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.

THE TRANSACTIONS Of the second SESSIONS IN PARLIAMENT, ANNO 1628.

THus having finished the first Session of this un∣happy Parliament, where the seeds were sowen of those discontents, which afterwards grew up, and lately have been reaped allmost to the ruine of our Nation;

Now followeth the Breviary or abstract of the second Session, little different from the former in sad success: But we must confess that those two Tracts (though joyned in one volume for the perfecting of the History) are not the Sons of the same Father, proceed not from the observations and collections of the same Authour.

And as they differ in the Authour, so also in the fashion and quantity thereof: the former Session may be said to be done at length, this in figures, the former had the maine Mass and Bulk, this the spirits and infusions of the passages therein.

Yet as a low man is as much man, though not so great a man as one of a higher stature, so may I say there is as certain truth in this as in the former relation though there be not so much of it. I mean it is as faithfully though not so fully reported. Indeed the conscientious Reader being a true Englishman may here satisfie himself with the sadness of the transactions as shortly summed up, who otherwise might surfet with sor∣row, if every particular were related in its full dimensions.

Thus commending both this and the other to the care∣full perusing of the judicious Reader, I fear not his departing from this Book with an unsatisfied, who cometh there∣unto with an unprejudiced judgment.

A true RELATION Of every days proceedings since the be∣ginning of this SESSION, and what was spoken by every man.

Tuesday Ianuary 20.

UPon Tuesday being the first day of the Parliament, nothing was done, but the setting of the Commitees.

Wensday 21.

UPon this day it was ordered that Mr. Selden and others should see if the Petition of Right and his Majesties answer there∣unto were inrolled in the Parliament Rolles; and the Courts at Westminster, as his Majestie sent them word the last Session they should be; and also in what manner they were entered, which was done accordingly: and Mr. Selden made report to the house, that his Majesties speech made the last day of the Session in the upper House, is also entered by his Majesties command.

Mr. Pym,

HEreupon Mr. Pym moved that the debate hereof should be de∣ferred till Tuesday next, by reason of the fewness of the House.

Sir Iohn Elliot,

TO which Sir Iohn Elliot answered, this, is now raised, con∣cerns the honour of the House and the liberty of the Kingdom, it is true; it deserves to be deferred till there be a full House, but it is good to prepare things. I finde it is a great point; I desire a select Committee may enter into consideration thereof, and also how other liberties of the Kingdom be invaded. I finde in the country the Petition of Right Printed indeed, but with an answer that never gave any satisfaction: I desire a Committee may consider thereof, and present it to the House, and that the Printer be sent for to give

satisfaction to the House, by what warrant it was printed. Which was ordered.

Mr. Shelden,

FOr this Petition of Right, It is known how lately it hath been violated, since our last meeting. The liberties for life, person, and free-hold, how they have been invaded; and have not some been committed contrary to that? Now we knowing these invasions, must take notice of it. For liberties, for state, we know of an order made in the Exchequer, that a Sheriff was commanded not to exe∣cute a replevim, and mens goods are taken and must not be restored, whereas no man ought to lose life, or limb but by the Law, hath not one lately lost his ears (meaning Savage) that was censured in the Star-Chamber by an arbitrary sentence and judgement? Next they will take away our Arms, and then our lives. Let all see we are sen∣cible of these customes creeping upon us: let us make a just presenta∣tion hereof to his Majesty.

Norton the King's Printer was brought to the Barr, and asked by what warrant the additions to the Petition were printed. He answer∣ed, that there was a warrant (as he thought) from the King him∣self. And being asked whether there were not some Copies printed without additions, he answered, there were some, but they were suppressed by some warrant.

Sir. Iohn Elliot,

DEsired some clearer satisfaction might be made, and that he might answer directly by what warrant. Whereupon he was called in again: who said, he did not remember the particular, but sure he was there was a warrant.

Tuesday 22.

ONe Mr. Roules a Merchant, and a Member of the House, inform∣ed the House that his goods were seized by the Customers for refusing to pay Custome by them demanded, although he told them he would pay what was adjudged by Law. Whereupon, Sir Robert Phillips spake as followeth.

Sir Robert Phillips.

BY this information you see the unfortunateness of the times, and how full time it was that this Assembly should meet to serve his Majesty, and to preserve our selves, and I am confident we come hither with fullness of both, and all shall conduce to a happy conclu∣sion, and to the King's honour and our own safety: Great and weighty things wound deep. Cast your eyes which way you please, and you shall see violations on all sides: look at the liberty of the subject, look on the priviledge of this House, let any say if ever he saw the

like violation by inferiour Ministers, that over-do their command, nay they say, if all the Parliament were in you, this would we do and justifie. If we suffer the liberty of this House to wither, out of fear, or complement, we give a wound to the happiness of this Kingdom: Here the course of justice was interrupted, and order in the Exche∣quer was made for stay of the goods; since here is a seizure (upon the approach of Parliament) of goods amounting to 5000. l. for a pretended duty of 200 l. In the sight of King Iames, by reason of the sickness that then was, the Parliament was prorogued, and then there was some boldness to take this 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 consider of these pro∣ceedings.

Mr. Littleton,

HEre Mr. Littleton made a short speech to second him, and all to the same purpose: but for brevity sake I omit it.

M. Littleton, we have had good admonitions, and have followed them, we have moderation preached unto us in Parliament, and we follow, I would others did the like out of Parliament. Let the parties be sent for that violated the liberties of the Parliament, and have their doom.

This Speech was occasioned by Setretary Cook, who in his Speech desired moderation might be used.

