THE DIURNAL OCCURRENCES of every days proceeding in PARLIAMENT since the beginning thereof, being Tuesday the twentieth of january, which ended the tenth of March. Anno Dom. 1628.  
With the Arguments of the Members of the House then assembled.  
LONDON, Printed by R. H. and are to be sold by William Cook, at Furnivals' Inn Gate in Holborn. Anno Dom. 1641.   

A TRUE RELATION of every days proceeding in PARLIAMENT, since the beginning thereof, being Tuesday the 20. of january: An. Dom. 1628.  

Upon the said twentieth day of january being the first day of the Parliament nothing was done, but only the settling of the Committees.  
Upon Wednesday the 21. of january, It was ordered that M. Selden and others should see if the Petition of Right, and his Majesties Answer thereto were enroled in the Parliament Rolls, and the Courts of Westminster, as his Majesty sent them word the last Session they should be, and also in what manner they were entered, which was done accordingly.  
M. Selden reported to the House that his Majesty's Speech made the last day of the Parliament, in the upper House, is also entered by his Majesty's command.  
M. Pymme moved that the debate thereof should be deferred until Tuesday next, by reason of the fewness of the House, and the liberty of the Kingdom.  
Sir john eliot, It is true it deserves to be deferred until there be a fuller House; But it is good to prepare things; I find it is a great point; I desire a select Committee may consider thereof, and also how other liberties of the Kingdom be invaded: I find in the Country the Petition printed indeed, but with an Answer that never gave satisfaction; I desire a Committee may consider thereof, and present it to the House by what warrant it was printed; which was ordered.  
M. Selden, In this Petition of Right it is known, how lately it hath been violated, since our last meeting, the liberties for Lease-person and , how have they been invaded? have not some been Committees? and contrary to that: Now we knowing this Invasion, must take notice of it; We know of an order made in the Exchequer, That a Sheriff was commanded not to execute a Replevin; and men's goods are taken away and must not be restored; And also no man ought to lose life or limb, but by the Law: And hath not one lately lost his Ears (meaning Savage) that was censured in the Star-chamber, by an Arbitrable Judgement and sentence? Next they will take away our Arms, and so our Lives; Let all see we are sensible of these customs which creep on us; Let us make a just presentation hereof to his Majesty.  Norton at Bar, 
Norton the King's Printer was called to the Bar, and asked by what warrant the Additions to the Petition were printed; He said, there was a Warrant (as he thought) from the King himself; And being asked whether there were not some Copies printed without Additions, He said there were some, but they were suppressed by some Warrants.  
Sir john Elliott desired a clearer satisfaction might be made; and that he might answer directly by what Warrant: whereupon he was called in again, and said he did not remember the particular, but sure there was a Warrant.   

Thursday the 22. of january.  
One M. Rolls a Merchant and a member of the House informed the House, that his goods were seized by the Customers, for refusing to pay the custom by them demanded, although he told them what was adjudged to be done by Law, he would pay: Whereupon Sir Robert Phillippes spoke as followeth,  
Sir Robert Phillippes: By this information you see the unfortunateness of these times; and how full time it was for this Assembly to meet, to secure his Majesty, and to preserve ourselves: And I am confident we came hither with fullness of both, and all shall conduce to a happy conclusion, and to the King's honour, and to our own; Great and weighty things wound deep: Cast your eyes which way you please, you shall see violations on all sides. Look on the liberty of the Subject: Look on the privilege of this House: Let any say, if he ever saw or read the like violations by inferior Ministers that overdo their commands. They know the party was a Parliament man; Nay, they said, if all the Parliament was in you, this we would do and justify. If we suffer the liberty of this House to whither, out of fear or complaint; we give a wound to the happiness of this Kingdom: Here the course of Justice was intercepted. An Order in the Exchequer was made for a stay of the goods, since there is seizure upon the approach of Parliament of goods amounting to 5000 l. for a pretended duty of 200 l. In the first of King james, by reason of the sickness that then was, the Parliament was prorogued, and then was some boldness to take this Tonnage and Poundage; and then we questioned the men that demanded Tonnage and Poundage, for there was no right to demand it: Let us proceed with affection of duty to make up breaches; Let a Committee proceed of these proceeding: Here M. Littleton made a Speech to second him.  
M. Littleton, We have had good admonitions, and we have followed them; We have Moderation preached unto us in Parliament, and we have followed it; I would others did the like out of Parliament: Let the parties be sent for, that violated the Liberties of Parliament to have their Doom. This Speech was occasioned by Secretary Cook, who in his Speech desired that Moderation should be used.  
Sir john Elliott, I see by this Relation what cause we have to be tender of the Liberty of the Subject, and this House; and yet withal to retain the Moderation, as to give satisfaction to the world, that our heart is fixed to serve his Majesty, and to free us from offer of jealousy; Three things are involved in this complaint: 

1. The Right of a particular Gentleman.  
2. The Right of the Subject.  
3. The Right and Privilege of this House.   Let the Committee consider of the two former; but for the violation of this House, let us not be lesser than our forefathers: Was ever the information of a member committed to a Committee? Let us send for the parties: Is there here a bare denial of the Restitution of the goods? Was it not also said, that if all the Parliament were comeined in him, they would do as they did? Let them be sent for.  
It was ordered that the Officers of the Customhouse should be sent for.  
M. Selden reported from the Committee concerning the printing of the Petition of Right, That there were 5000 Copies printed without any Additions at all, which were published in the time of the last Parliament; but since the Parliament other Copies have been printed with the Additions, and these suppressed and made waste papers, which the Printer did as he said by command from M. Attorney, which he received from his Majesty: And the Printer further said, that M. Attorney was with the Lord Privy Seal at Whitehall, and there delivered to the Printer divers papers with divers hands to them; and on the back side was endorsed these words, We will and command you, that these Copies be printed.   

Friday the 23. of january.  
His Majesty sent the House a message to this effect, That he willed them to cease from further debate of Tonnage and Poundage till the next day in the afternoon, and that he would speak with them in the Banqueting House at White Hall.   

Saturday the 24. of january.  
The King's Speech.  
My Lords and Gentlemen,  
The care I have to remove all obstacles that may hinder the correspondency betwixt me and this Parliament, is the cause that I have called you hither at this time; the particular occasion being a complaint made in the Lower House. And as for you my Lords, I am glad to take this and all other occasions, whereby you may clearly understand both my words and actions; For as you are nearer in degree, so you are the fittest witnesses for Kings. The complaint I speak of is for staying men's goods, that denied Tonnage and Poundage, this may have an easy and short conclusion, (if my words and actions be rightly understood); for by passing of the Bill as my Ancestors have had it, my past Actions will be included, and my future authorized; which certainty would not have been struck at, if men had not imagined that I have taken these duties as appertaining to my Hereditary Prerogative, in which they are much deceived; For it ever was, and still is my meaning by the gift of my people to enjoy it: And my intention of my Speech at the ending of the Session concerning this point, was not to challenge Tonnage and Poundage as of right, but De bene esse, showing you the necessity, not the right, by which I was to take it, until you had granted it unto me; assuring myself according to your general professions, that you wanted time, not will to give it me: Wherefore now having opportunity, I expect that without loss of time, ye make good your professions; and by passing of the Bill, to give an end to all the Questions arising from this subject, especially since I have cleared the only scruple that can trouble you in the business.  
To conclude, let us not be jealous of one another's actions; for if I had been easily moved at every occasion, the Order made on Wednesday last might have made me startle, there being some show to suspect that you had given yourselves the liberty to be inquirers after Complaints, (the words of your Order being some what largely penned;) but looking into your actions, I find you are only complainers, not seeking complaints, for I am certain you neither pretend nor desire the liberty to be Inquisitors of men's Actions, before particular complaints be made.  
This I have spoken, to show you how slow I am to believe harshly of your proceed; likewise I assure you, that the Houses resolutions, not particular men's Speeches shall make me judge well or ill, not doubting but according to my example you will be deaf to ill reports concerning me, till my words and actions speak for themselves: That this Session beginning with confidence one towards another, may end with a perfect good understanding between us, which God grant.   

Monday the 26. of january.  
M. Walter did inform the House that there were divers Ships laden with Corn for Spain; Hereupon a Committee was appointed to inquire about the Trading into Spain, and other enemies; and transporting Corn, and other Munition thither.  
It is also ordered, that some of the Privy Council should presently move the King about the stay of the Ships.  
Then after M. Secretary Cook moved that the Bill of Tonnage and Poundage might be read, and after some debate it was diverted, and they fell upon point of Religion.  M. Rouse concerning Religion. 
Master Speaker,  
We have of late entered into the consideration of the Petition of Right, and the violation of it; and upon good reasons, for it concerns Goods, Liberties and Laws, but there is Right of a higher nature, that preserves for us fare greater things; eternal life, ourselves, yea our God himself: Right of Religion, derived to us from King of Kings, conferred upon us by the King of this Kingdom, enacted by Laws in this place, streaming down upon us in the blood of Martyrs, that witnesses from Heaven by miracles, even miraculous Deliverances: And this Right in the name of this Nation, I this day claim and desire, that there may be a deep and serious consideration of the violations of it; I desire first, that it may be considered, what new paintings are laid upon the old face of the Whore of Babylon, to make her more lovely, and to draw so many Suitors unto her; I desire that it may be considered how the See of Rome doth eat into our Religion, and fret into the Walls and Banks of the Laws and Statutes of this Realm, especially since those Laws have been made in a manner by themselves, and by their own treasons and bloody designs. And since their Popery is a confused mass of errors, casting down Kings before Popes; the precepts of God, before the traditions of men; living and reasonable men before dead and senseless stocks and stones: I desire that we consider the increase of Arminianism, an error that makes the grace of God lackey it after the will of man, that makes the sheep to keep the Shepherd, and makes a Mortal seed an Immortal God; I desire we may look into the very belly and bowels of this Trojane Horse, to see if there be not men in it, ready to open the gate of Romish Tyranny and Spanish Monarchy; for an Arminian is the spawn of a Papist: and if there come the warmth of favour upon him, you shall see him turn to one of those Frogs that rise out of the bottomless pit. And if you mark it well, you shall see an Arminian reaching out his hand to a Papist; a Papist to a Jesuit; a Jesuit gives one hand to the Pope, and another to the King of Spain; and these men having kindled a flame in our neighbour Country, have brought over some of it hither, to set on flame this Kingdom also: Yea, let us further search and consider whether these be not the men that break upon the Goods and Liberties of this Commonwealth; for by this means they make way for the taking away of our Religion. It was an old trick of the Devil, when he meant to take away jobs Religion; he began at his goods. Lay thine hand on all, and he will curse thee to thy face; either they think thereby to set a distaste between Prince and people, or to find some other way of supply to avoid or break Parliaments, that so they may break in upon our Religion, and bring in their own errors: But let us do as job did, he held fast his Religion, and then his goods came again with advantage; and if we hold fast God and his Religion, these things shall be added unto us: Let us consider the times past, how they flourished in honour and abundance, when Religion flourished amongst us; but as Religion decayed, so the honour and strength of this Kingdom decayed. When the soul of a Commonwealth is dead, the body cannot long over-live it. If a man meet a Dog alone, the Dog is fearful, though never so fierce by nature; but if the Dog have his Master by him, he will set upon that man from whom he fled before: This shows the lower natures being backed by higher increase in courage and strength; and certainly man being backed with omnipotence, is a kind of omnipotent thing. All things are possible to him that believeth, and where all things are possible, there is a kind of omnipotence; wherefore let us now with an unanimous consent of us all, resolve to make a vow and covenant henceforth to hold fast our God and our Religion, and we shall from henceforth certainly expect prosperity unto this Kingdom and Nation, and to this covenant let every one say, Amen.  Sir Francis Seymor. 
If Religion be not a rule to all our actions, what policy can we have? if God fights not our battles, the help of man is in vain; In our defects the cause thereof is our defect in Religion, and the sin thereof is Idolatry and Popery: Papists increase more now then ever, neither do they want their Priests and Masses. Nay, his Majesty's name is used to stop proceed against Papists, and that since the Parliament, contrary to his Majesty's goodness and public profession; and contrary to his many Proclamations and many Instructions to the Judges; and whatsoever is done in the Country, is undone above.  M. Kirton. 
Master Speaker,  
This business that we have in hand concerning our Religion, is of dangerous consequence, if it be not throughly looked into; I think that no man that sits here but is sensible in what danger now it stands, if this Honourable House do not find some speedy remedy for it.  
It was apparent to every man, that new opinions are brought in by some of our Churchmen to disturb our peace, and the meaning of these Churchmen can be no other, then to bring in the Romish Religion amongst us; for it hath ever been Jesuitical policy, first to work a disturbance, than afterward a change; we must seek the cause: I shall briefly speak my opinion, that is, that this proceedeth from the ambition of the Clergy, that are near his Majesty; for it is well known, that at first the Church of Rome, and that we profess were all one; and that the ambition of the Clergy begot and brought in all these differences that are now betwixt us: The highest dignity they can here attain unto, is but an bishopric; but a Cardinal's Cap is not here to be had: I believe some of them affect that too well, and in some we see the effects, how they change their opinions for advancement; and then they will turn white into black, and black into white.  
This being so, our endeavour must be to take away the root, and then the branches will decay themselves; It is not the calling of the Appeal to Caesar will do it; for if they can get Bishoprics for writing such books, we shall have many men that will write books in that kind: It behoves us all, every man according to his ability, to employ himself for the search of these things; and that we may find out the matter and the men, that we may present them and the danger that this Kingdom stands in by them to his Majesty: And for mine own part, as God shall enable me, I will do my best herein.  M. Sherland. 
We have a Religion that is worth the loving with all our hearts; it was settled by the blood of Martyrs, and kept by Miracles. To have our noses wiped of this, would grieve my heart, to see more, to behold our Religion go away, and designs daily made on it; and Arminianism still to increase as it doth, I admire: I persuade myself the greater part of the Clergy, Nobility, and Gentry are firm; but it is the desires of some few that labour to bring in a new faction of their own, and so they drop into the ears of his Majesty, That those that oppose them oppose his Majesty, and so they put him upon designs, that stand not with public liberty: That he commands what he lists, with Lives, Goods, and Religion; and doth as he pleaseth: And so they involve all true hearted Englishmen and Christians, under the name of Religious Puritans, and so involve his Majesty's quarrels to be theirs, which is Treason of the highest quality.   

