three Preachers for the day of the Fast, and for the precedence is re∣ferred to the Preachers themselves.

Mr. Shervill

REported, one Parson Scall procured the Pardon for Mountague; one Bartholomew Baldwin solicited the Pardon for Manwering.

There is also another Pardon found to be granted to Manwering, pardoning the Judgement late he had given by the High Court of Parliament, and all sums due to the King thereby.

Sir Nathaniel Ritch,

THat we may do somewhat which may give content to those who sent us hither, and make expedition to the business of his Majestie and the Common-wealth. That therefore the business of Mr. Mountague may be expedited to the Lords, that they may enter into these things as well as we.

The Councel of Mr. Iones the Printer are to be heard upon Mun∣day next.

Sir O. Roberts

REporteth from the Committee sent to Mr. Attorney, that Mr. Attorney staid for the Affidavits taken by Sir Euball Thelwall. That one Heath a Gentleman of Grays-Inne, told Mr. Attorney, that Cosens should say, that the King was not supream of the Church, and that he had no more to do with Religion, than he that rubs his horse heels.

Mr. Attorney acquainted the King; whereupon the King charged him to make a strict Inquisition herein: but the King would not be∣lieve the same to be true. Mr. Attorney sent for his Kinsman again, and being examined, he said so as affidavits were made thereon.

There was further certificate from the Dean and others at Durham, so that the business was much lessened thereby: but Mr. Attorney pressing the business further, casually met with the Bishop of Winche∣ster, who said to Mr. Attorney, that this business will come to nothing, and King, that made the affidavit was but a vain fellow.

The Affidavit of Thomas King was read, which verifieth the same.

Mr. Selden made the rest of this Report, and delivered the War∣rant by which Mr. Attorney drew the Pardons for the Bishop of Winchester. The effect was, that what Mr. Mountague had done or writ, was not out of any ill meaning; such a Pardon should be drawn as Mr. Mountagues Councel should direct. This Warrant was under the Lord Dorchester, being the Lord Carleton.

Mr. Selden delivereth likewise the Copie of the Pardon interlined, and razed by the Lord Bishop of Winchester.

Sir Iohn Elliot.

HEre is high Treason upon oath, a Deposition upon oath, an op∣position is not in Law to be admitted; for here is not onely an

Admission, but an Invitation of Certificates for defence, and allowed to sway the case of so high a nature; that therefore the parties that made the Affidavits, and Mr. Attorney may be examined, to make a better disquisition in this, for I fear the intimation of the Bishop of Winchester swayed too far with Mr. Attorney. Be matter true or false, the neglect of the dutie of the Attorney is not to be excused. I am much grieved to see his Majesties mercie run so readily to these kind of persons, and his justice so readily upon others, trifling occasi∣ons, nay upon no occasions, nay upon no occasion, onely the misin∣formation of some Minister. Mr. Attorney being by Writ to attend the Lords House, cannot be injoyned to attend this House or to ap∣pear upon Warrant: wherefore Mr. Littleton and Mr. Selden, being of the same Inne of Court, have undertaken to give notice to Mr. Attorney, that there being as accusation here against him, he may here answer and satisfie the House on Munday next.

Saturday.

A Bill against Spirituall Symonie, and a Bill against buying or selling of places of Judicature.

Mr. Kirton moved, That a time may be appointed to take into consideration the business of Tonnage and Poundage.

Sir Walter Earl secondeth his motion, that all the world may know, that we will give to God that which is Gods, and to Cesar that which is Cesars, and to our Countrey that which is theirs.

Sir Walter moveth, That the Merchants may have their goods, and that his Majestie may be moved therein.

It is Ordered, That the House on Tuesday next, in a Committee, shall take into consideration the business of Tonnage, Poundage, and all things incident thereto.

Mr. Shervill is nominated to take the Chair of the Committee.

Sir Rober Phillips

REported from the Committee for Course of Justice: A Petition of Complaints was exhibited by Mr. Noell, a Member of this House, against Sir Ed. Moseley Attorney of the Dutchie Court, and his man, in point of injustice, That Moseley covenanteth, that his man Brograve should have 80 pounds, and then he should have an Injun∣ction; but the Chancellor having Intimation thereof prevented the same, yet after by Covenant, Moseley procured his man 50 pounds; That this was an ordinarie course, cited many particulars, that Mose∣ley would in his private Chamber adde to Orders, or detract from them, or that was for the King, or against the King, as men would come off to him.

This is referred to a Committee to be examined.

Mr. Selden,

REported from the examination of Allen, for so much as concern∣eth the Priviledge of this House, by the first and third Article against him.

This justified by a Letter written by Allen, to Mr. Barton; the Pu∣ritan faction denied supply like Water-men provoked to War, rowed another way: for his Author of this, he produceth a book set forth by King Iames, in the 19 year of his Reign, pag. 13. to shew how the Puritan faction be clear, by mentioning the particular Members of the Commons House, and pag. 5. & in the same pag. all which they cloke with Religion: and when he had boldly insisted on these, he said, I pray note it; It is not this Parliament I speak of, it was another.

