The Journals of All the Parliaments During the Reign of Queen Elizabeth. Originally published by Irish University Press, Shannon, Ire, 1682.
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On Monday the second day of November, Two Bills had each of them one reading; of which the second being the Bill to preserve the Breed of Horses, and to avoid the common stealing of them, was read the first time. After which divers Speeches were made, which are transcribed out of the abovesaid private Journal.
Sir Edward Hobbie made a Speech for the abridging of Penal Laws, which he said were like Thorns that did prick; but did yield no Fruit; And that they being not looked unto, it bred in us an alternation in manners: And therefore the Proverb must needs be fulfilled Morum mutatio mutationem legum requirit. Times are not as they have been, and therefore the necessity of time makes a necessity of alteration of Laws, with many other circumstances touching the shortness of Statutes, and commending the proceeding of former ages, he concluded with a desire of a Committee.
Which Speech was seconded by Mr Serjeant Harris, who said that in the 27th year of the Queen the like Motion had been made, and that then by reason of the shortness of the time and suddain ending of the Parliament, nothing was done therein: Notwithstanding he said, that now this motion being so happily made, and that then by reason of the shortness of the time nothing was done, he thought it fit for a Committee.
He was seconded again by Mr Wiseman of Lincolns-Inn, who was of the same mind, and said, That divers particular Laws of his knowledge were now both needless to be performed, as also dangerous to the Subject by reason of the Penalties. Whereupon the House agreed-that the said Bill should be committed, and Committees were nominated (which are inserted out of the Orinal Journal-Book it self) viz. All the Privy Council being Members of this House, Mr Dr Cæfar, Master of Requests, Sir Edward Hobbie, Mr Wiseman, Mr Dr Crompton, Mr Dr Perkins, Mr Dr Dunn, the Knights and Citizens for London, the Knights and Citizens for Norwich, Sir Walter Raleigh, Mr Tanfield, Mr Francis Bacon, Mr Robert Wingfield, Sir Robert Wroth, Sir George Moore, Sir Moile Finch, Sir John Harrington, Sir Thomas Leighton, Mr Snigg, Mr Phillipps., Mr Winch, Mr. Tho. Culpepper, Mr. Hide, Mr. Oldsworth, Mr. Maynard, the Lord Howard, Sir Richard Knightley, Sir Robert Carey, the Lord Clinton, Mr. Dale, Mr. William Lane, Mr. Michael Stanhop, Mr. Warcop, Sir Henry Nevil, Sir Arthur George, Sir Edward Hungerford, Sir William Strowde, Sir William Courtney, Mr. John Egerton, Mr. Dr. James, Sir Crew Rawleigh, Mr. Boyse, Sir Henry Brunker and Sir Thomas Gerrard, who were appointed to meet in the Exchequer Chamber upon Friday next in the Afternoon.
Monition was this day given by Mr. Speaker unto the Members of this House, that they would forbear from henceforth to come into this House with their Spurs on, in regard it is very offensive to many others of the residue of them. Thus far out of the Original Book it self.
On Tuesday the 3d day of November, Upon a Motion made by Mr. Speaker on the behalf of Mr. Fulk Onslow the Clerk of this House, for that it hath pleased God to visit him with an Ague, That it would please this House to vouchsafe their allowance unto Cadwallader Tydder his Servant to execute the place in his absence as Deputy unto the said Mr. Onslow, until it shall please God to restore him to health. Which was willingly assented unto by the whole House, and by Order of the whole House the said Tydder took the Oath of Supremacy.
Nota, That there was a like precedent in the second meeting of the Parliament (after an Adjournment thereof) in Anno 28 & 29. Regin. Eliz. An. Dom. 1586. When upon the like Motion of the Speaker on Wednesday the 15th day of February, William Onslow kinsman of the said Mr. Fulk Onslow, being at that time a Member of the House of Commons, was during his sickness allowed by the said House to exercise and supply the place of Clerk thereof as at this present time Cadwallader Tydder servant to the said Mr. Fulk Onslow was licensed to supply the same.
Six Bills of no great moment had each of them one reading; of which the last being the Bill for the better preserving the breed of Horses, and to avoid the common stealing of them, was upon the second reading committed unto Sir Edward Hobbie, Sir Robert Wroth, Mr. Walter Cope, Mr. Fulk Grevil, Mr. Hide and others, who were appointed to meet on Monday next in the Exchequer Chamber at two of the Clock in the Afternoon; And the Bill and Committees names were delivered to Sir Robert Wroth.
Upon a Motion made by Mr. Leife, that whereas many Members of this House, which could not come to the Upper House upon the first day of this Parliament (the Door being kept shut) to hear her Majesties pleasure signified by the Mouth of the Lord Keeper, of the Causes of her Majesties calling of this Parliament, they might in some sort be satisfied of the same, He putteth Mr. Comptroller in mind of his Honours promise to relate the same unto them. Who thereupon desired Mr. Secretary Cecil (because he the said Mr. Comptroller was not there himself) to make the same relation; which the said Mr. Secretary doing at large, The chief intent and scope thereof appeared to aim at the setting forth of two things especially, the First the Danger the Kingdom stood in, in respect of the power and malice of the Spaniard: the Second that timely provision of Treasure might be made for the prevention. Thus far out of the Original Journal-Book it self. Mr Secretary Cecil's Speech, which followeth, being spoken after that he had repeated the Lord Keepers Speech, is inserted out of the beforecited private Journal of the House, in manner and form following.