Tuesday the 27. of january.  
A Petition was exhibited against one Lewis, that said that about the 25. of December, The Devil take the Parliament, which was avowed by two witnesses; and though it was spoken our of Parliament, yet it was resolved to be an offence to the Parliament, and it was ordered that he should be sent for.  
Sir Nathaniel Rich tendered a Petition concerning the Fast, which was agreed to be preferred to the King as followeth. It was ordered that conference should be dosired with the Lords about this Petition, who desired to join with the Commons.  
The King sent a message by Secretary Cook to this effect; viz. His Majesty understanding that the Remonstrance was called, for to take away all quesition, commanded me to deliver it to you; but hoping you proceed with the Bill of Tonnage and Poundage, and give precedency to that business, and to give an end to further dispute between some of his Subjects, or else he shall think his Speech, which was with good applause accepted, had not that good effect that he expected: But before the message, a report was made by M. Pymme from the Committee of Religion, where a motion was made about the Remonstrance last Session, concerning that part which concerneth Religion; and the Clerk 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 message calls me up for point of Precedency; Religion challengeth Precedency and Right of our best endeavours; Vbi dolour, ibi digitus. I know Justice and Liberty is God's cause, but what good will Justice and Liberty do, if Popery and Arminianism join hand in hand together, to bring in 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 Persons advanced, what Truths confirmed, by all authority of Church, Counsels, and Kings: for my part, I will forego my life, estate and liberty, rather than my Religion; and I dare boldly affirm, That never was more corruption than is at this time. Humana Consilia castigantur, ubi caelestibus se praeferunt; Let us hold ourselves to this method, and that God that carried us out of so many difficulties the last Session, will not be wanting to us now.  M. Coriton. 
Let us not do God's work negligently: We receive his Majesty's messages with all duty; for our proceed, let us so proceed, as it may soon conduct us to his Majesty's desire: Religion concerns the King aswell as us: The unity of this House is sweet, especially in God's cause. Let us cry, and cry again for this; Let us be resolved into a Committee, and presently to debate hereof.  M. Pymme. 
There are two diseases; the one old, the other new; the old, Popery; the new, Arminianism. There are three things to be enquired after concerning Popery:  
First, of the cessation of the execution of Laws against Popery.  
Secondly, how the Papists have been employed and countenanced.  
Thirdly, the Law bringing of superstitious Ceremonies amongst us.  
For Arminians, be advised;  
First, that a way be opened for the truth.  
Secondly, that by the Articles set forth 1502 and by the Catechism in King Edward the sixths' days; and by the writing of Peter Martyr, and Martin Bucer, Wickliff, and others; and by the constant profession, sealed with the blood of so many Martyrs, Cranmer, Ridley, and others; and by the 36. Article, set forth in Queen Elizabeth's time; and by the Articles set forth at Lambeeths, as the Doctrine of the Church of England, which King james sent to Dorte, and to Ireland, as the truth professed here: and by his Majesty's Declaration and Proclamation, to maintain unity in the settled Religion, as appeared by his Proclamation; and other courses tending that way, which were perversted and abused to the ruin and subversion of Religion, which bred a fear of Innovation; as also by the preferment which such have received since the last Parliament, who have heretofore taught contrary to the truth.  
Then to consider again for what act these men have been countenanced and advanced, what pardons they have had for false Doctrines; what Preach hath been lately before his Majesty; what prohibiting of books, as have been written against their doctrine; and permitting such books as have been for them.  
It belongs to the duty of the Parliament to establish true Religion, and to punish false: And howsoever it is alleged, that the Parliament are not Judges in matters of Faith; yet ought they to know the established and fundamental Truths, and the contraries unto them: For Parliaments have confirmed general Counsels, which have not been received until they have been so authorized, and Parliaments have enacted Laws for trial of Heretics by Jury.  
The Parliament punished the Earl of Essex for countenancing of Heretics; and there is no Court can meet with this mischief but Courts of Parliament.  
The Convocation cannot, because it is but a Provincial Synod, only of the Jurisdiction of Canterbury; and the power thereof is not adequate to the whole Kingdom: and the Convocation at York may perhaps not agree with that of Cunterbury. The High Commission cannot, for it hath its authority from Parliaments, and the decivati●e cannot prejudice the original: The judgement of Parliament, being the judgement of the King, and of the three Estates of the whole Kingdom.   

Wednesday the 28, of january.  
Master Secretary Cook delivered another Message 〈◊〉 his Majesty: viz. His Majesty upon an occasion of dispute in this House about Tonnage and Poundage, was pleased to make a gracious Declaration, wherein he commended to the speedy finishing thereof, and to give a precedency thereunto. And since his Majesty understands the preferring the cause of Religion; His Majesty expects rather thanks then a Remonstrance, yet he doth not interrupt you, so that you do not trench of that, that belongs not to you. But his Majesty still commands me to tell you, that he expects precedency in Tonnage and Poundage; assuring himself he hath given no occasion to put it bacl, and so you will not put it off.  M. Long. 
I cannot but with much sorrow see that we are still pressed to this pount; I hoped that those near the Chair would have 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 edmond's. 
I am sorry this House hath given occasion of so many Messages about Tonnage and Poundage; after his Majesty hath given us so much satisfaction. You may perceive his Majesty is sensible of the neglect of his business: We that know this, should not discharge our duties to you, if we should not persuade you to that course which should procure his Majesty's good opinion of you. Yourselves are witnesses how industrious his Majesty was to procure your gracious Laws in his Father's time; and since that, what enlargement hath he made of our Liberties, and still we give him cause to repent him of the good he hath done: consider how dangerous it is to alien his Majesty's heart from Parliaments.  M. Coriton. 
When men speak here of neglect of duty to his Majesty; let them know, we know no such thing, nor what they mean; and 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 bacl by their Messages, and the business in hand is of God and his Majesty.  
Things are certainly amiss, and every one sees it; and woe be to us, if we present them not unto his Majesty.  Sir john Elliott. 
I have always observed in the proceed of this House, our best advantage is in Order; And I was very glad when this noble Gentleman (my Countryman) gave occasion to stay our proceed; for I fear it would have carried us into a sea of confusion and disorder: And having now occasion to present my thoughts unto you, in this great and weighty business of Religion; I shall be bold to give a short expression of my own affection; and in that order, that I hope will conduce best to the effecting of your work, and direct our labours to an end. To enter into a particular disquisition of the writings of Divines, I fear it will involve us in a Labyrinth, that we shall hardly get out, and perchance hinder that way, and darken that path in which we must tread; before we know what other men declared: It is necessary we presently lay down what is the truth; and (as I presume) we come not hither now to dispute of Religion: fare be it from the thought of the Church, that hath thus long confessed it, now to dispute it: Shall posterity think that we have enjoyed our Religion fourscore years almost, and are now doubtful of the sense? (God forbidden.) It may be Sir, and out of some thing lately delivered, I have not unnecessarily collected, that there is a jealousy conceived; as if we meant to deal in matter of Faith, it is our profession; this is not to be disputed, neither will that truth be receded from this long time held, nor is that Truth decayed; it is confirmed by Parliament because it was Truth: And as this Sir, before I shall come to deliver myself more particularly, give me leave, that have not yet spoken in this great cause, to give some apprehension to have a fear; For it is in the Parliament to make a new Religion, (I hope) shall it be in any to alter the body of the Truth, waich we now profess: I must confess Sir, amongst all these fears we have contracted, there ariseth to me not one of the least dangers in the Declaration, which is made and published in his Majesty's name. And yet Sir, this conclusion exclusively (let me say that I may not be mistaken) what ever in that or other things shall appear to carry mention of his Majesty; we have not the least suspicion or jealousy of him: We have that comfort in his Piety and Goodness, as if there be any misprision or error, I hope it is by those Ministers about him; which not only he, but all Princes are subject unto.  
And to clear that, that Princes are subject to misinformation, and many actions may be entitled to their names, when there is no suspicion of it to be done by themselves; we leave to look bacl to Precedents and other times, and what I find in our Stories, may be useful in this.  
Antiochus' King of Asia sent his Letters and Missives to his Provinces, etc. That if they received any dispatches in his name, not agreeable to Justice, Ignoto s● literal esse scriptas, ideoque eyes, parent: I find by Plutarch. of great King Antiochus of Asia, who faith, that Princes are obnoxious to abuses of Ministers, and yet could not at all times be prevented; and therefore he sent Messengers and Letters to all his Provinces, that if there were any Letters or Dispatches sent under his name that came to them, that were not warrantable by Law, and agreeable to Justice, it could not be conceived to be done by him; and therefore they should not give way to it.  
Sir, I find in another Book, (and beseech you let it be apprehended) Gratian did not only note and confess the same, but added the reason also; which the Masters of the Civil Law can testify from their Books, wherein is thus expressed, Quòd verecunda poenitentium inchoatione Principes saepe restringantur, ut non concedenda concedant; Because that oftentimes with importunity of Ministers and those about them, Princes are drawn to grant things by them not fit to be granted: as it was in that, so it may be in this: I speak it to this end, to draw this conclusion, That if there be any thing that bars the Title of his Majesty, it may be his Ministers: (fare be it from me to have any suspicion of him.)  
And now to that particular in the Declaration, wherein I confess, with me an apprehension of more fear than we have in all the rest; for in all the particulars we heard what is said of Popery and Arminianism, it is that our Faith and Religion is in great danger, but it is by degrees: Here Sir, like an Inundation it doth break in at once, that we are in danger to be ruined and overwhelmed: For I beseech you mark the ground of our Religion, it is contained in the body of these Articles. If there be any difference in opinion concerning the sense and interpretation, the Bishop and the Clergy in the Convocation have power admitted to them to do any thing that shall concern the continuance and maintenance of the truth, being contained in these Articles, being different in the sense; so as if there be any dispute about it, it is in them to order which way they please: And for aught I know, Popery and Arminianism may be a sense introduced by them, and then it must be received. Is it a slight thing that the power of Religion should be left to the power of these men? I honour their Professions, and honour their calling in Reverend Bishops, but I honour not these men: give leave unto me to say the truth; that we profess is not men's, but Gods; and God forbidden man should be made to judge of the Truth: Look upon the conclusion they have made, and from thence draw their arguments; I remember a character I have seen, in a Diary of Edward the sixth, that young Prince of famous memory, wherein he doth express the conditions of the Bishops and Clergy of his time under his own hand-writing: That some for sloth, some for age, some for ignorance, some for luxury, and some for Popery; they were unfit for discipline and government.  
I hope it is not so with us: Nay, give me leave to vindicate the honour of those men that openly show their heart to the truth. There are amongst our Bishops such as are fit to be made examples for all ages, who shine in virtue, like those two faithful witnesses in Heaven, of whom we may say that Elegy which Seneca did of Caius, that to their memories and merits No hoc quidem obstet, quod nostris temporibus nati sunt, To whose memory and merit I may use the saying, that others faults are not prejudicial to their virtues, are so industrious in their works, that I hope posterity shall know that they are men that are firm for the Truth.  
But Sir, that all are not such, so free, sound, and orthodox in Religion as they should; witness the men complained of, and you know what power they have: Witness the man nominated lately in Master Montagues: I reverence the Order, I honour not the man; others may be named as bad: I apprehend such fear that should be in their power, we may be in danger to have our whole Religion overthrown.  
But I give this for testimony, and thus fare express my Religion against all the power and opposition of these men; or whensoever any opposition of these men shall come, we shall maintain the Religion we profess, for that we have been borne and bred: nay Sir, if cause be, in that I hope to die.  
Some of these Sir you know are Masters of Ceremonies, and they labour to introduce new Ceremonies into the Church; some Ceremonies are useful: give me leave to join with you in one that I hold necessary and commendable, That at the repetition of the Creed we should stand up, to testify the resolutions of our hearts, that we should defend the Religion we profess: And as in some Churches it is added, they did not only stand upright with their swords drawn, but said, if cause were, (they did hope) to defend their Prince, Country, and Religion, and would draw their swords against all that opposed.  
This I speak out of that care I have to preserve the honour of our King, who I fear by these Innovations of Religion may have sought to undermine it: But to come to the manner and method of our proceed, having made the expression; wherein, if I have transgressed the rule propounded, I receive your pardon: I desire to avoid confusion and distraction, that we may go presently to the ground of our Religion, and lay that down a rule on which all others rest: Then when that is done, it will be time to take into consideration the breakers and oftendors against this rule in the next place; But before we have laid down that, our work will be in vain: therefore first to lay down the proposition wherein we differ from the Arminians, and in that I shall be ready to deliver my opinion; and this is my humble motion.  
It was ordered that a Committee should be appointed to pen an answer to his Majesty's messages, and to show him that it is their resolutions to give him all expedition in his service, and that they hold it not only fit to give him thanks, but rather to show what perils we are in; and that Tonnage and Poundage is their own gift, and it is to arise from themselves; and that they intend not to enter into any thing that belongs not to them.   