Sir Iohn Elliot,

I See by this Relation what cause we have to be tender of the liberty of the Kingdom, and this House, and yet withall to return that moderation, as to give satisfaction to the world, that our hearts are fixed to serve his Majesty, and to free us from ofter of jealousie, 3 Things are involved in this complaint.

• First, the Right of particular Gentlemen.
• Secondly, the Right of the Subject.
• Thirdly, the Right and priviledge of this House. Let the Commit∣tee consider of the 2 former, but for the violation of the liberty of this House, let us not do less than our fathers. Was ever the information of a Member committed to a Committee? Let us send for the par∣ties. Is there here a bare denial of the restistution of the goods? was it not also said, that if all the Parliament were contained in him they would do as they did? Let them be sent for▪ It was ordered that the Officers of the Custome-house should be sent for.

Mr. Selden,

REported from the Committee concerning the printing of the Petition of Right, that there were printed 1500 without any addition at all, which were published in the time of the last Parlia∣ment: but since the Parliament other Copies have been printed, and

these supprest and made waste paper, which the Printer did, as he said, by command from Mr. Attorny, which he received from his Majesty: and the Printer further said, that the Attorney was with the Lord Privy Seal at White-Hall, and there delivered unto the Printer sundry papers, with diverse hands to them, and on the backside was endorsed thus, We will & command you that these copies be printed.

Friday 23.

HIs Majesty sent the House a Message to this effect, That he willed them to cease from the former debate of Tonnage and Poundage till the next day in the after-noone, and that he would speak with them the next day in the after-noone at White-Hall in the Banqueting-house.

Saturday 24.

THe King made a Speech to that purpose.

Munday 26.

MR. Walter did inform the House that diverse ships were laden with corn for Spain, whereupon a Committee was appointed to inquire of the trading into Spain, and to other enemies, tran∣sporting corn, and other Munition thither: it is also ordered that some of the prime Councel should presently move the King about stay of the ships.

MR. Secretay Cook then moved that the Bill of Tonnage and Poundage might be read, and after some debate, it was diverted, and they fell upon points of Religion, the which Mr. Rowse did first mention.

See his former Speech at large.

Sir Francis Beamor,

IF Religion be not a Rule to all our actions, what pollicy can we have? If God fight not our battailes the help of man is in vain? In our defect, the cause thereof is our defect in religion, and the sin is Idolatry and Popery, Papists encrease now more than ever they did: neither do 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 goodness, and publick pro∣fession, and contrary to his many proclamations, and many instru∣ctions to the Judges; and whatsoever is done in the country is un∣done above.

Mr. Kirton,

IF ever, now it is time to speak, We see what men are raised to preferment; if we look not to it I shall more fear it than the Spa∣nish Armado, or the loss of the Sound. Mountague was here questi∣oned:

We see the King to all our comforts is right, it comes not from him, but some that are too near him, are too busie in this. The ambition of the Clergy brought these stories: We see pulpits are full of them, we see some that wear white and black 'tis more than Mountague; let us bend our wits to reforme them.

Mr. 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 any heart; more, to see our Religion go away, and designes made of it, and Arminia∣nism still to encrease, as it doth. If do admi, I do perswade my self the greater part of the Clergy, Nobility, and Gentry, are firm, but it is the desire of some to labour to bring in a new faction of their own, and so to drop into the ears of his Majesty, that those that op∣pose them oppose his Majesty, and so they put him upon designes that stand not with publick liberty, that he commands what he lists, with Lives, Goods, and Religion, and doth as he pleaseth; and so they involve all true hearted English-men and Christians under the name of Puritans, and so make their quarrel to be his Majesties, which is treason of the highest quality.

Tuesday 27.

A Petition was exhibited concerning one Lewis, that said about the 25 of December, The Devill take the Parliament, which was a∣vowed by 2 witnesses. It was resolved to be an offence to the Parli∣ament, and it was ordered he should be sent for.

SIr Nathaniel Rich tendered a Petition touching the Fast, which was agreed to be preferred to the King. It was ordered that a conference should be desired with the Lords about this Petition, who were desired to joyn with the lower House: which was done accordingly.

THe King sent a Message by Secretary Cooke to this effect, viz. That his Majesty understanding that the Remonstrance was called for, to take away all question, commanded me to deliver it to you: but hopeth that you proceed with the Bill of Tonnage and Poundage, and give precedence to that business, and to give an end to further dispute between some of his Subjects, or else he shall think his Speech that was with a good applause accepted, had not that good effect which he expected. But before his Messege there was a report made by Mr. Pym for a Committee for Religion, where a motion was made about the Remonstrance the last Session, concerning that part which toucheth Religion: and the Clark answered, that by command from the King he delivered it to the Lord Privy Seal; and so the Committee proceeded no farther.

SIr Walter Earl replied to the Message: The last part of the Mes∣sage calls me up. For point of precedency, Religion challengeth the precedence and the right of our best endeavors. Vbi dolor ibi digitus. I know justice and liberty is Gods cause, but what will justice and liberty do when Popery and Arminianisme joyn hand in hand together to bring in a Spanish Tyranny, under which those Laws and liberties must cease? What hath been done for Religion since the last Session? We know what declarations have been made, what per∣sons have been advanced, what truthes confirmed by all Authority of Church, Councels, and King. For my part, I will forgo my life and estate and liberty, rather than my Religion. And I dare boldly affirm, that never was more corruption between Religion and mat∣ters of state, than is at this present time. Humana consilia castigantur ubi, coelestibus se praeferunt. Let us hold our selves to method; and that God that carried us through so many difficulties the last Parliament Session, will not be wanting to us now.

