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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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Antient Servants who had deserved well at My Hands But the Contrary being found by Experience I am exceedingly beholding to such Subjects as would move the same at the first And I am not so Simple to suppose but that there are some of the Lower-House whom these Grievances never touched And for Them I think they spake out of Zeal for their Countries and not out of Spleen or Malevolent Affection as being Parties grieved And I take it exceeding Gratefully from them because it gives Us to know that no Respects or Interests had moved them other than the minds they bear to suffer no diminution of our Honour and our subjects Loves unto Us. The zeal of which Affection tending to ease my People and Knit their hearts unto Me I embrace with a Princely care for above all earthly Treasure I esteem my People's Love more than which I desire not to Merit That my Grants should be grievous to my People and Oppressions privileged under colour of our Patents our Kingly Dignity shall not suffer it yea when I heard it I could give no rest unto my Thoughts untill I had Reformed it Shall they think to escape unpunished that have thus Oppressed you and have been respectless of their Duty and regardless of Our Honour No Mr. Speaker I assure you were it not more for Conscience-sake than for any Glory or Increase of Love that I desire these Errours Troubles Vexations and Oppressions done by these Varlets and lewd Persons not worthy the name of Subjects should not escape without Condigne Punishment But I perceive they dealt with Me like Physitians who Administring a Drug make it more acceptable by giving it a good Aromatical Savour or when they give Pills do Gild them all over I have ever used to set the last Judgment-Day before my Eyes as so to Rule as I shall be Judged to Answer before a higher Judge to whose Judgment-Seat I do Appeal That never Thought was Cherished in my Heart that tended not to my People's Good And now if my Kingly Bounty have been abused and my Grants turned to the Hurt of my People contrary to My Will and Meaning or if any in Authority under Me have neglected or perverted what I have Committed to them I hope God will not lay their Culps and Offences to my Charge who though there were danger in repealing our Grants yet what danger would I not rather incur for your Good than I would suffer them still to continue I know the Title of a KING is a Glorious Title But assure your self That the Shining Glory of Princely Authority hath not so dazelled the Eyes of our Understanding but that we well know and remember that We also are to yeild an Account of our Actions before the Great Judge To be a KING and wear a Crown is a thing more Glorious to them that see it than it is pleasing to them that bear it For my self I was never so much inticed with the Glorious Name of a KING or Royal Authority of a QUEEN as delighted that GOD had made Me his Instrument to maintain his Truth and Glory and to Defend this Kingdom as I said from Peril Dishonour Tyranny and Oppression There will never Queen sit in my Seat with more Zeal to my Country Care for my Subjects and that sooner with willingness will venture her Life for your Good and Safety than My Self For it is not my desire to Live nor Reign longer than my Life and Reign shall be for your Good And though you have had and may have many Princes more Mighty and Wise sitting in this State yet you never had or shall have any that will be more Careful and Loving Shall I ascribe any thing to my Self and my Sexly Weakness I were not worthy to Live then and of all most unworthy of the great Mercies I have had from God who hath ever yet given me a Heart which never yet feared Forreign or Home-Enemy I speak it to give God the Praise as a Testimony before you and not to Attribute any thing to My Self For I O Lord What am I whom Practices and Perils past should not fear Or What can I do These Words She spake with a great Emphasis That I should speak for any Glory God forbid This Mr. Speaker I pray you deliver to the House to whom heartily commend Me. And so I commit you All to your best Fortunes and further Councels And I pray you Mr. Comptroller Mr. Secretary and You of My Councel That before these Gentlemen depart into their Countries you bring them All to Kiss My Hand On Decemb. 