Thursday the 29. of january.  
The former part of the day was spent in debating of the transportation of Corn and Victuals into Spain; and it was ordered, that a message should be sent to his Majesty: That it is now evident, that divers 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 of Parliament concerning Religion, as followeth.  
That We the Commons now in Parliament assembled, claim, profess, and avow for the Truth, the sense of the Articles of Religion, which were established in Parliament, in the 13. year of our late Queen Elizabeth, which by the public Acts of the Church of England, and by the general and current Exposition of the Writers of our Church, have been delivered to us, as we erect the sense of the Articles of Religion, which were established in Parliament in the thirteenth year of our late Queen Elizabeth, which by the public Acts of the Church of England, and by the general and current Exposition of the Writers of our Church have been delivered to us, and we reject the sense of the Jesuits and Arminians, and all other wherein they differ from us. The House received an answer from his Majesty touching the Ships; which was, that he would consider of it, and send them word in due time.   

Friday the 30. of january.  
A Committee of the Lower House went to the King in the Privy Chamber with the Petition of the ●ast, and the Archbishop of York after he had made a short Speech, presented it to his Majesty in the name of both Houses.  

The Petition of both Houses for the Fast.  
Most Gracious Sovereign,  
It is the hearty and very earnest desire of us your most dutiful and loyal Subjects, the Lords Spiritual and Temporal, and Commons in this present Parliament assembled; that this our meeting be abundantly blessed with all happy success in the great and urgent affairs of Church and State, upon which we are to consult; and that by a clear understanding both of your Majesty's goodness to us, and of our ever faithful and loyal hearts to your Person and service (all fear and distractions, which are apparent signs of God's displeasure, and of ensuing mischief being removed, there may be this Session, and for ever be a perfect and most happy union and agreement between your Majesty and all the estates of your Realm; but humbly acknowledging that this nor any other blessing can be expected without the favour of Almighty God, upon the observation of the continued and increasing miseries of the reformed Churches abroad) whose cases with bleeding hearts we compassionate; as likewise of those punishments already inflicted, and which are likely in great measure to fall upon ourselves: We have just cause to conceive that the Divine Majesty is for our sins exceedingly offended with us.  
We do in these and all other pious respects, Most Dear Sovereign, humbly beseech your Majesty, that by your Royal commandment not only ourselves, but all the people of your Kingdoms, may be speedily enjoined upon some certain day by your Majesty prefixed, by public Fasting and Prayer, to seek reconciliation at the hands of Almignty God; so that the Prayers of your whole Kingdom joined with your Majesty's most Princely care, and the faithful and hearty endeavours of this great Council now assembled, may procure glory to Almighty God in the preservation of his true Religion, much honour to your Majesty, prosperity to your people, and comfort to all your Majesty's friends and Allies.   

The King's Answer to the Petition for the East.  
My Lords and Gentlemen,  
The chiefest motive of your Fast being the deplorable estate of the reformed Churches abroad is too true; and our duties are, so much as in us lieth, to give them all possible help; but certainly fight will do them much more good than fasting: though I do not wholly disallow of the latter; yet I must tell you, that the customs of Fasts every Session is but lately begun: And I confess I am not fully satisfied with the necessity of it at this time, yet to show you how smoothly I desire your business to go on, eschewing (as much as I can) Questions, or  
I do willingly grant your requests herein, but with this note, that I expect that shall not hereafter be brought into precedent for frequent Fasts, except upon great occasions: As for the form and time I will advise with my Lords the Bishops, and then send you a particular answer to both Houses.   

The Declaration of the Commons.  
Most Gracious Sovereign,  
We have within these three days received from your Majesty a message, putting us in mind of our present entering upon the present consideration of a grant of Tonnage and Poundage; but the manner of the possessing the House therewith being disagreeable to our orders and privileges, (so that we could not proceed therein; and finding ourselves in your Majesty's name pressed in that business, and that we should give precedency thereunto) we cannot but express some sense of sorrow, fearing lest the most hearty and forward affections, wherewith we desire to serve your Majesty, are not clearly represented unto you; besides, such is the solicitous care we have of preserving ourselves in your Majesty's most gracious and good opinion, that it cannot breed but much trouble in us; when ever we find ourselves (as now we are enforced, to spend that time in making our humble Apologies, from whence do usually arise long debates, which we conceive might be very profitably applied in the great services of your Majesty, and the Commonwealth, which we did with all humble diligence apply ourselves unto; and finding the extreme dangers wherewith our Religion is threatened, (clearly presenting themselves to our thoughts and considerations) we think we cannot (without impiety to God, disloyalty to your Majesty, and unthankfulness to those from whom we are put in trust) retard our proceed until something be done to secure us in this main point, we prefer our lives and all earthly things whatsoever: And here we do with all humble thankfulness acknowledge your most pious care and Princely intentions to suppress both Popery and Arminianism; The professor of the one being open enemies and maintainers of the others subtle and most dangerous undermyners of the Religion of Almighty God, established in your Realm and Dominions: The truth of which our holy Religion, or any part thereof, as being sufficiently known, and generally received here of all the members of our Church, except of some Schismatical persons, which have of late years taken the boldness to broach their contrary corrupt opinions, we desire should not be called into doubt or question; but howsoever it hath pleased your Majesty to our exceeding great comfort by many Testimonies to declare your own constant resolution to maintain the said Religion; yet how your gracious purposes are therein crossed, and into what a miserable condition your whole Kingdom is likely by that means to be reduced, we shall earnestly endeavour, as that which doth nearly concern the safety and prosperity of your Majesty and people in such sort disordered, that the ruin thereby threatened to both, may by God's blessings be prevented; being most hearty sorry that these occasions are offered, which did thus hinder our occasions in proceeding; and therefore aswell for the dignity and necessity of the matter, as for that we receive it to be a most-speedy and effectual way, by uniting our hearts and endeavours to dispatch all other businesses of importance; particularly those which may seem more immediately to respect your Majesty's profit: We pray that our resolutions of preferring this business before all other, may be acceptable to your Majesty: To whom both in the matter and the manner of our proceed, we desire to give all possible satisfaction.   

The King's Answer to the Declaration of the House of Commons the third of February: Ann. 1628.  
Gentlemen,  
This Answer being somewhat long, may by reason require some time to reply unto it, since as most of you cannot but judge, that this giveth no satisfaction, therefore I shall give you some short notes upon it; I cannot think that whereas you allege the Bill of Tonnage and Poundage was brought in against the privilege of your House, that you will offer to take so much privilege from every one of your members, as not to allow them the liberty to bring in any Bill whatsoever, although it be in your power (when it is brought in) to do with it what you think good. And I cannot imagine your coming together only by my power, and to treat of things that I propound unto you, can deny me that prerogative to commend or offer my Bill unto you; Though in this particular I must confess that this Bill was not to have been offered unto you in my name, as that member in your House can bear me witness. As for the cause of delay in my business, being Religion, here is none of you shall have a greater care for the true preservation of it then myself; which since it is confessed by your Answer, you must either think I want power (which cannot be) or that I am very ill counselled, if it be in so much danger as you affirm.  
Though I may say much of this point, I will say no more; but for all this I shall not stop my ears to you upon this subject, so that in form and matter you transgress not your limits: As for Tonnage and Poundage I do not so much desire it out of greediness of the thing, being persuaded you will make no great stop in it, when once you take it in hand, as out of desire to put an end to these questions that arise between Me and some of my Subjects, thinking it a strange thing if you should give ear to these complaints; and not to take the sure and speediest way to decide them. Besides, I must think it strange, that this business of Religion should be only a hinderer of my affairs; whereas I am certainly informed, all other things go according to their ordinary course; therefore I must still be instant with you, that you proceed with Tonnage and Poundage with all diligence, not looking to be derned in so just a desire: And you must not think it strange if I find you slack, I give you such farther quickening as I shall find cause.    

Tuesday the 3. of February. Anno 1628.  
Secretary Cook reported that himself and the rest of 〈◊〉 Committee attended his Majesty upon Monday: And he said, for my part I have used all diligence to 〈◊〉 all the commands of my Master, and of 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 Majesty, I said it much concerned him, and that his Majesty much desired it; but this was mistaken, as if his Majesty had commanded it, and I required it in his name, which I did not intent; but to avoid dispute, I said not this was an ordinary Revenue, but that this Tonnage and Poundage was a means to enable his Majesty to set his Fleet to Sea.  
After this Apology, he read his Majesty's Answer to the Petition of the Lower House.  Sir john Elliott. 
Master Speaker,  
I confess this hath given great satisfaction for our present desires, and future hopes; and however I find the misinterpretation of some, and the danger of our Religion, yet I find his Majesty's ears open; and that if those things be thus as we see, that then he is not rightly counselled; I am confident we shall render his Majesty an account of what he expects: But Sir, I apprehend a difference between his Majesty's expression, and the expression of his Ministers; For Sir, that Bill was tendered here in his Majesty's name, and now we find that 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 Majesty's name, to the prejudice and distraction of us all, I think him not worthy to sit in this House.  Master Speaker. 
This Honourable Person did explain himself, that he did not press it in his Majesty's name, but only commended it to your consideration.  Secretary Cook. 
I said, that in regard of the difference between his Majesty and his Subjects, my desire was to accommodate it.  Sir Humphrey May. 
If you be too quick to except against the Ministers of his Majesty that serves his household, it will discourage and stop our mouths, whose Service you daily commend.   

