« AnteriorContinuar »
pcared to the barons, as it doth to us, they 1 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 nooe.'
Sir -V. Rich said, ' It was recorded, the last session in tlie lords house; and be 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 iu 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 tlie 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 commis
iiou being read, it was not found to be there.
Sir ft Mai/ saith, 'Mr. Daws mentioned that be seized these goods by virtue of a commission and other warrants, remaining in the baodsof sir J. Elliot; that therefore tbe warrants Dajbesceu, whether there be command to seize these goods or not.'
Sir X. Rich. 4 This day's debate much rejoice th me, especially the motion made by Mr. Nov; whereby it is plain we have a way open logo to this question, without relation to tbe king's commission or command; and I desire, in respect there appeareth nothing before us» that doth incumber us, we may go to the question.'
Sir ft. May again desircth these warrants nsj he looked into before we go to the question.
Mr. Kirton moved, 'That in respect this boo. gent, pressed this so far, the warrants may he read, that it may appear with what judgment this house hath proceeded.'
Ut.GknsilU. • I consent these warrants be sent for and read; but withal, if any thing vise that may produce any thing of ill conse'let it be considered from whom it doth Tbe privy-counsellors here are content •ith this motion.'—Hie Warrants being sent for xxl read, oo commission to seize appeared therein.
Mr. Kirton said, 'If there be any thing of ■•■"!, I desire these honourable persons may 8»ke their objections.'
Sir ft May. 'I rejoice wlien I can go to '—••able in justify your proceedings: 1 confess I sat nothing now but that we may proceed akfy to the question.
Secretary Cooke said as much,
Mr. Rockwell argued agaiust privilege in the 'use of prorogation.
Mr. Aoy saith, 1 lie made no doubt hut pri'ikte wai in force in time of prorogation, until lie heard this argument; and saith, he hnth bsard nothing from him yet that doth alter his '■pinion; and cited a case, where the lords **e hath this very Droro^ntiou adjudged to be the privilege ther*""'
Mr. Hackwell answered, ' Ho is glad hear it is so, and he is now of the same opinion.'—Then it was iCMilvcri, that Mr. Rods ought to have privilege of parliament, for his goods seized 30 October, 5 Jan. lust, and ail siuce.
Feb. 23. Sir H. May said, • I will never cease to give you the best advice I can. We all agree n wound is given. We have wine and oil before us: if we go to panish delinqueucy, there is \ iuegar 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 tlie point of delinquency; but some now raise up diiiiculties, in opposition to the point of delinquency; and talk of breach of parliaments; and other tears I meet with, both in this and elsewhere. Take heed you full not on a rjck: I am confident this would be somen but difficult, were it not for tbe goodness and justice of tbe king. Let us do that which is just, and his goodness will be so clear, that we need not mistrust.—Let those terrors, that arc threatened us, light on them that make them; why should wc fear the justice of n king, wlien wo do that which is just? let there be no mora 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 wo 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 inuj. took notice of our labour, and tliut wc endeavoured to sever the act of the Customers from his maj.'s command.—His maj. commanded mc to tell yon, 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-hoard, his maj. himself being present; and, therefore, would not have it divided from his act.'
Report concerning Privilege] Report wns made from .the grand committee, that they took into their consideration the violation of the liberties of the house by tlie Customers; and nt last they resolved, That a member of the house ought to have privilege;of person and goods; and that tbe command of his maj, is so great, that they leave it to tlie house.
Mr. Secretary Cooke saith,' Tliat howsoever this liousc 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 aUo the essential lilierty of this house; and wc arc now lit for debate
or counsel, in the greatest concernments; our bust thoughts and wits arc summoned what to do.'
Hereupon the house was Mourned to the fith; and upon that day the following Heads ot' Articles tor Keligion being presented to the house, were read •. w/..