1. being Tuesday The Bill for Dreining the Fens Committed The Bill for Explanation of the Statute of 8 Reginae December 1. touching Hats and Caps brought in with Amendments The Bill to avoid Idleness and to set the Poor on Work The Bill of Llandouerer was Read and it was put to the Question I stood up to speak against it according to a Note given me by Mr. John Stephens an Honest young Gentleman of Lincolns-Inn The Effect thereof is At the Parliament 27 Hen. 8. Cap. 26. the Shires of Wales were Divided and the Land of Lour limited in Pembrook-shire At the Parliament 34 Hen. 8. Cap. 28. Caustiffan Usterloys and Laughern by the same former Act being in Pembrook-shire were by the said last Act appointed in Carmarthen Since which time the Land of Lour hath been reputed in Carmarthen-shire William Phillips of Ficton seized of the Lands of Lour and having Issue two Daughters Elizabeth being Marryed to George Owen Esquire and Mary to Alban Stepneth Esquire the said George and Alban without the Consent of their Wives and by the Constraint of Sir John Parrot Knight levied a Fine to Morgan Phillips of the said Land of Lour in Carmarthen-shire whereas it is in Pembrooke-shire So that the intent of the Bill Preferred by John Phillips he seeing his Estate void is to strengthen his Estate and to over-through the Right Title and Interest of the said George Which being shewed to the House and put to the Question the greater Voice was No No No and so the Bill was Rejected Amendments in the Bill against Blasphemous and Usual Swearing A Bill against Swearing was Read and ordered to be ingrossed To this Bill Mr. Glascock spake and said Man is made of two Parts Mr. Glascock speaks to it a Soul and a Body and there are two Governments one Imperial the other Sacerdotal the First belonging to the Common-wealth the Other to the Church Swearing is a thing Moral and toucheth the Soul and therefore fitter to be spoken of in a Pulpit than a Parliament If the God of Abraham Isaac and Jacob hath sworn That his Plague shall not depart from the House of the Swearer Why should not we seek to suppress this Vice which brings a plague which breeds Mortality that breeds Destruction Desolation and utter Ruin of the Common-Wealth If He forbid us to Swear and we fear not his Commandments
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
Arrest and the Serjeant shall be sent for And all cryed Yea. Then the Speaker said The Serjeant must go down to Shrewsbury And all cryed Yea. The Speaker gave the Clerk a Bill to read And the House called for the Checquer-Bill Some said Yea and some said No and a great Noise there was At last Mr. Lawrence Hide said To end this Controversie because the Time is very short I would move the House to have a very short Bill read Entituled An Act of Explanation of the Common-Law 〈…〉 in certain Cases of Letters-Patents And all the House cryed I I I. So after it was read the Question was to be Propounded for the Committing of it and some cryed Commit it some Ingross it At length Mr. Spicer 〈…〉 on to 〈…〉 Burgess for Warwick stood up and said Mr. Speaker This Assembly may be said to be Libera Gens and therefore I hope here is both Libera Mens and Libera Lingua Therefore Freely and Faithfully that which I know I will speak to this Honourable House This Bill may touch the Prerogative Royal which as I learned the Last Parliament is so Transcendant that the Eye of the Subject may not Aspire thereunto Far be it therefore from me that the State and Prerogative-Royal of the Prince should be tyed by me or the Act of any other Subject First Let us consider the word Monopoly what it is Monos is Unus and Polis Civitas So then the Meaning of the Word is A Restraint of any thing Publick in a City or Common-wealth to a Private Use And the User called a Monopolitan quasi cujus privatum lucrum est urbis orbis Commune Malum And we may well term this Man The Whirlpool of the Princes Profits Every Man hath Three especial Friends his Goods his Kinsfolk and his Good Name These Men may have the Two First but not the Last If I were acquainted with any of them I would wish them to lose some Goods to gain a Good Name They are Insidiosa quia dulcia They are dolosa quia dubia I speak not Mr. Speaker either Repining at her Majesty's Prerogative or misliking the Reasons of her Grants but out of Grief of Heart to see the Town wherein I Serve pestered and continually vexed with the Substitutes or Vicegerents of these Monopolitans who are ever ill disposed and ill affected Members I beseech you give me Leave to prove this unto you by this Argument Whosoever transgresseth the Royal Commission of Her Majesty being granted upon good and profitable Suggestions and also abuseth the Authority and Warrant of Her Majesty's Privy-Councel being granted unto him for the more Favourable Execution of his Patent this Man is an evil disposed and dangerous Subject But that this is true and hath been done by one Person a Substitute of a Patentee I will prove unto you The Major needs not be proved the Minor I will thus prove My self am Occulatus Testis of this Minor Et talis testis plus valet existens unus quam auriti decem The Substitutes of the Patentees for Aqua-Vitae and Vinegar came not long since to the Town where I Serve and presently staid Sale of both these Commodities unless the Sellers would compound with them they must presently to Councel-Table My self though Ignorant yet not so Unskilful by reason of my Profession viewed their Patent to see