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 is repealed A Bill against wilful absence from Church on Sundays A Bill about the Wilful Abstaining from Church was brought in Sir Francis Darcy brought this Bill in after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
Fellow could say nothing for himself but only That he knew not Mr. Pemberton to be of the House So the Serjeant was commanded to Remove them both forth Mr. Johnson said Some we Pardon out of Discretion some out of Commiseration I think set all Parliaments together they will not match this Parliament with Numbers of Offences of this Nature and only our Impunity is the Cause Mr. Edmond Morgan said Mr. Speaker The Gentleman is a Man of good Sort Desert and Carriage And I think if he had known me to be of the House he would not have served me with a Subpoena Truly he came to my Lodging and acknowledged his great Fault and prayed me to Extenuate it I protest I think he did not know I was of the House And therefore I pray in regard of his Person and good Service done to Her Majesty his Offence may be as freely Remitted by the House as it is by Me And that it would please you All to Refer your Justice to Matters of greater Importance Which was marvellously well liked by the House Mr. Pemberton being asked What he could say whether William Mackerles knew him He answer'd I and that his Man had told him he said That he knew the said William was a very Knave And therefore he would not intreat the Favour of the House but let him have the Justice of the House Which Speech was generally misliked Mr. Fleetwood a Councellor of Grays-Inn shewed unto the House That one Holland a Scrivener by Temple-Bar and his Man had Beaten his Servant and he humbly prayed they might be sent for And the Question grew upon Dispute in the House whether this were Punishable And after upon a Precedent vouched by Mr. Roger Owen of 8 Hen. 4. touching a Knight of the Parliament coming towards the Parliament c. it was agreed That they should be sent for Mr. Kennel and Mackerles were brought to the Bar And after their Offence laid open by the Speaker he said It pleased the House to have so favourable Consideration of their Offence That they should only have but Three Dayes Imprisonment in the Custody of the Serjeant and pay his Fees Mr. Downold moved the House Mr. Downold moves to have the Queen's Message entered in the Journal First That the Gracious Message sent from Her Majesty might be written in the Books of the Records of this House As well it is worthy to be written in Gold as well as written and fixed in the True Hearts of every good Subject Secondly That the Honourable of this House would move Her Majesty and be an earnest Means of Speed lest that which is now meant indeed should by Protraction of Time be altered or perhaps not so happyly Effected Mr. Secretary Cecil said Secretary Cecil speaks to it I promised to be as Silent as I could Amongst much Speech of the Wise there wants not much Folly much more in Me. I do not Speak because I do dislike the Motion of that Gentleman that last spake but to defend the Diligence and Grace of the Queen It is no matter of Toy for a Prince to Notifie in Publick a Matter of this Weight Though the Idol of a Monopoly be a great Monster yet after Two or Three Dayes I doubt not but you shall see him Dismember'd And I do protest there is not any Soul living deserves Thanks in this Cause but our Sovereign Yesterday the Queen gave Order for the Draught of a Proclamation I had the Minutes thereof even now in my Hands You all know I went even now out of the House then I Read it and sent for him that should Deliver it to Her Hands Now What needs this new Zeal Mr. Davies said Mr. Davies Mr. Speaker I stood up before to Speak It was not much I had to say only this That which was deliver'd unto You from Her Sacred self I think to be Gospel that is Glad Tydings And as the Gospel is Written and Registred so would I have that also For Glad Tydings come to the Hearts of the Subjects This is all Sir George Moore said Sir George Moore This eating and fretting Disease of Monopolies I have ever detested with my Heart and the greater the Grievance is and hath been the more Inestimable is the Grace of Her Majesty in Repealing them And therefore to think we can sufficiently Record the same it were to hold a Candle before the Sun to dim the Light And seeing that She in Her Clemency and Care to Us hath taken the Matter into Her own Hands I wish the Matter may be no more spoken of much less proceeded in Sir Francis Hastings said Sir Francis Hastings It ought to be Written in the Tables of our Hearts Mr. Laurence Hide I think that this Gentleman that set this Motion on Foot spake out of Joy for Her Majesty's Grace and Zeal to have Performance of Her Promise In that he wish'd it might be Recorded in Paper here or in Parchment it is not to be intended but he also meant in our Hearts which remain no longer than we Live but Records remain longer and will give a Lively Remembrance in Ages to come And therefore for that part of his Motion I think it very Good and wish the Clerk may do accordingly Mr. Comptroller said Mr. Comptroller I think that he that moved first this Question exceedingly forgat himself and exceedingly detracted from Her Majesty who I know out of her abundant Grace and Favour to this House hath taken such speedy Course as hath been delivered by my Fellow-Councellour With that Affection She embraceth this House that in more Familiar than Princely sort it hath pleased Her to say Recommend me to the House with Thanks for their Promise and Care for the Common Good Mr. Speaker said Mr. Speaker My Heart is not able to conceive nor my Tongue to utter the Joy I conceive for Her Majesty's Gracious and Especial Care for our Good and Wellfare Wherefore as God said Gloriam meam alteri non dabo so may Her Majesty say in that That She Her self will be the only and speedy Agent for the Performance of our most Humble and Wished Desires Wherefore let us not doubt but as She hath been so She still will be our most Gracious Sovereign and Natural Mother unto Us Whose Dayes the Almighty God prolong to our Comforts And all the House cryed Amen On Saturday Novemb. 28. The Bill Intituled An Act for Explanation of the Statute of 39. Eliz. Cap. 6. touching Charitable Uses was Read the second time to which Mr. Tate spake and said amongst other things that That could be no Law which was contrary to the Great CHARTER of England And this was because it gave Power against the Great CHARTER which giveth Challenges to Jurors which this Law alloweth not Therefore he wished there might be a Commitment to Consider whether it were fit to be continued or repealed And the House would have appointed Monday
Bellgrave I ever took him and so still do to be a man of very good Carriage To condemn him I do not mean but I humbly Pray that a course for his Honour may be taken and the matter so handled that the Honour of the Person may be saved the Gentleman freed from further Offence and this Cause ended with good conclusion Mr. Dale said Id possimus quod Jure possimus and therefore resting in doubt herein the safest course is a Conference Mr. Tate said It is not good to utter suddain Thoughts in great matters Our Dispute may seem to have this end either to Incur the danger of our Priviledges by not regarding this Cause or to pry too neer into Her Majesties Prerogative by Examining Informations exhibited into the Star-Chamber wherefore I think we ought to be Petitioners not verbum Petitioners or at least to shew our Griess to the Lords And if by an Order from them as was alledged this Information was put in methinks in Reason a Conference were good to Examine the Cause and inform this House truly thereof Mr. Skipwith the Pensioner Mr. Skipwith for Belgrave said If I knew or did think there were any Wrong done to the Earl of Huntington I would rather be a Petitioner for this Gentleman unto him than I would be a Protector of him against him I know Mr. Belgrave wrote his Letter to my Lord and that it pleased his Honour to answer him and that he offered to follow his Honour in that sort as is fitting for a Gentleman of his Worth and rather His Honour than any mans in England This I take it may satisfy the House for Answer to the first part of the Information which containeth a Dishonour offered to the Earl For the Second which is Deceiving of the Burgesses I do assure this House they were both willing and worthy to be deceived I know they had given their Voices and desired Mr. Bellgrave to undertake it For the Wrong to this Court I hope this Court hath wisdom enough to Right it self without any Course in the Star-Chamber yet by your Favours I may say thus much That if we should Punish him for coming Indirectly to this Place we should Punish three parts of the House for none ought to be Chosen but those that be resident and sworn Burgesses of the Town Sir Robert Wroth said Sir Robert Wroth brings a precedent This matter needs not so much Dispute In the last Year of Queen Mary in the Case between Pleadal and Pleadal it pleased the Lords of the Star-Chamber Sedente Parliamento to bind the one at the Suit of the other to appear 12 days after the Parliament and this was adjudged to be an Infringment of the Lberties of this House Mr. Davis said The Information savours more of Wit than Malice and therefore I think that upon Conference with the Lords the matter may be brought to a good end I therefore humbly pray it may be put to the Question and that the Bill may be sent for out of the Star-Chamber Mr. Cary said As I take it Mr. Speaker the Course hath been that if the House hath been desirous to see any Record you Mr Speaker should send a Warrant to the Lord-Keeper to grant forth a Certiorari to have the Record brought into this House And upon view thereof perhaps this matter of Dispute would have an end Sir Francis Hastings offer'd to speak again in this matter Sir France Hastings Speakes Again Mr. Bacon interrupts him And they contend a while with reproaches but Mr. Bacon interrupted him and told him It was against the Course of the House To which he Answered He was old enough to know when and how often to speak To which Mr. Bacon Answered It was no matter for that but he needed not to be so Hot in an ill Cause To which Sir Francis replied In several matters of Debate a man may speak often so I take it is the Order He pointing to Mr. Bacon talkes of Heat If I be so hot as he Was Yesterday then put me out of doores The only thing that I would say is this I wish a Conference may be had with the Lords because the matter may be brought to some friendly end For God knows what may lie in the Deck after the Parliament and I suspect it the more because the Information is filed and no Process sued out Mr. Greenvil said I wish that in our Conference A Conference agreed by the Lords we do not neglect our Privileges and that we may be a means of Mediation So Mr. Comptroller and others were sent to desire a Conference which was agreed unto by the Lords and the time appointed to be on Thursday Morning at Eight of the Clock Mr. Speaker said I am to certifie you from the Lords of a great disorder committed by the Pages and Servants as well of the Lords themselves as of your Servants So that not only Abuse is offer'd but Weapons and Blood drawn For remedy whereof the Lords have given strict Commandment That their Servants keep peaceable and quiet Order and that neither their Pages Attendants nor Servants do stand upon the Stairs or neerer the House than the Stair-foot They desire that every Member of the House would do the like to their Servants and so expresly to Charge and Command them And I would move you That you would be pleased the Serjeant might go forth and signify so much from you unto the Company without and all said I I I. Mr. Wiseman said The disorder Mr. Speaker speaks of is now grown so great that they have their Passes and Repasses and men dare not go down the Staires without a Conductor So the Serjeant went and delivered the Message and the Abuse was well Reformed The Bill for Assuring of a Joynture to the Countess of Sussex Mr. Serjeant Yelverton Dr. Cary and Dr. Stanhop came from the Lords and Serjeant Yelverton signified the Lords Desire of a Conference in the Bill for Patents made by the Queen and Grants to her c. Which the Lords did the more Respect because it was recommended to them from the House the time appointed to Morrow Morning at Eight of the Clock the Number 20. So after they went out it was agreed They should meet with a convenient Number and then they were called in again according to the Ceremony of the House and the Houses resolution deliver'd to them Mr. Serj. Harrts said Mr. Speaker The Ancient Use hath been always to double or treble the Number The last Committee were about Sixty I think by reason they were Committees and are best informed that they should attend the Lords And so it was agreed His conceipt was Sell the great Bell to buy the little Bell a Clapper In the afternoon in the House the Bill for Fustians was to be debated but by reason the Devonshire-Men made a Faction against it after small Dispute it was put to the Question whether it