"Heads of Artici rs to be in
them. 4. Their victorious and successful entcrprizes, wiicrcby the churches of Germain', Visiiice, and other places, are in a great part already ruined, and the rest in the most weak and miserable condition.—In his majesty's cwn dominions, these: 1. In Scotland, the stirs lately raised and insolencie* committed by the Popish | arty, have already not a little disquieted that famous church; of which, with comfort we tako notice, his majesty hath expressed himself exceeding sensible; and linth accordingly given most royal nnd prudent directions therein. 2. Ireland is now almost wholly o\ersprcad with Popery, swarmiap «i'!i Irian, priests, and Jesuits, and other super=:!rious persons of nil sorts; whose practice L daily to seduce las majesty's subjects from
agreed upon, LIC1I02I.
"I. That we call to mind, how that, in the last session of this parliament, we presented to his mij. an humble Declaration,of the great danger threatened to this church and state, by divers courses and practices tending to the changcand innovation of religion. II.Thatwhut
we then reared, we do now sensibly feci; nnd i tlicir allegiance, and to cause them to adhere therefore have just cause to renew our former 1 to his enemies. Thateven in the city of Dul
complaints herein.—111. Thaj, yet ncicrthcless, wc do, with all thankfulness, acknowledge the great blessing wo have received from Almighty < >od, in setting a king over us, of wlmsc constancy in the profession and practice of the true religion here established, wc rest full assured; as likewise of his most pious zeal and careful endeavour for the maintenance and propagation thereof; being so far from having the least doubt of his majesty's remissness therein, that we, next under God, ascribe unto his own princely-wisdom, and goodness, that our holy religion hath yet any countenance at all amongst us.—IV. And for that the pious intention and endeavours, even of the best and wisest princes, are often frustrated through the unfaithfulness and carelessness of their ministers; unci that we rind a great unhappines» to have befallen his majesty this way; •wc think, that being now assembled in parliament to advise of the weighty and important affairs concerning church and state; we cannot do a work moie acceptable, than, in the first place, according to the dignity of the matter, and necessity of the present occasions, faithfully and freely to make known, what we conceive may conduce to (lie preservation of Grid's religion, in great peril now to he Inst; and, therewithal, the safety and tranquility of his majesty and his kingdoms now threatened with certain Djutigers, For the clearer proceedings therein, we shall declare, 1. What those Dangers nnd Inconveniciicies are. 4. Whence they arise. 3. In some sort, how they may be redressed.—The Dangers may appear partly from the consideration of the state of Ileligioih abroad: and partly from the conditio* thereof within his lnai'sty's own dominions, and especially within this kingdom of Kugland. From abroad we make these observations: 1. Hy the mighty and prevalent party, by wdiich true religion is actually opposed,! and the contrary maintained. 'J. Their combined com.sels, forces, attempts, and pi-actices, together with a nif.st diligent pursuit of their designs, aimrog ut the subversion of alt the Protestant churches Hi Christendom. 3. The weak resist -.ucc thai «s lua.le against
tin, in tl* view of the slate, where not ma] years since,.as we have been credibly informed, there were lew or none that refund to come to church, there are lately restored and erected lor friars, Jesuits, and idolatrous nia?spriests, IS houses, being more in number than tlie parish churches within that city; besides many more likew isc erected in the best parts of the kingdom; and the people, almost wholly, revolted from our religion, to the open exercise of Popish superstition. The Danger from hence is further increased, by reason of the intercourse which the subjects, of all sorts, in that kingdom, have into Spain, and the Archduchess's country; and that, of late, divers principal persons being Papists are trusted ■with the command of soldiers; aud great numbers of the Irish are acquainted with the cxereise of arms and martial discipline; which, heretofore, hath not been permitted, even in times of greatest security. Lastly. Here in England we observe an extraordinary growth of Popery, insomuch that in some counties, where in queen Elizabeth's time there were lew or none know n Recusants, now