Sir Robert Phillips,

THat he may be sent to the Tower, and that he may stand in some publick place, with a Paper declaring the cause, or such other punishment as the House shall think fit.

Mr.Pym,

THat other matter of greater importance being under examina∣tion, he may for the present rest in custodie, and I doubt not but there is matter sufficient to inflict further punishment.

Ordered that Allen shall first answer his contempt at the Commit∣tee for Religion, on Munday next.

Mr. Shervile,

THat the Committee for Pardons is sine die, therefore he moveth for another day, whereupon there is order to meet this afternoon.

Mr. Selden reported the draught of Mr. Mountagues interlined Par∣don, concerning the Additions more than an ordinarie Coronation Pardon, except sundrie causes depending in the three Courts in West∣minster-hall, and the High Commission Court.

For Manwering, all offences for time past, and for time to come.

Sir Iohn Stanhope

MOveth, That one Lynne a Member of this House, and Secretary to the Bishop of Winchester, may look on the Pardon, and be injoyned to declare whether he know the hand or no.

Mr. Lynne declareth the interlined particulars, to be part his Lords hand, and part his own hand, by his Lords command; yet some of the interlined particulars he knew not the hand.

Sir Nathaniel Ritch thanked this Gentleman for dealing clearly with the House, and saith, for his encouragement, he deserveth thanks from the whole House.

Sir Iohn Elliot moveth, That a select Committee may extract a

charge against the Bishop of Winchester, that we may have judgement against him.

Sir Daniel Norton,

THat a Doctor of Divinitie, in the Bishop of Winchesters Diocess, a very grave Divine, Doctor Moor, the Bishop of Winchester said to him, he had heard him often preach against Poperie before the Kings Majestie, which was very pleasing to the King; but now he must not. The Doctor answers, he must if it comes in his way: said the Bi∣shop, you must not; and further, your Tables in the Quier stand as in an ale-house. The Doctor replied, they stood according to Law: sayes the the Bishop, there be Articles to controove: said the Do∣ctor, the Register found it contrary, saying, Your Tables at Winche∣ster stood as Altars.

Sir Robert Phillips,

THus you see how truth in the discoverie doth grow upon us. And now you see how the introducing Ceremonies at Durham doth arise; and now you see the greatest aspersion laid on his Majestie that ever I heard of; and now I am confident the Bishop of Durham pro∣cured the Kings hand to the Pardons.

Chancellor of the Dutchie,

THis trencheth high to the person of the King, and I am glad to hear it, and shall be more glad to see it proved.

Sir Thomas Heale

SAith, he heard these words from Doctor Moores own mouth: and asking if he would prove this in Parliament, he said, he would maintain it with his life.

Mr. Valentine

SAith, That this Bishop hath a Chaplain in Grantham, that preached they were all damned that refused the Loan, and that he hath made a great combustion in placing the Communion Table there.

The Speakers Letter is to go for Doctor Moore.

Munday 9.

A Petition in complaint of the Post-Masters Patent of London, which is referred to a Committee.

Mr. Speaker delivered from Mr. Attorney, a Warrant in writing, of his proceedings in Cosens business.

Mr. Iohn Elliot reported from the Committee for examination of the Merchants business, that the Committee finding Sheriff Acton in prevarications, and contradictions in his examinations, which is con∣ceived

to be a contempt of this House, desires he may be sent for to answer his contempt.

Mr. Godwin saith, the Sheriff acknowledgeth his error, and humbly desireth so much favour, that he may once again be called before the Committee, and if then he give not full contentment by his answer, he will refer himself to the wisdome and justice of the House.

Mr. Walter secondeth this Motion, so did Alderman Molson, Se∣cretarie Cook, Chancellor of the Dutchie, &c. but his abuse being declared to be so great and so gross, and that he had so many times given him to recollect himself, and that he being so great an Officer of so great a Citie, had had all the favour that he might be, and yet re∣jected the same, and carried himself in a very scornfull manner; wherefore it is Ordered, that he shall be sent for to the House as a Delinquent to Morrow morning.

Iones the Printer and his Councel are called in to argue the busi∣ness of Mr. Mountagues Episcopal Confirmation.

First Quere, Whether the exceptions be legal.

Secondly, whether the Confirmation be good? The last is the point now in hand, to which the House enjoyned the Councel to speak.

The Councel proposed a Third Quere; What will be the fruit or effect of it, if in Law the Confirmation prove void? In this the Coun∣cel said, it will not extend to make him a Bishop upon the point of Election, but upon the point of Confirmation onely, which maketh him punishable if he execute any thing concerning the Bishoprick.

Sir Hen. Martin saith, The exception making void the Confirmati∣on, doth in Law work also upon the Election.

Doctor Steward saith, The point of setting to of the Advocates hand, is but matter of Form in the Court, no matter of Law.