read March 1. an Act was read against Strangers born to sell forreign Wares by retail no Stranger born to do it except he hath served seven years with an Englishman in the same Trade Serjeant Yelverton HE spake concerning the Priviledges of this House Yelverton The Burgess of Misteard in Cornwall being elected the Town refused to deliver up their Indenture to the Sheriff but the Party elected made his Indenture and delivered it to the Clerk of the Crown who filed it with the rest of the Indentures returned by the Sheriff the Sheriff having indorsed it upon his Writ but this Indenture was never executed by the Sheriff nor return'd and yet this Return was held as it should seem by the Committees to be good Sir Edward Hobby THe Party outlawed is not out of his wits therefore capable Sir Edward Hobby and then he is a man able to be chosen and Idoneus to be a Burgess onely a difference may be made where the Outlawry is for a Cause Criminal and a Cause Personal as in this Cause Is this disability greater then a man outlawed may not be a Burgess as well as an Atturney to a man or as an Executor And I think it will stand with the Priviledge of the House to deliver him though he were outlawed Mr. Finch HE said he could not tell which to hold Mr. Finch or on which side to speak The book of 20 Hen. 7. doth prove that there were elected such as were attainted and that disability was taken against them The Writ to chuse a Burgess is not legalem hominem as in all places but Idoneum therefore we ought not to be so strict as if he were to be challenged upon a Jury At the Common Law Outlawries was onely for Causes Criminal as for Treason or Felony but these Outlawries in Personal Causes onely by the Statute 11 Hen. 4. not so great a difficulty as that at the Common Law On the other side utlegatus ne villen cannot be a Champion which is as a Judge to decide then à Fortiori he can be no Judge in this House Outlawry is an Attainder therefore the Party so stained is no competent Judge The great Charter is all Tryals ought to be per legales homines parum suorum the outlawed man is not of the number of Parium and so not to be a Judge Vide 8 Ed. 3. utlegatus ne puit estre c. On Friday March 2. the old Question touching an outlawed man to be a Burgess was again spoken unto Mr. Tanfield HE held Mr. Tanfield that a Person outlawed might be a Burgess He made an Exception where the difference of a Burgess grew upon matter before the Election and where after If the Exception grew after then a Burgess elected must not be out of the House If Exception be taken to this Election and this Outlawry now alleadged to disenable him the Statute of 23 Hen 6 cap. 15. will disenable most of this House for they ought to be Burgesses resident Now if this be a good Election then it follows that the Party elected is to have his Priviledge And although the Common Law doth disenable the Party yet the Priviledge of the House being urged that prevaileth over the Law Sir William Moore FIrst Sir Will. Moore he shewed that her Majesty had more cause to have Subsidies than had Hen. 8. Edw. 6. or Queen Mary for Hen. 8. Wars continued not though they were violent In his time the Wars were impulsive not defensive he had the suppression of all the Abbeys a matter of great Riches unto him he had a Benevolence and then a Subsidy paid within three months to Sir Geo. Peckham Edw. 6. had Chauntries and all the Church-plate for relief paid him Queen Mary had a Relief paid her which she never repaid But her Majesty that now is hath been a continual Defence of her own Realms and her Neighbours France and the Low Countries yet hath she repaid the Loans and hath had no such helps Sir George Carey I Speak for the Subsidy Sir Geo. Carey first answering one that hath said we must regard them and their Estates for whom we be here saying he regarded and came for them as was meet and they will more thank us for taking something from them than if we should abandon them and leave them and all that they have to the spoil of the Enemy which will be if with Forces we provide not to withstand them for eminent dangers hangs over our SPEAKERs and are intended to us this Summer The Spaniards already have sent 7000 Pistols of gold into Scotland to corrupt the Nobility and to the King 20000 Crowns now lately were dispatched out of France into Scotland for the levying of 3000 men which the Scotish Lords have promised and the King of Spain will levy 30000 men and give them all Pay Her Majesty is resolved to send Sir Francis Drake to Sea to encounter them with a great Navy wherefore this our Danger is to be prevented and these her Majesties infinite Charges supplied by us Sir Walter Rawleigh HE spake of the Subsidy not onely as he protested Sir Walter Rawleigh to please the Queen to whom he is infinitely bound above his desert but for the necessity he both saw and knew He very well discovered the great strength of the King of Spain and to shew his mightiness he told how he possessed all the world and also that his malice and ill purpose was evident to this Realm He shewed how on every side he had beleaguered us In Denmark that King being young he hath corrupted the Council and Nobility so as it was very likely he would speed himself of Shipping from thence in the Marine-Towns of the Low Countries and in Norway he hath laid in great store of Shipping in France he hath the Parliament-Towns at his command in Britain he hath all the best Havens and in Scotland he hath so corrupted the Nobility that he had promised them Forces to assist the Papists that they were ready to joyn with any forreign Forces that would make them strong to be by themselves and to resist others for as he thought there were not six Gentlemen of that Country to be of one Religion In his own Country there is all possible preparing and he is coming with sixty Gallies besides other Shipping with purpose if he goes forward and hath good success we must then have no Ships if he invade us riding at Anchor but all will be little enough to withstand him At his coming he fully resolveth to get Plimouth or at least to possess some of the Havens this Summer within our Land and Plimouth is in most danger for no Ordnance can be carried thither to remove him the passages will not give leave Now the way to defeat him was this To send a Royal Army and supplant him in Britany and to possess our selves there and to send a strong Navy to Sea and
and wished the House to advise what they would do with the Prisoners that served Sir Edmund Morgan and Mr. Pemberton with Subpoena's and shewed that they were ready at the Door to Attend. Mr. Tate said Mr. Tate speaks to their Privileges I will be bold to offer Two Precedents to this House touching serving of Subpoena's Yet first let us enter into Consideration of the Force of the Privileges we now have It is manifest and I think no Man doubteth but that heretofore the Houses of Parliament were both one without Division and That the United Body of the Parliament had the same Privileges and Jurisdictions which we now have And Though there be a Cession or Separation of the United Body yet the Privileges do still remain entire For by most Antient Records of this Realm it plainly may appear That the same Privileges serve Both Houses The First Precedent is in King Edward the First 's Dayes when the Templars had certain Tenants in the Parliament-House which were behind with their Rents and they made Humble Petition to the King That they might Distrain either their Bodies or their Goods for the same The King as it appeareth answer'd Non videtur honestum quod aliquis de Magno Parlamento nostro distringatur So that it seems we are privileged from all kind of Distress whatsoever The Second is One Bago de Clare did presume to serve a Citation upon Edmond Earl of Cornwall within Weslminster-Hall as he was going to the Parliament for which he was sent to the Tower and made to submit himself De alto basso and a Fine of Two Thousand Marks imposed upon him which he truly Paid Besides because Westminster-Hall was within the Liberties of the Abby of Westminster he was Fined One Thousand Pounds for his Contempt but by Mediation of the Bishops it was reduced to One Hundred Pounds which he also paid to the Abbot And our Use at this Day is not warranted by Precedents of Ancient Times For if a Man had been Arrested upon a Subpoena upon Notice given he should have had a Writ of Privilege which of course Her Majesty must have allowed Then he made a long Discourse upon Trewynnard and Skewish's case 35. Hen. 8. Dyer fol. 55. pl. 8. 36. Hen. 8. fo 59. pl. 17. Vide the Books Mr. Britten shewed That a Member of the House Mr. Phillips the Lawyer was served with a Privy-Seal out of the Court of Wards by one Thomas Deane servant to Mrs. Chamberlain a Widow who when he delivered the Process being told it would be taken in ill part by the House he said He cared not being told the House would punish him for it and bring him on his Knees He Answered His Mistress would bear him out and she made no doubt she should find as good Friends there as he had any Whereupon the House Ordered That she and her servant should be sent for by the Serjeant Mr. Holcroft said That many Complaints were made but none Punished many sent for but none Appeared There was a Matter complained of by one Mr. Morrice a Gentleman that had his Man Arrested at his Heels by the Bayliffe of Shrewsbury and nothing was done therein Mr. Morrice said That after the House had given Order to go he came said he unto me to Certify him of the Parties and Particulars and what he hath since done he knoweth not Mr. Roger Owen said May it please you Mr. Speaker my self being chosen for the Shire I think it my part to Speak something seeing the Burgesses for the Town neglect their Duties in not Speaking True it is that such Order was given by the House but Mr. Morrice and some others being willing to let me have the Examination of the Matter they came before me And upon Examination a Wife Examination no doubt said Mr. Secretary Cecil I found he was no menial Servant but only a Servant that brought him part of the Way and was to go no further with him towards the Parliament whereupon I think the Serjeant having some Notice staid Mr. Brown of Grays-Inn said It seems this Matter is shuffled up I humbly pray the Serjeant may be heard and all the House Cried I I I. After three Congees made the Serjeant shewed He was with Mr. Morrice and that he offered him to send one of his Men but because he was in doubt of finding him he desired some part of his Fees or Money for his Charges or Horses or else he would find Horses and get one of his Fellow-Serjeants to go because he could not well be spared from his Service if not he would for his more Expedition procure a Pursuivant to go with a Warrant under Mr. Speaker's Hand and the Honourable of the Privy-Councel ' in this House for the more speedy Passage All which Courses Mr. Morrice rejected I hope the House meaneth not that I should go or send on mine own Purse or hazard the Charge my self And therefore I hope this will be Sufficient for my Discharge And all the House Cried I I I. So no more was said of that Matter For the Speaker seemed to Favour the Cause And therefore he presently stood up and asked If the House would have the Prisoners in which Served Sir Edmund Morgan and Mr. Pemberton And all said I I I. And by this Shift the former Matter was shuffled over Christopher Kennel and William Mackerles were brought to the Bar the one for Serving Sir Edmund Morgan and the other Mr. Pemberton with a Sabpaena Christopher Kennel said Mr. Speaker and the rest of this Honourable House I am though poor a Gentleman Born and known to many in this Affembly this perhaps may be a cause to aggravate my Offence I hope there is no Man here that doth not know me and I am sure there is no Man which knoweth me but thinketh I would not willingly commit such an Offence as this is I have been sometimes though unworthy a Member of this House And I have seen and known the Justice of this House in the like Cases But Mr. Speaker if there be either Honelty or Christianity in me by the same I do protest that I knew not Sir Edmund Mergin was of the Parliament House which I think he will avouch himself And as soon as I heard it I went to Sir Edmuna's Chamber where I found him to reconcile my self and make an Attonement with him And as I was doing this Mr. Serjeant came into the Chamber and there Arrested me whose Arrest I most willingly Obeyed and do now acknowledge my self to have Offended though not Wittingly May it please you I have served Her Majesty these 18. Years in Her Wars and in all my Life I was never Trespasser in any Offence of this kind or nature I therefore do most humbly beseech you in your Wisdomes to have Consideration of the nature and circumstances of my Offence And most willingly I do submit my self to your Censures William Mackerless being a poor simple
I think it is a good Law and fit still to stand on Foot For if we lose Religion Let us lose Land too It will be a good Cause That every Man if not for Religion sake yet for his Lands sake which is his whole estate will Abandon the setting up of those Houses again because he will not part there-with therefore I think it in Pollicy fit still to stand So after long dispute till almost one of the Clock it was put to the Question Whether it shall be Repealed by the General Law of repeal and continuance of Statutes And the most voices were I I I and so it was Agreed On Tuesday December the 8th A Bill to prohibit Transportation of Ordnance An Act prohibiting the Transportation of Iron Ordnance beyond the Seas by way of Merchandize was Read Sir Edward Hobby said Sir Edward Hobby I may resemble this Bill to a Gentleman who told a Story of a Skilful Painter who had Painted a Tree standing in the midst of the Sea and the Judgment of another Skilful Painter being asked his Answer was Valde bene sed hic non erat Locus So I say this Bill is an Excellent Bill the matter Foul the request and remedy Good and Honest but this is not our mean of Redress Her Majesty in the late Proclamation took notice thereof and no doubt but she will Redress it And for us now to enter again in bringing in or allowing Bills against Monopolies it is to refuse Her Majesties Gracious Favor and Cleave to our own affections I think therefore if we will be dealing herein by Petition will be our only Course this is a matter of Prerogative and this no place to dispute it Mr. Fettyplace said I know Her Majesty receiveth yearly by Custom for the Transportation of these Ordnance Three Thousand Pounds by the Year there be four kind of Ordnance now usually Transported Mr. Fettyplace to the same Bill The first a Faulcon of the least Weight and Bore The second a Minnion a little heavier and of a bigger Bore The third a Saker of somewhat a greatter Bore And the fourth a Demy-Culvering being of the greatest Bore Now Mr. Speaker they that do Transport Ordnance do Transport in this manner If it be a Faulcon She shall have the weight of a Minnion and so if a Saker the weight of a Demy-Culvering the Reason thereof is Because when they are brought beyond Sea they will there new bore them to a greatter size as the Saker to the Demi-Culvering-Bore Besides Mr. Speaker Eight Tun of Iron Ordnance will make five Tuns of good Iron But perchance it will be Objected That if we Restrain the Transportation of Iron Ordnance they will use Brass I say under Favour That they cannot because they want Brass And again where you may furnish a Ship for 200. or 300. Pounds with Iron Ordnance you cannot furnish Her with Brass Ordnance for 1400. Pounds And it is now grown so common that if you would send Merchandise beyond the Seas in strangers Bottoms they will not carry them unless you will ballast their Ships with some Ordnance The Ordnance be carried to Callis Brest Embden Lubeck Rochel and other places All these be Confederates with Spain and friends with Dunkirk So that in helping them we do not only hurt our Friends but succour the Spaniards their Friends and our Enemies If the Queen would but forbid the Transportation of Ordnance for seven years it would breed such a Scarcity of Ordnance with the Spaniard that we might have him where we would some in that time no doubt the Sea would devour some would be taken and