ror, and humbly desired that he night once gain be recalled before the committee; and if e did not then give them full contentment by is answer, he would refer himself to the wisom and justice of the house. This motion as strongly seconded; but in regard his abuse peared to be so gross, and that he had so any times liberty given him to recollect his emory, and he being so great an officer in so reat a city, he had all the favour that could e, and yet rejected the same, and carried unself in a very scornful manner. Wherefore was ordered that he should be sent for as a elinquent, to answer at the bar the next orning.

Dr. Montague's Confirmation argued.] Jones e printer and his counsel were called in, to rgue the business of Montague's Episcopal Contirination. The questions were two: 1. Whether the exceptions be legal? 2. Whether he Confirmation be good? The last of these the point touching which the house enjoined he counsel to speak. The counsel proposed a Erd question, What would be the fruit and fect thereof, if in law the Confirmation should prove avoid? In which the counsel said it would not extend to make him no bishop upon | fe point of election, but upon the point of Confirmation only, which makes him punish able, if he execute any thing concerning the Dishoprick.

Sir H. Martin said, That the exception making void the Confirmation, doth in law Work also upon the election, and likewise make hat void.

Dr. Steward said, 'The point of setting to the advocate's hand is but matter of form of Fourt but no matter of law.'

this to be a bone thrown in by them that seek to draw a cloud over our religion, to divert or interrupt us in the preservation of it. I desire the messenger may be sent for, and examined by whose procurement this subpoena was taken forth: if those that throw these scorus upon us may go unquestioned, it is in vain to sit here.'

Sir H. May. This proceeds from some great error, for I will assure you this never proceeded from king or council. I therefore desire it may be searched to the bottom, for be it considered that neither king nor council have cast in this as abovesaid.'

Mr. Selden This is not to be reckoned as an error; for questionless this is purposely to affront us, and our own lenity is the cause of this.'

An order, that Shrimpton, the messenger that served the subpoena, be presently sent for, to the house; a committee of six are appointed to see the Information in the Starchamber, and to examine the same and by whom the same was put in; and they shall have power to send for persons or records that may inform them.-A general Order was also agreed on, That all the committees that have power to send for parties, shall have power to command any of them as they shall think fit, to attend the house at such times as they think fit.-The privilege of the merchants that are planters here, may be taken into consideration by this committee, concerning the Information in Starchamber.

The Sheriff of London committed to the Tow er.] Mr. Sheriff Acton being called to the bar, upon his knees, saith, If he hath erred, it is through want of memory and ignorance; for he intended not the least dislike or distaste to any member of the house."

Sir H. Martin said, 'That he would endcaYour to give the house full satisfaction; and will speak with relation to the king's right and aws of the realin. The proclamation at common law should not be at Bow-Church, but the Cathedral Church of the diocess where the bishop is to be elected, and the dean and chapter and clergy of the diocess are to except, and not every one that will. The arguments Mr. Selden. I cannot remember when we that might fall thereupon are endless, and to did commit a sheriff of London, but I rememalter a course so long settled needless; and Iber when this house committed both the sheriffs conceive it is plain, that the king and the law have power to deprive him of his bishoprick, if he deserve the same: therefore it were good to decline this dispute for the present, and to seek to remove him.' Which was allowed of. Complaint relating to Tonnage.] Feb. 10. Mr. Rolls complained, That since the last complaint of the breach of the liberties of this house, bis warehouse was locked up by one Massey a pursuivant. And that yesterday he was called forth from the committee in the Exchequer Chamber, and served with a subpena to appear in the Starchamber. And since he received a letter from Mr. Attorney that it was a mistake; the subpoena was read, but the letter was not suffered to be read.'

Mr. Long moved he might be sent to the Tower.

Sir F. Seymour. That he may now be referred back to the committee to be re-cxamined; if then be deal not clearly, this house may proceed to further punishment.