Mr. Corrington,

LEt us not do Gods work negligently: We receive his Majesties Message withall duty; for our proceedings let us so proceed as it may soonest conduce to his Majesties desire. Unity concerns all of us: the unity of this house is sweet, especially in Gods cause; let us cry and cry again for this let us be resolved into a Committee, and presently fall to debate thereof.

UPon Mr. Pyms motion. It was ordered that Religion should have the precedency, and that the particulars before named should be taken into consideration by a Committee of the whole House.

Wensday 28. Secretary COOKE delivered another Message from his Majesty.

HIs Majesty upon occasion of dispute in this House about Ton∣nage and Poundage, was pleased to make a gracious decla∣ration, wherein he commended unto us the speedy finishing thereof, and to give precedency thereto: and since his Majesty un∣derstanding the preferring the Cause of Religion, his Majesty ex∣pected rather thanks than a Remonstrance, yet he doth not interrupt you, so you do not intrench upon that which doth not belong unto you; But his Majesty still commanded me to tell you that he ex∣pects precedency in Tonnage and Poundage, assuring himself he hath given no occasion to put it back, and so you will not put it off.

To this Mr. Long replied,

I Cannot see but with much sorrow, how we are still pressed to this point, I hoped those near the Chair would have truly informed his Majesty of our good intentions, but we see how unhappy we are still, some about his Majesty 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 Majesty hath given us a full satisfaction. You may perceive his Majesty is sensible of the neg∣lect of his business; we that know this, should not discharge our du∣ties 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 Majesty was to procure you gracious Laws in his Fathers time, and since that what enlargement he hath made of our liberties, and yet still we give him cause to repent him of the good he hath done. Consider how dangerous it is to Alienate his Majesties heart from Parliamens.

Mr. Corington,

When men speak here of neglect of duty to his Majesty, let them know we know no such thing, nor what they mean, & I see not how we do neglect the same, I see it is all our hearts to expedite the Bill of Tonnage and Poundage in due time: our business is still put back by these Messages, and the business in hand is of God and his Majesty: Things are certainly amiss, and every one sees it, and wo be to us if we present them not to his Majesty.

Sir Iohn Elliot, His Speech to the same effect.

IT was ordered that a Committee should be appointed, to pen an Answer to his Majesties Message, and shew that it is their re∣solution to give him all expeditions in his service, and that they hold it fit not onely to give him thanks, but further to shew what perill we are in, and that Tonnage is their own gift, and it is to arise from themselves, and that they intend not to enter into any thing that belongs not unto themselves.

Thursday 29.

THe former part of the day was spent in dilating of the transpor∣tation of corn and victuals into Spain: and it was ordered that Message should be sent to his Majesty, that it is now evident that diverse ships are bound for Spain; and to desire a stay of them. After the House sat at a Committee about Religion, after long debate it was resolved by the Commons-House as before.

Friday 30.

THe House received an answer from his Majesty touching the Ships, which was, that he would consider of it, and send them an answer in due time.

Also this day a Committee of the Lower-House went to the King in the Privy-Chamber with the Petition for the Fast; and the Arch-Bishop of York, after he had made a short Speech, presented it to his Majesty in the name of both Houses. To which the King an∣swered.

Munday Febr. 2.

THe Lower-House presented a declaration to his Majesty in an∣swer to two Messages sent by him.

Tuesday 3.

SEcretary Cook reported, that himself and the rest of the Commit∣tees attended his Majesty upon Munday: and he said, For my part I have used all diligence to do all the commands of my Master and this House, and I find that some exceptions have been taken at some words by me used, when I delivered the Bill of Tonnage and Poundage, Indeed I used many Arguments in speaking of his Ma∣jesty, I said it much concerned him, and that his Majesty much de∣sired it, and I required it in his name; which I did not intend but to avoide dispute: and I said not this was an ordinary revenue, but this Tonnage was the means to inable his Majesty to set his Fleet to sea.

After this Apology, he read his Majesties answer to the Petition of the Lower-House.

Sir Iohn Elliot,

Mr. Speaker, I confess this hath given great satisfaction for present desires and future hopes; and howsoever I find the misinterpretation of some, and the danger of Religion; yet I find his Majesties ears open, and if these things be thus as we see, that then he is not rightly counselled. I am confident we shall render his Ma∣jesty an account of what he expecteth: but Sir, I apprehend a diffe∣rence between his Majesties expression, and the expression of his Mi∣nisters.

First Sir, that Bill was here tendered in his Majesties name, and now we find his Majesty disavows it, that he did it not. What wrong is this done to his Majesty and to this House, to press things in his Soveraigns name, to the prejudice and distraction of us all? I think him not worthy to sit in this House.

Mr. Speaker,

THis Honorable person did explain himself, that he did not press it in his Majesties name, but onely did commend it to your con∣siderations.

Secretary Cook,

I Said, that in regard of the difference between his Majestie and his Subjects, my desire was to accommodate it.

Sir Humfrey May,

IF ye be too quick to except against the ministers of his Majestie, that serve his Majestie and this House, it will discourage and stop our mouthes whose service ye dayly commend.

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.

At the Committee for Religion.

MAster Walter delivered a Petition of the Book-sellers and Printers, in complaint of the restraint of books written against Poperie and Arminianisme, and the contrarie allowed of, by the one∣ly means of the Bishop of London; & that diverse of them have been so Pursevanted for printing of Orthodox books, & that the licensing of books, is now onely restrained to the Bishop of London and his Chaplains.