Wednesday the 4. of February. Anno 1628.  M. Kirton. 
The two Bishops named are the main and great Roots; Let us inquire what men they have preferred.  M. Coriton. 
The Declaration now read came from his Majesty, but it is by advise of his Ministers; and sure they have not advised the right way: That no dispute of Preaching must be one way or other, this is to suppress the truth; and yet the contrary professors of it are preferred in the Church, to the grief of all good men.  Sir Walter Earl. 
Montague is a principal disturber of the Church: He was a Bachelor of Divinity, I would know how he came to be a Bishop; two men are named in the last Remonstrance that are Privy Counselors, and it is very probable, that these Ecclesiastical Officers did give that advice to his Majesty.  Sir Humphrey May. 
I will let you know what I am privy unto; It is true, those two were named in the Remonstrance. This point was pressed before the King and his Council; The King doth utterly dislike those Novellours, than were these Bishops with tears in their eyes present, and protested, they hated those opinions and the Questions; and they renounced them upon their knees.  Sir james Parrot. 
It is said that these two Bishops were before the Council, and with tears did disclaim the opinions; but we see their facts: The Bishop of London, Doctor Land, did entertain for his Chaplain in his house, one that did dispute the Arminian points; who said, what Arminians hold and write, this I will maintain and justify upon my oath.  
It was ordered that the complaint against Master Montague should be taken into consideration, and that a Committee should make search after the pardon.  
A Petition was preferred against Cousins.  
Master Sherland made report from the Committee about the search for the Pardons; that they found Pardons sealed, one to Bishop Montague; one to Cousins, one to Doctor Mannering, and one to Doctor Sibthorpes.  Sir Robert Phillippes. 
If ever there came here business of like consequence, I have lost my memory; if ever King of England was abused in his mercy, it is our King; what persons are pardoned, the greatest enemies to the Church and State, that ever was standing under the judgement of Parliament, they are pardoned between Parliaments: If every man be not warned to search this into the bottom, I would we might never regard any thing: Ye see an offendor complained of, and in stead of punishment, Grace; the goodness of our King is thus abused: Let a select Committee consider of it, and let Master Attorney certify what is done, and by whom; and I hope we shall find those original Instruments who have misled his Majesty.  
It was ordered, that a sub-Committee should have power to send for the Records, and the Privy Seal, and other Instruments belonging to the Pardons, and to send for the parties; and also to send to Master Attorney about his knowledge, by whose signification the Pardons were obtained: which was done accordingly.  
Sir Robert Phillippes made report, that we went to Master Attorney, and found him in the Star-chamber, and acquainted him with the Message; He answered, that he received a command from his Majesty in the last long Vacation, presently after the end of the last Session, to draw a Pardon; and delaying it till Michaelmas Term, he said, that he met with the Bishop of Chichester, who intimated unto him his Majesty's favour, and requested him to draw his Pardon. Master Attorney said, he desired him to advise whither it would be any advantage to him or no: after he met with a great Lord, and a Privy Counsellor, (the Earl of Dorset) who asked him if the Pardon for the Bishop of Chichester were drawn, and desired him to dispatch it. After this he said, the Lord Carlton sent to him a warrant under the King's hand, to command him to draw the Pardon, which he did, and sent it to the Bishop of Winchester, who interlined it: And whereas the Pardon was but for one, he put in four; Montague, Cousins, Sibthorpe, Mannering.   

Thursday the 5. of February. Anno 1628.  
Secretary Cook brought the Kings Answer to the House, concerning the Fast; viz. That it was his Majesty's pleasure that the Fast should be kept by both Houses of Parliament on the eighteenth day of this instant February, and for the whole Kingdom the 20. of March.   

Friday the 6. of February. Anno 1628.  
One Witherington was petitioned against (who had formerly been examined before the Lords of the Council) for depraving our Religion, oftentimes calling the Protestants Heretics, wishing that an hundred of their throats were cut: And to one that was a Papist, and lately turned to our Religion, he said he would be hanged, and otherwise disgraced him. It was ordered that he should be sent for.  
The House being informed about two days ago, that a little before Cousins obtained his Pardon, he was accused to Master Attorney by two witnesses, for speaking words against the King, and sent to Master Attorney about it: Sir Robert Phillippes and others were appointed to examine this business: whereupon report was made to the House by Sir Robert Phillippes, as followeth.  Sir Robert Phillippes. 
My part is to give account about the affidavits against Cousins, and the diversion of the cause against him in the Star-chamber: Master Attorney said, that one Master Heath of Gray Inn came to him about Michaelmas Term, and affirmed that Cousins in a public meeting said, that the King had nothing to do to be Head of the Church, and that he had no more power to excommunicate, than his servant that rubbed his horses heels: the Attorney acquainted his Majesty with it, but his Majesty was not willing to believe that any man would dare say so much, but that the compliant did arise from malice; but he charged the Attorney to make a careful disquilition of it; and if it were strongly proved, that then he should repair to his Majesty: Master Attorney did again inquire after this business, and said to Master Heath, the matter is found and very improbable, there is some mistake in it; hereupon there were two Affidavits taken, and they did swear it point blank: Yet Master Attorney sent his Letters to Master Deane, and others that were present when the words were spoken, to require them to certify whether the words were spoken or no; upon that Certificate there was some variance about the words, and thereby the business was lessened; and being demanded if he had directions from any to desist, he said no: But casually he met with the Bishop of Winchester, and he told him of the complaint; The Bishop said, it will be nothing. For King (one of them that made the Affidavit) is but a baggage fellow.  Sir john Elliott. 
It was our honour and duty not to pass these things over too slightly; I find the King's Honour and his Right is in question, which we are all sworn to: If I mistake not, it is high Treason, and that proved upon oath, and presented to the Attorney. His Majesty was acquainted with it, who gave command to examine it, and the Attorney was to certify his Majesty. In ordinary Felonies the Law doth not allow oaths contrary to the proceed for the King; here against two Affidavits, a Letter and a Certificate must doth them all. The Attorney informed the Bishop of Winchester with it, who said, that he heard of such a complaint against jacke Cousins, but it was upon malice: Let the persons that made these affidavits be sent for, and let Master Attorney be sent for, to answer why he passed over the matter so slightly: Consider the person of the man in question, not only suspected, but charged as Arminians, and one that is obnoxious.  
It is ordered that the witnesses should be sent for.  
It was moved that Master Attorney should be sent for, but they made a question whether they could send for him or no, if he attended by Writ in the Lord's House; Thereupon it was ordered that intimation should be given him to be there on Monday next, to give in satisfaction to the House for his not proceeding against Cousins, having two Affidavits.   

Saturday the 7. of February. Anno 1628.  
Sir Dudley North informed the House that one Doctor Moor attending the Bishop of Winchester, upon an occasion the Bishop told him, that he had often heard him preach before King james, and that he used to preach against Popery, (which he said was well liked of then) but now you must not do so; whereupon the Doctor said, that if occasion did serve, he would not spare to do the like now; to whom the Bishop further replied, than the times were not the same, and therefore you must not.  
Sir Robert Phillippes said, by this you may guess; that this Bishop had a hand in setting up those Ceremonies in Durham, and that he bears good will towards them, labouring to make Durham and Winchester Synonymaes. This reflects upon his Majesty, as if his Majesty should not be pleased that men in their Preaching should refel and repel Popery.  Sir john Elliott. 
In this Lord is hatched and contracted all the danger, (we fear) for he hath procured those Pardons, which may be the author of those new opinions: And I doubt not, but that his Majesty being informed thereof, will leave him to the Justice of this House; and I hope those exhalations will not raise jealousies betwixt his Majesty and us: let the Doctor be sent for to justify it; which was ordered accordingly.   

Monday the 9 of February. Anno 1628.  
A Petition in complaint of the Postmasters Patent of London, which is referred to a Committee.  
Master Speaker delivered from Master Attorney a Narration in writing, of his proceed in Cousin's business.  
Sir john Elliott reported from the Committee, for examination of the Merchant's business; that the Committee finding Sheriff Acton in prevarications and contradictions in his exammation, which being conceived to be a contempt to this House desires, he may be sent for to answer his contempt.  
Master Goodwin saith, that the Sheriff acknowledgeth his error; and humbly desireth so much favour, that he may once again be called before the Committees, and if he give not full contentment by his answer, he will refer himself to the Wisdom and Justice of this House.  
Sir Walter Earl secondeth this motion, so did Alderman Moulson, Secretary Cook, Chancellor of the Dutony, and some others; but this abuse being declared to be so great and gross, and that he had so many times given him to recollect himself; and being so great an officer of so great a City, he had all the favour that might be, and yet rejected the same, and carried himself in a very scornful manner: wherefore it is ordered he shall be sent for to the House as a Delinquent to morrow morning.  
jones the Printer and his Counsel are called to argue the business of Master Montague's Episcopal confirmation.  
First, Quaere. Whether the Exceptions be legal.  
Secondly, Whether the confirmation be good.  
Thirdly, and the last, is the point now in hand: To which the House enjoined the Council to speak. The Council propounded a third Question; what will be the fruit or effect, if in Law, the Confirmation prove void: In this the Council said, it will not extend to make no Bishop upon the point of Confirmation only, which maketh him punishable, if he execute any thing concerning the Bishoprics.  
Sir Henry Martin saith, the Exception making voide the Confirmation, doth in Law work also upon the Election, and will make that void also.  
Doctor Steward saith, the point of setting to the Advocate's hand, is but a matter of form in the Court, no matter of Law.  
Sir Henry Martin saith, he will endeavour to give the House full satisfaction, and 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 Diocese, where the Bishop is to be elected, and the Dean and Chapter of that Diocese are to accept, and not every one that will. The Arguments are 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 Bishopric, if he deserve the same; I think therefore it were good to decline this dispute for the present, and to proceed to remove him, which is allowed of.   

Tuesday the 10. of February. Anno 1628.  
A Bill for ordering the government and Plantation of the Summer Islands.  
A Bill to restrain some abuses in Ministers and Magistrates.  
Master Rolls complaineth, that since his last complaint of the breach of the Liberties of this House, his Warehouse hath been locked up by one Massey a Pursuivant; and that yesterday he was called forth from the Committee in the Exchequer Chamber, but that since he received a Letter from Master Attorney, that it was a mistake, the Subpaena was read, but the Letter not suffered to be read.  Sir Robert Phillippes. 
You see we are made the subjects of scorn and contempt; I conceive this to be a Bone thrown by them, that have drawn a cloud on our Religion, to divert or interrupt us in the prosecution of them; I desire the Messenger may be sent for, and be examined by what procurement this Subpaena was taken forth; for if we find not forth those that throw these scorns upon us, it is in vain to sit here.  Master Chancellor of the Duchy. 
This proceedeth from some great error; for I will assure you, this never proceeded from King nor Council; I therefore desire it may be searched to the bottom, for be confident neither King nor State have cast in this as Bone.  M. Seldon. 
This is not to be reckoned an error; for questionless this is purposely to affront us, and our own Lenities is the cause of this.  
It is ordered that Shenington the messenger that served the Subpoena, be presently sent for; and to examine the same, and by whom the same was put in; and they have power to send for persons, or Records that may inform them: And also they shall have power to enjoin any, whom they shall think fit to attend the House at such time as they shall think meet.  
The privilege of the Merchants that are Plaintiffs here, may be taken into consideration by this Committee, concerning the information in the Star-chamber.  
Sheriff Acton called to the Bar as a delinquent, upon his knees saith, if he hath offended or erred, it is through want of memory and ignorance, for he intended not the least dislike or distaste to any member of this House.  
Master Long moved that he might be sent to the Tower.  Sir Francis Seymor. 
That he may be referred bacl to the Committee, to be examined; if then he deal not clearly, this House may proceed to further punishment.  M. Selden. 
I cannot remember when we did commit a Sheriff of London, but I remember when this House did commit both the Sheriffs of London to the Tower, for an abuse of less nature, only for countenancing a Sergeant in an Arrest on a member of Parliament, though they did acknowledge their faults at the Bar, (which this man hath not yet done) the Sergeant sent to little ease, the party at whose suit he was arrested was committed to the Fleet, and both the Sheriffs to the Tower.  M. Kirton. 
I came into this House with as good a will to this man, as any man; for I was spoken to, to stand for him, as I came in, and I promised to do what favour I could: But if he were my Brother, he should to the Tower.  M. Littleton. 
You see the affronts by Books, by Preaching, by Rumours, by being daily served with Process that are put upon us, that we are become but a mere scarecrow; the neglect of our duty is the cause of this: It is high time to remedy this; or it is in vain to sit here.  
The Sheriff is again called to the Bar on his knees, and is sentenced to the Tower.  Sir Benjamin Rudiardes. 
There are divers Recantations, and Submissions, and Sentences, remaining on Record in both Universities, against Arminianism, 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 Worstenholme Dawes, and Carmarthen, are to be at the Bar upon Friday.   