Sir R. Philips said, You see we are made the subject of scorn and contempt. I conceive

of London to the Tower, for an abuse of less nature; only for countenancing of a serjeant 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 serjeant was sent to LittleEase; the party, at whose suit he was arrested, was committed to the Fleet, and both the sheriffs to the Tower.'

Mr. Kirton. I came into this house with as good a heart to this man as any man; for I was spoken to stand for him as I came in. I promissed to do what favour I could; but if he were my brother, he should go to the Tower.'

Mr. Littleton. You see the affronts, by books, by preaching, by rumours, by being daily served with process that are put upon us,

Sir R. Philips said, 'One Dr. Marshal will clate as much said to him by the bishop of Vinchester, as the bishop said to Dr. Alalaster.'

Mr. Kirton. That Dr. Marshal and Dr. Beard may be sent for.' And further said, This bishop, though he hath leaped through any bishopricks, yet he hath left popery beind him. That Cosins frequenting the print ng-house, hath caused the books of Common Prayer to be newly printed, and hath changed he word Minister into the word Priest,' nd hath put out in another place the word Elect.' Thus Cosins and his lord go hand in

and.'

Sir Miles Fleetwood. We are to give Montague his charge, and, by his book, charge im with, 1. Schism in error of doctrine. 2. Faction in point of state. 3. Matter of agravation.

Sir Walter Earle said, Qui color albus erat unc est contrarius albo.' Dr. White bath sold his orthodox books, and bought Jesuits books, therefore let White go arm in arm with Montague.'

Sir John Elliot made report from the committee, in the examination of the complaint of the merchants; and delivered in the orders and injunctions in the exchequer; and said, That the merchants are not only kept from their goods by the customers, but by pretended justice in a court of justice, the exchequer. I conceive, if the judges of that court had their understanding enlightened of their error by

this house, they would reform the same, and the merchants thereby suddenly come by their goods.'-Ordered, a select committee to be named to digest these things that have been already agitated, concerning innovation of religion, the cause of the innovation, and the remedy.

Debate on a Complaint concerning Tonnage and Poundage.] Feb. 12. At a grand committee for Tonnage and Poundage, Mr. Waller delivered a petition from Chambers, Foulkes, and Gilbourne, in complaint of an information against them in the Star-chamber about Tonnage and Poundage; and that, by the restraint of their goods, they are likely to be undone.

Mr. Corilon. I conceive it fit the merchants should have their goods, before we can think of the hill. Kings ought not, by the law of God, thus to oppress their subjects. I know we have a good king, and this is the advice of his wicked ministers; but there is nothing can be more dishonourable unto him.'

Sir H. May (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 proceedings of the king and his ministers was to keep the question safe, until this house should meet, and you shall find the proceeding of the Exchequer very legal; and thus much, not knowing whether I shall attain liberty to speak here again.'

Sir Tho. Edmunds (treasurer of the household). There is none here but would think it a hard thing that a possession should be properties of all evil beasts. My humble motion to your majesty therefore is, that either you would win him to you by promises of fair treatment, or catch hun by some stratagem; and then cut him short." All which the king received with a smile, and said nothing.-Philips's Life of Abp. Williams, p. 290.