there are above 3000, «ud all the rest generally apt to revolt. A hold and open allowance of their religion, by frequent and public resort tomass, in multitudes, without controul, and that even to the queen's court; to the great scandal of his majesty's government. Their extraordinary insolence; for instance, the late erecting of a college of jesuits in Clerkenwcll, and the strange proceedings tlicreupon used in favour of them. The subtile and pernicious spreading of the Arminian faction; whereby tliey have Kindled such a fire of division in 'he very bowels of the state, as if not speedily extinguished, it is of itself sufficient to ro:« our religion; by dividing us from the Reformed Churches abroad, and separating nmoiipc ourselves at home, by casting doubts opnn the religion professed and established; which, if faulty or questionable, in three or four Artii!<?«, w ill bo •rendered suspicious to unstable minds, in all the rest; and incline them to Popery, to which those tenets, in their own nature, do prepare the way : so that if our re' ligitiu be suppressed and destroyed abroad, rbed in Scotland, lost in Ireland, undermined and almost outdared iu England, it is Manifest that our Danger is very great and imminent.—The Causes ot' which Danger here, amongst divers others, we conceive to be chiefly these instanced in. 1. The suspension or negligence in executiou of the laws its11'"*1 l'opcry. '2. The late proceedings against the college of Jesuits. 3. Divers letters sent hy sir Hob. Heath, his majesty's attorney, into ttic country, fur stay of proceedings against Retusauts. 4. The puhlisliing aRd defending points of Popery in sermons and hooks, withoutpunishment; instance bishop Montague's 3 books, via. ' The Gagg,' ' Invocation of Saints,' Kid his 'Appeal;' also Dr. Cosiu's Horary, lad the bishop of Gloucester's Sermons, 5. fhe bold and unwarranted introducing, practising and defending of sundry new ceremonies, and laying of injunctions upon men by governors ol the church and others, without sutbortty, in conformity to the church of Koiue; as for example, in some places erecting of altars, in others changing tho usual and prescribed manner of placing: the communiontable, and setting it at the upper end of the diancel, nortii null south, in imitation of the High Altar; by which they, also, call it, and wJora it with caudlesticks,.which, by the inluactions, 10 Eik. v. ere to be taken away;
do also make obeisance by bowing thereunto, commanding men to sin ml up at Gloria (atria; hnugiug men to question ami trouble lor not obeying that command for w hich there a no authority; injoiuiug that no woman be ^lurched without a veil; setting up of pictures, and images in churches ; praying towards die East, crossing ad oinnein motum & gestum. i. The false and counterfeit couforniity of Papists, whereby they do not only evade the law, l«Jl obtain places of trust and authority ; instance Mr. Browne of Oxford, and his treatise "Titicn to that purpose; the bishop of Gloucester; and tlie now bishop of Durham. 7. ibc suppressing and restraint of the orthodox doctrine, contained in the Articles of Religion, confirmed in parliament, 13 Eliz. according to tiie sense which hath been received publiekly, »<id taught as the doctrine of the church of England in those points, w herein the Arminians differ from us, and other the Reformed '-burclies; wherein the essence ot our Articles, U 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 writtea io defence thereof: instauco bishop Montague's Gagg and Appeal, Mr. Jackson's Book >' the Essence and Attributes of God, Dr. 1 bite's two sermons preached at court, one "pon the Sth of Nov. tlie-othcr on ClrisluiosU»y last: and for orthodox books suppressed, '"stance in all that have beeu written against bishop Montague and Cosins, yea even bishop Carkwn's Book. 9, Jijav.lhesc persons wj|0 kave published and maiiitainod such Papistical,