One of the Printers said he tendred diverse books, one called, The golden Spur to the heavenly Race. That Turner, one of the Bishop of Londons Chaplains said, That if he would put out the point, That a man may be certain of his Salvation, he would license the same: notwithstanding he put out that point, yet he could not get the same licensed.

Mr. Selden, The refusing the Licensing of books is no crime, but the Licensing of bad books is a crime, or the refusing to license books, because then writ against Poperie or Arminianisme is a crime. There is no Law to prevent the printing of any book in England, onely a Decree in Star-chamber: therefore that a man should be sued and imprisoned, and his goods taken from him, is a great Invasion on the Libertie of the Subject: moveth a Law to be made upon this.

This is referred to a select Committee to examin.

Mr. Shervile,

REported concerning the Pardons, that they have examined Do∣ctor Sibthorp and Cosens Pardons. Sibthorp solicited his own Pardon, and said, he would get the Bishop of Winchester to get the Kings hand to it.

It is evident, that the Bishop of Winchester got the Kings hand to Sibthorp and Cosens Pardons, and also Mountagues Pardon was pro∣mised by him.

That Doctor Manwering solicited his own Pardon, and the Bishop of Winchester got the Kings hand to it.

It is likewise said, the Pardons were all drawn by Mr. Attorney before there was any Warrant.

Mr. Cromwell saith, he had by relation from one Doctor Beard, that Beard said, Doctor Allablaster had preached flat Poperie at Pauls Cross; the Bishop of Winchester commanded him, as he was his Dio∣cesan, that he should preach nothing to the contrarie.

Sir Robert Philips saith, One Doctor Marshall will relate as much said to him by the Bishop of Winchester, as the Bishop said to Doctor Moor.

Mr. Kirton, That Doctor Marshall and Doctor Beard may be sent for. This Bishop, though he hath leapt through many Bishopricks, yet he hath left Poperie behind him.

That Cosens frequenting the Printing-house, hath caused the Book of Common-Prayer to be new printed, and hath changed the word Minister into Priest, and hath put out in another place the word Elect: thus Cosens and his Lord go hand in hand.

Sir Miles Fleetwood saith, We are to give Mountague his Charge, and by his books, charge him with Schisme in error of Doctrine, Fa∣ction in point of State, Thirdly matter of Aggravation.

Sir Walter Earl,

QUi color albus erat, nunc est contrarius albo. saith, Doctor White hath sold his Orthodox books, and bought Jesuiticall books; & moves that Bishop White, may go arm in arm with Mountague. Ordered a select Committee to be named, to digest these things that have been alreadie agitated, concerning the Innovation of Religion, the Cause of the Innovation, and the Remedie.

Thursday 12.

THe Sheriff of London, upon his submission at the Barre, is relea∣sed his imprisonment in the Tower.

Sir Iohn Elliot made the Report for the Committee, in the exa∣mination of the complaint of Merchants, and delivered the Orders and Injunctions into the Exchequer.

At a great Committee for Tonnage and Poundage, Mr. SHERVIL in the Chair,

MAster Waller delivered a Petition from Chambers, Felke, and Gilborn, in complaint of an information against them in the Star-chamber, about Tonnage and Poundage, & that by the restraint of their goods they are like to be undone.

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.

Friday 13.

A Petition against one Burges a Priest, who was here complained of the last Session; some new Articles complained against him, that he could not get a Copie of his Articles out of the house, untill he was fain to get one counterfeit himself a Puritan to get the same, and other new misdemeanors. He is Ordered to be sent for.

Sir. Iohn Elliot,

A Motion for Priviledge of Merchants. Order is, That any man having a Complaint depending here, in the mean time intimati∣on shall be given to my Lord Keeper, That no Attachment shall go forth against the Merchants.

Chancellor of the Dutchie reported the Message to the Chequer Court, that the Treasurer and the Barons, will forthwith take the same into consideration, and return answer.

It is Ordered, Mr. Secretarie Cook shall take care, that intimation shall be given to the Citie about the Fast.

Doctor More called in, saith, he was referred to the Bishop of Win∣chester, to be censured for preaching a Sermon; the Bishop said he had heard him preach, and deliver many prettie passages against the Pa∣pists, which pleased King Iames, but he must not do so now.

That you have a brother that preacheth against Bowing at the high Altar, or at the name of Iesus; and that the Communion Tables stood as Tables in Ale-houses; but he would have them to be set as High Altars.

Dr. Moor is to deliver these things in writing to Morrow morning.

At the Committee for Religion.

SIr William Bawstrod, If we now speak not, we may for ever hold our peace; when besides the Queens Mass, there are two other Mas∣ses dayly: so that it is grown ordinarie with the out-facing Iesuits, and common in discourse, Will you go to Mass? or, have you been at Mass at Somerset-house? there coming 500 at a time from Mass. Desires to know by what authoritie the Iesuits lately in Newgate were released.

Mr. Corington, Doubts not but his Majesties intention was good in the Declaration lately published, but I conceive it will be made use of onely to our disadvantage; that therefore the Declaration made be taken into consideration.

Sir Richard Gravenor

REports the proceedings of this House against Poperie the last Ses∣sion, and what fruits have been thereon.

Sir Rober Phillips, If ever there were a necessitie of dealing plainly and freely, this is the time. There is an Admission of Priests and Ie∣suits, as if it were in Spain or France: this increase of Papists, is by connivance of persons in Authoritie.

Nine hundred and fourtie persons in houses of Religion, being Eng∣lish, Irish, and Scots in the Netherlands, maintained by the Papists of England; and of this I shall deliver the particulars, that we may frame a Remonstrance to the King, that unless there be some better performance of his Majesties late answers to so many Petitions, our Religion will be past recoverie.