such case, will be one of the greatest men of England-which was a prophetical speech. But Hampden knew him well, and was intimately acquainted with him."-Some years after this, about December, 1644, Charles I. sent for archbishop Williams to Oxford, to take his opinion upon the situation of his affairs at that time; in the course of their conversation, The following description of Cromwell by speaking of Cromwell, the archbishop said, John Maidstone, who was a member of one of "That Cromwell, taken into the rebels army his parliaments, is also curious" Before I by his cousin Hampden, is the most dangerous pass further, pardon me in troubling you with enemy your majesty has; for though he is, at the character of his person; which, by reathis time, of mean rank and use amongst them, son of my nearness to him, I had opportunity yet he will climb higher. I knew him at Bug- well to observe. His body was well compact den, but never knew his religion. He was then and strong; his stature under six foot (I bea common spokesman for sectaries; and main-lieve about two inches); his head so shaped, tained their post with stubborness. He never as you might see it a storehouse, and shop discoursed, as if he were pleased with your both, of a vast treasury of natural parts. His majesty and your great officers; and indeed he temper exceedingly fiery, as I have known; loves none, that are more than his equals.but the flame of it kept down for the most part, Your majesty did him but justice, in repulsing or soon allayed with those moral endowments a petition put up by him, against sir Thomas he had. He was naturally compassionate toSteward of the Isle of Ely; but he takes all wards objects in distress, even to an effeminate those for his enemies that would not let him incasure; though God had made him a heart, undo his best friend; and above all that live, wherein was left little room for any fear, but I think he is the most mindful of an injury. what was due to himself, of which there was a His fortunes are broken, that it is impossible large proportion; yet did he exceed in tenderfor him to subsist, much less to be what he ness towards sufferers. A larger soul, I think, aspires to, but by your majesty's bounty, hath seldom dwelt in a house of clay, than his or by the ruin of us all, and a common was." Letter in the Appendix to the 1st confusion. In short, every beast hath some Volume Thurloe's State Papers, p. 763. evil properties; but Cromwell hath the

VOL. II.

2 H

taken from us, without any order for sequestration; that therefore it was not to be suffered, that these few men should so unjustly disturb the government of the state: desires that there may be no interruption, but we may proceed to settle the Tunnage.'

Mr. Coriton. I hope we may speak here, as we may speak in heaven, and do our duties, and let not fear divert us.'

Mr. Waller. C It is not so few as 500 merchants are threatened in this.'

Sir R. Philips moveth, That we may go to the king, and satisfy him of these interruptions.' Mr. Noy. We cannot safely give, unless we be in possession; and the proceeding in the exchequer nullified, also the informations in the Star-chamber, and the annexatious to the Petition of Right. I will not give my voice, neither will I give, unless these interruptions be declared in the bill, That the king bath no right, but our free gift.' If it will not be accepted, as it is fit for us to give it, we cannot help it if it be the king's already, as by their new records it seemeth to be, we need not give it.'

25

now, we may for ever hold our peace; when, besides the queen's mass, there are two other masses daily in the queen's court; so that it grown common with the out-facing Jesuits, and common in discourse, Will you go to mass, or have you been at mass at Somerset-house? there coming 500 at a time from mass. Desires it may be known by what warrant the Jesuits lately in Newgate were released.'

Mr. Coriton said, He doubts not but his majesty's intention was good, in the Decla ration lately published; but he conceiveth it will be made use of only to our disadvantage. He desireth therefore the declaration may be taken into serious consideration.'

Sir Rd. Grosvenor reports the proceedings of this house against Popery the last session, and what fruits have followed thereof since, as fullows:- In this great business concerning Religion, and the stay of execution of the laws against Recusants, it will much conduce to purpose, and forward our resolutions, to cast back our eyes to what was done the last ses sion. You may remember that, amongst other businesses of weight, we then took to heart the Mr. Selden seconds the motion of sending decay of Religion; we sought after the preser a message to the exchequer; declareth a pre-vation thereof, and how to maintain it in its cedent of a message sent into the chancery, for stay of proceedings in a cause; and it was obeyed. And what answer soever the judges return, it cannot prejudice us: the law speaks by the records, and if these records remain, it will, to posterity, explain the law.'

Mr. Littleton. For the point of right, there is no lawyer so ignorant to conceive it, nor judge of the land to affirm it; is against giving to the king, or going on with the bill. In this case, by the law, 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 exchequer, That whereas certain goods of the merchants have been stayed by injunction from that court, by a false affidavit; and that, upon examination, the customers that made the affidavit have confessed, that the goods were only stayed for duties contained in the book of rates; that therefore that court would make void the orders and affidavits in

this business.'

