peared 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 as good have none.' Sir N. Rich said, 'It was recorded, the last session in the lords house; and he cited other precedents in this house, that the servant of a member of parliament ought to have privilege in his goods: the question being thus decided, certainly a parliament-man ought to have privilege in his goods.' Mr. Noy saith, That these customers had neither commission nor command to seize; therefore, without doubt, we may proceed safely to the other question, that the privilege is broken by the customers, without relation to any commission or command of the king.' Mr. Secretary Cooke saith, That it is in the commission to seize."- -But the commission being read, it was not found to be there. Sir H. May saith, Mr. Daws mentioned that he seized these goods by virtue of a commission and other warrants, remaining in the bands of sir J. Elliot; that therefore the warrants may be seen, whether there be command to seize hese goods or not.' Mr. Hackwell answered, He is glad to hear it is so, and he is now of the same opinion.'-Then it was resolved, that Mr. Roils ought to have privilege of parliament, for his goods seized 30 October, 5 Jan. last, and all since. ་ Feb. 23. Sir H. May said, I will never cease to give you the best advice I can. We all agree a wound is given. We have wine and oil before us: if we go to punish delinquency, there is vinegar in the wound; therefore think on some course to have restitution.' Sir John Elliot. The question is, whether we shall first go to the restitution or to the point of delinquency; but some now raise up diticulties, in opposition to the point of delinquency; and talk of breach of parliaments; and other fears I meet with, both in this and elsewhere. Take heed you fall not on a rock : I am confident this would be somewhat difficult, were it not for the goodness and justice of the king. Let us do that which is just, and his goodness will be so clear, that we need not mistrust.-Let those terrors, that are threatened us, light on them that make them; why should we fear the justice of a king, when we Sir N. Rich. This day's debate much re-do that which is just? let there be no more oiceth me, especially the motion made by Mr. Noy; whereby it is plain we have a way open go to this question, without relation to the king's commission or command; and I desire, n respect there appeareth nothing before us that doth incumber us, we may go to the ques ion."' Sir H. May again desireth these warrants may be looked into before we go to the quesion. Mr. Kirton moved, 'That in respect this on. gent. pressed this so far, the warrants may e read, that it may appear with what judgment his house hath proceeded.'. Mr.Glanville, ・ I consent these warrants e sent for and read; but withal, if any thing rise that may produce any thing of ill consepence, let it be considered from whom it doth one. The privy-counsellors here are content ith this motion.-The Warrants being sent for nd read, no commission to seize appeared berein. Mr. Kirton said, 'If there be any thing of oubt, I desire these honourable persons may ake their objections.' Sir H. May. I rejoice when I can go to Secretary Cooke said as much, Mr. Noy saith, He made no doubt but pri- memory or fear of breaches, and let us now go to the delinquency of these men; and that is the only way to procure satisfaction.' Mr. Secretary Cooke answered, 'That we laboured, the last day, to bring to our end; now we fall to this issue, to proceed to the delinquency of these men; our ground is, because they had no command from his majesty. I must speak plain; his maj. took notice of our labour, and that we endeavoured to sever the act of the Customers from his maj.'s command.-His maj. commanded me to tell you, that it concerns him in high degree of justice and honour, that truth be not concealed; which is, that what they did was by his own direct orders and command, or by order of the council-board, his maj. himself being present; and, therefore, would not have it divided from his act.' Report concerning Privilege.] Report was made from the grand cominittee, that they took into their consideration the violation of the liberties 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 that the command of his maj, is so great, that they leave it to the house. Mr. Secretary Cooke saith, That howsoever this house labours to sever the king's interest, his maj, thinks this distinction will not clear his honour: he is the fountain of honour, and he will not be drawn to do that which may touch him, though others may make distinctions.' Sir R. Philips. I had rather pray to God to direct us than give any direction. The king's honour, justice, and government are now presented unto us, and also the essential liberty of this house; and we are now fit for debate 2 I or counsel, in the greatest concernments; our best thoughts and wits are summoned what to do.' Hereupon the house was adjourned to the 25th; and upon that day the following Heads of Articles for Religion being presented to the house, were read: viz. "HEADS OF ARTICLES to be insisted on, and agreed upon, at a Sub-Committce for RE LIGION. 