Arminian,and superstitions opinions-and prar« tices, who are known to be unsound in religion are countenanced, favoured and preferred : iu" stance Mr. Montague made bishop of Ouches" ter; also the late bishop of Carlisle, since hi* last Armiuian Sermon preached at court, ad" vanced to the bishoprick of Norwich; a know n Arminiau made bishop of lily; the bishop of Oxford, a long-suspected Papist, advanced to the bishoprick of Durham; Mr. Cosins, ad van* ced to dignity and a great living; Dr. Wren, made dean of W indsor, and one of the high commission court. 10. That some prelate* near tiic king having gotten the chief administration of eccle siastical affairs under his maj., discountenance and hinder the preferment of those that are orthodox, and favour such as are contrary; instance, the bishops of Win' Chester and Dnidon, in divers particulars.—( The points wherein the Arminians tinier from us, and other the Reformed Churches, in the sense of the Articles confirmed iu parliiv incut, 13 Kli?. may be known and proved in these controverted points.iiz. 1. I!v the Cotnmon-I'rayer, established in parliament. 9. By the book of Homilies, continued by the acts of reliydn. 3. By the Catechism concerning the points printed iu the Bible, mid read iu churches, and divers other iui)aession* published by authority. 4. Bishop Jewel's works, commanded to be kept in nil churches, that every, parish may have oue of them, a. The publick determination of divinity-professors, published by authority. 0. The publiek, determination of Divines in both the Universities. 7. The Resolution of .the abp. of Canterbury, an I other rev. bishops and divines assembled at Lambeth, for this very purpose, to declare their opinious Concerning those points, Anno 1595, unto which the aop. of York and all bis province did likewise agree. 8. Tin Articles of J reland, tho' framed by the convocation there, yet .allowed by the clergy and state here. 9. The suffrage of the British divines, sent by king James, to the synod of Dort. Iu. The uniform consent of our writers published by authority. 11. The censures, recantations, punishments and submissions, made, enjoined, and inflicted upon those that taught contrary thereunto, as Barrow and Barrett in Cambridge, aud Bridges in Oxford.—The remedy of which Abuses we conceive may be these. 1, Due execution of laws against Papists. 2. Exemplary punishments K> be inflicted upon teachers, publishers, and mniniiiiucrs of Popish opinions, and practising of superstitious ceremonies, and-some stricter laws in that case to b« provided. 3. The orthodox doctrine of our church, in these now controverted points bv the Arminian sect, mav lie established and freely taught; according a-it hath beeu hitherto generally received, w ithout any alteration or innovation ; and severe punishment, hy the same laws to be provided against such as shall, either by word or writing,publish any thins contrary thereunto. <J. That thes.aid books ot I!;. .Montague and Cosins mav be burned. &. Tha;>uch tn> l*ive been authors, or abettors,, of those Popish and Anninian innovations in doctrine, may be contiignly 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 mid fidelity perform their several duties, and that accordingly ihcy may be countenanced and preferred. 0. 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 he graciously pleased to make a special choice of sucli persons, for the execution of his ecclesiastical commissions, as are approved for integrity Of lite and soundness of doctrine."
Sir J. Elliot's Speech against the ljord Treasurer,] Immediately after the rending the above Articles, the king sent to command both houses to adjourn to Monday the I'd of March: On which day,
Mr John Elliot, after prayers were ended, and the bouse set, stood up and said, 'God knows I speak now with all duty to the king. It is true, the misfortunes wo sutler arc many; we know what discoveries have been made here in these Articles, and how Arnlinianism creeps in and undermines us, and how Popery comes iu upon us. They musk not in strange disguises, but expose themselves to the view of the world. In the search of these, we have fixed our eyes, not on the actors, the Jesuits and Priests, but upon their masters, those that are in authority; thence it cometh we suffer; the fear of them makes those interruptions. You have some
firelatcs that are their abettors: the great lishop of Winchester, we know what he hath done to favour tbero. This fear extends to some others, that contract a fear of being discovered; that is, tlie Lord Treasurer (Weston) in whose person all evil is contracted, both for the innovation of religion, and invasion of our liberties; he being the great enemy of the common-wealth. I have traced him in all his actions, and I find him building on those grounds laid by his master the Great Duke; he, secretly, is moving for this interruption; and from this fear they go about to break parliaments, lest parliaments should break them. 1 rind him the head of all that party, the Papists; und all the Jesuits and Priests derive from him 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.'