Sir Henry Martin saith, he will endeavour himself to give the House as full satisfaction, and he will speak without relation to the Kings Right and Laws of the Realm.

The Proclamation by the Common Law should not be at Bow Church, but at the Cathedral Church of the Diocess where the Bi∣shop is to be elected, and the Dean and Charter of that Diocess is to except, and not every one that will. The Argument is endless, and to alter a course so long settled, I conceive it is plain, the King and the Law have power to deprive him of his Bishopprick if he deserves the same; I think therefore it were good to decline this dispute for the present, and to proceed to remove him which we are allowed.

Tuseday 10.

A Bill for Ordering the Government and Plantation of the Sum∣mer Islands.

A Bill to restrain some abuses in Ministers and Magistrates.

Mr. Rowles complaineth, that since his last complaint of the

breach of the liberties of this House, his Ware-house hath been lock∣ed up by one Massey a Pursevant, and that yesterday he was called forth from the Committee in the Exchequer-chamber, and served with a Subpena to appear in Star-chamber; but that since he received a Letter from Mr. Attorney, that it was a mistake. The Subpena was read, but the Letter not suffered to be read.

Sir Robert Phillips,

YOu see we are made the Subject of scorn and contempt. I con∣ceive this to be a bone thrown by those that have drawn a cloud over our sun, our Religion, to divert or interrupt us in the prosecuti∣on of them. I desire the Messenger may be sent for, and examined by what procurement this Subpena was taken forth: for if we find not out those that throw these scorns upon us, it is in vain to sit here.

Mr. Chancellor of the Dutchie,

THis proceeds from some great error; for I will assure you, this never proceeded from King nor Councel. I therefore desire it may be searched to the bottom, for be confident, neither King nor Councel have cast in this as a bone.

Mr. Selden,

THis is not to be reckoned an Error, for questionless this is to af∣front us, and our own Liberties is the cause of this.

It is Ordered, that Shemington the Messenger that served the Sub∣pena be presently sent for to the House.

A Committee of six are appointed to see the information in Star-chamber, and to examin the same, and by whom the same was put in: and they have power to send for persons, or records that may in∣form them.

A general Order agreed on, That all the Committees that have power to send for parties, shall have power to command any of them as they shall think fit, to attend the House at such times as they shall think fit.

The priviledge of the Merchants that are Planters here, may be taken into consideration by this Committee, concerning the informa∣tion in Star-chamber.

Sheriff Acton called into the Barre as a Delinquent, upon his knees saith, if he have erred, it is through want of memorie and ignorance; for he intended not the least dislike, or distaste to any Member of the House.

Mr. Long moved he might be sent to the Tower.

Sir Francis Seymour,

THat he may now be referred back to the Committee to be re∣examined, if then he deal not clearly, this House may proceed to further punishment.

Mr. Selden,

I Cannot remember when we did commit a Sheriff of London, but I remember when the House did commit both the Sheriffs of Lon∣don to the Tower, for an abuse of less nature, onely for countenancing of a Serjeant in an Arrest on a Member of Parliament, though they did acknowledge their faults at the Barre, which this man hath not yet done; the Serjeant was sent to Little-ease, the person, at whose suit he was Arrested, was committed to the Fleet, and both the Sheriffs to the Tower.

Mr. Kirton,

I Came into this House with as good an heart to this man as any man, for I was spoken to to stand for him as I came in, and I pro∣mised to do what favour I could: but if he were my brother he should to the Tower.

Mr. Littleton,

YOu see the affronts by books, by preaching, by rumors, by be∣ing dayly sued, with Proces, that are put upon us, that we are become but a meer Scare-crow: the neglect of our dutie is the cause of this, it is high time to remedie this, or it is in vain to sit here.

The Sheriff is again called in to the Barre on his knees, and is sen∣tenced to the Tower.

Sir Ben. Ruddiard,

THere be diverse Recantations, Submissions, and Sentences re∣maining on Record, in both Universities against Arminianisme, that concerning any thing that may conduce to our end, the Speakers Letter may be sent to the Vicechancellor, for those Records: which is Ordered.

It is Ordered, that Worsnam Daws and Garmarthen, are to be at the Barre upon Fryday.

Wednesday 11.

MAster Selden reported concerning the Process of the Merchants, the Coppie of the Bill brought in and read, that the Merchants did Plot, Practice, and Combine together against the peace of the Kingdom. This being conceived to be a business incident to Tonnage and Poundage, is Ordered to be referred till to Morrow morning.

Mr. Selden,

THat a Report shall be made to morrow of the Examination of the Complaints of the Merchants, and the information in the Exchequer may also be brought; which was also Ordered.

Ordered, That in respect the Term ends to Morrow, and the Assi∣zes is to follow, and diverse Members Lawyers may be gone down,

it is Ordered, that none shall be gone without leave of the House.

It is alsu Ordered, That the Speakers Letter be sent for Sir Edward Cook.