1 them. 4. Their victorious and successful enterprizes, whereby the churches of Germany, France, and other places, are in a great part already ruined, and the rest in the most weak and miserable condition.In his majesty's own dominions, these: 1. In Scotland, the stirs lately raised and insolencies committed by the Popish party, have already not a little disquieted that famous church; of which, with comfort we take notice, his majesty hath expressed himself exceeding sensible; and hath "I. That we call to mind, how that, in the accordingly given most royal and prudent d last session of this parliament, we presented to rections therein. 2. Ireland is now almost his mj. an humble Declaration of the great wholly overspread with Popery, swarming wrh danger threatened to this church and state, by friars, priests, and jesuits, and other supersts divers courses and practices tending to the tious persons of all sorts; whose practice is change and innovation of religion. II. That what daily to seduce his majesty's subjects imm we then feared, we do now sensibly feel; and their allegiance, and to cause them to adhere therefore have just cause to renew our former to his enemies. That even in the city of Dubcomplaints herein.-HI. That, yet neverthelin, in the view of the state, where not maay less, we do, with all thankfulness, acknowledge years since, as we have been credibly inform the great blessing we have received from Ai-ed, there were few or none that refused to mighty God, in setting a king over us, of whose come to church, there are lately restored and constancy in the profession and practice of the erected for friars, jesuits, and idolatrous mass true religion here established, we rest full as priests, 13 houses, being more in number than sured; as likewise of his most pious zeal and the parish churches within that city; besides careful endeavour for the maintenance and many more likewise erected in the best parts propagation thereof; being so far from having of the kingdom; and the people, almost wholly, the least doubt of his majesty's remissness revolted from our religion, to the open exercise therein, that we, next under God, ascribe unto of Popish superstition. The Danger from hence his own princely wisdom, and goodness, that is further increased, by reason of the interour holy religion hath yet any countenance at course which the subjects, of all sorts, in that all amongst us.-IV. And for that the pious kingdom, have into Spain, and the Archintention and endeavours, even of the best and Duchess's country; and that, of late, divers wisest princes, are often frustrated through the principal persons being Papists are trusted unfaithfulness and carelessness of their mi- with the command of soldiers; and great num nisters; and that we find a great unhappi- bers of the Irish are acquainted with the exer ness to have befallen his majesty this way; cise of arms and martial discipline; which, we think, that being now assembled in par- heretofore, hath not been permitted, even in liament to advise of the weighty and im- times of greatest security. Lastly. Here in portant affairs concerning church and state; England we observe an extraordinary growth we cannot do a work more acceptable, than, of Popery, insomuch that in some counties, in the first place, according to the dignity of where in queen Elizabeth's tune there were the matter, and necessity of the present oc- few or none known Recusants, now there are casions, faithfully and freely to make known, above 2000, and all the rest generally apt to what we conceive may conduce to the preser-revolt. A bold and open allowance of their vation of God's religion, in great peril now to religion, by frequent and public resort to mass, be lost; and, therewithal, the safety and tran-in multitudes, without controul, and that even quility of his majesty and his kingdoms now to the queen's court; to the great scandal t threatened with certain Dangers. For the his majesty's government. Their extraordinary clearer proceedings therein, we shall declare, insolence; for instance, the late erecting of a 1. What those Dangers and Inconveniencies college of jesuits in Clerkenwell, and the are. 2. Whence they arise. 3. In some sort, strange proceedings thereupon used in fave how they may be redressed.-The Dangers of them. The subtile and pernicious spreadmay appear partly from the consideration of ing of the Arminian faction; whereby they the state of Religion abroad; and partly from have kindled such a fire of division in the the condition thereof within his majesty's very bowels of the state, as if not speed: own dominions, and especially within this extinguished, it is of itself sufficient to ret kingdom of England. From abroad we make our religion; by dividing us from the Reformthese observations: 1. By the mighty and pre-ed Churches abroad, and separating amon valent party, by which true religion is actually ourselves at home, by casting doubts pe opposed, and the contrary maintained. 2.the religion professed and established; which, Their combined conusels, forces, attempts, and practices, together with a most diligent pursuit of their designs, aiming at the subversion of ail the Protestant churches in Christendom. 