The Speaker delivers the King's Message for a further Adjournment; tehich is not regarded by the House.'] The Speaker, being set in tlie chair, delivered a Message from the king, commanding him, 'To adjourn the Hou«i! until l jetdaj' tui«« ssvcntiight following.' To this
several members objected, 'That it was not the office of the Speaker to deliver any sad: command unto them; for the adjournment at the house did properly belong unto themselves: and after they had settled some things tbej thought convenient to be spoken of, they would satisfy the king.'
Sir John Elliot offers a Remonstrance toecerning Tunnage and Poundage.] Sir Joes Elliot said, 'That in the great business of Tannage and Poundage, the instruments tbtre.: were moved at the Lord Treasurer's command i who dismayed the merchants, invited strmgKi to come in to drive out our trade, and sil u serve his own turn:' and thereupon offered i Remonstrance, which, being refused to be read both by the Speaker and Clerk, was restoredw him again; and, by him, read in these words following:
"Most gracious sovereign; Your most Iotb1 and dutiful subjects, the commons in this present parliament assembled, being in no0.r>. more careful than of the honour and prosprmr of your maj. and the kingdom; which depend upou that happy union and relation bttwii: your maj. and your people, do with much sorrow apprehend, that by reason of the ancertainty of their continuance together, the mexpected interruptions which have beet) out upon them, and the shortness of time in which your maj. hath determined to end this semot, they cannot bring to maturity and perfection divers businesses of weight, which theyktre taken into their consideration and resolution, us most important for the common good-■ Amongst other things they have taken into tow especial care the preparing a bill for the granting to your maj. such a subsidy of Tunuart and Poundage, as might uphold your profit a:; revenue, in as ample manner,'as theirjust rare and respect for trade (wherein not only the prosperity, but even the life of the kingdom dots consist) would permit; but being a work, which will require much time and preparation by conference with your majesty's officers, and with the merchants not only of London, but of othet remote parts, they find it not possible to be accomplished at this time. Wherefore,considering it will he much more prejudicial to the right of the subjects, if your maj. should continni to receive the same without authority of after the determination of a session, than i/there had been a recess by adjournment only; ('a which case that intended grant would have related to the first day of the parliament) Mil assuring themselves, that your uiaj, b resohed to observe that your royal Answer, which you lately made to tlie petition of both boom of parliament: yet doubting lest your mflmay be misinformed concerning this partkor*' case, as ifyou might continue to take the sidics of Tunnage and Poundage, and other impositions upon merchants, without break"? that Answer; they are forced, by that dutf which they owe to your maj. and to those whom they represent, to declare, "That there oof* uot any imposition to b« laid upon t*« (Jo*d<-:
Merchants exported or imported, without common consent by act of pnrlinment: which is the right and inheritance of your subjects, grounded not only upon the most ancient and original constitution of this kingdom, but often confirmed and declared in divers statutes and laws." And for the better manifestation thereof, may it please your maj. to understand, That although your royal predecessors, the lings of this realm, have often had such subsidies and impositions granted unto them upon divers occasions, especially for the guarding of the seas, and safe-guard of merchants; yet the subjects have been ever careful to use such cautions and limitations in those grant?, as might prevent any claim to be made that iuch subsidies do proceed from duty, and not trora the freegiftof the subject; and that they have, heretofore, used to limit a time in such fraiits, and for the most part but short, as for a war or two. And, if it were continued longer, they lave sometimes directed a certain space of cessation or intermission; that so the right of thesubject might be more evident at all other times. It hath been granted, upon occasions of war, for a certain number of years; with pro'ao, that if the war ended in the mean time, then the grant should cease; and, of course, it hath been sequestered into the hands of some subjects, to be imployed for the guarding of the coasts and narrow seas. And it is acknowIniged.by the ordinary answers of your majesty's predecessors in their assents to the bills of subsidies, proceeding from the good-will of the subjects: very few of your predecessors had it for hie until the reign of Henry 7. who was so far from conceiting'that he had any right thereinto, that although he granted commissions for 'fee collecting of certain duties and customs due sy law, vet he made no commissions for reccivi«gof the subsidies of Tunnage and Poundage, until the same was granted unto him in pari.