Wednesday the 11. of February. Anno 1628.  
M. Selden reported concerning the Process of the Merchants, that Master Attorney gave order for the Process, and that Master Attorney's man took for the same.  
For the Bill, it is a course by way of crime for those things which depend in Parliament, complained here by the Merchants: The Copy of the Bill brought in and read, That the Merchants did plot, practice, and combine against the peace of the Kingdom; This being conceived to be a business incident to Tonnage and Poundage, is ordered to be referred until to morrow morning.  M. Selden. 
That a report should be made to morrow of the complaints of the Merchants, and the Information in the Exchequer may also be brought; which was ordered.  
It is ordered, that in respect the Term ends to morrow, and the Assizes to follow, and divers members and Lawyers may be gone; it is ordered none shall go forth of Town, without leave of the House.  
It is ordered the Speakers letter to be sent for Sir Edward Cook.  At the Committee for Religion. 
M. Walter delivered a Petition of the Booksellers and Printers in complaint of the restraint of Books, written against Popery and Arminianism, and the contrary allowed of by the only means of the Bishop of London; and that divers of them have been Pursevanted for Printing of orthodox Books; and that the licensing of Books is now only restrained by the Bishop of London, and his Chaplains.  
One of the Printers said he tendered divers Books, one called The Golden Spur to the celestial Race; That Turner, one of the Bishop of London's Chaplains, said, that if he would put out the point, That a man may be certain of his Salvation, he would licence the same; notwithstanding he put out the same point, yet he could not get it licenced.  M. Selden. 
The refusing the licensing of Books is no crime, but the licensing of bad Books is a crime: There is no Law to prevent the printing of any Book in England, only a Decree in Star-chamber; therefore that a man should be fyned, imprisoned, and his goods taken from him, is a great Invasion on the liberty of the Subject, he moveth that a Law may be made upon this.  
This is referred to a select Committee to be examined.  
Master Shervile reported concerning the pardons that they have examined Doctor Sibthorpes, and Cousin's pardon: Sibthorpes solicited his own pardon, and said he would get the Bishop of Winchester to get the King's hand to it; It is evident that the Bishop of Winchester got the King's hand to Sibthorpes and Cousins pardons, and also Montague's pardon was promised by him. That Doctor Mannering solicited his own pardon, and the Bishop of Winchester got the King's hand to his pardon. It is likewise said, the Pardons were all drawn by Master Attorney, before there was any Warrant.  
Master Cromwell saith, he had by relation from one Doctor Beard, that Beard said, that Doctor Alabaster had preached flat Popery at Paul's Cross. The Bishop of Winchester commanded him, as he was his Diocessan, that he should preach nothing to the contrary.  
Sir Robert Phillippes saith, one Doctor Martial will relate as much, said to him by the Bishop of Winchester, as the Bishop said to Doctor Moor.  M. Kirton. 
That Doctor Martial and Doctor Beard may be sent for: That this Bishop, though he hath leapt thorough many Bishoprickes, yet he hath left Popery behind him.  
That Cousins 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 Cozeus and his Lord go hand in hand.  
Sir Miles Fleetwood saith, we are to give Montague his charge, and by his Books chargeth him with 

1. Schism in error of Doctrine.  
2. Faction in point of State.  
3. Matter of Aggravation.    
Sir Walter Earl (Qui color albus erat, nunc est contrarius albo;) saith, Doctor White hath sold his Orthodox books, and bought Jesuitical books: And Moor, that Bishop White may go arm in arm with Montague.  
Ordered a select Committee to be named to digest these things that have been already agitated, concerning the Innovation of our Religion, the cause of the Innovation, and the remedy.   

Thursday the 12. of February. Anno 1628.  
The Sheriff of London upon his submission, is released of his imprisonment in the Tower.  
Sir john Elliott made the report from the Committee, in the Examination of the complaints of the Merchants, and delivered in the Orders and Injunctions in the Exchequer.  
At a great Committee for Tonnage and Poundage, Master Shervile in the Chair.  
Master Walter delivered a Petition from Chambers. Fawkes, and Gilborne, in complaint of an Information against them in the Star-chamber, about Tonnage and Poundage; and that by restraint of their goods, they are like to be undone.  Sir john Elliott. 
The Merchants are not only kept from their goods by the Customers, but by a pretended Justice, in a Court of Justice (the Exchequer I conceive:) if the Judges of that Court had their understanding enlightened, they would reform the same, and the Merchants thereby suddenly come to their goods.  
Master Wansford conceiveth this a difficult way for us to go.  M. Coriton. 
Let it be done which way the House shall think fit: But I conceive it is fit the Merchants should have their goods. And 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 that can be more dishonourable unto him.  M. Strowde. 
That it may be voted that the Merchants may have their goods before we enter on the Bill.  Chancellor of the Duchy. 
I shall speak my opinion, because I know not whether I shall have liberty to speak, or you to hear any more: All the proceed of the King and his Ministers was to keep the Question safe, until this House should meet; and you shall find the proceed were legal: And thus much, not knowing whether I shall attain liberty to speak here again.  Master Treasurer. 
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 those few men should so unjustly disturb the government of the State, desires that there may be no interruption; but may proceed to settle the Tonnage, etc.  M. Corinton. 
I hope we shall speak here as we may speak in Heaven, and do our duties; and let no fear divert us.  M. Walter. 
It is not so few as five hundred Merchants are threatened in this.  
Sir Robert Phillippes moveth we may go to the King, and satisfy him of these interruptions.  M. Noye. 
We cannot safely give, unless we be in possession, and the proceed in the Exchequer nullified; and information in the Star-chamber, and the annexion to the Petition of Right, and other Records; I will not give any voice to this, unless these things be made void: For it will not be a gift, but a confirmation; neither will I give, unless these interruptions, and a Deciaration in the Bill, that the King hath no right, but by our free gift: If it will not be accepted as it is fit, we cannot help it; if it the Kings already, as by these Records, we need not give it.  
Master Selden secondeth the motion of fending a message to the Exchequer; declareth a precedent of a message sent into the Chancery for stay of proceed in a cause, and it was obtained; and what Answer soever the Judges return, it cannot prejudice us: The Law speaks by Record, and if those Records remain, it will to posterity explain the Law.  M. Littletor. 
For the Right, there is no Lawyer so ignorant to conceive it, nor any Judge of the Land to affirm; it is against giving to the King, or going on with the Bill: In this case a man cannot be put to a Petition of Right, but shall recover without Petition.  
Ordered a message shall be sent to the Court of the Exchequer: That whereas certain goods of the Merchants have been stayed by injunctions from that Court by false Affidavit; and that upon examination, the Customers that made the Affidavits, have confessed that the goods were stayed only for duties contained in the book of Rates; That therefore that Court would make void the Orders and Affidavits in this business.   

