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A63022 Historical collections, or, An exact account of the proceedings of the four last parliaments of Q. Elizabeth of famous memory wherein is contained the compleat journals both of Lords & Commons, taken from the original records of their houses : as also the more particular behaviours of the worthy members during all the last notable sessions, comprehending the motions, speeches, and arguments of the renowned and learned secretary Cecill, Sir Francis Bacon, Sir Walter Rawleigh, Sir Edw. Hobby, and divers other eminent gentlemen : together with the most considerable passages of the history of those times / faithfully and laboriously collected, by Heywood Townshend ... Townshend, Hayward, b. 1577. 1680 (1680) Wing T1991; ESTC R39726 326,663 354

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particular Cabbin when the Ship was on Fire In the Afternoon A Bill for the Establishing of the Remainder of certain Lands of Andrew Ketleby Esq to Francis Ketleby was Committed and the place and time of Meeting was the Court of Wards On Monday Morning by Eight of the Clock and the Councel on both sides to be there A Bill for the more diligent Repair to the Church on Sundaies was Read A Bill for diligent Repairing to Church c. To which Mr. Bond said This Bill as it is now Ingrossed much differeth from the First which was here presented which I the better like of notwithstanding in my Opinion the Bill is altogether needless and divers Reasons move me to think it both inconvenient and unnecessary Every Evil in a State is not to be met with in a Law And as it is in the natural so it is in the politique Body that sometimes the Remedy is worse than the Disease And therefore particular Laws against particular Offences produce Novelty and in Novelty Contempt Hippedmans Miletius offered to Reward any Man Bountifully which could invent a Good and New Law But Aristotle condemneth that Policy And the best Orator Demosthenes condemneth that State which will admit of any Innovation although it be good in it self If this Bill pass there will two imputations happen to the State which Wisedom wills us both to Foresee and Shunn The First an Infamy to our Ministers that our Adversaries may say This is the Fruit of your Labour to have Preached away your Audience out of the Church The Second No less but a greater Imputation upon our arch-Arch-Bishops Bishops Arch-Dearons and other Ecclesiastical Governours that they be either remiss in their Authority or else that their Prerogative hath not so much Power as a Twelve-Pence Fine And doubtless these Imputations cannot be avoided if we give the Jesuits such Head Scope and Comfort as they in their Writings do greedily Apprehend I do conceive Mr. Speaker great difference between the Law 1. Eliz. when time was and this Law 44. Eliz. as now it is then the People were newly taken from Massing Superstition now are planted in Truth and rooted in Religion the Light did then scarce appear unto them which now shineth with Glorious Beams upon our Teachers and Ecclesiastical Judges And as the Malice of the Adversary was only kindled against them in the Beginning so is it stretched forth to put down and Flameth like a consuming Fire to devour our Doctrine These Reasons aforesaid were the Ground-Work of Osorius's Foundation in his Epistle unto Her Majesty to give Advantage to spake Evil. I will give but a Reason or two more and so end Suppose that a neglector of Church-Service comes to the Sessions there to be Examined alleadging an Excuse many businesses so concern the door not to be known that to speak Truth would be his undoing And not to speak Truth would be a Wound unto his Conscience and to say his Business were a meer Mockery and to say an untruth an Apparent Danger If this Law may stand for a Law me thinks I see what Breach of Charity will happen Say there be Forty in a Parish absent the Church-Warden presents some and not others it will be Objected unto him Wherefore should I be presented and not he my Wife my Servant my Friend and not his Will not this be a great Breach of Unity and Peace Just Prosecution will be infinitely Cumbersome and partial connivance subject to Quarrel notwithstanding this Statute we leave Power to the Ecclesiastical Judge whose course is to proceed to Excommunication and so an Excommunicato capiendo must be had this is as great a Charge as the Indictment in the Statute 1 Eliz. In this Statute a Witness or two must be brought to the Sessions He must be presented to the Grand-Jury and so Indicted This will cost Five Shillings a Noble or