the Store which he now hath scattered and thereby his Force weakned They have so many Iron Ordnance in Spain out of England that they do ordinarily sell a 100. weight of Iron Ordnance for seven Duckets and an half Spanish And if the Spaniard do make it a Capital matter but to Transport an Horse or a Gennet much more ought we to have special Care herein when we shall hereby Arm our Enemies against our selves I think therefore to proceed by way of Bill would favour of Curbing Her Majesties Prerogative but to proceed by way of Petition it is a safe Course and pleasing and we ought the rather to be induced thereunto because we have already found it Successful Mr. Brown the Lawyer said There is a Law already in the point And that is 33 Hen. 8. Cap. 7. and 2 Ed. 6. Cap. 36. which prohibiteth the Transporting of Gun-metal Mr. Brown for the Bill by way of Petition And although Guns were not then made of Iron yet now they are And therefore perhaps you will say it is out of the Statute But it was lately adjudged in Worlington and Symon's Case to be clearly within the very Letter of the Law And I am sure Guns are made of Gun-metal and whosoever Transporteth Guns transports Gun-metal and it is within the danger of the Law But that which I would move is only this That we might be Petitioners to Her Majesty to revoke that Patent And then Currat Lex Sir Walter Rawleigh said Sir Walter-Rawleigh for the same I am sure heretofore one Ship of Her Majesties was able to beat twenty Spaniards but now by reason of our own Ordnance we are hardly matched one to one And if the Low-Countries should either be subdued by the Spaniards or yeild unto him upon a conditional Peace or shall joyn in Amity with the French as we see them dayly inclining I say there is nothing so much threatens the Conquest of this Kingdom or more than the Transportation of Ordnance And therefore I think it a good and speedy course to proceed by way of Petition lest we be cut off from our desires either by the Upper House or before by the short and suddain ending of the Parliament Mr. Cary said Mr. Cary for the same by Bill We take it for an Use in the House That when any great and weighty Matter or Bill is here handled we straight-ways say It toucheth the Prerogative and that must not be medled withal and so that we that come here to do our Countries Good bereave them of that good help we may justly Administer unto them Mr. Speaker Qui vadit planè vadit Sanè Let us lay down our Griefs in the Preamble of the Bill and make it by way of Petition and I doubt not but Her Majesty being truly informed of it will give her Royal Assent Mr. Secretary Herbert said The making of Armentaria Secretary Herbert for proceeding by Petition to prohibit Ordnance is a Regality only belonging to the Power of the King and Crown of England and therefore no man can either Cast or Transport without License It stood perhaps with the Policy of former times to suffer Transportation But as the times alter so doth the Government and now no doubt but it is very hurtful and pernitious to the State And therefore I
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
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 the 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 Esq a Member in those Parliaments The like never Extant before LONDON Printed for T. Basset W. Crooke and W. Cademan at the George in Fleetstreet at the Green Dragon without Temple-bar and at the Popes-head in the New Exchange 1680. THE PREFACE TO The Reader THE whole Reign of our Renowned Queen Elizabeth was such a Series of admirable Events such a Pattern of wise and honest Counsel and steady Conduct such an age of hellish Plots and secret Conspiracies by the Papists on the one hand and such prudent Circumspection Female Courage and Zeal and happy Deliverances on the other that no History can deserve to be more minutely described than the Affairs in her time And though many famous Pens have already travelled therein and given us a fair prospect of her actions the subtile Contrivances and open Force of her Enemies against her sacred Life Government and the true Protestant Religion and the many providences and more than humane success which blessed and crowned her days yet we never had so full an account of her last Parliaments as is comprehended in this Volume especially so curiously as the very last is collected by Mr. Townshend a worthy Member in that Session who hath so faithfully done it that it is thought very fit even after so long an Interval to appear in publick There have been many excellent persons of the greatest abilities and worth who though they had not the ambition to struggle to be chosen into the House and were well acquainted without-doors with all the most important passages within have yet often wished they might have had the liberty of sitting there but a few days onely to observe the behaviour methods and tempers of Men so assembled and be an eye-witness how things are managed and passed there Now in this Relation there is so particular and exquisite an Account that such may even satisfie their curiosity in those very Circumstances For this is not onely the Journal-Book of what is entered upon Record but in the last Session especially there are all the particular Speeches Motions Arguments nay and the very behaviour of every one in that grand Assembly and all so painted to the life that to a considering Reader it is almost the same thing as if he had been present with them all the while Here you will finde that the Grievances they laboured to have redressed were very considerable their Arguments rational and strong though finely adorned which will be easily believed when we know the famous Secretary Cecill Sir Francis Bacon Sir Walter Rawleigh and many other solid States-men were fellow-Members in this illustrious Assembly whose Speeches alone are as I should guess a sufficient Invitation to any one that has but heard of them in our English world to know how they behaved themselves in that House of Commons which that you may do I shall make no further Preamble but conduct you into the Work it self Farewel ADVERTISEMENT ☞ That long-expected Work of Dr. William Howell's now Chancellor of Lincoln entituled The General History of the World in two Volumes in Folio the first reprinted with very large Additions and the second never before printed being a most exact History is finished Printed for T. Basset W. Crooke and W. Cademan An exact and perfect Journal of the Passages in the Vpper House of Parliament 31 Eliz. holden at Westminster Anno xxxj o Reginae Eliz. Annoque Dom. 1588. which began there Feb. 4. and then and there continued until the Dissolution thereof which was on March 29. Anno Dom. 1589. THE Queens Majesty soon after that her wonderful and glorious Victory which God Almighty had given her Navie over that vainly-stiled Invincible Armado sent against her Realm of England by the King of Spain Queen summons a Parliament soon after the defeat of the Spanish Invincible Armado summon'd this her High Court of Parliament to begin on Tuesday the 12th day of November that present year 1588. and in the 30th year of her Reign that so by common Advice and Councel she might prepare and provide against the inbred malice of that Prince and Nation But other occasions of great importance requiring the deferring of the said Assembly her Majestie prorogued the same to a further day in manner and form following MEmorandum The Queen prorogues the Parliament from the 12th of Nov. to the 4th day of Feb. Whereas the Queens Majestie by her Writ summoned her Parliament to begin and be holden at Westminster this present Tuesday the 12th of November 1588. her Highness for certain great and weighty Causes and Considerations her Majestie specially moving by the advice of her Privie Council and of her Justices of both her Benches and other of her Council learned did prorogue and adjourn the said Parliament until the fourth day of February next by vertue of her Writ-Patent sealed with the Great Seal and bearing date the 15th day of October last past Whereupon at this said 12th day of November the Archbishop of Canterbury Sir Christopher Hatton Lord Chancellor William Lord Burghley Lord Treasurer The Earl of Huntingdon the Bishop of London and three other Barons repaired to the Parliament-chamber commonly called the Vpper House and there in the presence of the Knights Citizens and Burgesses summoned to the said Parliament declared That her Highness for divers good Causes and Considerations her specially moving by her Highness's said Writ had prorogued the said Parliament from the said first summoned day An. 1588. until the fourth day of February next Whereupon the Writ for the said Prorogation in the presence of all that Assembly was openly read by the Clerk of the Upper House in haec verba ELizabetha Dei gratia Angliae Franciae Hiberniae Regina Fidei Defensor c. Praedelectis Fidelibus nostris Prelatis Magnatibus Proceribus Regni nostri Angliae ac dilectis fidelibus nostris Militibus Civibus Burgensibus dicti Regni nostri ad praesens Parliamentum nostrum apud Civitatem nostram Westm duodecimo die Novembris prox futurum inchoandum tenendum convocatis electis vestrum cuilibet salutem Cum nos pro quibusdam arduis urgentibus negotiis nos statum desensionem dicti Regni nostri Angliae Ecclesia Anglicana concernentibus dict Parliamentum nostrum ad diem locum praedict teneri ordinavimus
made amongst the Lords for the Poor and it was this day moved by the Lord Archbishop of Canterbury that the like Collection might be made at this time it was upon this Motion ordered by the House That there should now be such a Collection made and that the Lord Bishop of Chichester the Lord Bishop of Peterborough the Lord Zouche and the Lord Rich should be Collectors of the same after such Rates as have been usually given and bestowed by the Lords for the said charitable purpose as in former Parliaments and they to take order for the distribution of it On Thursday Decemb. 17. the Bill for the relief of the Poor was read secunda vice It was ordered That Edward Thomas of the Middle-Temple should be presently sent for and brought before the Lords in the House for that contrary to the Priviledge of the House he hath caused one Thomas Gerrard Gent. to be arrested And it was likewise ordered That such persons as made the Arrest or did assist in doing the same shall likewise be sent for by the Serjeant at Arms to answer their doings therein The Bill for the necessary relief of Souldiers and Mariners was read secunda vice Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for assurance of certain Mannors and Lands for part of a Joynture to Lucy Countess of Bedford was expedited Two other Bills had also each of them one reading of which the second being the Bill for reformation of deceits and frauds in certain Auditors and their Clerks in making deceitful and untrue Particulars was read tertia vice and sent to the House of Commons by Dr. Carewe and Dr. Hone. The Bill was brought back from the House of Commons entituled An An for confirmation of Grants made to the Queens Majesty and of Letters-Patents made by her Highness to others and expedited The Bill for confirmation of the Subsidy granted by the Clergy was returned from the House of Commons and was expedited The Bill concerning the Assize of Fewel was read tertia vice and expedited Dominus Custos Magni Sigilli continuavit praesens Parliament usque ad horam secundam post meridiem instantis diei About which hour the Lord Keeper and divers other Lords assembling five Bills had each of them one reading of which the second being the Bill for strengthening of the Grants made for the maintenance and government of the house of the Poor called St. Bartholomew's Hospital of the foundation of King Hen. 8. was read secunda vice The Bill for recovery of many hundred thousand acres of Marshes and other Grounds subject commonly to surrounding within the Isle of Ely and Counties of Cambridge Huntington c. was read tertia vice and expedited Upon the third reading of this Bill it was moved that certain Additions might be put in the title of the Bill and Amendments in some points in the body thereof and the Lord Chief Justice and Mr. Atturney-General were required to draw the same which was done presently by them and presented to the House Whereupon the said Additions and Amendments were thrice read and then sent to the House of Commons for their consideration of the same by Mr. Atturney and Dr. Hone who returned presently from the House of Commons with their allowance of the said Amendments and Addition in the title of the Counties of Sussex Essex Kent and the County Palatine of Durham Three other Bills had also each of them one reading of which the last being the Bill to make the Lands Tenements and Hereditaments of Edward Lucas Gent. deceased Executor of the last Will and Testament of John Flowerdew Esq deceased liable c. was read secunda vice Conference was desired by the House of Commons with some of their Lordships about the Bill sent to them this day concerning the reformation of deceits and frauds of certain Auditors c. The Conference was yielded unto and appointed to be presently at the outward chamber neer the Parliament-presence On Friday Decemb. 18. four Bills had each of them one reading of which the last being the Bill for her Majesties most gracious general and free Pardon was read prima vice and sent to the House of Commons by Mr. Atturney-General and Dr. Stanhopp Memorandum That whereas a Bill hath been presented to the High Court of Parliament by the Company of the Mystery or Trade of Painters making thereby complaint against the Company of Plaisterers for and concerning certain wrongs pretended to be done to the said Painters by the Company of Plaisterers in using some part of their Trade of Painting contrary to the right of their Charter as is pretended and humbly seeking by the said Bill reformation of the said wrong Order of the House about the dispute between Painters and Plaisterers And whereas the said Bill passed not the Upper House of Parliament for just and good reasons moving the Lords of the Higher House to the contrary yet nevertheless the said Lords of the said Upper House have thought it meet and convenient that some course may be taken for reformation of any such wrong as may be found truly complained of and fit to be remedied and for setting some good agreement and order for the said Painters and Plaisterers so as each sort of them might exercise their Trade conveniently without incroaching one upon the other It is therefore ordered by the said Court of the Upper House of Parliament That the said complaint and cause of the said Painters which proceeded not in Parliament shall be referred to the Lord Mayor of London and the Recorder of London to be heard and examined adjudged and ordered as in Justice and Equity shall be found meet And that at the time or times of hearing of the said Cause the Lord Chief Justice of England the Lord Chief Justice of the Common-Pleas Mr. Justice Gawdy and Mr. Baron Clarke and Mr. Atturney-General or any four three or two of them shall assist and give their help for the making and establishing of some good Order and Agreement between the said two Companies And that the said Parties Complainants and also the Company of Plaisterers shall observe and keep such Order as the said Mayor the Lord Chief Justice of England the Lord Chief Justice of the Common-Pleas Mr. Justice Gawdy Mr. Baron Clarke Mr. Atturney General and Mr. Recorder of London or any six five four or three of them whereof the Lord Mayor the Lord Chief Justice of England or Lord Chief Justice of the Common-Pleas shall be two shall be set down and prescribed Memorandum That whereas William Crayford of Mongham in the County of Kent Gent. was this day brought before the Lords in the Upper House of Parliament to answer an Information made against him That he had procured and suborned his Son William Crayford to lay sundry Executions and Outlawries on William Vaughan Gent. servant to the Earl of Shrewsbury contrary to the Priviledge of the