whether their Proceedings were according to their Authority and found they exceeded it in Three Points For where the Patent gives Six Months Liberty to the Subject that hath any Aqua-Vitae to sell the same this Person comes down within Two Months and takes Bond of them to his own Use where he ought to bring them before a Justice of Peace and they there be bound in Recognizance and after to be returned into the Exchequer And so by Usurpation retaineth Power in his own Hands both to Kill and Save Thus Her Majesty's Commission being transgressed both in Zeal as a Subject and Sworn-Servant to Her Majesty I hold my self bound in Duty to certifie the House thereof And also this Substitute stands Indicted as an Obstinate Recusant Yea when Her Majestys Name hath been spoken of and Her Self prayed for he hath refused to stir Hat or Lip My humble Motion therefore is That we may use some Caution or Circumspective Care to prevent this ensuing Mischief Mr. Francis Bacon said The Gentleman that last spake Mr. Bacon to the same Bill against it tossed so for and against the Bill that for my own Part not well hearing him I did not well understand him I confess the Bill as it is is but in few Words but yet Ponderous and Weighty For the Prerogative-Royal of the Prince For my own Part I ever allowed of it and it is such as I hope I shall never see discussed The Queen as She is our Sovereign hath both an Inlarging and Restraining Liberty of Her Prerogative that is She hath Power by Her Patents to set at liberty Things restrained by Statute-Law or otherwise And by Her Prerogative She may restrain Things that are at Liberty For the First She may grant non Obstantes contrary to the Penal Laws which truly in my own Conscience are as hateful to the Subject as Monopolies For the Second If any Man out of his own Wit Industry or Endeavour find out any thing Beneficial for the Common-Wealth or bring any New Invention which every Subject of this Realm may use yet in regard of his Pains Travel and Charge therein Her Majesty is pleased perhaps to grant him a Privilege to use the same only by himself or his Deputies for a certain time This is one kind of Monopoly Sometimes there is a Glut of Things when they be in Excessive Quantities as of Corn and perhaps Her Majesty gives License to one Man of Transportation This is another kind of Monopoly Sometimes there is a Scarcity or small Quantity and the like is granted also These and divers of this Nature have been in Tryal both in the Common-Pleas upon Actions of Trespass where if the Judges do find the Privilege good for the Common-Wealth they will Allow it otherwise Disallow it And also I know That Her Majesty Her self hath given command to her Attorney-General to bring divers of them since the Last Parliament to Tryal in the Exchecquer Since which Fifteen or Sixteen to my Knowledge have been Repealed Some upon Her Majesty's own Express Command upon Complaint made unto Her by Petition and some by Quo Warranto in the Exchecquer But Mr. Speaker said he pointing to the Bill This is no Stranger in this Place but a Stranger in this Vestment The Use hath been ever by Petition to Humble our selves to Her Majesty and by Petition to desire to have our Grievances redressed especially when the Remedy toucheth Her so nigh in Prerogative All cannot be done at once neither was it possible since the Last Parliament to repeal All. If Her Majesty makes a Patent or a Monopoly to any
then the private and they that carry them to give some brief Commendation of them Mr. Speaker said Who shall carry these Bills And all desired That Mr. Comptroller and Mr. Secretary Hobart would be pleased to present them Sir Walter Rawleigh brought in the Bill for Shop-Books with some Amendments One was in the Title for that it was thought to be an Imputation to Merchants And another thing I would move the House in he said and that is That there might be a Proviso for Sums under Five Pounds And because the greater part of the Committee were against it I thought fit to move it here And all the House cried No. Mr. Tate brought in the Bill touching Sir Anthony Maney to which Mr. Johnson of Grays-Inn excepted and shewed That his Wife was a Maney and though himself were far off in Remainder yet he desired the House would be pleased to except his Right for said he Nemo sapit qui sibi non sapit And therefore I presume to speak for my self And I hope the House will not give passage to the Bill Mr. Boyes shewed He was so far off as at least in the Seventeenth Degree and so the House called to the Question whether it should pass And all cried I I I. Mr. Davis brought in a Bill Mr. Davis moves in the Bill for the Painter-stainers against the Plaisterers for the Painter-Stainers for the remedy of certain Abuses done by the Plaisterers to the prejudice of that Company He shewed That this Bill was preferred the last Parliament and upon special Suit of the Citizens of London of this House the Bill was let Slip