Mr. Corington, That the Papists, by Act of Parliament, or Laws of State▪ may be removed from their offices, which we have just cause to suspect.

Mr. Selden moveth that these things may be debated in order, and first for releasing the Iesuits that were arraigned at Newgate, whereof one was condemned; they were 10 in number, which were Priests who had begun a Colledge here in London, about Clarkenwell: and these men could not attempt these acts of boldness, but they must have great countenancers.

Secretarie Cook,

THat a Minister (who is said to be himself) having notice of these 10, and this Colledge intended to be kept at Clarkenwell.

That it is plain there was a place appointed for this Colledge, and Orders and Relicts prepared.

This Minister made the King acquainted with it, and I should not do my dutie, if I should not declare how much his Majestie was af∣fected with it. His Majestie refers it to the special care of the Lords of the Councell, who examining the same, sent these ten persons to Newgate, and gave order to Mr. Attorney, to prosecute the Law a∣gainst them. That this Colledge was first at Edmonton, removed from thence to Camerwell, and thence to Clerkenwell.

Ordered, That all the Knights and Burgesses of the House, shall, to Morrow morning declare their knowledge, what Letters or other hinderances have been for the staying of proceedings against Recu∣sants.

Mr. Long, a Justice of Peace, who is said to understand much in the business of the Colledge of Iesuits at Clarkenwell, is sent for and examined; saith, by the appointment of Mr. Secretarie Cook, he ap∣prehended these persons, and took their Examinations; and saith fur∣ther, he heard they were delivered out of Newgate by order from Mr. Attorney.

That Mr. Middlemore, or General Soliciter for the Papists, hired

this house for the Lord of Shrewsburie, a Papist, and that there are diverse books of account, of payments and disbursments, to the value of 300 pounds per Annum, with diverse Recusants names, who allow∣ed towards the maitenance of this Colledge; and these books and pa∣pers, are in the hand of Mr. Secretary Cook.

Secretarie Cook saith, he cannot so amply declare the truth of the proceedings herein, untill he have leave from his Majestie.

One Cross a Pursevant, is to be examined upon oath: who decla∣reth, he could discover diverse stoppages of the execution of the Laws against Recusants.

Saturday 14.

A Complaint against the Lord Lambert, a Baron of Ireland, and a Member of this House; who being a Colonel of Souldiers in Midd. hath imposed Four pence upon every Souldier towards his Of∣ficers Charges, and the Petitioner, for refusing to pay, was first set in the Stocks, and after, by the Lord Lambert, committed to a Publick prison.

It is Ordered, that the Lord Lambert shall be sent for to answer this.

Sir Iohn Epsley desireth leave to answer a Complaint that is in the Lords house of Parliament against him.

Mr Selden, That the use was, and citeth Presidents, that no Com∣mander could be called to the Lords House, but it will trench much to the disadvantage of the Priviledge of this House; and untill 18. Iac. there was never President to the contrarie. That therefore this may be considered of by a select Committee.

Ordered, that Sir Iohn Epsley shall not have leave.

Mr. Chancellor of the Dutchie, stifly secondeth Mr. Seldens Motion.

Mr. Secretarie Cook, I am as carefull to maintain a good correspon∣dencie with the Lords, as any man; but connivances in this kind may overthrow the fundamental Rights and Liberties of this House. Let it therefore seriously be considered of; for this not onely concerneth the Right of this House, but the Libertie of the Common-wealth.

Ordered, a select Committee shall be appointed to consider this.

Mr. Chancellor of the Dutchie, delivereth an answer in writing from the Lord Chancellor, Trer. and Barons, to the Message sent to them.

Mr. Kirton,

WE looked for Satisfaction, but now you see a Justification of their actions. I therefore desire now, we may proceed to consider of their proceedings, and whether ever the Court of Exche∣quer held this course before, for staying of Replevies; and whether these have been done by the Regal Prerogative of the King, in his Court of Exchequer.

It is Ordered, that a select Committee of Lawyers, Chequer-men, shall take this into consideration.

Mr. Selden, We have delayed the proceeding with the Customers, expecting some good success from the Chequer, but finding it other∣wise, I desire the Customers may be called to the Barre on Munday next. Which is Ordered.

At the Committee for Religion.

SIr Thomas Hobbie, from the Committee reported for the examin∣ation of the Keeper and Clerk of Newgate, concerning the Priests, there being a Warrant under the Attorneys hand for the deliverie of the Persons; a Warrant under the Lord Chief Justices hand, accord∣ing to a Letter which he received from the Lord of Dorset, signifying, that it was his Majesties pleasure, that the Priest condemned should be reprived.

Another Warrant under the Attorneys hand, that the Priests condemned should be reprived; and also in the Kings name to release those other nine persons.

Sir Nathaniel Ritch, I am confident, the Grace of the King hath been abused in this; that therefore the privie Counsellers of this House, may know whether it were his Majesties direction.

It is moved, that Mr. Secretarie Cook, may first declare his know∣ledge in this.

One Cross, gave intimation of these persons.

First the Secretarie, Super totam maternam, It is evident, that the Colledge at Clarkenwell, is a Colledge of Iesuits, holden under a For∣reign Supream power.

Sir Francis Seymour taxeth Mr. Attorneys affection and judgement in this, and also declareth continual Letters from Mr. Attorney in stay of proceedings against Recusants. You see in this, how slightly Mr. Attorney hath put over a business of this weight to Mr. Long.