liberty of Priviledg to all the Members of this House and their Servant And lastly if any mistaking of any Message delivered unto him from the Commons should happen that her Majesty would be pleased to attribute that to his weakness in delivery or understanding and not to the House As also any forgetfulness through want of memory or that things were not so judicially handled or expressed by him as they were deliver'd by the House To which after the Queen had spoken to the Lord Keeper again the Lord Keeper spake in effect as followeth Mr. Speaker her Majesty doth greatly commend The Lord-Keeper replies by the Queens Order and like of your grave Speech well divided and well contrived the first proceeding from a sound Invention and the other from a setled Judgment and Experience You have well and well indeed weighed the state of this Kingdome well observ'd the greatness of our puissant and great Empire the King of Spain the continual and excessive charges of the Wars of Ireland which if they be well weighed do not only shew the prudence of our gratious Soveraign in defending of us but also the greatness of the charge continually bestowed by her Majesty even out of her own Revenues to protect us and the exposing of her Majesties self to continual troubles and toilesome Cares for the benefit and safety of her Subjects Wherefore Mr. Speaker it behoveth us to think and say as was deliver'd by a great man lately in a Concilio ad Clerum opus est subsidio ne fiai exitum or as I think excedium Touching your other Requests First For freedom of Speech her Majesty willingly Consenteth thereunto with this caution That the matter be not spent in Idle and Vain matters Painting out the same with Froth and Volubility of words And her Majesty Commandeth That you suffer not any Speeches made for Contention or Contradiction-sake maintained only by a Tempest of words whereby the Speakers may seem to get some reputed Credit by imboldning themselves to maintain Contradiction and on purpose to trouble the House with vain and long Orations to hinder the Proceedings in more weighty and greater Importance Touching Access to her Person she most willingly granteth the same desiring she may not be troubled unless urgent and matters of great Consequence compel you thereunto For this hath been held for a wise Maxime In troubling great Estates you must trouble seldome For Liberty unto your selves and servants her Majesty hath Commanded me to say unto you all That she ever intendeth to preserve the Liberty of the House and granteth Liberty to the meanest Follower of the meanest Member of this House But her Majesties Pleasure is you should not maintain and keep with you notorious Persons either for Life or Behaviour As desperate Debtors who never come abroad fearing her Laws but at these times Petty Foggers and Vipers of the Common Wealth prouling and common Solicitors that sets Dissention between man and man and men of the like Condition to these These her Majesty earnestly desireth a Law may be made against as also that no Member of this Parliament would entertain or bolster up any man on the like Humor or Quality on pain of her Highnesses Displeasure For the Excuse of the House and your self Her Majesty Commandeth me to say That your Sufficiency hath so often times been approved before her That She doubteth not of the Sufficient Discharge of the Place you shall serve in Wherein she willeth you to have a special Eye and Regard not to make new and idle Laws and trouble the House with them But rather to look to the Abridging and Repealing of diverse obsolete and superfluous Statutes As also First To take in hand Matters of greatest Moment and Consequence In doing thus Mr. Speaker you shall fulfil her Majesties Commandment do your Country good and satisfy Her Majesties Expectation Which being said the Speaker made three Reverences to the Queen Then the Lord Keeper said For certain great and weighty Causes Her Highness's Pleasure is the Parliament shall be Adjourned until Friday next Which Speech was taken to be an Adjournment of the Lower House but it was not so meant wherefore the Lower House sate the next day being Saturday morning So after some room made the Queen came through the Commons to go into the Painted-Chamber who graciously offering her Hand to the Speaker he kissed it but not one word she spake unto him neither as she went through the Commons few said God bless your Majesty as they were wont in all great Assemblies And the throng being great and little room to pass she moved her Hand to have more room whereupon one of the Gentlemen Ushers said openly Back Masters make room And one answered stoutly behind If you will Hang us we can make no more room which the Queen seemed not to hear though she heaved up her Head and looked that way towards him that spake After she went to White-Hall by Water Saturday Octob. 31. I was not there thinking the House had not sare till Thursday but I heard there was a motion made for the maintenance of the Priviledges of the House and to have a Committee for it which was appointed on Thursday at one of the Clock in the Afternoon And two Bills were Read one against Drunkenness another that no Bishop nor Arch-Bishop may make any Lease in Remainder or Reversion until within three Years before the expiration of the former Lease This Day the Prayer was brought into the House which was appointed every Morning to be Read during the sitting of this Parliament amongst other Prayers by a Minister appointed for that purpose The COPY of the PRAYER OH Eternal Almighty and ever Living GOD A Prayer to be used Every Morning in the House of Commons which hast made the Eye and therefore seest which hath framed the Heart and therefore understandest from whose only Throne all Wisdome cometh Look down upon us that call upon Thee bow down thine Ear and hear us open thine Eyes and behold us which in the Name of thy Son and our Saviour do lift up our Hearts unto Thee Forgive us O Lord forgive us all that we have done amiss in Thought Word or Deed. Forgive us our negligences forgive us our unthankfulness make us mindful of thy Benefits and thankful for all thy Mercies Thou that seest the Hearts and searchest the Reins and beholdest the utmost parts of the World try and examine our Hearts and guide us in thy ways knit our Hearts unto Thee that we may fear thy Name Let us ever fear this Glorious and Fearful Name The Lord our God Let all that despise Thee feel thy Judgments Let all Men know it is a fearful thing to fall into the Hands of the Living God Let thy Mercies always prevent us and compass us about In all our Ways Words and Works let us set Thee always before our Eyes Remove from us all vanity and hypocrisy Let thy Truth always
the Poor as well as the Rich not to be Exempted Sir Walter Rawleigh said Sir Walter Rawleigh I like not That the Spaniards our Enemies should know of our Selling our Pots Pans to pay Subsidies well may you call it Policy as an Honourable Person alleadged but I am sure it Argues Poverty in the State And for the Motion that was last made Dulcis tractus Pari Jugo Call you this Par jugum when a poor man payes as much as a Rich And peradventure his Estate is no better than it is set at or but little better When our Estates that are Three or Four Pounds in the Queens Book it is not the Hundredth part of our VVealth therefore it is neither Dulcis nor Par. Mr. Secretary Cecil said Secretary Cecil That now seeing one of the weightiest Matters and Causes of Calling of the Parliament was agreed upon he doubted not but we should have a quick Parliament and speedy Payment But for that Gentleman that said on my right Hand Mr. Francis Moore That the Subsidy was the Alpha and Omega of this Parliament I think he spake it not simply out of Humour but rather upon Probability For I can assure you her Majesty is so Respective over you touching her Laws which she desireth may be perused and amended That she meaneth not to Dissolve this Parliament until something be mended For that I said touching the Spaniards knowing of the sale of our Pots and Pans which should be a matter of Policy to which the Gentleman on my left hand Sir Walter Rawleigh took exceptions I say it 's true and yet I am mistaken For I say it 's good the Spaniards should know how willing we are to sell our Pots and Pans and all we have to keep him out Yet I do not say it is good he should know we do sell them that is I would have him know our willingness to sell though there be no need but not of our Poverty of selling or of any necessity we have to sell them which I think none will do neither shall need to do Then all the House cried No No as much as to say no man did so Sir Arthur Gorge Moved Sir Arthur Gorge That it would please the House that order might be taken that Justices of the Peace might be Assessed according to the Statute viz. at Twenty Pound Land where there be few Justices that are above Eight or Ten Pound which Mr. Secretary Cecil Noted in his Tables Then Serjeant Heale stood up and made a Motion saying Mr. Speaker I do marvail much Serj. Heale speaks to some purpose that the House will stand upon Granting of a Subsidy or the Time of Payment when all we have is Her Majesty's and She may lawfully at her Pleasure take it from us Yea She hath as much Right to all our Lands and Goods as to any Revenue of Her Crown At which the House Hummed and Laughed and Talked He is Hum'd and Laugh'd at Well quoth Serjeant Heale all your Humming shall not put me out of Countenance So Mr. Speaker stood up and said It is a great Disorder The Speaker puts them in mind of the Orders of the House that this should be used for it is the Antient Use of this House for every Man to be Silent when any one Speaketh and he that is Speaking should be suffer'd to deliver his Mind without Interruption So the said Serjeant proceeded Heale proceeds They Hum again and when he had spoken a little while the House Hummed again and he sate down In his latter Speech he said He could prove his former Positions in the Time of Henry the Third King John King Stephen c. which was the Occasion of their Humming Mr. Mountague of the Middle-Temple said Mr. Mountague shews him his Mistake There were no such Precedents And if all the Preambles of the Subsidies were looked upon he should find that it was of Free-Gift And although Her Majesty requireth this at our Hands yet it is in us to Give not in Her to Exact of Duty And for the Precedents there be none such But touching a Tenth Fleece and a Tenth Sheaf of Corn that was granted to Edward the Third at his Going to the Conquest of France because all the Money then in the Land to be Levied by way of Subsidy would not be any wayes able to Raise that vast Sum he desired So having these Tenths he sold them to private Men and so raised Money to himself for his Enterprize After this the Speaker appointed the Committees for drawing of the Subsidy-Bill all to hasten it and so the House arose On Tuesday November 10. The Bill was read for shortening of Michaelmas-Term The Substance of the Bill is A Bill to shorten Michaelmas-Term That whereas the Term begun the Nineth of October it should begin the Twenty Third of the same Month. A Bill for avoiding of Trifling and Frivolous Suits in Her Majesties Courts at Westminster was read the first time It was put in by the Queen's Attorney-General A Bill for to Restrain the Multitude of Common Sollicitors read prima vice A Bill for the Denization of certain Persons was presented and it was made in the manner of a Petition The Beginning whereof is To the Queen 's most Excellent Majesty The Speaker at the Reciting of the Bill began thus This is an Humble Petion of c. wherein they humbly desire to be made Denizons and made Inheritable and of Ability to Sue and implead as other Natural-Born Subjects of this Realm are The first time of Reading A Bill against Blasphemous Swearing A Bill against Blasphemous Swearing It was put to the Question for the Commitment and not one No. Appointed at the Temple-Hall on Saturday with the Bill against Drunkenness A Bill for Consolidating and Uniting of certain small Churches in Exeter into one read One spake against this Bill who was the Bishop's Servant of Exeter and shewed how the Patron of one of the Churches took a piece of the Church-Yard to make a Jakes Mr. Martyn of the Temple Mr. Martyn answered him Protesting he meant not to speak but seeing the General Voice of the House seemed to be carryed away with the Bill and himself Born in the Town he could not but speak against such a Man as he that last spake who spake more for his Master's Benefit than for God's Honour He certified divers things which he that spake first untruly spake And wished that the Gentleman Serjeant Heale that had Yesterday so much flattered his Prince were now here to do God and his Country good Service by setting forward so good a Bill Whereupon he prayed it might be Committed which was done accordingly and the Committees to meet in the Middle-Temple-Hall The Person that Arrested Mr. Cook 's Man was brought in who after a sharp Speech delivered by Mr. Speaker shewing that he had committed an heinous Offence to Arrest any