Friday the 13. of February. Anno 1628.  
A Petition against one Burges a Priest, who was here complained of the last Sessions, some new Articles against him, that he could not get a copy of his Articles out of the House, until he was feign to get one to counterfeit himself a Puritan to get the same, and other new misdemeanours.  
He is ordered to be sent for.  
Sir john Elliott moveth for Privilege of the Merchants.  
Order is, if any man have a complaint depending here, shall be privileged in his person, not freed from suits.  
A Committee is to consider what privilege is to be allowed any man that hath any cause depending here, in the mean time intimation shall be given to my Lord Keeper, that no Attachment shall go forth against the Merchants.  
The Chancellor of the Duchy reported the message to the Exchequer Court, That the Treasurer and the Barons will forthwith take the same into consideration, and return an answer.  
Ordered, that Master Secretary Cook shall take care, that intimation shall be given to the City about the Fast.  
Doctor Moor called in, saith, he was referred to the Bishop of Winchester to be censured for a Sermon preached by him; the Bishop, he had heard him preach, and deliver many pretty passages against the Papists, which pleased King james, but he must not do so now. That you have a Brother that preacheth against bowing at the holy name of Jesus, and of bowing to the high Altar; and that the Communion Tables stood as in Alehouses, but he would have them set as high Altars: Doctor Moor is to deliver these things in writing to morrow morning.  At the Committee for Religion. 
If we now speak not, we may for ever hold our peace; when besides the Queen's Mass there are two Masses daily in the Queen's Court, so that it is grown ordinary with the outfacing Jesuits, and common in discourse; will you go to Mass, or, have you been at Mass at Somerset house: There coming five hundred at a time from Mass.  
We desire it may be known by what authority the Jesuits lately in Newgate were released.  
M. Coriton doubts not but his Majesty's intention was good, in the Declaration lately published; but I conceive it will be made use of, only to our disadvantage: That therefore the Declaration may be taken into consideration.  
Sir Richard Gravenor reputes the proceed of this House against Popery the last Session, and what 〈◊〉 hath been therein.  Sir Richard Gravenor. 
Master Pymme, In this great business concerning Religion, and the staying of Execution of the Laws against Recusants, it will much conduce to our purpose and forward our Resolutions, to cast bacl our eyes to see what was done the last Session: You may remember that amongst many other businesses of weight, we took to heart the decay of Religion; we sought after the preservation thereof, and how to maintain it in its own purity: We found, that of late years it had been much wounded, by heartening of Papists, by conferring offices upon Recusants. We summoned our judgements, and employed our best cares and pains, for stopping the current of Popery, which by such means like a Deluge, came flowing upon us: And well did it befit the profit of this House to be so zealous for the prosperity of that which ought to be so dear to every good man's soul, and so precious in their eyes; and this we attempted by these and the like stops. First, by that religious Petition; wherein it pleased the Lords so readily to join with us. Secondly, by framing a Bill against Recusants, which passed both Houses, whereby his Majesty had been much enriched, better enabled to compass his due from them; and to avoid their deceits, defrauding him thereof. Thirdly, by informing him of the numbers and particulars; and by petitioning him to remove all Papists and Popishly affected from the Court, from places of Trust, from places of Power. Fourthly, by examining the dangers and inconveniences of those late Commissions, and instructions granted forth for the compounding with Recusants for their estates and forfeitures. Fiftly, by framing a charge to usher up Master Montague to the Lords, not to his seat amongst the Reverend society of Bishops, but to the Bar, as an offendor against that House, this and the whole Church of God.  
But what good hath this our zeal brought to Religion? what profit to the Church, we all know; and with thankfulness acknowledge, That his Majesty gave a most gracious and pious answer to our Petition of Religion; and to some particulars, as fully as we could desire; which raised our hopes to the expectation of much good, and some hath followed; for it is true (Master Speaker) that the promised Proclamation to command Judges, and other Ministers of Justice, to put the Laws in execution against Recusants, their Priests and Jesuits, is now extant; which yet seems to me to have been so long kept by some back-friends to Religion: and I am induced to think thus for these Reasons.  
My first Reason I draw from common fame, it being generally reported, that in stead of life and motion to the Laws in force against Recusants, the Judges had in charge before the last Circuit, to deal sparingly with them.  
My second Reason I draw from the time, when this Proclamation came forth, which was five weeks after the ending of the Sessions, when some of the Circuits were ended, or so near conclusion, that the Judges could take little or no notice thereof.  
And Thirdly, from consideration of a former Proclamation dated the 7. of july, which though that passed not the Seal, yet it did the Press; and in my poor opinion, would never have gone so fare, (knowing the resolution of Counsels to be more certain) had not some men hoped to have prevented the latter, by procuring the former as satisfaction, which falls fare short of his Majesty's pious intentions, expressed in that his religious Answer: And if with reverence I may speak my humble thoughts, they do both of them in conclusion too much encourage the worst of subjects to hope for his Majesty's best favour too fairly invite them to compound for their forfeitures; which course this House was bold to style little less than a Toleration. Again, is the course of Recusants as yet restrained from the Court? Nay, do they not since our Recess frequent it with more confidence and greater alacrity, do not their hopes daily increase, and themselves grow more insolent; their fears ended with the Sessions. Is the promised wrath as yet appointed to keep them from Ambassadors Houses. Had the Judges in charge to inform themselves in their last Circuits, and (after their return) his Majesty of all such Papists and Popishly affected, as they shall find to be in authority; I have not yet heard it, and to me those are all the known effects of that Religious Petition. Next take notice of the abortion of that necessary Bill against Recusants, which when we hoped would have received life and perfection by the Royal assent, perished in Embryo; suddenly vanished as being too cruel, too merciful: Consider what fruit we have reaped from that Petition and Information, whereby we let his Majesty know the particulars of such Papists and Popishly affected, as were in such Country, in Commission of the peace of lieutenancy, etc. Are any of them since remooved: Nay, it is well if their numbers be not increased. Oh Master Pymme, this breaks the heart; if God be God, let us follow him: And if Baal be God, let us follow him, and no longer halt between two opinions; for whilst we are thus careless in standing for God, that we dare scarce own our own Religion: Is it any marvel that God estrangeth himself, and will not own us? and by too woeful experience we have cause to suspect, since we find he goes not out with our Armies, since so ill success attends all our actions; We have not yet made our peace with God. And Master Pymme, to these griefs and discouragements, I find an addition of that nature, that threatens very ruin and desolation, if not dissolution of Religion in this Land, (unless God himself take his own cause into his own hand.) And that is the countenancing and preferring of a plotting, undermining, and dangerous sect of upstart Divines, when Arminians shall be graced & preferred before honester men, when such desperate Divines as have fired a part of Christendom, almost ruined our neighbours, kindled their firebrands, and cast their dangerous sparks abroad in our Church, shall be encouraged to go on in planting their damnable doctrines and positions which already have taken too deep footing, too fact rooting in our Universities, and many other parts of this Land: You remember Sir, what care and pains this House took (as a matter of great consequence) to frame a charge against Master Mouniague, which was ready with the first opportunity to have transmitted him to the Lords; but those many interruptions we had, gave breaking to that as to many other businesses of weight; yet was this man shortly after the ending of the Sessions, dignified with the sacred title of Bishop; and Bishop of the See, wherein his Predecessor (a Grave Divine, and Orthodox Prelate,) had laboured by his pen and directions, to strangle those errors, and to confute Master Montague, whose ready way to obtain a Bishopric, is to undermine Religion, and set the Church in a combustion. Another also of his own profession, little better than himself, I mean time-pleasing Mannering, hath also tasted extraordinary favour; This man attempted to make his holy function a means to seduce the King's conscience, to misguide his judgement, to does joint his affections from his people; to avert his mind from calling a Parliament. The particulars of his damnable doctrine are yet fresh in your memories: What could a man have done worse; for hereby he did as much as in him lay, violently to break in pieces that cord, to wrest in sunder that chain, which links, and ties, and unites the hearts and affections of the Prince & people together: verily he that shall go about thus to seduce or corrupt a Prince, deserves to be hated of all men; as much as those that attempt to poison a public spring or fountain, whereof all drink; for which offence of his he received a just, but moderate censures: one particular whereof was, that he should be disabled from holding any Ecclesiastical dignity in the Church. And although it be confessed that the Doctor justly brought upon himself the censure of Parliament, yet was this man after our rising released from his imprisonment, reported to have the honour to kiss the King's hand, obtained his Pardon in Folio, preferred to a rich Living; and if fame say true, cherished with assured hopes of future dignity in the Church: If these be steps to Church preferment, God be merciful to those Churches which shall fall under the government and feeding of such a Clergy. Thus, Master Pymme, you see the issue of our good endeavour vanished into smoke; what should be the reasons, I know not; But I may well gnesse, it comes by the like practices as were used in King james his time; for than had we the like gracious Answers to Petitions of Religion, the like Proclamations, the like Declarations, and like Commands to put Laws in execution against Recusants, and yet little done; being prevented by secret directions and commands of some eminent Ministers of State, which I am able to justify, by a letter under their hands, which I have now about me: And I wish that all such as have notice of any such private letters as have been sent for the stay of execution of those Laws, would give this House knowledge thereof.  Sir Robert Phillippes. 
If ever were a necessity of dealing plainly and freely, this is the time; there is an admission of Priests and Jesuits, as if it were in Spain or France: This increase of Papists, is by connivance of persons in Authority; Nine hundred and forty persons in houses of Religion, being English, Irish, and Scots, in the Netherlands, maintained by the Papists of England; And of this I shall deliver the particulars, that we may frame a Remonstrance to the King: That unless there be some better performance of his Majesties so many Answers to so many Petitions, our Religion will be past recovery.  M. Coriton. 
That those Papists by Laws, or Acts of State, may be removed from their offices; which we have just cause to suspect.  
Master Selden moveth things may be debated in order; and first for the releasing the Jesuits that were arraigned at Newgate, whereof one was condemned; they were ten in number which were Priests, who had a College here in London about Clarkenwell, and these men could not attempt these Acts of boldness, but that they have great countenancers.  Secretary Cook. 
That a Minister of State, which is said to be himself, having notice of these ten; and this College intended to be kept at Clarkenwell.  
That it is plain there was a place appointed for this College, and Orders and Relics prepared: This Minister made the King acquainted with it, and I should not do my duty; if I should not declare how much his Majesty disliked it: His Majesty refers it to the especial care of the Lords of the Council, who examined the same; sent these ten persons to Newgate, and gave order to Master Attorney to prosecute the Law against them.  
That this College was first at Edmonton, removed from thence to Camberwell, and thence to Clarkenwell.  
Ordered, that all the Knights and Burgesses of the House, shall to morrow morning declare their knowledge what Letters or other hindrances have been for the staying of proceed against Recusants.  M. Long. 
A Justice of Peace, who is said to understand much in the business of the College of Jesuits at Clarkenwell, is sent for and examined, saith he, by the appointment of Master Secretary Cook, apprehended those persons, and took their Examinations; and saith further, that he heard they were delivered out of Newgate, by order from Master Attorney. That Master Middlemore a general Solicitor for the Priests, hired this house for the Lord of Shrewsbury, a Papist; and that there are divers Books of Accounts, of Receipts, and Disbursements, to the value of three hundred pounds per annum, with divers Recusants names, who allowed towards the maintenance of this College: and these books and papers are in the hands of Master Secretary Cook.  
Secretary Cook saith, he cannot so amply declare the truth of the proceed herein, until that he have leave from his Majesty.  
One Cross a Pursuivant is to be examined in this, who likewise saith, he can discover divers stops of the execution of Laws against Recusants.   

Saturday the 14. of February. Anno 1628.  
A complaint against the Lord Lambert, a Baronet of Ireland, and a member of this House, who (being a Colonel of Soldiers in Middleborow) hath imposed 4 d. upon every Soldier towards his Officers charges, and the Petitioner for refusing to pay, was set in the stocks, and after by the Lord Lamberi commanded to a Prison.  
It is ordered that the Lord Lambert be sent for to answer this.  
Sir john Ipsley desireth leave to answer a complaint that is against him in the Lord's House.  M. Selden. 
That the use was, and citeth a precedent, that no Commoner could be called to the Lords House; but it will trench much to the disadvantage of the privilege of this House; and until 18. jacobi, there was never precedent to the contrary: that therefore this may be considered of by a select Committee.  
Ordered, that Sir john Ipsley shall not have leave.  
Master Chancellor of the Duchy stiffly secondeth the motion of Master Selden.  Master Secretary Cook. 
I am as careful to maintain a good correspondency with the Lords, as any man; but connivances in this kind may overthrow the fundamental Rights and Liberties of this House: Let it be therefore seriously considered of, for this not only concerneth the Right of this House, but the Liberty of the whole Kingdom or Commonwealth.  
Ordered a special select Committee shall be appointed to consider of this.  
Master Chancellor of the Duchy delivereth an answer from the Barons of the Exchequer, as followeth.  
Whereas the Honourable House of Commons, by order this twelfth of this instant February, have appointed that notice should be given to the Lord Treasurer, Chancellor, and Barons of the Exchequer, for a Declaration made by Sir john Wolstenholme, Abraham Dawes, and Richard Carmarden, then in the said House of Commons, of the goods that the Merchants brought into the King's Storehouse, and laid up there for his Majesty's use, were detained only as they conceive for the duty of Tonnage and Poundage; and other sums comprised in the books of Rates, which notice was given, to the end the said Court of Exchequer might further proceed therein, as to Justice should appertain. Now the Lord Treasurer, Chancellor, and Barons, out of their due respect to that Honourable House; and for their satisfaction do signify, that by the orders and injunctions of the said Court of Exchequer, they did not determine, nor any ways trench upon the right of Tonnage and Poundage; and so they did declare openly in Court at the making of these orders: Neither did they by the said Orders or Injunctions, bar the owners of those goods, to sue for the same in a lawful course. But whereas the said owners endeavoured to take those goods out of the King's actual possession, by Writs or Plaints of Replevin, which was no lawful Action; or course in the King's case, nor agreeable to his Regal prerogative: Therefore the said Court of Exchequer, being the Court for ordering the King's Revenue, did by those Orders and Injunctions stay those suits; and did fully declare by the said Orders, that the owners if they conceived themselves wronged, might take such remedy as the Law alloweth.  