Cross the Pursevant saith, there was an Eleventh man in the New Prison, and the Keeper of that Prison said, he was delivered by War∣rant from the Councel-board.

Sir Iohn Elliot, No man could find a way on which to vent his ma∣lice so much to this Church and State, as by protecting these men. That this may be fixed home on that great Lord of Dorset, that I fear hath defiled his fingers too far in this business; and on Mr. At∣torney, whom I am sorrie I have occasion to nominate so often in this matter of Religion, in stopping of proceedings against Recusants.

Mr. Recorder is ordered to be sent for, and to be examined in this, rather than to be sent for, having had the Honor formerly to sit in the Chair.

Secretarie Cook saith, we shall find that the King, being mercifull in case of shedding bloud, gave direction for the repriving of those Priests.

Sir. Iohn Elliot, I doubt not when we shall declare the depth of

this to his Majestie, but he will render them to judgement that gave him advice herein.

Sir Nath. Ritch, These Iesuits are bound by Sureties to answer fur∣ther at the Councel-board. I wish these Bonds would produce these Men, that by examination of them, we may find out the whole pack of their Benefactors and Countenancers.

Mr. Long saith, that he offering at Session the Evidence by order from M. Attorney, the Lord Chief Justice Richardson interrupted him, and told him he must speak to the point in issue, whether Priests or no Priests: and hereupon the Judges consulted amongst them∣selves.

Mr. Selden saith, he was present at the Sessions, and plain Treason was proved, and nothing done in it. The further examination of this is referred to a select Committee.

Munday 16.

A Petition of Complaint against Sir Henry Martin, for disposing of the goods of one Brown (who died intestate) to his own private use.

Sir Henry Martin, If I prove not my self as clear of this as St. Iohn Baptist, let me be reckoned to be a Jew.

Referred to the Committee for course of Justice.

At the Committee for Religion.

MAster Stroud, That the Lord Chief Justice may be called to give an account of his stay of Justice, in the execution of the condemned Priests, which he ought not to have done, though his Ma∣jestie signified his pleasure to the contrarie.

Chancellor of the Dutchie, That was a thing ordinarie for a Chief Justice to do in Queen Elisabeths and King Iames times, as also a De∣claration in the Star-chamber, that all condemned Priests should be sent to the Castle of Wisbitch; and from hence (though the King had given no order for the replevie) he might have taken his Warrant for his proceedings.

Mr. Selden reporteth from the Committee, for the further examin∣ation of Mr. Long, concerning the proceeding at Newgate against the Iesuits; whereby plainly appeareth, that the evidence tendered in the Court at Newgate, did plainly testifie these men to be Priests, yet the Lord Chief Justice Richardson did reject the same, against the sence of the rest of the Judges and Justices present: whereby it is plain he dealt under-hand to some of the Iesuites.

Ordered, That two Members shall be sent to each Judge that were present at the Sessions at Newgate; who were said to be the Lord Chief Justice of the Kings Bench, & the Chief Justice of the Common-pleas, Justice Whitlock, Justice Iones, and Justice Crook.

Tuseday 17.

MAster Chambers preferreth another Petition, in complaint of a Warrant newly proceeding from the Councel-board, for the stay of the Merchants goods, unless they payed the duties that were due in King Iames his time.

Sir Iohn Elliot, You see, as by the last answer from the Exche∣quer, the Merchants were bounded within the Court to sue for their own; so they are now debarred from all means of coming by their own.

It is Ordered, that the Customers shall attend the House on Thurseday next. In the mean time it is referred to the former Com∣mittee.

Ordered, a Committee of six to Collect and take all the names at the Fast, and to meet at eight of the Clock in the Morning.

Ordered, That a Committee shall consider of a speedie way to put the Merchants in Possession of their goods, without which it is warn∣ed we sit here in vain.

Sir Thomas Hobbie, Reported from my Lord Chief Justice Hide, that he doth not remember any Papers tendred by Mr. Long were re∣jected, or that he affirmed they were dangerous persons, and a Col∣ledge of Iesuits; but howsoever Mr. Long tendred nothing to prove them so, but that he had diverse papers in his hand.

Mr. Wansford Reported from the Lord Chief Justice Richardson, who saith, that Mr. Long did discourse of the place and house, but did not press the reading of any papers, neither doth he know what was in the papers, neither knew he any thing to prove the persons Priests.

Sir Thomas Barrington delivereth the answer of Justice Iones, who saith, the same papers were offered by Mr. Long, but he knoweth not the Contents thereof, nor the reason why they were refused: but he came late for want of his health, and the second day was not there at all.

The like was Reported by Sir Will. Constable, from Justice Crook.

Sir Thomas Barrington saith, Although that Justice Iones did not write the name of my Lord Chief Justice Richardson, yet in discourse named him to be the man that said, The point in proof is not whether they be Priests or no Priests.

Sir Nath. Ritch, Here is a charge of a high nature on the Judges by Mr. Long. That Mr. Long now may make good his Charge, or suf∣fer for it: for there were witnesses enough in the Court.

Ordered, Mr. Long to be here on Thurseday Morning.

Ordered, That the Justices about this time, shall be required to de∣liver in the names of all Recusants remaining about the Town, and their conditions, and what Countrey they be.

It is Moved, That the Gentlemen of the Inns of Court, and of the Chancerie, may give in their knowledge what Recusants are there.

Sir Iohn Stanhope, That the Court may give in the names of Re∣cusants there, likewise by what Warrant these be about the Town, and what publick charge of Office any of these persons have, also what Priests and Iesuites are in any prison in London; for they have libertie sometimes to go five miles to say Mass.