and a promise made That the Lord Mayor should finally end it betwixt the two Companies But after the same Parliament was done the Plaisterers went from their words so now the poor Men complain to you for Redress And since the beginning of this Parliament the Plaisterers are contented to enter into Bond but they will Break that too no doubt being but of small value And the Painter's Trade if it be not helped by us will go down which is the finest Trade in the World For Courtiers Knights Lords Earls Kings yea Emperours have used it They only desire to Work in Oyl as a thing incident to their Trade to make Pictures by the Life to draw Armory and Paint in Glass-work Houseing and the like Now if their be One Hundred Apprentices not Four come to the perfection of Painting by the Life and all their Trade and Gain in the other things is by the Plaisterers now usurped who are only to meddle with Loame Morter and the like yet the Painter-stainers have given them leave to use their Four Principal Colours c. Mr. Spicer said Mr. Spicer Seconds it As I wish no Man should meddle with anothers business so I wish that no Trade should meddle one with anothers Mysteries I know the Colours belong to the Painters the gross and ground-Work to Plaisterers and briefly Mr. Speaker Quam quisque nôrit artem in hac se exerceat So it was put to the Question for Ingrossing and all cried The Bill Ordered to be Ingrossed I I I. The Amendments in the Bill for Avoiding of double payment of Debts upon Shop-Books were Read Mr. Beeston shewed how good this Bill would be to keep Young Men from running too far in Debt Mr. Beeston about Book-Debts and avoiding double Payment He gave an Example of a Mercer That gave a Piece of Velvet for a Kindness done but dying Sixteen Years after the Delivery the Executor of this Man sued the Gentleman He desired to see the Book and there was Entered Delivered such a Day to such a Man so Much. The Gentleman advised with Councel what to do They told him No Remedy but to Wage his Law The Manner thereof being told him rather than he would have his Credit drawn in Question he paid it He further said They have two kind of Books the one where the Particulars be and that upon Payment is lightly Crossed The other General where the Gross Sum is and that is called The Book Dormant Out of which if you see not your Self Crossed perhaps you or your Executors may pay for it Twenty Years after It was put to the Question and the House being Divided the I I I had 154. and the Noes 88. So the I I I got it by 66. Mr. Speaker said First I am by Her Majesty's Commission Mr. Speaker gives an Account of the Queens Speech to make Report unto you of that Notable and Excellent Speech which Her Majesty deliver'd I shall deliver unto You but a Shadow of that Substance But I greatly Rejoyce that so many were there present who are well able to supply to others the True Report of Her Majesty's Speech IT pleased Her Majesty to shew In what gracious sort She accepted our Loyalty She said She Rejoyced not so much to be a Queen as to be a Queen over so Thankful a People and that God had made Her a Means to save us from Shame Tyranny and Oppression She did Accept of our intended Present which she said manifested our Love and Loyalty most graciously affirming That She was never any greedy Griper or fast Holder and what We did present She would not hoard up but Our Eyes should see the Bestowing of it For the Thanks which were yielded Her for Her great Regard of Us She willed me to return Her Thanks to You most Graciously and to tell You That Her Heart never inclined to pass any Grant but upon Suggestion that it was for the Good of Her Subjects and now that the Contrary appeared She took it Graciously that the Knowledg thereof came from Her Subjects She said She ever set the last Judgment before Her Eyes and never Thought arose in Her but for the Good of Her People If Her Grants were abused to their Hurts it was against Her Will and She hoped God would not lay their Culps and Offences to Her Charge and the Principal Members not touched And had it not been for these Her good Subjects She had fallen from Lapse into Error Those that did speak against them She thought spake out of no Spleen or Displeasure to the Grants but to deliver the Grief of their Hearts which above any Earthly Treasure She respected She said She was not allured with the Royal Authority of a KING neither did She Attribute any thing to Her Self but all to the Glory of GOD. She said The Cares and Troubles of a Crown are known only to them that Wear it And were it not more for Conscience-sake than any Desire or Want of Disposition in Her these Patentees should not escape without Condigne Punishment She desired not to Reign longer than that Her Government and Reign should be for our Good She said We might well have a Prince of more Wisdome and Sufficiency but of more Love and Affection we should never have Her Majesty deliver'd a Commandment to Mr.