3. The weak resistance that is made against if multy or questionable in three or four A ticles, will be rendered suspicious to unst ble minds, in all the rest; and incline them to Popery, to which those tenets, in their o nature, do prepare the way: so that if our 6 Arminian, and superstitious opinions and prac 2. ligion be suppressed and destroyed abroad, disturbed in Scotland, lost in Ireland, underInined and almost outdared in England, it is inanifest that our Danger is very great and imminent.-The Causes of which Danger here, amongst divers others, we conceive to be chiefly these instanced in. 1. The suspension or negligence in execution of the laws against Popery. 2. The late proceedings against the college of Jesuits. 3. Divers letters sent by sir Rob. Heath, his majesty's attorney, into the country, for stay of proceedings against Recusants. 4. The publishing and defending points of Popery in sermons and books, without punishment; instance bishop Montague's 3 books, viz. The Gagg,' 'Invocation of Saints,' and his Appeal;' also Dr. Cosin's IIorary, and the bishop of Gloucester's Sermons. 5. The bold and unwarranted introducing, practising, and defending of sundry new ceremonies, and laying of injunctions upon men by governors of the church and others, without authority, in conformity to the church of Rome; as for example, in some places erectag of altars, in others changing the usual and prescribed manner of placing the communiontable, and setting it at the upper end of the chancel, north and south, in imitation of the High Altar; by which they, also, call it, and adorn it with candlesticks, which, by the injunctions, 10 Eliz. were to be taken away; and do also make obeisance by bowing there unto, commanding men to stand up at Gloria Patria; bringing inen to question and trouble for not obeying that command for which there is no authority; injoining that no woman besities. 7. The Resolution of the abp. of Canchurched without a veil ; setting up of pictures, lights and images in churches; praying towards the East, crossing ad omnem motum & gestum. 6. The false and counterfeit conformity of Pasts, whereby they do not only evade the law, but obtain places of trust and authority; in- | stance Mr. Browne of Oxford, and his treatise | written to that purpose; the bishop of Gloucester; and the now bishop of Durham. 7. The suppressing and restraint of the orthodox doctrine, contained in the Articles of Religion, confirmed in parliament, 13 Eliz. according to the sense which hath been received publickly, and taught as the doctrine of the church of England in those points, wherein the Arminians differ from us, and other the Reformed Churches; wherein the essence of our Articles, in those controverted points, is known and proved. 8, The publishing of books, and preaching of sermons, contrary to the former orthodox doctrine, and suppressing books written in defence thereof: instance bishop Mon-provided. tague's Gagg and Appeal, Mr. Jackson's Book, of the Essence and Attributes of God, Dr. White's two sermons preached at court, one pon the 5th of Nov. the other on ChristmasDay last; and for orthodox books suppressed, instance in all that have been written against bishop Montague and Cosins, yea even bishop Carleton's Book. 9. That these persons who have published and maintained such Papistical, 10. terbury, and other rev, bishops and divines as- 3. The orthodox doctrine of our church, in these now controverted points by the Arminian sect, may be established and freely taught; according as it hath been hitherto generally received, without any alteration or innova tion; and severe punishment, by the same laws to be provided against such as shall, either by word or writing, publish any thing contrary thereunto. 4. That the said books of P., Montague and Cosins may be burned. 5. That such as live been authors, or abettors, of those Popish and Arminian innovations in doctrine, may be condignly punished. 6. That some good order may be taken for licensing books hereafter. 7. That his maj. would be graciously pleased to confer bishopricks, and other ecclesiastical preferments, with advice of his privy council, upon learned, pious, and orthodox men. 8. That bishops and clergymen being well chosen, may reside upon their charge, and with diligence and fidelity perform their several duties, and that accordingly they may be countenanced and preferred. 9. That some course may, in this parliament, be considered of, for providing competent means to maintain a godly, able, minister in every parish-church of this kingdom. 