Wednesday 18.

A Publick Fast was kept by this House in Westminster, where were three Sermons.

Thursday 19.

MAster Dawes, one of the Customers, called in to answer the point of Priviledge in taking Mr. Rolles his goods, being a Mem∣ber of this House, saith, he took Mr. Rolles goods by virtue of a Com∣mission under the great Seal, and other warrants remaining in the hands of Sir Iohn Elliot. That he knew Mr. Rolles to be a Parlia∣ment man, and Mr. Rolles demanded his Priviledge; but he did un∣derstand his Priviledge to extend onely to his person, not to his goods.

Mr. Dawes further saith, he took those goods for such duties as were due in King Iames his time, and that the King sent for him on Saturday last, and commanded him to make no other answer.

Mr. Carmarthen, another Customer called in, saith, he knew Mr. Rolles to be a Parliament man, and that he told Mr. Rolles he did not find any Parliament man exempted in their Commission, and if all the bodie of this House were in him, he would not deliver the goods (if he said he said he would not, it was because he could not.)

Mr. Wansforth, That the delinquence of these men may be declined for the present, and that we may first go to the King by way of Re∣monstrance; considering the matter from whence this did arise. If it were a single Priviledge, it were easily determined.

Mr. Selden, If there be any near the King that mispresents our actions, let the curse light on them, and not on us. And believe it, it is high time to right our selves, and untill we vindicate our selves in this, it will be in vain to sit here.

Sir Nathaniel Ritch moveth, not to proceed in this, untill it be by a select Committee considered, in regard, the King himself gave or∣der to stay these goods, though the goods of a Parliament man.

Sir Iohn Eliot, The heart-bloud of the Libertie of the Common∣wealth, receiveth its life from the Priviledge of this House.

Resolved by question, that this shall be presently taken into consi∣deration. And being conceived a business of great consequence, It is Ordered, That the House shall be dissolved into a Committee, for the more freedome of debate. Mr. Harbert in the Chair of that Committee.

Friday 20.

A Petition of Complaint of a Conspiracie against a mans life, by the Lord Deputie of Ireland, and others, to get the estate of the Petitioner to their own use.

Which is referred to the Committee for Justice.

Sir Iohn Worsnam, another of the Customers called in, saith, he was commanded from the King: that the goods were taken for duties; and no more: that he was sought to to Farm the Customs, and told the King, (being sent for to him) that he was not willing to deal therein, untill the Parliament had granted the same.

Mr. Selden Conceiveth the case of these three Customers do differ in the degrees of their offences. First for Sir Iohn Worsnam, whatever he saith here, he hath often confessed the goods were taken for Ton∣nage and Poundage: so that as he broke the Priviledge in taking the goods, so likewise his swearing one thing and the contrarie, plainly ap∣peareth upon proof, and his own confession.

Mr. Dawes, his cause differeth onely in this, Sir Iohn Worsnam is a Patentee, and Dawes onely a sharer.

Mr. Carmarthens cause differeth, in saying, if all the Parliament were in him, he would not deliver his goods.

Ordered, that Worsnams case shall be first decided.

And first the point is, Whether by the Lease Sir Iohn Worsnam having seised the goods, hath interest or no; or whether he be onely an accounter to the King, or not.

Mr. Glanvile, Here is a sum of money advanced, a Lease granted for certain years, a certain Rent reserved: and though there be a cove∣nant to these men, that if there be less it shall be abated, yet that can∣not take away their interest.

The substance of the offences made by the Customers in the Ex∣chequer is, that the goods of the Merchants seised by them, and re∣maining in the Kings Store-house, were seised onely for duties to the King, mentioned in a Commission under the Kings signet; and that themselves (the Customers) had no interest, nor pretence of interest.

Saturday 21.

A Petition by Mr. Thomas Symons, in further complaint of the Customers, and the Two shillings Six pence upon the Currants granted to the Lord Arrundell: which is referred to the Committee for Merchants.

Sir Robert Pye saith, The Lord of Arrundell hath delivered in his Pattent to the King two months since.

At the Committee for Merchants.

MAster Littleton argued, whether a Member of the House hath his goods priviledged upon a Prorogation, being seised for the King.

All Priviledge is allowed for the good of the Common-wealth, and the Parliament Priviledge is above any other, & the Parliament onely can decide Priviledge of Parliament, not any other Judge or Court whatsoever.

That a man may not distrain for rem in Parliament time, but for all arrears after the Parliament he may distrain: he is not to be im∣ployed in any action personal, nor his goods to be seised in the Exche∣quer. A Record and Act of Parliament by Petition, that because the servant of a Member of the Parliament is in the Kings Royal pro∣tection, that it might be High Treason to kill a Parliament man: and the King answered affirmatively; which made it a Law.

And for the Judges to determin priviledge of Parliament, were to supersede the Law, and make it void. For the Prorogation the Privi∣ledge stands good untill the day of Prorogation, notwithstanding a Proclamation of a new Prorogation.

That the King is never so high in point of State as in the Parlia∣ment. Citeth the case of Sir Robert Howard in High Commission.

All Priviledges unless in Felonie, Treason, or breach of Peace.

Sir Robert Phillips, Thus you see how fast the Prerogative of the King doth trench on the Libertie of the Subject, and how hardly re∣covered. Citeth many Presidents, wherein the goods of a Member of the Parliament were Priviledged from seizure in the Exchequer. In 19 Eliz. it was resolved in Parliament, that 20 days before, and 20 days after was the time of Priviledge.