Richard Weston.  
john Waller.  
Thomas Trevers.  
Lo: Newburgh.  
john Denham.  
George Vernon.    M. Kirton. 
We looked for satisfaction, but now you see a justification of their Actions; I therefore desire we may now proceed to consider of their proceed, and whether ever the Court of Exchequer held this course before the staying of Replevies; and whether this hath been done by the Regal prerogative of the King in his Court of Exchequer.  
Ordered, that a select Committee of Lawyers and Chequer-men shall take this into hand.  M. Selder. 
We have delayed the proceed with the Customers expecting some good success from the Exchequer; but finding it otherwise, I desire the Customers may be called to the Bar on Monday next, which is ordered at the Committee of Religion.  
Sir Thomas Hobby reported from the Committee (for the Examination of the Keeper and Clerk of Newgate concerning the Priests, there being a Warrant under Master Attorney's hand for the delivery of these persons.  
A Warrant under the Lord Chief Justice's hand, according to a Letter which he received from the Lord of Dorset, signifying it was his Majesty's pleasure, that the Priests condemned should be reprieved. Another Warrant under Master Attorney's hand, in the King's name, to release the nine other persons.  
The Petition of the Lords to his Majesty: Presented at White-Hall the 24. of February. 1628.  
In all humility showeth unto your most Excellent Majesty, your ever loyal Subjects, the Lords Spiritual and Temporal, now in Parliament assembled; That whereas the Peers and Nobilities of this your Realm of England, have heretofore used in courtesy to afford precedency, according to their several degrees, unto such of the Nobility of Scotland and Ireland; and being in title of Honour above them, have upon occasion resorted hither; and remaining here in your Majesty's service, which we are most willing should be still observed, as a Civility tending to the great honour of our Nation.  
Now divers of your natural born Subjects of this Kingdom, where both themselves and their families do reside, and have their chiefest estates and possessions amongst us; having of late been created some Barons, some Viscounts, and some Earls, within these your Kingdoms of Scotland and Ireland, do by reason claim as of right to take place, and have precedency of the Peers and Nobility of England, and their children within this Realm, which we do conceive doth not belong unto them by any grant from your Majesty; and tends both to the disservice and prejudice of your Majesty and your Realm, and to the great disparagement of your English Nobility, as by the Reasons hereunto annexed doth appear.  
We therefore beseech your most Excellent Majesty, of whose tender care to preserve the ancient honour and dignity of your Nobility we are throughly persuaded, that your Majesty's wisdom and goodness will be pleased according to the examples of the best Princes and times upon the considerations of the manifold inconveniences, which practice and observation hath brought to light, being represented to your Majesty by the nearest body of honour unto you, and neareliest concerned in this, and offered with as much faith and humility as they can devise, for the avoiding of all debate and contention; which upon this occasion may arise, either for the present or future; that some such course and order may be timely settled therein by your Princely wisdom, and that thereby the inconveniences of your Majesty's service might be prevented; and that the prejudice and disparagement of your Peers and Nobility of this Kingdom may be redressed.  
Reasons delivered to the King upon the Petition the 17. of February. Anno 1628.  
We held it to be new and not warranted by any ancient precedents, that subjects of this Kingdom, whose habitations, estates, and possessions, are principally within this your Majesty's Realm, should have titles of honour in other Kingdoms, where they have small or no estates of abode: That it may be the cause of great discontentments to your Majesty's subjects in Ireland, that such a number of those, who have no estate to oblige them to the defence of that Kingdom, should have voices in Parliament there to make Laws: As also that may be of great danger to the Country, if times of hazard should come; which weighty consideration hath wrought so fare with your Royal Predecessors, and the whole State, as an Act of Parliament was passed, which took away great estates of land in reland, from some of the no blessed Families of this Kingdom, only in contemplation of their want of Residency: whereupon their lands might endanger the loss of that Kingdom.  
That it is of great disservice to your Majesty and this Country, that those which live amongst us should by foreign titles seek to exempt themselves from those services of trust and charge, which others, as of good birth and estate here undergo daily; whereby it happeneth that either persons of good quality are more frequently burdened, or the charge falls upon them of meaner condition and less ability, not without prejudice of the service and discontentment of the subject that undergo it; as also of loss to your Majesty, and grief to your subjects, in those places where the honour is given; that although they draw from your Majesty's coffers, creations and money, yet they do not help or assist them to any necessary charge or contribution.  
That it is conceived to be contrary to the fundamental Laws of this Kingdom, that any should be invested with an hereditary honour, where he hath not an estate, both to oblige him and his, to the defence of that Kingdom; and make himself by that responsible to the Justice of that place, where his person is privileged, and of great grief to your faithful Nobility of this Realm; who have yielded to no Nation in Civility, but in courtesy to strangers.  
That they should be disturbed in those ranks and degrees which the grace of Princes grounded upon merits, long time have settled them in, by others of their own Nation of meaner quality, in whom little cause appears, but ambition to precede others without ground of merit, or estate to warrant it, in those places where they have sought Titles, it being a great diminution to your Nobility and their children, and the ancient Gentry of this Kingdom.  
That Honour, both in the nature itself and practise of former times, being achieved principally by virtue and desert, and it being one of the chiefest marks by which the best of Princes make impressions thereof, and descend hereditarily in the most deserving Families, which was by generous spirits esteemed above all other rewards; We leave unto your Majesty's prudent consideration, of how great inconveniency it is, to alter or lessen the value of the reward, which was of so much honour and no charge to your Majesty, and of so great contentment and ease to your Majesty's people, which may be demonstrated in many particulars, too long now to rehearse.  
Further, we hold it no small degree derogatory, to the very foundation of Nobility itself, which is the step and circle that compasseth your Royal Throne; that those who bear a Title and claim a precedency before many of us, should fall so low in the people's eyes and esteem, as to be daily subject to Arrests of their persons and all other circumstances of disrespects, which your meanest subjects undergo, being in the eye of the Law but Commoners.  
To conclude, this our cause of grief, being (in our opinion) the practice of it new, and unusual in the consequence of it, not without danger and discontentment to your Realm and subjects of all degrees, in the nature of it, contrary to the foundation of the grounds of Honour laid in this Kingdom, and in the whole course of it breeding ill effects to the service of your Majesty, and the public, and dis-value and contempt to Nobility itself, which is the degree interposed immediately betwixt your Majesty and your people: We can not where so justly appeal as to your Majesty (the fountain of Honour) for a timely remedy, against this great and growing inconvenience, both for the present and future. And as your Majesty's Honour is equally discerned in this, with the interest of your Kingdoms and Subjects; so we doubt not but it shall appear to the world, that your Majesty's gracious care to reduce and maintain your Nobility in their ancient lustre, shall equally tend to your Majesty's service and happiness, and to our contentment.  Sir Nathaniel Rich. 
I am confident the grace of the King hath been abused in this, that therefore the Privy Counselors of the House may know whether it was his Majesty's direction.  
It is moved that Secretary Cook must first declare his knowledge in this.  
One Cross gave intimation, first of the persons to the Secretary, Super totam materiam; It is evident that the College at Clarkenwell is a College of Jesuits, holden under a foreign supreme head.  
Sir Francis Seymor taxeth Master Attorney's affection and judgement in this, and also declareth continual Letters from Master Attorney, in stay of proceed against Recusants: You see in this House how slightly Master Attorney hath put over a business of this weight.  M. Long. 
Cross the Pursuivant saith, there were eleven men in the Prison, and the Keeper of that Prison saith, they were delivered by Warrant from the Council board.  Sir john Elliott. 
No man could find a way on which to vent mischief against the Church and State, so much as by protecting these men; that this may be fixed on that great Lord, the Lord of Dorset, that hath I fear soiled his fingers too fare in this business: And on Master Attorney, at whom I am sorry to nominate so often in this case of Religion, in stopping of proceed against Recusants.  
Master Recorder is ordered to be sent unto, to be examined in this, rather than to be sent for; having formerly had the honour to sit in the Chair.  
Secretary Cook saith, we shall desire the King (being merciful in case of blood) to give direction for the reprieving the condemned Priests.  Sir john Elliott. 
I doubt not but when we shall declare the depth of this to his Majesty, but he will render them judgement that gave him advice herein.  Sir Nathaniel Rich. 
These Jesuits are bound by sureties to answer further at Council Board, I wish those bonds may produce those men, that by the examination of them, we might out with the whole pack of Benefactors and Countenancers.  
Master Long saith, that he offering at the Sessions the evidence by order from Master 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 themselves.  
Master Selden saith, he was present at the Sessions, and plain Treason proved, and nothing done in it: The further examination of this is referred to a select Committee.   

Monday the 16. of February. Anno 1628.  
A Petition of complaint against Sir Henry Martin, for the taking the goods of one Browne, who died intestate, to his own private use.  Sir Henry Martin. 
If I prove not myself as clear in this as Saint john Baptist, let me be accounted a Jew.  
Referred to the Committee for course of Justice.  At the Committee for Religion. Master Strowde. 
That the Lord Chief Justice may be called to give account of his stay of Justice in the execution of the condemned Jesuit, which he ought to have done, though his Majesty signified his pleasure to the contrary.  Chancellor of the Duchy. 
That this was a thing so ordinary for a Chief Justice to do in Queen Elizabeth and King james their time, as also a Declaration in Star-chamber, that all condemned Priests should be sent to the Castle at Wisbitch, and from thence, though the King had given no order for the Replevy, he might have taken this Warrant for his proceed.  
Master Selden reported from the Committee the further examination of Master Long, concerning the proceed of Newgate against the Jesuits; whereby it plainly appeareth, that the evidence tendered in Court at Newgate did plainly testify these men to be Priests; yet the Lord Richardson did reject the same, against the sentence of the rest of the Judges and Justices present; whereby it is plain, that he dealt under hand to the same Jesuits.  
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 King's Bench, the Chief Justice of the Common Pleas, Justice Whittlocke, Justice jones, and Justice Crook.   

Thursday the 17. of February. Anno 1628.  
Master Chambers preferred another Petition in complaint of a Warrant, newly proceeding from the Council Board, for the stay of the Merchant's goods, unless they pay the duties that were due in King james his time.  Sir john Elliott. 
You see as by the last answer from the Exchequer, the Merchants were bound within that Court from all means of coming by their own goods.  
It is ordered the Customers shall attend the House on Thursday; in the mean time it is referred to the former Committee.  
Ordered a Committee of six to take all the names of the Fast, and to meet at Church by eight of the clock in the morning.  
Ordered, that a Committee shall consider of the speediest way to put the Merchants into possession of their goods, without which it is conceived we sit here in vain.  
Sir Thomas Hobby reported from the Lord Chief Justice Hid, That he doth not remember any papers tendered, by Master Long were rejected, or that he affirmed they were dangerous persons, and a College of Jesuits: But howsoever Master Long tendered nothing to prove them so, but that he held divers papers in his hands.  
Master Wansford reported from the Lord Chief Justice Richardson, who said Master Long did discourse of the place and House, but did not press the rending of the papers; neither doth he know what were in the papers; neither knew of any thing to prove the persons Jesuits.  
Sir Thomas Barrington delivereth the answer of Justice jones, who saith, there were some papers offered by Master Long, but he knew not the contents thereof, nor the reason why they were refused; but he came late for want of health, and the second day was not there at all.  
Sir Miles Fleetwood delivereth the Answer of Justice Whitlocke, who said, he came late, and therefore understood not the business, and the second day was not there at all.  
The like was reported by Sir William Constable from Justice Crook.  
Sir Thomas Barrington saith, although Justice jones did not write the name of the Lord Chief Justice, 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 Nathaniel Rich. 
Here is a charge of high nature on the Judges by Master Long; that now Master Long may make his charge, or suffer for it; for there were witnesses enough in the Court.  
Ordered Master Long to be here on Thursday morning.  
Ordered, that the Justices about the Town shall be required to deliver in all the names of the Recusants remaining about the Town, and their conditions; and of what County they be.  
It is ordered that the Gentlemen of the Inns of Court and Chancery, shall give in their knowledge what Recusants are there.  Sir john Stanhope. 
That the Court may give in the names of the Recusants there, and likewise by what Warrant they be about the Town, and what public charge of office any of these persons have. Also what Priests and Jesuits are in any Prison in London for they are at liberty to go sometimes five miles to a Mass.   

Wednesday the 18. of February. Anno 1628.  
A public fast was kept by this House at Westminster, where were three Sermons.   

Thursday the 19 of February. Anno 1628.  Master Dawes. 
One of the Customers called in to answer the point of Privilege, in taking Master Rolls goods, being a member of this House; saith, he took Master Rolls goods by virtue of a Commission under the great Seal; and other Warrants remaining in the hands of Sir john Elliott, that he knew Master Rolls demanded his Privilege, but he did understand his Privilege did only extend to his person, not to his goods: Master Dawes further saith, he took those goods for such duties as were due in the time of King james, and that the King sent for him on Sunday last, and commanded him to make no other answer.  M. Carmarthen. 
Another Customer called, saith, he knew Master Rolls to be a Parliament man; and that he did not find any Parliament man exempted in their Commission; and if all the body of the House were in him, he would not deliver the goods; If he said he would not, it was because he could not.  
Master Wansford moveth that the delinquency of these men may be declined for the present, and that we may go to the King by way of Remonstrance; considering the matter from whence this doth arise: if it were a single Privilege, it were easily determined.  M. Selden. 
If there be any near the King that do mispresent our Actions, let the curse light upon them, not upon us; and believe, it is high time to right ourselves; and until we vindicate ourselves in this, it will be in vain to sit here.  
Sir Nathaniel Richardo moveth not to proceed in this, until it be by a select Committee considered; in respect the King himself gave order to stay those goods, though the goods of a Parliament man.  Sir john Elliott. 
The heart blood of the liberty of the Commonwealth receiveth life from the Privilege of this House.  
Resolved by Question, that this shall be presently raken into consideration; and being conceived to be a business of great consequence;  
It is ordered, that the House shall be dissolved into a Committee for more freedom of debate.  
Master Herbert in the Chair of this Committee.   

Friday the 20. of February. Anno 1628.  
A Petition of complaint of Conspiracy of a man's life by the Lord Deputy of Ireland and others, to get the estate of the Petitioner to their own use: Which is referred to the Committee for course of Justice.  Sir john Wolstenholme 
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 sought not to farm the Customs, and told the King, being sent for to him, that he was not willing to deal therein, until the Parliament had granted the same.  
Master Selden conceiveth the case of these Customers, do differ in the degrees of their offences: First, for Master Wolstenholme; what ever he saith here, he hath often confessed, the goods were taken for Tonnage and Poundage; so that he broke the Privilege in taking the goods: so likewise in swearing one thing, and the contrary plainly appearing upon proof, and his own confession.  
Master Dawes his case differeth only in that Sir john Wolstenholme is a Patternee, and Daws only a Share.  
Master Carmarthens case differeth in saying, If all the Parliament were in him, he would not deliver his goods.  
Ordered, that Wolstenholmes case shall be first decided; and the point is, Whether by the Leaf Sir john Wolstenholme, having seized the goods, hath interest or no? or whether he be only an accountant to the King or not.  Master Glanvile. 
Here is a sum of money advanced, a Leaf granted for certain years, a certain Rent received; and though there be a Covenant to these men, that if there be loss, it shall be abated, yet that cannot take away their interest: the substance of the Affidavit made by the Customers in the Exchequer, is, That the goods of the Merchants seized by them, and remaining in the King's Storehouse; were seized only for duties to the King, mentioned in a Commission made under the King's Signet; and that themselves (the Customers) had no interest, nor pretence of interest.   