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-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-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
Inform you that the Gentleman that had the Patent hath made a voluntary and willing Surrender thereof laying the same even at Her Majesties Feet which Her Majesty most Gratiously and Willingly Accepted Now my Motion is this I know their Bill is coming and that the Parliament will be short If we shall read Ours and they send Theirs this will breed Disputation perhaps Confusion and so in so good and necessary a Cause just nothing done but both neglected Therefore my desire is we may tarry for Theirs But the House would have it Read viz. A Bill against Transportation of Money Coin Plate Ordnance c. On Wednesday Decemb. 16. A Bill for the Change of the Sirnames of those that shall Marry the two Daughters and Heirs of William Waller Esq into the Name of Debden was read the first time A Bill for Relief of the Poor was Read and Ordered to be Ingrossed A Bill to make the Lands and Tenements of Edward Lucas Gentleman Deceased Executor of the last Will and Testament of John Flowerdewe Esq Deceased liable to the payment of certain Legacies given by the last Will of the said Flowerdewe and to the payment of divers other Debts owing by the said Lucas in his Life time was read and Ordered to be passed The Bill for the Appeasing of certain Controversies between Francis Ketleby and Andrew Ketleby and Jane his Wife The Substance of which is that the Matter shall be referred to Sir Robert Cecil Sir Walter Rawleigh Sir Francis Hastings Sir Edward Stafford c. And their Award to stand Good A Bill for the necessary Relief of Souldiers and Marriners was read and Ordered to be passed A Bill for the true making of Woollen-Cloth was read and Ordered to be passed with a Proviso In the Afternoon A Bill concerning Captains Souldiers and Marriners A Bill about Souldiers and Mariners c. was read the second time and by Reason of the Generality of the Bill it was much excepted against by Sir Walter Rawleigh and others Mr. Glascock said Mr. Speaker Mr. Glascock speaks to it and against Justices of the Peace I have something Touching this Bill to deliver to the House in discharge of my Conscience And I do humbly and heartily pray you all to hear me patiently and quietly without Interruption I have been observed Mr. Speaker to be an Enemy to Justices of the Peace and to have spoken Irreverently and much against them For my own part I mind now to make my last Speech for this Parliament and this Protestation withal That I never used any Irreverent Language towards those whose Honesty joyned with their Authority and make themselves Famous under the Title of Upright Justices My Speech was never uttered against them but against two sorts of Justices that have Authority at the Commission of Musters for a I within the County are Authorized Generally by the word Justices by whom I would be loath to be Yoaked or Commanded The first is the Uncircumcised Justice of Peace the other The Adultering Justice of Peace The Uncircumcised Justice Two sorts of Justices of the Peace called Vncircumcised Adultering Justices is he who from base Stock and Linage by his Wealth is gotten to be within the Commission And I call him Uncircumcised because he hath not cut off the Fore-skin of his Offences and so by his Vertue wiped away the blot or stain of Baseness in his Birth and Linage The Adultering Justice is he that is a Gentleman-Born Vertuous Discreet and Wise yet Poor and Needy And so only for his Vertues and Qualities put into the Commission This Man I hold unfit to be a Justice though I think him to be a good Member in the Common-Wealth Because I hold this for a ground Infallible That no poor Man ought to be in Authority my Reason is this he will so Bribe you and Extert you that the sweet Scent of Riches and Gain takes away and confoundeth the true Taste of Justice and Equity For the Scripture saith Munera excacant ocules Justorum and Justice is never Imprisoned and Suppressed but by Bribery And such kind of Ministers I speak of And I call him an Adulterating Justice because look how many Bribes he taketh so many Bastards he begets to the Common-wealth Then let us see whence these Justices do come and how they be made It cannot be denied but all Justices are made by the Lord-Keeper then he is in fault and none else For my own Opinion I have ever held him to be a Man both Honourable Grave and Wise so Just that never was the meanest Subject so Wronged that he ever Complained Therefore his Justice cannot be Taxed I but his Care may for he only maketh them No I may more easily Excuse him than our selves for he maketh none but such as have Certificates Commendatory from the Justices of Assize Why then they be in fault for impossible it is my Lord-Keeper should know the Quality and Sufficiency of them himself but only Per aluim in trust as by the Justices of Assize No the Gall lies not there for they neither by Reason they are not always rideing one Circuit are well acquainted with the natures of those secret Justices but when any desireth to be a Justice he getteth a Certificate from divers Justices of the Peace in the Country to the Justices of Assize Certisying them of their Sufficiency and Ability And they again make their Certificate believing the former to the Lord-Keeper who at the next Assizes puts them into Commission And thus is the Lord Keeper abused and the Justices of Assizes abused and the Country Troubled with a Corrupt Justice put in Authority The Cause comes only from the Justices themselves And who be they Even all of you here present or most of us My Suit therefore is That you will abstain from such Commendations and hold your Hands from Writing Iniquity and doing so Sinful a Deed as to Commend an unworthy Person and not to Commend a Worthy and Deserving Subject And I think this a position both true and publique that it is as great a Sin to add to the Unworthy as to detract from the Worthy And Mr. Speaker if these Men may be excepted out of the Bill I will not only be ready to go but to run forth to have so good a Law Established Then Mr. Townshend the Collector of this Journal stood up and shewed That in too much Generality there never wanted Error And so in this Bill being too General namely all from the Age of Eighteen to Sixty must appear at Musters and may be Prest no exception of any and therefore no Profession exempted It is not unknown unto you that by Profession I am a Lawyer and therefore unfit to be a Professor of the Art of War Therefore I pray that it would please the House if they would Commit the Bill to Commit it to be returned on the last Day of the next Parliament or else that as a Worthy