Ten Shillings which is as much as the Charge in the first Statute So because this Bill is Scandalous to the Clergy Scandalous to the State and Repugnant to Charity and Crambe recocta I pray it may receive the like entertainment the former Bill had viz. to be Rejected Sir Francis Hastings said I shall speak upon great Disadvantage Sir Fran. Hastings Answers him I perceive this Member of our House hath taken Studied Pains to disturb the passage of this Bill to which I shall not so well Answer because I cannot so well carry away the particulars of this Politique but not Religious Discourse If it be Religion to be Obedient at pleasure If I could be Zealous to Day and Cold to Morrow I could Subscribe to all that he hath said We cannot do a more acceptable thing to God nor a more Dutiful Service to the State than to bring Men to Fear God Religion and Policy may well stand together but as that Policy is most Detestable which hath not Religion to warrant it So is that Religion most happy that hath Policy to back and maintain it I know the Jesuits and Priests be out of square and be at Jar amongst themselves I pray God it be not to make a Breach amongst us who be yet at Unity Wit well Applied is a profitable thing but ill Applied Dangerous in whosoever doth abuse it There is no Man of Sense and Religion but thinks he is far from Religion pointing to Mr. Bond that made the Speech first He said It would be an Imputation to our Ministers That Speech was both absurd in Judgment and Scandalous in Uttering as though by the Ministers of the Word we loath to hear of our Sins or reconcile our selves unto God The Second That it was an Imputation to arch-Arch-Bishops Bishops c. I am so far from blaming their Government that I Renounce that position and am very sorry that the strength of their Authority stretcheth not so far as I could wish it did in this Point But methinks this Law should rather be a Credit to the Ministers That now we having gone to Church these Forty Three Years our selves and are so fervent in Religion desire also that others may do the like I beseech you give me leave to wipe away a Grievance which it seems the Gentleman that last spake imputeth unto me he hath made a protestation that be is no Papist I appeal to you all if I said he was And I say he is no Puritan if he be not a Papist for if there be ever a Puritan in England it is a Papist I Learned of Doctor Humfries who was sometimes my Tutor a Division of Four Sorts of Puritans 1. The Catholicks who hold a Man cannot Sin after Baptisme 2. The Papist who is such a Merit-Monger that he would not only save himself by his own Merits but by the Merits of others also A 3d. Sort are the Brownists or Family of Love A Sect too well known in England I would they never had so been The 4th and last Sort are your Evangelical
the Statute of Hen. 6. cap. is repealed A Bill against wilful absence from Church on Sundays A Bill about the Wilful Abstaining from Church was brought in Sir Francis Darcy brought this Bill in after Commitment and said Mr. Speaker Me thought I heard a strange Voice at the Committing of this Bill I hope after these Amendments For which Sir Francis Darcy pleads it will have better success at the Passing than that Voice did presage but most especially of us that are the Mouths of the most Grave and Religious Commons of this Realm by this Bill every Husband must pay for the willful absence of his Wife and Children above Twelve years of Age and Servants There is a new Proviso for having Service at home Sir Edw. Hobby said I think this Statute is an implicative Exposition of the Stat. 23. Eliz. by which every Recusant is to pay 20 l. to the Queen 〈…〉 a month for wilful absence from the Church and it hath been a doubt whether they shall pay so much for their Wives Now this Statute doth not Explain that point but only that they must pay One Shilling for their Wives c. and therefore I doubt some matter of Secret is in this Statute which is not yet known Sir George Moore said Sir George Moore to the same Bill The old Statute of 23. Reginae saith That every person that hath Goods shall pay but the Wife hath no Goods therefore she shall not pay And for any matter of Secret in this Bill I protest I know none and therefore I think it needeth no new Constructions Mr. Francis Moore said Mr. Francis Moore to the same Mr. Speaker I think the Bill intendeth not to bring any that be ill-Affected within danger of this Law or any that be within the Statute of 23. Reginae but only to punish those with the Penalty of One Shilling which though they be well addicted yet they be negligent For