Saturday the 21. of February. Anno 1628.  
A Petition by Master Thomas Symons, in further complaint of the Customers; and the two shillings six pence upon Currents granted to the Lord of Arundel, which is referred to the Committee for Merchants.  
Sir Robert Pie saith, the Lord of Arundel hath delivered in his Patent to the King two months since.  At the Committee for Merchants. 
Master Littleton argueth, whether a Member of the House hath his goods privileged upon a Prorogation, being seized for the King.  
All Privilege is allowed for the benefit of the Commonwealth, and the Parliament privilege is above any other; and the Parliament only can decide privilege of Parliament: not any other Judge or Court. That a man may not distrain for Rent in Parliament time, but for all Arrearages after the Parliament he may distrain: He is not to be impleaded in any action Personal, nor his goods seized in the Exchequer.  
A Record and Act of Parliament by Petition, that because a servant of a Member of Parliament is in the King's Royal protection, that it might be high Treason to kill a Parliament man, and the King answered which made it a Law. And for the Judges to determine Privilege of Parliament, were to super-head and make void the Law; for the Prorogation, the Privilege stands good until the day of Prorogation; notwithstanding a Proclamation of new Prorogation: That the King is never so high in point of State as in the Parliament; citeth the case of Sir Robert Howard in the High Commission.  
All Privileges, unless in Felony, Treason, or breach of the Peace.  Sir Robert Phillippes. 
That you see how fast the Prerogative of the King doth trench upon the liberty of the Subject, and how hardly recovered: Citeth many Precedents, wherein the goods of a Member of Parliament were privileged from seizure in the Exchequer the 19 Eliz. It was resolved in Parliament, that twenty days before, and twenty days after, was the time of Privilege.  Chancellor of the Duchy. 
That in this debate we may tie ourselves to point of Law and Authority, not to points of Reason; and conceiveth that no Privilege lieth against the King in point of his duties.  Sir Francis Seymor. 
I desire it may be debated, whether this care doth concern the King or no; for I conceive these Customers have not made good that there was any Right, only Art used to entitle the King: I conceive it an high offence for any man to lay the scandal of every project upon the King.  Master Glanvile. 
Here is a cunning Affidavit in the Exchequer to entitle the King: A mere cunning project, and an offence of an high nature, to shelter their projects under the command of the Crown.  Secretary Cook. 
The point in question is not the Right of the Subject, but the Right of the Parliament Privilege; and that in the case of Master Rolls: and this is only now in question.  Sir john Strangwage. 
I know no reason why we should draw a question upon ourselves, which we need not; especially between the King and us: I conceive it plain, those Customers took those goods in their own Right, not in the Kings; in this the Privilege is plainly broken, wherein it is easily determined.  Master Banks. 
In this case there is no interposing of the Kings Right, and the King this Parliament hath declared as much; that the Courts of Westminster do grant twelve day's privilege to any man to inform his Council, much more the Courts of Parliament are to have their privilege: The King's command cannot extend to authorise any man to break the Privilege; no more than it will warrant an entry upon any man's Land, without process of Law.  Master Solicitor. 
If the King have no Right, how can he make a Leaf; then this pretended interest of the Customers must be void: and therefore their goods must be taken not in their own Right, but in the Right of the King.  M. Selden. 
If there were any Right, the pretended Right is in the Subject. 

1. Whether Privilege in goods.  
2. Whether the Right were in the Customer only.  
3. Whether Privilege against the King.    
If the Lords have no Privilege of Parliament for their goods, they have then no Privilege at all; for they are privileged in their persons out of Parliament.  
For the point of Interest it is plain, for no kind of Covenant can alter Interest; and questionless had the case in the Exchequer appeared to the Barons, as it doth to us; they would never have proceeded as they did: if our goods may be seized into the Exchequer, be it right or wrong; we had then as good have nothing.  Sir Nathaniel Rich. 
It was recorded the last Session in the Lord's House, and citeth other Precedents in this House, that a servant of a member of Parliament, aught to have privilege in his goods; decided by Question, that a Parliament man ought to have privilege of his goods.  
Master Noye saith, that these Customers had neither Commission nor command to seize; therefore without doubt we may proceed safely to other Questions, that the Privilege is broken by the Customers, without any relation to any Commission or command of the King.  
Secretary Cook saith, it is in the Commission to seize; but the Commission being read, it is not found to be there.  
Chancellor of the Duchy saith, Master Dawes mentioned, that he seized those by virtue of a Commission; and other Warrants remaining in the hands of Sir john Elliott: that therefore these Warrants may be seen, whether there be not command to seize the goods.  Sir Nathaniel Rich. 
This day's debate much rejoiceth me, especially the motion made by Master Noye; whereby it is plain, we have a way open to go to the Question, (without relation to the King's Commission or command,) and desires it, in respect there appears nothing before us that doth encumber the Question.  
Chancellor of the Duchy again desires these Warrants may be looked into, before we proceed to the Question.  M. Kirtor. 
Because this Honourable Gentleman presseth this so fare, let it appear with what judgement this House hath proceeded.  M. Glanvile. 
I consent these Warrants be sent for and read; but withal, if any thing arise that may produce any thing of ill consequence, let it be considered from whence it comes: The Privy Counselors are contented with this motion.  
The Warrants being sent for and read, it is plain, there is no Warrant to seize.  M. Kirton. 
If now there be any thing of doubt, I desire those Honourable persons to make their objections.  Chancellor of the Duchy. 
I rejoice when I can go to the Court, able to justify your proceed; I confess I see nothing now, but that we may easily proceed to the Question.  
Master Secretary Cook saith as much: Master Hawkewell argueth against Privilege in time of Prorogation.  
Master Noye saith, he had no doubt, but Privilege was in force in time of Prorogation, until he heard this Argument of Master Hawkwell, and saith he hath heard nothing from him yet that doth alter his opinion; and citeth a Precedent: wherein the Lords House hath this very Prorogation adjudged the Privilege.  
Master Hackwell saith, he is glad to hear it so; and he is now of the same opinion.  
Decided by Question, that Master Rolls ought to have Privilege of Parliament for his goods seized, 30. of October, 35. jacobi, and all since.  
This Committee is adjourned until Monday, and the Customers are to attend.   

Monday the 23. of February. Anno 1628.  Sir Humphrey May. 
I will never cease to give you the best advice I can: We all agree, A word is given, We have wine and oil before us: If you go to punish Delinquents, there is vinegar in the wound; think of some course to have restitution.  Sir john Elliott. 
The Question is, whether we shall go to the restitution, or to the point of delinquency of breach of Parliament, and other fears: I meet with this both here and elsewhere, take heed you fall not upon a rock; I am confident that this will be some what difficult, were it not for the justice and goodness of the King: when we do that which is just, let there be no fear or memory of breaches, and let us now go to the delinquency of these men, and that is the way to procure satisfaction.  Secretary Cook. 
We laboured the last day to bring us to our end; and now we fall to this issue, to proceed to the delinquency of these men: our ground is, because they have no command from his Majesty; I must speak plain English, his Majesty took notice of our labour last Saturday, to sever the Act of the Customers from his Majesty's command. His Majesty commanded me to tell you, that it concerns him in a high degree of Justice and Honour, that truth be not concealed; which is, what they did was his own direct order, and command of the Council Board, himself being present: and therefore he will not have it divided from his Act.  
Report was made from the Grand Committee, that they took into their consideration the violation of the liberty of the House by the Customers, and at last they resolved that a Member of the House ought to have privilege of person and goods; and the command of his Majesty is so great, that they leave it to the House.  
Secretary Cook reported a message and command from his Majesty, and said, that howsoever the House laboured to sever the King's interest, His Majesty thinks that this distinction will not clear his Honour, and he will not be drawn to do that that may touch him; though others may make distinctions.  Sir Robert Phillippes. 
I had rather pray to God to direct us, then give any direction: Now the King's Honour, Justice; and Government are presented to us, and also the essential liberty of this House; and are we now fit for a debate? In the greatest retirement our best thoughts are summoned to resolve what to do.  
Hereupon the House was adjourned till Wednesday next.  
On Wednesday the 25. of February, 1628. both Houses by his Majesty's command, were adjourned till Monday morning next.   

Monday the second day of March, Sir John Elliott made a Speech as followeth.  
God knows that I now speak with all duty to the King: It is true, the misfortunes we suffer are many. We know what discoveries have been made; how Arminianism creeps and undermines, and how Popery comes upon us: they mask not in strange disguises, but expose themselves to the view of the world. In search of these we have fixed our eyes, not simply on the Actors, the Jesuits and Priests, but on their Masters; those that are in authority: thence it is we suffer, the fear of them makes these interruptions.  
You have some Prelates that are their Abettors: That great Bishop of Winchester, we know what he hath done to favour them: The fear extends to some others that contract a fear of being discovered; and they draw from thence this jealousy: That is, the Lord Treasurer, a man in whose person all evil is contracted; I find him Acting and Building on those grounds, laid by his Master the great Duke; and his spirit is moving for this interruption: and for this they break Parliaments, least Parliaments should break them. I find him the head of all that great party; the Priests and all the Jesuits derive from him their shelter and protection: He dismays our Merchants, and he it is that invites Strangers to come in to drive Trade, to serve their own ends.  
Thus was put to Question, but Master Speaker refused to do it; and said he was otherwise commanded by the King.  
Whereupon Master Selden speak as followeth.  
You Master Speaker say, you dare not put the Question which we commanded you; if you will not put it, we must sit still; and so we shall never be able to do any thing: they that come after you may say, they have the Kings command not to do it. We sit here by the command of the King, under the great Seal; and for you, you are by his Majesty sitting in his Royal Chair, before both Houses appointed our Speaker, and you now refuse to be our Speaker.  
The Protestation of the Commons in Parliament.  
1. 
eliot. Hollis.  Whosoever shall bring in an Innovation in Religion, or by favour or countenance seek to extend or introduce Popery, or Arminianism, or other opinions disagreeing from the true and orthodox Church, shall be reputed a capital enemy to this Kingdom and Commonwealth.  
2. Whosoever shall counsel or advise the taking and levying of the Subsidies of Tonnage and Poundage, not being granted by Parliament; or shall be an Actor or Instrument therein, shall likewise be reputed an Innovator in the government, and a capital enemy to this Kingdom and Commonwealth.  
3. If any Merchant or person whatsoever, shall voluntarily yield or pay the said Subsidies of Tonnage and Poundage, not being granted by Parliament; he shall likewise be reputed a betrayer of the liberties of England, and an enemy to the same.  
Thereupon the House was dissolved by Proclamation.  
The King's Speech upon Thesday the tenth-day of March. 1628.  
My Lords,  
I never came here upon so unpleasing an occasion, being for the dissolving of a Parliament; therefore many may wonder why I did not choose to do this by Commission: It being the general Maxim of Kings, to lay harsh commands by their Ministers, themselves only executing pleasing things: but considering that Justice is aswell in commending and rewarding of virtue, as in punishing of vice; I thought it necessary to come here to day, to declare to you my Lords, and all the world, that it was only the disobedient carriage of the Lower House that hath caused this dissolution at this time; and that you may Lords are so fare from being causers thereof, that I have as much comfort in your obedience, and by all your carriage towards me, as I have cause to distaste their proceed: Yet that I may be clearly understood, I must needs say that they do mistake me wondrously, that think that I lay this fault equally upon all the Lower House; for I know there are many there, as dutiful loyal subjects, as any are in the world; for I know it was only some Vipers amongst them that did cast this mist of disobedience before their eyes; although there were some there that could not be infected with this contagion, insomuch that some by their speaking (which indeed was the general fault) on the last day of the Parliament, did show their obedience.  
To conclude, my Lords, all those ill affected persons must look to have their reward: so you that are here of the Higher House, may justly claim from me that protection and favour, that a good King bears to his faithful and loyal Nobility.  
Now my Lord execute that I command you.  The Lord Keeper. 
My Lords and Gentlemen of the House of Commons, His Majesty doth dissolve this Parliament.  
FINIS.