Part of the Artificial Body but of Us the General Body when he hath his Free Voice as though he had never spoken before Then the Speaker stood up and said I will propound two Questions The First If when a man hath spoken against the Body of a Bill Speaker puts two Questions about the former Controversy he may be a Committee The Second If any Committee speak against a Bill at the Commitment yet whether he may speak again and have his free Voice Now quoth he I will propound the first Question All that will have a man that hath been against the Body of the Bill to be a Committee let them shew their Opinions by saying Yea. And not one said Yea. All that will not say No. And all said No. So he did for the second Question And not one said No but all Yea. Then he put it to the Question Whether they of London notwithstanding this Order in respect this Commitment so greatly concerned the State should be Committees And the Yeas were greater than the Noes Then he put it to the Question Whether the Two aforesaid Rules should be Entred for Orders of Record And all said Yea. On Thursday Novemb. 12. A Bill was Read for Confirming of Letters Patents made by King Edward Six to Sir Edward Seymor Knight A Bill for the Explanation of the Statutes made 3 4 5 Edv. 6. against Buyers of Butter and Cheese to sell again and against Ingrossers and Forestallers A Bill against the unlawful Hunting and Stealing of Deer in the Night-time was Read the first time A Bill for the Redressing of certain inconveniencies in a Stat. 21 Hen. 8. Cap. 13. Intituled An Act against Plurality of Benefices for taking of Farmes by Spiritual men and for Residence This Bill was drawn by Robert Eyre of Lincolns-Inn That the Proviso of that Statute might be Repealed A Bill for avoiding Frivolous Sutes in Court at Westminster To which Bill one Lashbrook an Attorney spake and shewed the Inconvenience of Scriveners being Atturnies and practising in their Names The Bill against Fraudulent Administration of Intestates Goods after Ingrosment Read and passed The Bill of VVrits of Error also Read after Ingrosment Passed VVhilst there were divers Disputes of this Bill Mr. Fleming the Queen's Solicitor took the Bill to look a word in it after he had done and laid it on the Board One Mr. Brown Clerk A Rule in the House about Bills Comptroller to the Queens Houshold stood up and said Mr. Speaker You should after a Bill is ingrossed hold it in your Hand and let no Man look into it which was confessed by all And so the Speaker took it The House was moved to send these two Bills to the Lords and they Chose Mr. Comptroller and he accompanied with divers others went with them and returned within half an hour The Bill for the Denization of certain Persons viz. Will. Millet Ann Pope George Chandlor Peter Eaton Nicholas Eaton Nicholas Taylor and others Denization of certain Persons was Read the second time and put to the Question to be Ingrossed And all said Yea and there was not one No and never Committed The Bill for Erecting of a Haven or Key on the North-part of Devon on the River of Severn The Officer that Arrested Mr. Cook 's man was brought to the Bar and upon his Submission after a sharp Exhortation was dismissed paying the Serjeant's Fees A Bill for Confirmation of Grants made to the Queens Majesty and of Letters Patents made by Her Majesty to others Read Secunda Vice and then it was Committed On Friday Novemb. 13. The Bill against the Covetousness of Butchers for Buying and Ingrossing of Lambskins out of Markets and Fairs And a Bill against Pedlars Petty-Chapmen and Hawkers A Bill against Hawkers c. And a Bill for Cloath-workers And a Bill against wilfull Absence from Church on Sundays which Bill Sir Rob. Wroth preferred The Effect whereof is for the better gathering of One Shilling for every Absence which is given by the Stat. of 1 Reginae and the Statute is limited to indure the Queens Reign which was greatly whispered at and Observed in the House The Bill for matters concerning Assurance used amongst Merchants being moved for a Commitment and put to the Question there was not one No. Sir Hugh Beeston stood up in the lower end of the House and said Sir Hugh Beeston We that be here cannot hear you that are above I would it would please them that speak there to speak Louder Also I am to Certify that I am here for a Town but not in mine own Countrey Denbyshire or for any part thereof but if I should not speak something in behalf of my Country I dare not go thither again Therefore I heartily beseech you A Motion about a new Writ Mr. Speaker that the House may be Resolved what course is taken according to the Order of the House for the Election of a Knight and Burgess for they can not but find themselves greatly grieved for want of the Election but what is done I know not Mr. Secretary Cecil said Secretary Cecil reports Because I am the Reporter of the Election as also of the Proceeding I will now also Certify you that there was Order taken for the sending out of a new Warrant for the Election but what is done therein I also know not Mr. Speaker said Mr. Speaker gives Account of it I gave Warrant to the Clerk of the Crown according to the Antient Form to send forth a new Writ who answered me That the Lord Keeper desired to have the Warrant directed to him to have a new Writ and for his Warrant for Sealing thereof So that nothing is done therein in until the Pleasure of the House be known Sir Edward Hobby said There is no Court that doth not observe its Rights and follow its Privileges Sir Edward Hobby Speaks to it Much more this High Court of Parliament being the Greatest and Commander of all other Courts doth and ought to Observe the same most strictly And all the Precedents that I have seen touching this Point have ever gon to the Clerk of the Crown and no other And therefore I take it that that Course ought inviolably to be Observed Sir George Moore said Sir George Moore c. I agree with the Gentleman that last spake That Precedents ought to be Observed yet to be altered upon urgent Occasions or by necessity of time Knowing this I take it as my duty to Inform you if any alteration hath been it proceeded from imperfection of the Speaker It was well Observed by an ancient Member of this House who is now with God that no Conference with the Lords touching a Subsidy should be had yet that Rule hath been altered in late Parliaments by reason of special Causes So I do think it would be more Honour to this House to direct a Warrant to the Lord-Keeper than to an Inferiour Minister
Parts of it may be Amended to every ones Satisfaction Mr. Lock said Mr. Lock seconds him Mr. Speaker I think bare Silence is not an Exoneration of a Man's Conscience The Similitude of Offices and Benefices made by the Doctor doth not hold under Favour For Non est incipiendum cum Laicis sed incipiendum a domo Dei Therefore if They begin first We shall follow in avoiding of Pluralities Dr. James said Dr. James against it That it had been said That Pluralities were the Cause of bringing in Corruption into the Church But for that under Favour said he I think the contrary because Corruption is commonly where Poverty is But if Competent Living be given to the Minister I see no Reason why Just Men should judge that to be Corruption Secondly It was said That it would be a Means that Preaching would be more frequent For that I answer That if Hope of Competent Living be taken away it will be a means to make the best Wits resuse the Study of Divinity And therefore an Historian said well Sublatis pramiis corruunt Artes. Consider besides That in England there are not above Eight Thousand Eight Hundred and odd Parish-Churches Six Hundred of which do but afford Competent Living for a Minister What then shall become of the Multitude of our Learned Men They have no other Preferments unless it be to get some Deanary Prebendary or such like which is no easie matter to do they being so few especially in this catching Age. To give the best Scholar but as great a Proportion as the Meanest Artizan or to give all alike there is no Equality For Inaequalibus aequalia dare absurdum And this will breed Poverty in the greatest Learned which is the Mother of Contempt A Thing both Dangerous and Odious unto Divinity This must needs make Preachers preach placentia which is a Thing abhorred even of God Himself A Preacher which is no Ordinary Person ought to have an Extraordinary Reward For the Canon saith He must be Ad minimum Artium Magister aut Publicus aut idoneus verbi Divini Concionator Mr. David Walterhouse said Mr. Speaker Because Mr. Walterhouse for the Bill my self am an Officer I mean only to speak to the Doctor 's Similitude of Pluralities of Offices By the Common-Law an Officer shall forfeit his Office for Non-Attendance So for a Benefice the Incumbent shall also forfeit But after the Statute came which made this Toleration upon Eighty Dayes Absence So that now if we set this Statute at liberty again this shall be no Innovation in us but a Renovation of the Common-Law I will end only with this Caution to the House That commonly the most Ignorant Divines of this Land are double Beneficed Serjeant Harries said Serj. Harries gives the House a Caution not to meddle in it We seem to Defend the Privileges and Customs of the House But if we proceed to determine of this Bill Mr. Speaker we shall not only infringe a Custom which we have ever observed viz. To medle with no Matter which toucheth Her Majesty's Prerogative but also procure Her great Displeasure Admit we should determine this Matter yet Her Majesty may grant Toleration Non Obstante And Mr Speaker the Last Parliament may be a Warning unto us when the like Bill was by us Preferred and the same not only Rejected but also Her Majesty commanded the Lord-Keeper to tell us That She hoped hereafter we would not meddle in Cases of this Nature so nearly touthing Her Prerogative Mr. Martin said I agree with him who said Mr. Martin Learning should have her Reward But I say more Our Souls should have their Spiritual Food And I do wish that Divines may have Promotion not only with good Convenience but also with good Abundance Though I be Zealous yet I hope to Refrain and Restrain my self from that Heat which the Heat of my Zeal and Love of my Country drave me into very lately for which I do not only acknowledge my self Guilty in your Censures but also crave Pardon of every particular Member of this House that heard me But most especially of him I offended So he spake to the Bill Vide His Words spoken in Heat to the Bill of Exeter Novemb. 10. After him an Old Doctor of the Civil-Law spake but because he spake too Long and too Low the House Hawked and Spit An old Doctor speaks so Low and so Long the House Hawk and Spit to make him end Sir Francis Hastings dislikes their Noise and moves against it He speaks to the Bill to make him make an End Which Speech finished Sir Francis Hastings stood up and said My Masters I utterly mislike this strange kind of Course in the House It is the Antient Usage that every Man here should speak his Conscience and that both Freely and with Attention Yea though he speaks never so Absurdly I beseech you therefore that this Way may be amended and this Troubling of any Man in his Speech no more used But to the Matter Mr. Speaker I protest that which I shall Speak I will Utter unto you All out of the Conscience of a Christian Loyalty of a Subject and Heart of an English-Man I know that Distributio Parochiarum est ex Jure Humano non Divino But he that said so must give me Leave to tell him That Distributio verbi Divini est ex Jure Divino Humano If then by the Distributing and Severing of Benefices to divers Learned Men the Word may be the better Distributed and Preached as God be thanked it hath been these Forty Three Years under Her Majesty's happy Government the Period of whose Dayes I beseech the Almighty may be Prolonged I see no reason why we should doubt of the Goodness of this Bill or make any question of the Committing thereof Mr. Roger Owen said Mr. Owen after particular Answers to divers particular Objections made by the Doctors That a Statute was but Privato Communis Juris and this Act will be made no Innovation because it Repeals only the Proviso and not the Body And whereas it was said by a Doctor That Honos alit Artes and much more to that Purpose And If you take away the Honour and Reward then you take away the Study it self For Answer thereunto I say under Favour Mr. Speaker This Statute takes away no Benefices from the Clergy but only better orders the Distribution of Benefices amongst the Clergy For that another Doctor alledged a Canon confirmed under the Great Seal of England I say under Favour That They of the Clergy not We of the Laiety are bound thereby for they are as they were by-Laws unto Them but not unto Us. Then the Speaker stood up The Bill Committed and put it to the Question for Commitment and it was Committed He also asked the House If they pleased to Sit to Morrow being the Queens Holy-day To which after a little Speech it was agreed They should Sit