— ilnce his time, all the kings and queens of this *alm have had the like grants for life, by the free lore and good will of the subject; and "bensotver the people have been grieved by iijtag any impositions or other charges upon their Goods or Merchandizes, without authontyoflaw; (which hath been very seldom) yet "J>on complaint in parliament, they have been forthwith relieved; saving in the time of your ttjal rather, who (having, through ill advice, raised the rates and charges upon merchan*aes to that height, at which they now are) was jet pleased so tar to yield to the complaint of 'is people, as to offer, That if the value of those ""positions which he had set might be made pod onto him, he would bind himself and his Wn by act of pnrliamcnt never to Jay any "!ier; which offer the commons at that lime, ;i regard of the great burden, did not think fit yield unto.—Nevertheless your loyal commas in this parliament, out of their especial ifal to jour service, and spocial regard of your >"essing occasions, have taken into their considerations, so to frame a grant of Subsidy of Knnage and Poundage to your rmj. that you
might have been the better enabled for the de fence of your realm; and your subjects, by being secured from all undue charges, be the) more encouraged, chearfully to proceed in their course of trade; by the increase whereof your majesty's profit, and likewise the strength of the kingdom would be very much augmented: but not being, now, able to accomplish this their desire, there is no course left unto them, without manifest breach of their duty both to your uiiij. and their country, save only to make this humble Declaration, That the receiving of Tunnage and Poundage, and other Impositions, not granted by parliament, is a breath of the fundamental liberties of this kingdom, and contrary to your majesty's royal Answer to the Petition of Right.' And therefore, they most humbly beseech your maj. to forbear any further receiving of the same; and not to take it in ill part from those of your majesty's loving subjects, who shall refuse to make payment of any such charges, without warrant of law demanded. And as, by this forbearance, your most excellent maj. shall manifest unto the woild your royal justice in the observation of your laws; so they doubt not but hereafter, at the time appointed for their coming again, thejr shnll have occasion to express their gn at desire to advance your majesty s honour and profit."
The Speaker refuses to put the Question.; and, offering to leave the House, is held in the Chair.] This was again offered to be put to the question; but the Speaker said, " He was commanded otherwise by the king." To this Mr. Selden answered, 'Mr Speaker, if you will not put the question, which we command you, we must sit still; mid so we shall never be able to do any thing. We sit here by command from the king, under the great seal; and as for you,you are, by his majesty, sitting in his royal chair before both houses, appointed ourSpeaker: and do you now refuse to be a speaker r' The Speaker replied, " He had an express command from the king, so soon as he- had delivered his Message, to rise." And, thereupon, he rose nnd left the chair; but was drawn to it again, by Mr. Holies, son to the earl ofCarc, Mr. Valentine, and other members. Mr. Hollis (notwithstanding sir Tho. Edmonds, and other privy counsellors, endeavoured to free the Speaker) swore, '• God's wpunds," " He should sit still, till it pleased thein to rise." Then the Speaker, with abundance 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 goo<i of his country; but he durst not sin against the express command ofhis sovereign.
Mr. Selden replied, 'That he ever loved his person well, but lie could not choose but much blame him now: that he, being the servant of the house, should refuse their command, under any colour; nnd that his obstinacy would be a precedent to posterity, if it should go unpunished: for that hereafter, if wc shvuidnicct