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.

Sir Iohn Elliot,

THe Merchants are not onely kept from their goods by Custom∣ers, but by a pretended Justice in a Court of Justice, as the Exchequer. I conceive, if the Judges of that Court, had their under∣standing enlightened of their error by this House, they would reform the same, and thereby the Merchants suddenly come to their goods.

Mr. Transtort conceiveth this to be a difficult way for us to go.

Mr. Corington, Let it be done which way the House shall think fit, but I conceive the Merchants shall have their goods before we can think of the Bill. Kings ought not by the Law of God thus to

oppress their Subjects. I know we have a good King, and this is the advice of his wicked Ministers: but there is nothing can be more dis∣honorable unto him.

Mr. Stroud, That it may be Voted, That the Merchants may have their goods before we enter on the Bill.

Chancellor of the Dutchie, I shall speak my opinion, because I know not whether I shall have libertie to speak, or you to hear any more. All the proceedings of the King and his Ministers, was to keep the Question safe untill this House should meet; and you shall find the proceedings of the Chequer were Legal; and thus much, not knowing whether I shall have a days libertie to speak any more here again.

Mr. Thesaurer, There is none here but would think it a hard thing, that a Possession should be taken from us without any order for Sequestration, that therefore it was not to be suffered, that these few men should so unjustly disturb the Government of the State. Desires there may be no interruption, but that we may proceed to settle the Tonnage.

Mr. Corington, I hope we may speak here, as I hope we may speak in heaven, and do our duties, and let no fear divert us.

Mr. Waller, It is not so few as 500 Merchants are threatened in this.

Sir Robert Phillips moveth, we may go to the King, and satisfie him of these interruptions.

Mr. Noy, We cannot safely give, unless we be in possession, and proceedings in the Exchequer nullified, and information in the Star∣chamber, and the Annexion to the Petition of Right, and other Re∣cords. I will not give my voice to this, untill these things be made void; for it will not be a Guift, but a Confirmation. Neither will I give, unless these interruptions be removed, and a Declaration in the Bill, That the King hath no Right, but by our free guift.

If it will not be accepted as is fit for us to give it, we cannot help it. If it be the Kings alreadie, as by these new Records, then we need not to give it.

Mr. Selden secondeth the Motion of sending a Message to the Ex∣chequer, declareth a President of a Message sent into the Chancerie, for stay of proceedings in a Cause, and it was obtained; and whatsoe∣ver the Judges return it cannot prejudice us: the Law speaks by Re∣cord, and if these Records remain, it will to posteritie explain the Law.

Mr. Littleton, For the Right, there is no Lawyer so ignorant to conceive it, nor any Judge in the Land to affirm it is against giving to the King, or going on the Bill. In this case, by the Law, a man can∣not be put to a Petition of Right, but shall recover without Right.

Ordered, that a Message shall be sent to the Court of the Exche∣quer, That whereas certain goods of the Merchants, have been stayed by Injunction from that Court, by a false Affidavit, and that the

Customers that made the Affidavit, have upon examination of this House confessed, that the goods were stayed onely for duties contain∣ed in the book of Rates, that therefore that Court would make void the orders and Affidavits in this business.