my own part I do so much desire the Furtherance and good Success of this Bill or any of the like Nature that he that doth not the like I would he had neither Heart to think nor Tongue to speak Mr. Martin said Mr. Martin against it upon good Consideration I do Mr. Speaker as much favour this Bill as any man doth but I would but Move one Question to the House in which I desire to be Resolved That is if they that pay their Twenty Pound a month to the Queen shall pay also their Twelve Pence a Week by force of this Statute For my part as the Law it self will not tolerate two Remedies for one Inconvenience So I can never agree in Conscience to consent to a double Remedy for one Offence Sir William Wray Sir William Wray Explains it To the Question that was propounded However the Bill now standeth this I can affirm to the House That the Intent of the Committee was That those Recusants that are able to pay their Twenty Pound should not pay this Penalty but that it should be only inflicted on the Poorer Sort. Dr. Bennet said Dr. Bennet's Observation Mr. Speaker Though I had no Meaning to speak yet I will now speak to the Objection that was last made This Law gives Life to that Statute 1 Eliz. which by reason of by Ambages Indictment and otherwise never almost had his due Execution And a Law without Execution is like a Bell without a Clapper for as the Bell gives no Sound so the Law doth no Good There are Mr. Speaker in the County where I am Twelve or Thirteen Hundred Recusants most of which this Law which we have now in hand would constrain to come to Church I mean only those of the Poorer Sort. It is a Duty in Christianity for the Father to look to his Child and for the Master to look to his Servant which because it hath grown Cold this Law will Quicken and Revive For Punishment will make them do that by Constraint which they ought to do in regard of Religion Sir Robert Cross said I would move but one Question If a Man be in the Queen's Wars Must he pay for the Absence of his Wife Children and Family This indeed is a Fault in the Bill Sir Robert Cross's Objections So if a Man be absent from Home as at London about his Law-Suits c. Mr. Carew said Mr. Speaker I will not speak against the Body of the Bill only I mislike one thing in it and that is Mr. Carew's Objections That Justices of the Peace should have this Authority They have enough already to do and therefore no reason they should meddle in Ecclesiastical Causes I think rather it were fit to be Committed into the Hands of the Parson of the Parish For it is no Policy that Justices of the Peace should have such Power over their Neighbours Mr. Browne said Mr. Speaker There is one Thing would be looked into in this Bill which cannot now be remedied Mr. Brown's Objection and that is If the Church-Wardens shall secretly keep a Kalendar and so where he should gather Twelve Pence for the Poor perhaps will take Four Pence for himself and dispense with the rest So after long Dispute it was put to the Question and the House divided The I I I were 137. and the Noes 140. The Bill rejected by 3. Voices So the Bill was Rejected but by Three Voices only One Mr. William Morris Burgess for Bewmorris informed the House That as he was coming up to London on his Way his Man was Arrested at Shrewsbury Whereupon he told the Serjeant That he was of the Parliament-House and therefore wished him to Discharge his Servant The Serjeant said He could not Discharge him but he would go to the Bayliff with him To whom when he came he likewise declared He was of the Parliament-House and therefore required his Servant To whom the Bayliff answered He could not Discharge him without the Consent of him that procured the Arrest To whom he also went and he answered the Serjeant and him Keep him fast I will not Release him until I be satisfied Then he told the Creditor That he was of the Parliament-House and therefore his Servant was Privileged Whereunto the Creditor made this Answer I care not for that keep him fast I will be your Warrant I thought good to move the House herein referring it to your Consideration And because I am willing that the Privileges of this House may be known as well afar off as here at hand I thought good to move the same Mr. Francis Moore said Mr. Speaker Methinks this Action is very Scandalous to the whole House and because it is a Cause both Extraordinary and Contemptible in my Opinion it deserves a most severe Exmplary Punishment Whereupon all the House cryed To the Tower to the Tower with them Send for them send for them Mr. Speaker said Is it your Pleasure the Bayliff and he that procured the