10. That his maj. would be graciously pleased to make a special choice of such persons, for the execution of his ecclesiastical commissions, as are approved for integrity of life and soundness of doctrine." Sir J. Elliot's Speech against the Lord Treasurer.] Immediately after the reading the above Articles, the king sent to command both houses to adjourn to Monday the 2d of March: On which day, several members objected, "That it was not the office of the Speaker to deliver any such command unto them; for the adjournment of the house did properly belong unto themselves: and after they had settled some things they thought convenient to be spoken of, they would satisfy the king.' Sir John Elliot offers a Remonstrance con cerning Tunnage and Poundage:] Sir John Elliot said, 'That in the great business of Tun nage and Poundage, the instruments thereof were moved at the Lord Treasurer's command: who dismayed the merchants, invited strangers to come in to drive out our trade, and all to serve his own turn:' and thereupon offered a Remonstrance, which, being refused to be read both by the Speaker and Clerk, was restored to him again; and, by him, read in these words following: "Most gracious sovereign; Your most loyal and dutiful subjects, the commons in this present parliament assembled, being in nothing more careful than of the honour and prosperity of your maj. and the kingdom; which depend upon that happy union and relation betwixt your maj. and your people, do with much sorSir John Elliot, after prayers were ended, row apprehend, that by reason of the uncer and the house set, stood up and said, God tainty of their continuance together, the unknows I speak now with all duty to the king. It expected interruptions which have been cas is true, the misfortunes we suffer are many; we upon them, and the shortness of time in which know what discoveries have been made here your maj. hath determined to end this session, in these Articles, and how Arminianism creeps they cannot bring to maturity and perfection in and undermines us, and how Popery comes divers businesses of weight, which they have in upon us. They mask not in strange disguises, taken into their consideration and resolution, but expose themselves to the view of the world. as most important for the common goodIn the search of these, we have fixed our eyes, Amongst other things they have taken into their not on the actors, the Jesuits and Priests, but especial care the preparing a bill for the grant upon their masters, those that are in authority; ing to your maj. such a subsidy of Tunnage thence it cometh we suffer; the fear of them and Poundage, as might uphold your profit and makes those interruptions. You have some revenue, in as ample manner, as their just care prelates that are their abettors: the great and respect for trade (wherein not only the pros bishop of Winchester, we know what he hath perity, but even the life of the kingdom doth done to favour them. This fear extends to consist) would permit; but being a work, which some others, that contract a fear of being dis- will require much time and preparation by concovered; that is, the Lord Treasurer (Weston) ference with your majesty's officers, and with in whose person all evil is contracted, both for the merchants not only of London, but of other the innovation of religion, and invasion of our remote parts, they find it not possible to be ac liberties; he being the great enemy of the com- complished at this time. Wherefore, consider mon-wealth. I have traced him in all his ing it will be much more prejudicial to the right actions, and I find him building on those of the subjects, if your maj. should continue grounds laid by his master the Great Duke; to receive the same without authority of law, he, secretly, is moving for this interruption; after the determination of a session, than if there and from this fear they go about to break par- had been a recess by adjournment only; (in liaments, lest parliaments should break them. which case that intended grant would have re I find him the head of all that party, the Pa-lated to the first day of the parliament) and pists; and all the Jesuits and Priests derive from bim their shelter and protection. And I protest, as I am a gentleman, if my fortune be ever again to meet in this honourable assembly, where I now leave, I will begin again.' a The Speaker delivers the King's Message for further Adjournment; which is not regarded by the House.] The Speaker, being set in the chair, delivered a Message from the king, commanding him, To adjourn the House until Tuesday come sevennight following. To this assuring themselves, that your maj, is resolved to observe that your royal Answer, which you lately made to the petition of both houses of parliament: yet doubting lest your maj may be misinformed concerning this particular case, as if you might continue to take the sub sidies of Tunnage and Poundage, and other impositions upon merchants, without breaking that Answer; they are forced, by that duty which they owe to your maj. and to those whom they represent, to declare, "That there ought not any imposition to be laid upon the Goods of Merchants exported or imported, without com- might have been the better enabled for the de mon consent by act of parliament: which is fence of your realm; and your subjects, by the right and inheritance of your subjects, being secured from all undue charges, be the grounded not only upon the most antient and more encouraged, chearfully to proceed in their original constitution of this kingdom, but often course of trade; by the increase whereof your confirmed and declared in divers statutes and majesty's profit, and likewise the strength of laws." And for the better manifestation there- the kingdom would be very much augmented: of, may it please your maj. to understand, but not being, now, able to accomplish this That although your royal predecessors, the their desire, there is no course left unto