Feb. 13. Dr. Moore called in, saith, That he was referred to the bishop of Winchester, to be censured for a Sermon preached by him. The bishop said, That he had heard him deliver many pretty passages against the papists, which pleased king James well, but he must not do so now: that he had a brother that preached against bowing at the name of Jesus, and bowing at the high altar, which he liked not; and that the communion table stood as in an ale-house, but he would have them to be set as high altars. Dr. Moore is to deliver these things, in writing, to-morrow.

Proceedings of the Committee for religion.] At the Committee for Religion, Mr. Pym in

the chair,

Sir Walter Earle said, If we speak not

own purity. We find that, of late years,
had been much wounded by heartening of pa-
pists, by conferring offices upon recusants. We
summoned our judgments, and employed our
best cares and pains for stopping the current
of popery; which by such means, like a de-
luge, came flowing in upon us.
And well did
it befit the piety of this house to be so zealous
for the prosperity of that, which ought to be
so precious to every good man's soul, and so
dear in their eyes. This we attempted by these
and the like steps. 1. By that religious Pet
tion, wherein it pleased the lords so readily to
join with us. 2. By framing a bill against Re
cusants, which passed both houses; whereby
his maj. had been much enriched, bett
enabled to compass his dues from them, and
to avoid their deceits in defrauding him there
of. 3. By informing him of the numbers and
particulars; and by petitioning him to remove
all papists and popishly-affected people from
the court, from places of trust, and from places
of power. 4. By examining the dangers and
inconveniences of these late Commissie
and Instructions granted forth, for the co
pounding with Recusants for their estates and
forfeitures. 5. By framing a Charge to usher
up Mr. Montague to the lords; not to his scal
amongst the reverend society of bishops, bato
the bar, as an offender against that house, this
house, and the whole church of God. But what
good hath our zeal brought to religion, what
profit to the church? We all know, and with
thankfulness acknowledge, that his maj. gave
a most pious and gracious Answer to our Per
tion, and to some particulars, as fully as we
could desire; which raised our hopes to the
expectation of much good, and some hath o
lowed. For it is true that the promised Pro
clamation to command judges, and other mi

for ever hold

our pest

en's mass, there are 5

the queen's court;

en at mass at

nisters of justice, to put the laws in execution have cause to suspect? Since, we find, he goagainst Recusants, their priests and jesuits, is eth not forth with our armies, since so ill sucnow extant; which yet seems to me to have cess attends all our actions, and we have not been long kept by some back-friends to reli- yet made our peace with him.---And to these with the out-tacagion; and I am induced to think thus for these griefs and discouragements, I find an addition course, Willy reasons, viz. My 1st reason I draw from comSomente mon fame: It being generally reported, that desolation of us, if not dissolution of religion of that nature, that threatens the very ruin and 00 at a time from instead of life and motion to the laws in force in this land, if God himself take not his own known by what against Recusants, the judges had in charge, cause into his hand: and that is the counteNewgate were relea before the last circuit, to deal sparingly with nancing and preferring of a plotting, underminsaid, He doubts them. My 2nd reason I draw from the time ing, and dangerous sect of upstart divines; ion was good, in when this Proclamation came forth; which was ublished; but he ca five weeks after the end of the session, when before honester men; when such desperate dis when Arininians shall be graced and preferred e of only to our dis some of the circuits were ended, or so near a vines, as have tired a part of Christendom, alerefore the declares conclusion, that the judges could take little or most ruined our neighbours, kindled their fireus consideration.' no notice thereof. And, 3dly, from conside- brands, and cast their dangerous sparks abroad enor reports the prerátion of a former Proclamation, dated the 7th in our church, shall be encouraged to go on in St Popery the last of July, which though it passed not the seal, planting their damnable doctrines and proposifollowed thereof s yet it did the press; and, in my poor opinion, tions; which, already, have taken deep rootgreat business conce would never have gone so far (knowing the re-ing 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 Montague; which was ready, with the first opportunity, to have transmitted him to the lords; but these many interruptions we have had, have given