Forfeitures and Abuses committed by Tanners contrary to the Statute 19 Reginae A Patent to VVilliam VVade Esquire aliis For the making of Sulphur Brimstone and Oyl A Patent to James Chambers To give License for Tanning contrary to the Statute 30 Reginae A Patent to Sir VValter Rawleigh of Tonnage and Poundage of VVines To John Ashley aliis A Patent For Benefit of Forfeiture of Buying of S To William VVatkins The List of Patents and Patentees aliis A Patent To Print Almanacks A Patent to To Print David's Psalms A Patent to one Kirke aliis To take the Benefit of Sowing Flax and Hemp. A Patent to Richard VVelch To Print the History of Cornelius Tacitus A Patent to _____ To Transport Iron and Tynn A Patent to John Norden To Print Speculum Brittaniae A Patent to To Print the Psalms of David according to the Hebrew-Text A Patent to certain Merchants To Traffick A Patent to Sir Jerom Bowes To make Glasses A Patent to _____ To Provide and Transport Lists and Shreds Anno 35 Reginae A Patent to Henry Noell To make Stone-Pots c. A License to William Aber To Sow Six Hundred Acres of Ground with Oade A Patent to Mr. Heale To provide Steel beyond the Seas A Patent to _____ To have One Shilling upon ever Hogshead of Pilchards A Patent to _____ To have the Benefit of Forfeiture by Gig-mills A Patent to Elizabeth Mathews For Train-Oyl of Blubber A Patent to Richard Drake For Aqua-Composita Aqua-Vitae Vinegar and Alegar A Patent to Robert Alexander For Aniseeds A Patent to Edward Dacry For Steel A Patent to Michael Stanhop For Spanish-Wools A Patent to Valentine Harris To Sow Six Hundred Acres of Ground with Woade A Patent to _____ To take Benefit of the Statute for Gashing of Hides c. A Patent to Mr. Cornwallis For unlawful Games A Patent to Henry Singer Touching Printing of School-Books A License to Arthur Bassaney To Transport Six Thousand Calf-Skins A Patent to Edward Darcy To Provide Bring Make and Utter Cards A Patent to Thomas Morley To Print Songs in Parts A Patent to Sir John Packeington For Starch and Ashes A Patent to _____ To make Mathematical Instruments A Patent to _____ To make Salt-Peter A Patent to Thomas Wight and Bonham Norton To Print the Law-Books A Patent to _____ For Livers of Fishes A Patent to _____ For Polldavis for Fishing After the Reading of which Note nothing was Concluded upon but a Meeting appointed on Tuesday in the Afternoon On Tuesday Novemb. 24. A Bill declaring the Lordship of Llandan alias Llandaugher to be within the County of Carmarthin was Read the second time and Committed and the Time and Place appointed for their Meeting to be to Morrow in the Afternoon in the Middle-Temple-Hall A Bill to Enable Edward Moleneux Esq to sell Lands for the Payment of Debts and Legacies A Bill for Painting was Read and Committed A Motion was made by Mr. Doyley of Lincolns-Inn That before Mr. Moleneux's Bill was put to the Question his Councel for the Passage thereof might be Heard as also Mr. Moleneux himself a Councellor of Grays-Inn who came to spake against the Bill And they were admitted to the Bar to speak where it was alledged against the Bill by the said Mr. Moleneux of Grays-Inn That it was drawn of purpose to Defeat himself and his Brother and a few Children-Infants and Fatherless which could not be Answer'd by Mr. Hitcham of Councel with the other Moleneux for the Bill Which Reason quashed it And so after they were put out the Bill was put to the Question for Ingrossing and the greater Voyce was No. So it was Rejected Sir Francis Hastings brought in the Bill against Ale-Houses and Tippling-Houses Sir Edmund Morgan a Member of this House was served with a Subpoena at the Suit of one Lemney who was sent for by the Serjeant Mr. Pemberton another Member of this House was also served with a Subpoena at the Suit of one Mackernes who was also sent for by the Serjeant A Bill to prevent Double-Payment of Debts upon Shop-Books Mr. Phillips Mr. Phillips shews the Danger of an Old Statute touching Charatable Uses shewed the Great danger that might insue by the Statute made 39 Reginae Cap. 6. Intituled An Act touching Charitable Uses which Statute was made to a good intent but yet it may tend to the setting a Foot in all the Monasteries in old time and other Religious Houses as also to the searching into the estate of divers particular Subjects in this Realm First In respect of the Title Secondly In respect of the Preamble Thirdly In respect of the Body And Fourthly In respect of the Conclusion which appeared some-what plain to the House upon the Recital of the words of the Statute And therefore he thought it a Duty in Conscience to offer to the Consideration of this House a Bill entituled An Act to Explain the true Meaning of the Statute made 39 Reginae cap. 6. Which was presently Read After some loud Confusion in the House touching some Private Murmur concerning Monopolies Mr. Secretary Cecil said Secretary Cecil about Monopolies The Duty I owe and my Zeal to Exstinguish Monopolies makes me to Speak now to satisfie their Opinions that think there shall be no Redress of these Monopolies Order is Attended with these Two Hand-Maids Gravity and Zeal but Zeal with Discretion I have been though Unworthy a Member of this House in Six or Seven Parliaments yet never did I see the House in so great Confusion I believe there was never in any Parliament a more tender Point handled than the Liberty of the Subject and the Prerogative Royal of the Prince What an Indignity then is it to the Prince and Injury to the Subject that when any is Discussing this Point he should be Cryed and Coughed down This is more fit for a Grammar-School than a Parliament I have been a Councellor of State these Twelve Years yet never did I know it subject to Construction of Levity or Disorder Much more ought we to be in so Great and Grave an Assembly Why we have had Speeches and Speech upon Speech without either Order or Discretion One would have had us to proceed by Bill and see if the Queen would have denyed it Another that the Patents-should be brought here before Us and Cancelled and this were Bravely done Others would have Us to proceed by way of Petition which of Both doubtless is Best But for the First and especially for the Second It is so Ridiculous that I think We should have had as bad Success as the Devil himself would have wished in so good a Cause Why If Idle Courses had been followed we should have gone forsooth to the Queen with a Petition to have Repealed a Patent or Monopoly of Tobacco-Pipes Which Mr. Wingfeild's Note had and I know not how many Conceipts But I wish every Man to rest satisfied until the Committees have brought in their
Resolutions according to your Commandments A Bill for making the Parks of Noblemen and Gentlemen of the Realm for the Keeping and Breeding of Horses On Wednesday Novemb. 25. A Bill for Enlarging a Branch of the Statute of 25 Eliz. Cap. 8. touching Gashing of Hides A Bill concerning the Assize of Fuel A Bill for the Levying of Fines with Proclamation of Lands within the County of the City of Chester A Bill for the Re-uniting of Eye and Dunsden to the Mannor of Sunning read the first Time A Bill For the enabling of Edward Nevil of Burling in the County of Kent Esq and of Sir Henry Nevil his Son and Heir Apparent to sell certain Coppy-hold-Lands This Act was brought in after Commitment by Sir Edward Hobby who at the delivery thereof shewed to the House That they had put out Esq in the Title in respect that they would not leave such a Title as Esq for a Monument of Record in Parliament lest perhaps it might in After-ages be a prejudice to the Title of the Lord Abergaveny Also we have said he left out all other Words and Clauses touching that Point As also have added a Proviso For saving of the Right of the two Mr. Vanes Sons to the Lady Vane because the Elder of them layeth Title to the Barony And thus they both being at the Committee with their Councel have given consent to the Bill The Gentlemen are both in the House and can testify as much Therefore I think it good it were put to the Question for Ingrossing And so it was and all said I I I. The Exchecquer-Bill was read The Bill against Trifling Suits was put to the Question And ordered to be Ingrossed The Bill to prevent Perjury and Subordination of Perjury and unnecessary expences of Suits in Law A Bill to prevent the double Payment of Debts upon Shop-Books which was put to the Question for the Ingrossing And most said No. Mr. Speaker after a Silence and every one marvailing why the Speaker stood up spake to this Effect The Speaker delivers a Message from the Queen It pleased Her Majesty to command me to attend upon Her Yesterday in the Afternoon From whom I am to deliver unto you all Her Majesties most gratious Message sent by my unworthy self She yeildeth you all hearty thanks for your care and special regard of those things that concern Her State and Kingdom and Consequently our selves whose Good She hath alwayes tendred as Her own For our speedy Resolution in making so hasty and free a Subsidy which commonly succeeded and never went before our Councels For our Loyalty I will assure you with such and so great Zeal of Affection She uttered and shewed the same that to express it with our Tongues we are not able neither our Hearts to conceive it It pleased Her Majesty to say unto me That if She had an Hundred Tongues She could not express our hearty good Wills And further She said That as She had ever held our Good most dear so the last Day of ours or Her Life should Witness it And that if the least of Her Subjects were Grieved and Her self not Touched She appealed to the Throne of Almighty God how careful She hath been and will be to defend Her People from all Oppression She said That partly by Intimation of Her Councel and partly by divers Petitions that have been Delivered unto Her both going to Chappel and also Walking abroad She understood That divers Patents that She had granted were grievous unto Her Subjects and that the Substitutes of the Patentees had used great Oppression But She said She never assented to Grant any thing that was Malum in se And if in the Abuse of Her Grant there be any thing that is Evil which She took Knowledge there was She Her self would take present Order for Reformation thereof I cannot Express unto you the apparent indignation of Her Majesty towards these Abuses She said Her Kingly Prerogative was tender and therefore desireth us not to speak or doubt of Her careful Reformation For She said her Commandement given a little before the late Troubles meaning the Earl of Essex's Matters by the unfortunate event of them was not so hindred but that since that time even in the midst of Her most weighty and great Occasions She thought upon them And that this should not Suffice but that further Order should be taken presently and not In futuro For that also was a Word which I take it Her Majesty used and that some should presently be Repealed some Suspended and not put in Execution but such as should first have a Trial according to the Law for the Good of Her People Against the Abuses Her Wrath was so Incensed that She said She neither would nor could suffer such to escape with Impunity So to my unspeakable Comfort She hath made me the Messenger of this Her gratious thankfulness and care Now we see that the Axe of Her Princely Justice is put to the Root of the Tree And so we see Her Gracious goodness hath prevented our Councels and Consultations for which God make us thankful and send her long and long to Reign amongst us If through my own Weakness of Memory Want of Utterance and Frailty of my self I have omitted any thing of Her Majesties Commands I do most humbly crave pardon for the same And do beseech the Honourable Persons which do assist this Chair and were present before her Majesty at the Delivery hereof to supply and help my Imperfections which joyned with my Fear have caused me no doubt to forget something that I should have Delivered unto you After a little Pause and Silence the Councel talking one with another Mr. Secretary Cecil stood up and said There needs no Supply of the Memory of the Speaker Secretary Cecil Speaks to the same purpose but because he desires some-that be about him to aid his Delivery and because the rest of my Fellows be Silent I will take upon me to Deliver something which I both then heard and since know I was present with the rest of my Fellow-Councellours and the Message was the same that hath been told you And the cause hath not proceeded from any particular course thought upon but upon private Information of some particular Persons I have been very Inquisitive after them and of the Cause why more importunity was now used than before which I am afraid comes by being acquainted with some course of our Proceeding in this House There are no Patents now of Force which shall not presently be revoked for what Patent soever is Granted there shall be left to the overthrow of that Patent a Liberty agreeable to the Law There is no Patent but if it be Malum in se the Queen was ill apprised in Her Grant but all to the generality are unacceptable I take it there is no Patent whereof the Execution thereof hath been Injurious would that had never been Granted I hope there shall never
this House speak Wisely we do him great wrong to Interrupt him If Foolishly let us hear him out we shall have the more Cause to Tax him And I do heartily pray That no Member of this House may Plus verbis offendere quà m Concilio Juvare Mr. Francis Moore said Mr. Fr. Moore I must confess Mr. Speaker I moved the House both the Last Parliament and This touching this Point but I never meant and I hope this House thinketh so to set Limits and Bounds to the Prerogative Royal. But now seeing it hath pleased Her Majesty of Her Self out of the Abundance of Her Princely Goodness to set at Liberty Her Subjects from the Thraldom of these Monopolies from which there was no City Town or Country free I would be bold to offer in one Motion Two Considerations to the House The First That Mr. Speaker might go unto Her Majesty to yield Her most Humble and Hearty Thanks and withal to shew the Joy of Her Subjects for their Delivery and Thankfulness unto Her for the same The Other Whereas divers Speeches have been made Extravagantly in this House which doubtless have been told Her Majesty and perhaps all ill Conceived of by Her I would therefore that Mr. Speaker not only should satisfie Her Majesty by way of Apology therein but also humbly crave Pardon for the same Mr. Wingfeild said Mr. Wingfeild My Heart is not able to conceive the Joy that I feel and I assure you my Tongue cannot utter the same If a Sentence of Everlasting Happiness had been Pronounced unto me it could not have made me shew more outward Joy than now I do which I cannot refrain here to Express And as I think he Wept There could nothing have been more Acceptable to the Subject than this Message And I verily think That if ever any of Her Majesty's Words were Meritorious before God I do think these are I do agree with all my Heart in the First Part of the Gentleman's Motion that last spake but do utterly mislike the Latter For it is not to be intended we should have had so Good and Gracious a Message if the Truth of some particular Speeches had been delivered unto Her And now for us to Accuse our selves by Excusing a Fault with which we are not Charged were a thing in my Opinion inconvenient and unfitting the Wisdom of this House Sir George Moore spake to the same Effect Mr. Francis Bacon spake to the same Effect also Mr. Fr. Bacon and in the End concluded thus Nescio quid peccati portet haec Purgatio So it was put to the Question and concluded That Thanks should be Returned by the Speaker and some a Dozen were named to go with him as a conveniet Number and Intreaty made to the Privy-Councellors to obtain Liberty of Her Majesty to be Admitted A Bill for the Mending of the Statute made 8 Eliz. cap. 11. Entituled An Act for the true Making of Hats and Caps Read the second Time and Committed The Committee to meet at the Middle-Temple-Hall on Saturday in the Afternoon A Bill limitting what Persons shall Make Dye and Retail Colour'd Clothes A Bill for the Furnishing Her Majesty's Navy-Royal with good and sufficient Cordage Read The Substance of this Bill was the same with that the Bill of Hemp was which hath been once Rejected this Parliament and it hath a Limitation to endure to the End of the next Parliament After a Speech made by Mr. Fettyplace and Mr. Johnson of Grays-Inn The First For the Bill the Other Against it Mr. Johnson said Mr. Speaker Old Parliament Men say A Bill once cast out should not be read again This Bill is the very same we once cast out and I think it were very good this Bill marched Pari pede with the Former Mr. Comptroller shewed How necessary Cordage was to the Land and also Flax and Hemp which we might have in our own Land if it happen'd that Intercourse of Traffique were hindered in other Countries And therefore he wished That a Bill of this Nature might not so slightly be Rejected but that it might be once again Read and Committed The House upon this Bill was Divided The I I I were 70 the Noes 102. The Bill for Landonerer Mr Secretary Cecil said Secretary Cecil If I should tell you otherwise than Truth in a Matter of so great Consequence I should need no other Process than my own Conscience That to so gracious a Message there were never returned more Infinite Thanks we all are assured From the Queen I have received a short Answer in these words You can give Me no more Thanks for that which I have promised You than I can and will give You Thanks for that which You have already Performed Meaning the Subsidies and Fifteens So inseparably are the Qualities of the Prince and the Subject good for the one and the other If by true Interpretation of the Law Voluntas Reputatur pro facto You shall not need your Good-Will being already known use any Actual Thanks neither will She receive any till by a more effectual Consummation she hath Compleated that Work At that time she will be well pleased to receive your Loves with Thanks and to return You Her best Favours A Bill for the Granting of Four Subsidies and Eight Fifteens On Fryday Novemb. 