Chancellor of the Dutchie, That in this debate we may tie our selves to point of Law and Authoritie, not to point of Reason.

And conceiveth that no Priviledge lieth against the King in point of his duties.

Sir Francis Seymour, I desire it may first be debated, Whether this case doth concern the King or no: for I conceive these Customers have not made good that there was any right: here is onely art used to entitle the King. I conceive it a high offence for any man to lay the scandal upon the King for every project.

Mr. Glanveil, Here is a cunning Project in the Exchequer to enti∣tle the King, a meer cunning Project, and an offence of a high nature, to shelter their projects under the Command of the Crown.

Secretarie Cook, The point in question is not the right of the Sub∣ject, but the right of Parliament Priviledge, and that in the case of Mr. Rolles; and this is onely now in question.

Sir Iohn Strangewaies, I know no reason why we should draw a question upon our selves which we need not, especially between the King and us. I conceive it plain, these Customers took the goods in their own right, not in the Kings. In this Priviledge is plainly broken, wherein it is easily determined.

Mr. Banks, In this case there is no interposing of the Kings Right, and the King, this Parliament hath declared as much.

That the Courts at Westminster do grant 12 days priviledge to any man to inform his Councel, much more the Court of Parliament are to have their Priviledge. The Kings Command cannot extend to authorize any man to break the Priviledges, no more than it will war∣rant an entrie upon any mans Land without process of Law.

Mr. Soliciter, If the King have no Right, how can he make a Lease? then this pretended interest of the Customers must needs be void, and therefore the goods must not be taken on their own right, but in the right of the King.

Mr. Selden, If there were any right, the pretended right were in the Subject. First, whether Priviledge in goods. Secondly, whe∣ther the right were in the Customers onely. Thirdly, whether pri∣viledge against the King.

• 1. If the Lords have no priviledge in Parliaments for their goods, then have they no priviledge at all; for they are priviledged in their persons out of Parliament.
• 2. For the point of interest it is plain, no kind of Covenant can al∣ter the interest; and questionless, had the cause in the Exchequer ap∣peared to the Barons as it doth to us, they would never have proceed∣ed as they did.
• 3. If our goods may be seized into the Exchequer, be it right or wrong, we were then as good have nothing.

Sir Nath. Ritch, 〈…〉〈…〉 recorded the last Session (and citeth other presidents in this House) that a servant of a Member in Parliament ought to have priviledge in his goods.

Mr. Noy saith, that these Commissioners had neither Commission nor Command to seize. Therefore without doubt we may proceed safely to the other question, That the priviledge is broken by the Cu∣stomers, without relation to any Commission or Command of the King.

Secretarie Cook saith, It is in the Commission to seize, but the Commission being read, it is not found to be there.

Chancellor of the Dutchie saith, Mr. Dawes mentioned, that he sei∣zed these goods by virtue of a Commission and other Warrants re∣maining in the hands of Sir Iohn Elliot: that therefore these War∣rants may be seen, whether there be no command to seize these goods.

Sir Nathaniel Ritch, This days debate much joyeth me, specially the motion made by Mr. Noy, whereby it is plain we have a way open to go to this question, without relation to the Kings Commission or Command: and desire it, in respect there appears nothing before us to incumber the question.

Chancellor of the Dutchie, desires again these Warrants may be look into before we go to the question.

Mr. Kirton, In respect this Honorable Gentleman presseth this so far, that it may appear with what judgement this House hath pro∣ceeded.

Mr. Glanveil, I consent these Warrants be sent for and read, but withall, if any thing arise that may produce any thing of ill conse∣quence, let it be considered from whence it doth come.

The Privie Councellers are contented with this Motion.

The Warrants being sent for and read, it is plain there is no War∣rant to seize.

Mr. Kirton, If now there be any thing of doubt, I desire those Honorable persons may make their objections.

Chancellor of the Dutchie, I rejoyce when I can go to the Court able to justifie your proceedings.

I confess, I see nothing now but that we may safely proceed to the Question.

Mr. Secretarie Cook saith as much.

Mr. Hackwell argueth against Priviledge in time of Prorogation.

Mr. Noy saith, he had no doubt, but that Priviledge was in force in time of Prorogation, untill he heard this Argument of Prorogation of Mr. Hackwell, and saith, that he hath nothing from him yet that doth alter his opinion; and citeth a cause wherein the Lords House hath this verie Prorogation adjudged the Priviledge.

Mr. Hackwell saith, he is glad to hear it is so, and he is now of the same opinion.

Decided by Question, That Mr. Rolles ought to have Priviledge of Parliament, for his goods seised 30 Octob. 5 Iac. and all sithence.

This Committee is adjourned untill Munday, and the Customers to attend.

The Protestation of the COMMONS in Par∣liament on Munday 2. Mar. 1628.

1. WHosoever shall bring in an Innovation in Religion, or by fa∣vour or countenance seek to extend, or introduce Poperie or Arminianisme, or other Opinion differing from the true and orthodox profession of our Church, shall be reputed a Capital enemie to this King∣dom and Common-wealth.

2. Whosoever shall counsel or advise the taking or leavying of the Subsedies of Tonage and Poundage, not being granted by Parliament, or shall be an Actor or an Instrument therein, shall likewise be reputed an In∣novator in the Government, and a Capital enemie to the Kingdom and Common-wealth.

3. If any Merchant, or other person whatsoever, shall voluntarily yield or pay the said Subsedie of Tonnage or Poundage, not being granted by Parliament, he shall likewise be reputed a Betrayer of the Liberties of England, and an enemie to the same.