ts, it will much o ward our resoluti

- what was done t

stay of execution solution of council to be more certain) had not
some men hoped to prevent the latter by pro-
curement of the former as satisfaction; which
falls short of his majesty's pious intentions, cx-
pressed in that his religious Answer: And, if
with reverence, I may speak my humble

emember that,
ht, we then took

; we sought after thoughts, they do both of them, in the conclu-backing to that, as well as to many other bu

nd how to mainta
find that, of late

dgments, and emp

sion, too much encourage the worst of subjects sinesses of weight: yet was this man, shortly to hope for his majesty's best favour; too after the ending of the session, dignified with ounded by beare fairly inviting them to compound for their the sacred title of a bishop; and bishop of that gothices upon rece forfeitures; which course this house was bold see, wherein his predecessor (a grave and orto stile little less than a Toleration.- Again, thodox prelate) had laboured both by his pen is for stoppings the concourse of Recusants as yet restrain- and doctrine to strangle those errors, and to ed from the court? nay, do they not since confute Mr. Montague; as if the very ready our recess frequent it with more confidence way to obtain a bishopric now, were to underand greater alacrity? Do not their hopes mine religion, and to set the church in comdaily increase, and themselves grow more inso-bustion. Another also of his own profession, lent? Their fears are ended with the session. little better than himself, I mean time-pleasing 4thly, Is the promised watch as yet appointed Manwaring, hath also tasted extraordinary fato keep them from ambassadors houses? Had the Judges in charge to inform themselves in

by such meats, in upon us. And f this house to bes of that, which g ery good man's This we attempt

1. By that reg eased the lords

By framing a bill their last circuits, and, after their return, to

ssed both houses; en much entitle s his dues from its in defrauding h ng him of the petitioning ha pishly-affected) Ces of trust, and

vour.

function a means to seduce the king's consciThis man attempted to make his holy certify his maj. of all such papists and popishly affection from his people, to avert his mind ence, to misguide his judginent, to disjoiut his affected persons as they should find to be in from calling of parliaments; the particulars of authority? I have not heard it, and to me those his damned doctrines are yet fresh in our meare all the known effects of that religious pe- mory. What could a man have done worse? tition. 5thly, Next take we notice of the abor- For thereby he did, as much as in him lay, tion of that necessary bill against Recusants, violently to break in picces that cord, to wrest which, when we hoped it would have received in sunder that chain, which links, ties, and life and perfection by the royal assent, perish-unites the hearts and affections of the prince ed in embryo, suddenly vanished, as being too and people together. Verily, they that shall these late cruel and too unmerciful. Lastly, Considering go about thus to seduce or corrupt a prince,

peze

xamining the cas

anted forth, for the sants for their es Charen framing a the lords; not) a society of bishers der against that bis church of God. B brought to We all in, ledge, that lus my cious Answer to Darticulars, as fa raised our hores

and come too

sure.

what fruit we have reaped from that Petition deserve to be hated of all men; as much as
and Information, whereby we let his maj. those that attempt to poison a public spring or
know the particulars of such papists and po- fountain whereof all drink. For which offence
pishly affected, as were in each county in com-
mission of the peace, of lieutenancy, &c. Are
of his, he received a just, but moderate cen-
any of them since removed? No, it is well if disabled for ever holding any ecclesiastical dig-
One particular was, that he should be
their numbers be not increased.-Oh! Mr. nity in the church and although it be confes-
Pym, this breaks the hearts of all; for if God sed, that the doctor justly brought upon himn-
be God, let us follow him; and if Baal be God, self the censure of parliament, yet was this
let us follow him; and no longer halt between
two opinions: for whilst we are thus careless ed from his imprisonment, reported to have
man also, immediately after our rising, releas-
in standing for God, that we dare scarce ac-
knowledge
the honour to kiss the king's hand; obtained
our own religion, is it any marvel his pardon in folio; was preferred to a rich liv-
that God estrangeth himself from us, and willing: aud. (if some say true) cherisheth astur.