27. The Bill for Norwich was Read and Committed the Place of Meeting the Exchecquer-Chamber on Monday in the Afternoon Sir Francis Hastings said I cannot find a better time after so good a Bill Sir Francis Hastings For the Maintenance of the Word in Preaching than to move unto you a good Course for the Maintenance of Hearing He that seeketh to please All shall please None and he that seeketh to please All in God's Cause shall not please a Good Conscience There is a Necessity if the Queen's Will so be that this Bill should be Preferred For Religion is the Mother of Obedience Four Exceptions have been taken to the Bill That the Husband should not pay for the Wife nor the Father for the Son nor the Master for the Servant And That Recusants that pay the Penalty of Twenty Pound the Month by Force of the Statute 23 Reginae should not be included All these Penalties are now Excluded I know some Half-Parishes I would I could not say some Whole-Parishes perverted by Jesuits and Seminaries These be of the poorer and meaner sort of People of whom this small Tax of Twelve Pence being duely Levied will more pinch than any Law ever yet devised And I humbly beseech both in regard of the State of the Countries and of our more secure Obedience to Her Majesty it may be looked into and Received The Bill is Entituled An Act for the more speedy Coming to Church on Sundayes Dr. Perkins brought in the Bill from the Committee Entituled An Act for the Benefit of Merchants and furtherance of Her Majesty's Customs Mr. Speaker stood up The Speaker advises the House
am of Opinion That it is very fit this Transportation should be staid And I concur only with them which would have it by way of Petition and not by Bill Mr. William Hackwell of Lincolns-Inn said Mr. Hackwell I know the Authority of the worthy Councellor that last spake will ingeminate your Censures to yeild to his Objection Yet notwithstanding I beseech you to suppose him to be a man of my Condition or me to be a man of his Sort so I doubt not but our Persons being equalized the matter will soon be Decided Where he saith Transportation is necessary to aid our Friends and retain their Alliance I Answer this is the Subtilty and Covetousness of our Friends who finding the Inestimable Gain and Treasure they get by Ordnance brought from us do not only desire them for Gain but also to gain to themselves Confederates by which means Succouring our Friends we Aid our Enemies For look whatsoever we give them we deduct from our selves Now let us stop this Transportation of Ordnance and that greatly weakens their Forces by which means they will never be able to incounter us hand to hand Our Ordnance that precious Jewel of this Realm even worth all we have is familiarly sold in the Countries of our Confederates as any thing within this Land but this being stopped they will be forced to take Supply from their Ports to their Ships from their Ships to the Field and from the Field to other places Sir Francis Hastings said Sir Francis Hastings for Petitioning it How swiftly and sweetly Her Majesty apprehended our Griefs I think there is no Subject but knoweth For us then to deal in a matter so highly touching Her Prerogative we shall not only give her Majesty just Cause of Offence but just cause to Deny our Proceeding by Bill I think therefore by laying open our Griefs in a Petition it will move Her Majesty as much being a Case of this Consequence as our first Motion by Mr. Speaker hath done And therefore I am of Opinion there is no way but this for our safety Sir George Moore said Sir George Moore for Petition It is a vain thing to Dispute of the matter when the manner only is in question and as vain to lose the matter by our long Dispute of the manner The late Experience of Her Majesty's Love and Clemency towards us and Care over us striketh such an awful Regard into my Heart I wholly dislike this Proceeding by Bill and do only Approve of the former motion by way of Petition Mr. Laurence Hide said Mr. Laurence Hide is to preceed by Bill in it It is doubted by some this Bill will not Pass by reason of the suddain ending of the Parliament For that I think if we give not too much scope to private Bills This Bill would quickly Pass and I see no Reason but we may proceed by Bill and not touch Her Majesties Prerogative For Her Majesty is not more careful and watchful of Her Prerogative than the Noble Prince King Henry 8. Her Father and King Edward 6. Her Brother were Then there was no doubt nor mention made of Prerogative And therefore I think our soundest and surest Course is by way of Bill Mr. Comptroller said Mr. Comptroller plead for Petition I wish we should deal in such manner as we may have our desire And that in Duty we should proceed to speak unto the Queen by way of Petition and not by way of Bill and Contestation We must Note that Her Self and Her Prerogative will not be forced And I do not hold this Course by Bill to stand either with Respect or Duty Mr. Swale of the Temple said Mr. Swale for the Bill I would but move thus much to the House If we let slip this Law and proceed by way of Petition then there is no Law to Prohibit but the Law of 33 Hen. 8. and 2 Ed. 6. and those Laws give so small a remedy that it is no Recompence for the loss of the thing Mr. Serjeant Harris said It hath been thought Serj. Harris that the former Statutes do not reach to Ordnance made of Iron But may it please the House to Commit the Bill there shall be shewed to the Committee Four or Five Precedents and late Judgments that Iron Guns comes within these Laws Mr. Solicitor Fleming said The Gentleman that last spake Sollicitor Fleming The Bill Committed said very true For it was lately in Michael's Case in the Exchequer So it was Committed and the time appointed for Meeting to be this Afternoon in the House Mr. Belgrave said Mr. Belgrave moves his own Case Mr. Speaker modestly forbids me to speak in mine own Case that so nearly concerns me but necessity compels me to Appeal to this High Court. True it is there is an Information Exhibited against me in the Star-Chamber by the procurement of an Honourable Person of the Upper House the Earl of Huntington in the Name of Mr. Atturney-General for a Misdemeanor Committed to this Court The Substance of that Information I do Confess yet I am to be an humble Suitor to this House to understand Whether an Information is to be Exhibited this House sitting against any Member thereof And for my own part I do submit my self to abide such Censure as this House shall think in their Wisdomes convenient Sir George Moore viewing the Information said Sir George Moore desires there may be a Conference I find the words thereof to be against the High Court of Parliament which is as well the Upper-House as this House And therefore I wish there might be a Conference with the Lords therein For this House is but Part and a Member of the Parliament and therefore we solely cannot Proceed Mr. Serjeant Harris said Serjeant Harris opposes it In 36 Hen. 8. when Ferri's Case was who was a Member of this House Did we not Proceed without any Conference with the Lords Here ought to be Libera Suffragia and no man of this House to be Chosen by Friends or Mediation of any Great Man Neither ought we to be tied by any Blew-Coat in the World but as our Persons are Priviledged so should our Speech be And therefore I see no Reason to Confer with the Lords when we may proceed of our selves Sir Edward Hobby said Sir Edward Hobby for the Conference If the Case were but plain of it self I should be of the Gentlemans mind that last spake but I am given to understand and also desired to Inform the House That this Information was put into the Star-Chamber by some kind of Order from the Lords and therefore very convenient a Conference should be had Sir Francis Hastings Brother to the Earl of Huntington said Sir Francis Hastings reports the Case To enter into consideration of this Cause by report I will and otherwise I cannot I know no man but respecteth the Honourable Person himself And for this Gentleman Mr.
by your Lordships Favour no cause it should deserve the Title of Improper And I take it by your Lordships Favours it was not Preposterous For the First Matter we took should be handled was the Doubts which we Imagined your Lordships had conceived of the Bill And if your Lordships had ought else conceived I thought fit to shew your Lordships that we then came without Commission So my Lords I hope I have made it appear That the Speech was neither strange improper or preposterous But We of the Lower-House who be here Committees do beseech your Lordships that you would not conceive otherwise of Us than we deserve And your Lordships shall find Us ever ready in all Dutiful Service as coadjuting Members of one United Body the House of Parliament So after withdrawing themselves a little from the Table the Lords Whispered together and at length calling Us the Lord Treasurer said The Lords were satisfied with our Answer 〈…〉 and were very glad they found Us so Conformable by which they doubted not but we should well agree for the Conference whereby the Bill might have the better Passage Mr. Secretary Cecil answered That he was very glad their Lordships did conceive aright of them and that the Committees because they were many and would not be troublesome to them with multiplicity of Speeches had chosen for their Speakers to Satisfie their Lordships Mr. Bacon Mr. Bacon c. to manage the Conference Mr. Serjeant Harris Mr. Francis Moore Mr. Henry Mountague and Mr. Boys So the Lords called Mr. Attorney General to them who began to make Objections and Mr. Bacon answering Mr. Attorney again Objected and Mr. Serjeant Harris before he had fully ended began to answer To which Mr. Attorney said Nay Good Mr. Serjeant Leap not over the Stile before you come at it Hear me out I pray you and conceive me aright So when he had done Mr. Serjeant Answered I beseech your Lordships to hear me and that I may answer without check or Controul which I little Respect because it is as light as Mr. Attorney's Arguments And so he proceeded to answer So the Conference brake up untill the next Morning at which time the Lords said They would send us word when they were ready In the Afternoon A Bill for the Relief of Theophilus Adams Touching certain Obligations supposed to be made void by a Proviso contained in the Statute 39. Reginae cap. 22. Intituled An Act for the Establishment of the Bishoprick of Norwich and the Possessions of the same against a certain pretended concealed Title made thereunto A Bill for Reformation of Abuses in Selling and Buying of Spices and other Merchandizes A Bill that no Fair or Market should be kept on Sundayes On Saturday Decemb. 12. A Bill to confirm the Assurance of the Mannors and Farmes of Sagebury aliàs Sadgbery and Obden and other Hereditaments to Samuel Sands Esq and John Harris Gentleman and their Heirs being Ingrossed was put to the Question and was Passed A Bill for Redress of certain Abuses used in Painting A Bill about Painters and Plaisterers was moved by Sir George Moore and some others that this Bill might be let slip and the Cause referred to the Lord Mayor of London because it concerned a Controversy between the Painters and Plaisterers To which Mr. Davis Answered That the last Parliament this Bill should have Passed this House but it was referred as now desired and Bonds made by the Plaisterers for performance of the Orders made by the Lord Mayor yet all will do no Good wherefore Mr. Speaker I think it good it should be put to the Question Sir Stephen Somes stood up and desired That my Lord-Mayor might not be troubled with them but that it might be put to the Question and it seemed likely to go against the Painters But I stood up as it was putting to the Question and shewed That in the Statute of 25. Ed. 3. cap. 3. Plaisterers were not then so called but Dawbers and Mudd-Wall-Makers who had for their Wages by the day Three-Pence 〈…〉 and his Knave Three-Half-Pence so was his Labourer called they continued so until King Hen. 7th's time who brought into England with him out of France certain Men that used Plaister of Paris about the Kings Ceilings and Walls whose Statute-Labourers these Dawbers were Those Statute-Labourers learned in short time the Use of Plaister of Parts and did it for the King and increased to be many then sueing to the King for his Favor to Incorporate them who fulfill'd their desire and Incorporated them by the Name of Gipsarii which was for Clay or Mudd aliàs Morter-makers Anno 16 Hen. 7. Being no Free-Men for all their Incorporation they obtained the Kings Favourable Letters to Sir William Remington then Lord Mayor of London and the Aldermen to allow them Free-men Which was granted At which time came in Four of them and paid Ten Shillings a piece for their Freedom and in Three Years after that manner came in the Number of Twenty but they paid Four Pounds a piece for Their Freedom They Renewed their Patent in King Hen. 8's time and called themselves Plaisterers aliàs Morter-makers for the Use of Loame and Lime They made an humble Petition and Supplication after this to Sir John Munday then Lord Mayor and the Aldermen to grant them Orders for the better Rule and Government of their Company in these words We the good Folkes of Plaisterers in London of Plaister and Loame of the said City for the Redress of certain Abuses of Lath-Plaister and Loame wrought in the said Crafts c. And then had allowed unto them Search for their Company for the Use of Lath Loame and Lime In all their Incorporations at no time they had any words for Colours neither yet in their Ordnances For all they were Incorporated by the name of Plaisterers yet all King Hen. 8's time they were called Dawbers as appeareth in the accompts of the Chamber of London paid to such and such Dawbers for so many Days so much and to their Labourers so much The Plaisterers never laid any Colours in the Kings Houses nor in the Sherifs of London but this Year they wore no Livery or Cloathing the Seventeenth of King Hen. 8. They have been suffered to lay Ale-house Colours as Red-lead and Oaker and such like and so now they intrude themselves into all Colours Thus they take not only their own Work but Painting also and leave nothing to do for the Painter Painters and Stainers were two several Companies in King Edw. 3. time One for Posts and all Timber-work to Paint And the other for Painting and Staining of Cloth of great continuance both Companies were joyned into one by their own Consent and by the Consent of the Lord Mayor and Aldermen of the City The Nineteenth Year of Edw. 4. The Painters had Orders allowed them for the Use of Oyl and Colours especially named in Hen. 4's time from the Lord Mayor and City