them, kings of this realm, have often had such subsi- without manifest breach of their duty both to dies and impositions granted unto them upon your maj, and their country, save only to make divers occasions, especially for the guarding this humble Declaration, That the receiving of of the seas, and safe-guard of merchants; yet Tunnage and Poundage, and other Impositions, the subjects have been ever careful to use not granted by parliament, is a breach of the such cautions and limitations in those grants, fundamental liberties of this kingdom, and as might prevent any claim to be made that contrary to your majesty's royal Auswer to the such subsidies do proceed from duty, and not Petition of Right.' And therefore, they most from the free gift of the subject; and that they humbly beseech your maj. to forbear any furhave, heretofore, used to limit a time in such ther receiving of the same; and not to take it grants, and for the most part but short, as for a in ill part from those of your majesty's loving year or two. And, if it were continued longer, subjects, who shall refuse to make payment of they have sometimes directed a certain space any such charges, without warrant of law deof cessation or intermission; that so the right manded. And as, by this forbearance, your of the subject might be more evident at all other most excellent maj. shall manifest unto the times. It hath been granted, upon occasions of world your royal justice in the observation of war, for a certain number of years; with pro- your laws; so they doubt not but hercaiter, at viso, that if the war ended in the mean time, the time appointed for their coming again, they then the grant should cease; and, of course, it shall have occasion to express their great desire hath been sequestered into the hands of some to advance your majesty's honour and profit." subjects, to be imployed for the guarding of the The Speaker refuses to put the Question; coasts and narrow seas. And it is acknow- and, offering to leave the House, is held in the ledged, by the ordinary answers of your majesty's Chair.] This was again offered to be put to the predecessors in their assents to the bills of sub- question; but the Speaker said, "He was sidies, proceeding from the good-will of the sub-commanded otherwise by the king." To this ects: very few of your predecessors had it for Mr. Selden answered, Mr Speaker, if you ife until the reign of Henry 7. who was so far will not put the question, which we command from conceiving that he had any right there- you, we must sit still; and so we shall never be anto, that although he granted commissions for able to do any thing. We sit here by command the collecting of certain duties and customs due from the king, under the great seal; and as for by law, yet he made no commissions for receiv- you, you are, by his majesty, sitting in his royal ng of the subsidies of Tunnage and Poundage, chair before both houses, appointed our Speakntil the same was granted unto him in parl.er: and do you now refuse to be a speaker? Since his time, all the kings and queens of this ealm have had the like grants for life, by the ree love and good will of the subject; and hensoever the people have been grieved by ying any impositions or other charges upon heir Goods or Merchandizes, without authoity of law; (which hath been very seldom) yet pon complaint in parliament, they have been orthwith relieved; saving in the time of your ryal father, who (having, through ill advice, aised the rates and charges upon merchanizes to that height, at which they now are) was et pleased so far to yield to the complaint of is people, as to offer, That if the value of those mpositions which he had set might be made ood unto him, he would bind himself and his eirs by act of parliament never to lay any ther; which offer the commons at that time, regard of the great burden, did not think fit yield unto.-Nevertheless your loyal comons' in this parliament, out of their especial eal to your service, and special regard of your ressing occasions, have taken into their consierations, so to frame a grant of Subsidy of unnage and Poundage to your maj. that you The Speaker replied, "IIe had an express command from the king, so soon as he had delivered his Message, to rise." And, thereupon, he rose and left the chair; but was drawn to it again, by Mr. Holles, son to the carl of Clare, Mr. Valentine, and other mem bers. Mr. Hollis (notwithstanding sir Tho. Edmonds, and other privy councellors, endea voured to free the Speaker) swore," God's wounds," "He should sit still, till it pleased them to rise." Then the Speaker, with abun dance of tears, answered, "I will not say, I will not, but I dare not;" desiring that they would not command his ruin therein, in regard he had been their faithful servant, and would sacrifice his life for the good of his country; but he durst not sin against the express command of his sovereign. Mr. Selden replied, "That he ever loved his person well, but he could not choose but much blame him now that he, being the servant of the house, should refuse their command, under any colour; and that his obstinacy would be a precedent tu posterity, if it should go punished: for that hereafter, if we should meet un |