Gentleman Serjeant Heale the last Parliament in a Bill of this nature moved to have an Exception or Proviso for all Serjeants A Motion made in Mirth it would please you to admit of a Proviso for all Lawyers At which the House Laughed heartily it being done for Mirth And divers Motions of the like nature were made On Thursday Decemb. 17. Sir Edward Hobby shewed The Parliament was now in the Wane and Order had been taken Touching the Information delivered to this House in Mr. Bellgraves Case but nothing done therein And as it seemeth by not taking out of the Process a Prosecution of the Cause is intended against the said Mr. Bellgrave I think it therefore fit because the chief scope of the said Information seemeth to be Touching a Dishonor offered to this House that it would please you that it might be put to the Question Whether he hath Offended this House yea or no If he hath he desireth to be Censured by you If he hath not it will be a good Motive to the Honourable here present who are Judges of that Court for their Satisfaction in cleering the Gentleman of that Offence when it comes before them Mr. Speaker moved the House That because the Parliament was like to end on Saturday it would please them to send the Bill of Ordnance to the Lords And that they might be moved to retain all private Bills in their Hands until the Ten Pounds or Five Pounds was paid according to our former Order So the House cried Mr. Secretary Cecil who went and did accordingly And then they proceeded in the Motion concerning Mr. Bellgrave Mr. Comptroller said I know the Gentleman to be an honest Gentleman and a good Servant to his Prince and Country And for his Offence to this House I think it very fit to clear him And do wish it may be put to the Question If it please you he may be cleared I will be ready to vouch your Sentence for his Offence to this House when it comes there But if any other Matter appears upon opening the Cause with That we have not to do withal Mr. Secretary Cecil said Touching this great Offence in the Country I have heard it spoken of diversly but for my own part I am rather apt to move Consideration against him that drew the Bill one Mr. Diott and that he should be well Punished who being a Member of this House should seek to diminish the Prerogative of this High Court of Parliament by praying Aid of the Star-Chamber for an Offence done to Us this Court Sitting And I desire that two things may be Considered First That the Gentleman Mr. Diott make an Apology for his Action in drawing of the Information And Secondly That this Gentleman Mr. Bellgrave may be cleared here which will be a good inducement to the Lords not to censure him heavily there Mr. Ravenscrost said The Gentleman Mr. Diott is holden in the Reputation of an honest Man And we ought not to proceed against a Fellow-Member till he be called It is not Apparent unto Us that he made it the Information is under Mr. Attornies Hand and therefore ought to be intended his for now it is of Record under his Hand against which we can receive no Averment of Speech of others other than the Gentleman 's own words viva vocae And that I think he will not confess And so there was no more said of this Matter It was put to the Question Whether he should be cleared of the Offence to the House Yea or No And all cried I I I but only Young Mr. Francis Grantham who gave a great No At whom the House Laughed and he Blushed Sir Francis Hastings said Sir Fr. Hastings against Extravagant Speeches Mr. Speaker Because I see the House at so good Leasure I will be bold to remember some Matters passed this Parliament and deliver my Opinion with desire of Reformation I mean not to Tax any Man Divers Speeches have been used concerning Justices of the Peace so Slanderous and Defamatory with so unwonted Epethites with such Slanderous Definitions a Testimony of Levity for the one and scant sound Judgment for the other And therefore I do humbly pray the Honourable here present that those Justices which serves Religiously Dutifully and Carefully may be Countenanced The Church and Common-Wealth are two Twins which Laugh and Live together Long have we joyed in Her Majesty's Happy Government and long may we We have two strong Enemies Rome and Spain from thence all our Rebellions have Proceeded and by Treasons Hatched there the Sacred Life of our Sweet Soveraign hath been sought and indangered The boldness of the Jesuits and Seminaries The Insolence of the Jesuits is greatly increased and they be very diligent to pervert which their often and ordinary Published Pamphlets to every Mans view well Testifieth and Apparently sheweth the Perversness of their Spirits and Corruptness of their Hearts And the Multitude being Perverted What Danger this may breed to the State and our Sovereign Queen Judge you For my part I am and will be ready to lay my Life at Her Feet to do Her Service We had need to have special Care of them for themselves do brag they have Forty Thousand true Hearted Catholiques for so they call them in England besides their retinue poor Catholiques and Neuters and I know not what It is therefore fit we look to this dangerous Case and not to think our selves secure because we find no harm For it is a true Position That Security without Providence is most Dangerous I conclude only with this desire that those who have Supream Authority will look that those who have inferior Government may do faithfully And that we may be kept in Obedience Mr. Wingfeild spake to the same effect And because it had pleased the House that the Clerks Servant should serve this Parliament in his Masters steed Mr. Onslowe who was sick that the House would in regard of his faithful Service and diligent attendance give Twelve Pence a piece or what they should think good every man in his discretion That Motion was liked and agreed to be gathered the next morning In the Afternoon A Bill for the Changing of the Surnames of William Waller Esquire A Bill to Change the Name of Wallers to Dibdens and his two Daughters and the Names of them that should Marry them into the Name of Dibden was Read the second time Serjeant Yelverton and Doctor Hone brought a Bill from the Lords Intituled An Act for Reformation of Deceipts and Frauds of certain Auditers and their Clerks in making of divers particulars Serjeant Harris spake to the Bill of Waller Serj. Harris to the Bill of Waller In Law there is a Bastard a Mulier And a Bastard hath the Name of the Mother a Mulier of the Father If a man come into a Poulterers Shop to buy a Wood-Cock or Hen he buyes it by the name of a Cock And if it be
toleration of such offences shall be suffered Next That ye inquire what Places and persons are fit to be suppressed and looked unto Ordinary-tables Tippling-houses some even Brothel-houses or worse in which both of Muttons Veals and Lambs there is continually made an unmeasurable expence But consider who are the men that devour the Substance of the Land which should sustain us all what kind of men be they even your discoursers which do introduce Novelties and slander the State the most pestilent seditious and dangerous Members of the Land In rooting out these men you shall shew the best part of your duties to God and her Majesty which her Majesty expressly chargeth you to take special heed of I am also to remember you what good Laws were lately made for the punishment of vagrant Rogues and sturdy Beggars To relieve poor Souldiers and for the provision of poor Souldiers the neglect of which duty in not seeing these good Laws executed will draw Gods curse and displeasure upon us And therefore order by you ought to be taken that those which be poor be relieved and idle persons suppressed which do mispend the good gifts of God plentifully bestowed upon us That you look the poverty of Souldiers be relieved according to their quality and degree and that twenty pounds by the year be not given to some when others far poorer have but forty shillings by the year And therefore look that those Laws that were last made be not last but first put in execution These be matters and crimes which if they be not amended the Commonwealth and State may still stand and languish though not perish But there is another matter of great importance which if it be not looked unto will overthrow even the body of the State it self which none can or will deny unless he be given over to a senseless stupidity It is not unknown what Plots have been and are laid against the Queens Person whom God preserve and the body of the State by those we call Jesuits unnatural Vipers ready to eat out the belly of their Mother who being now grown to some strength and head do proceed with more violence and greater malice in their actions than ever heretofore They have made unto them an Archpriest and Ruler About Jesuits and secular Priests their practices the principal Agent against God the Queen Religion and the State because they might execute their dangerous Enterprizes and Designes with a kind of conjoyned Unity They do not stick to determine even in the height of their pride great yea even the greatest matters In this the Secular Priest is no Agent neither dangerous in that degree to the State for as there be degrees of Offences so are there degrees of Offenders But I excuse not the Secular Priest and therefore therein I pray you mistake me not for what Writings and Books have been extant and are given out of their Quarrels and Controversies and I warn you to take heed of them There be three Workers in the subversion of the State First the Jesuit secondly the secular Priest and thirdly a kinde of Parson of our own Religion yet as he thinketh of a more pure spirit disliking onely the government of the Church and State These her Majesties pleasure is That you should be more diligent to search out than you have been and to observe who entertains these in their houses which be of the Catholick Roman Religion Those that incur the danger of the Law let them now look for execution howsoever offences heretofore have been tolerated by Magistrates not doing of their duties Many are Justices of the Peace but what do they but maintain Quarrels Stirs Controversies and Dissention betwixt their Neighbours We have two evident Examples the one in Gloucestershire the other that was moved this morning viz. in Sir Thomas Throgmorton's Case The thirst after this Authority Concerning Justices of the Peace proceedeth from nothing but an ambitious humour of gaining of Reputation amongst their Neighbours that still when they come home they may be presented with Presents and that they may sit high on the Bench in the Quarter-Sessions that they may maintain and buy Titles Is there any more fervent than others in the business of the Commonwealth he straight hath given him the Epethite of a busie Jack but I know there be many good and I wish their number were increased but who be they even the poorer and meanest Justices by one of which more good cometh to the Commonwealth than by a hundred of greater condition and degree And thus much I had in commandment to say to Justices of Peace to Commanders to Constables and other inferiour Officers To you who be Justices of Assize there yet remaineth by her Majesties express commandment a further Charge and Admonition to be delivered That you see the great offences which heretofore have not been to be hereafter punished And her Majesty said she hath chosen you to be Justices for your wisdom and integrity and she hath divided you by two's in several Circuits to ride twice every year that the one might be aiding and assisting to the other not onely to try a Nisi prius or decide some petty Cause but with special care and diligent observance to look into the disorders of your Circuits suppose for the purpose in Norfolk although truely I think that County is best govern'd and I would say more if he which rideth that Circuit were absent To examine Justices touching Misdemeanours to inform her Majesty how many Ale-houses they have pulled down how many Priests they have taken and who harbour them and of all these matters to give an account to her Majesty at your return that she taking notice from you the good Justices may be rewarded and the evil removed Your not doing of this breedeth nothing but impunity which is dangerous in the State and the very root of Sedition and Rebellion And Clemency of this nature is Crudelis Clementia but the other Securitas Salutaris Her Majesty commanded me to say unto you that she would have you spend more time in understanding the faults and grievances in every of your Circuits than you have heretofore done for she saith that she hath not been informed of any more than of one onely This you may well do and she commandeth it to be done the times being so peaceful which I hope will continue And as God hath blessed her Majesty these Forty four years amongst us so I hope God will yet lengthen her days for the continuance of which we ought all to pray for FINIS AN Alphabetical TABLE Of the most material BILLS DEBATES and other Matters Contained in this BOOK A ACcomptants a bill for satisfaction against them p. 83 Ale complained of by Mr. Johnson that 't is as strong as Wine and will burn like Sack p. 181 Ale-houses a bill to suppress their multitude p. 135 No man to frequent any within two miles of his own dwelling p. 196