For my own advice touching the particular Counsels of this House, I wish that we would not trouble our selves with any fantastick speeches or idle Bills, but rather such as be for the general good, both light in conception, and facile in execution. Now seeing it hath pleased you all hitherto with patience to hear me, if with your favour I may particularize and show the grounds of the former delivered Speech touching the State of Ireland, I shall be very glad both for my own discharge and for your satisfaction. The King of Spain having quit himself of France by a base and servile Peace, forgetteth not to follow the Objects of his Fathers Ambition, England and the Low-Countries. He hath made Overtures of Peace, which if they might both be honourable and for the publick good, I hold him neither a wise nor an honest man would impugn them. He hath put an Army into Ireland, the number Four thousand Souldiers, under the conduct of a valiant, expert and hardy Captain; who chooseth rather than return into his own Country without any famous enterprize, to live and dy in this service. These Four thousand are three parts Natural Spaniards, and of his best expert Souldiers, except them of the LowCountries: Those he could not spare, because of his enterprize of Oftend. And how dangerous the loss of that Town would be to this Land, I think there is no man of experience but can witness with me; For he would easily be Master of all that Coast, so that the Trade betwen England and the Low-Countries would be quite dissolved; Yea he would be so dangerous a Neighbour to us, that we which are now Tenants by discretion are likely shortly to be Tenants by the Courtesy. When he is our Neighbour of the Low-Countries, what Neighbour hath Spain to whom he shall not be troublesome.
I will shew you further what besides this he hath done, and how Eagle-eyed he is continually over us; To resist the Turks attempts, he hath sent Ten thousand Men; To the Low-Countries nine thousand; In an Enterprize of his own against the Turk he hath sent ........ which being dispatched, those Souldiers shall return a gainst the next Spring and second these four thousand men. Now in the Enterprize for Ireland, to resist those attempts in being, and the ensuing Provisions against us, let us consider the certainty of our Estate in Ireland; We have there an Army, and nothing but an Army, fed even out of England, with what charge it brings to the Queen, what trouble to the Subject, what danger it is to them there left if the provision should fail, what hurt to the Common-Wealth by making things at a higher rate than otherwise they would be, I refer it to your Wisdoms to imagine. Over this, I assure you, it is beyond all Precedent and conjecture, his presence and cause of War there, is to defend the Catholick Cause, I mean, to tear her Majesties Subjects from her; for I may say she hath no Catholick obedient Subject there, because she standeth Excommunicate at this present by force of two Bulls of this Popes, by which the Subjects are absolved of their obedience. That you do only remember you do it pro aris & focis; Yea we do it for a Prince that desireth not to draw any thing extraordinary out of the Coffers of her Subjects. She selleth her Land to defend us, she supporteth all the Neighbouring Princes to gain their amities and establish our long Peace; Not these five, or seven, or ten years, but forty three Years for all our Prosperities. I hope I shall not see her Funeral upon which may be written, Hîc solùm restat victrix Orientis. And I pray God I may not. What we freely give unto her, she living bestows it to our Good, and dying doubtless will leave it for our profit. Thus have I out of mine own genius for mine own part delivered unto you what I know. And touching that I have spoken in performing your Commandment, I will take no thanks from you for my pains, for no man cares with less affection to speak in this Assembly, or desireth to gratifie any particular Member of this House more than my self.
Mr. George Moore moved, that whereas the Lord Keepers Oration was, that the greatest matters should be handled in the beginning of the Parliament, a Committee might be chosen to certifie the House what those matters were, that Order might be taken accordingly.
Thus far out of the aforesaid private Journal of the House of Commons. The Committees names who were appointed upon the aforesaid Motion of Mr. George Moore to consider what those weighty matters were, which had likewise in part been touched in Mr. Secretary Cecills Speech immediately foregoing, do now also follow out of the Original Book it self, which were these, All the Privy-Council being Members of this House, the Knights of the Shires, the Barons of the Cinque Ports, the Knights and Citizens for London and York, Sir Thomas Egerton, Mr. Sollicitor, Sir Edward Stanhop, Mr. Serjeant Heile, Mr. Serjeant Harris, Mr. Henry Brunker, Mr. Glastock, Mr. Leonard, Sir William Harvy, Mr. Henry Hubberd, Sir William Strowde, the Burgesses of Totnesse, Mr. Hide, Mr. Winch, Sir Richard Knightly, Sir Richard Hampden, My Lord Howard of Effingham, Sir Francis Darcy, Sir Robert Crosse, Mr. Tyne, The Citizens for Norwich, Mr. Francis Bacon, Sir Edward Hobbie, Mr. Doctor Cæsar, Mr. Newdigate, Mr. Philipps, Mr. Robert Wingfield, Mr. Maynard, The Citizens for Bristoll, Sir Matthew Brown, Mr. Jones for Hereford, Mr. Francis Moore, Mr. Mountague, Sir Moile Finch, Mr. Edward Barker, Sir John Egerton, Mr. Boice, Mr. Lake, Mr. Cope and Mr. Richard Warberton, who were appointed to meet in this House upon Saturday next at two of the Clock in the Afternoon. Vide December 5. Saturday postea.
On Wednesday the 4th day of November, the Bill for the better keeping of the Sabbath day, was upon the second reading committed unto Sir George Moore, Sir William Wray and divers others, who were appointed to meet this Afternoon in the Middle-Temple Hall at two of the Clock.
Thus far out of the Original Journal-Book of the House of Commons, the rest that follows touching the Election of Sir Andrew Nowell to be one of the Knights for Rutlandshire, being at the same time Sheriff of the said County, being but briefly and imperfectly set down, is therefore supplied out of the said private Journal of the House of Commons.
Mr. Serjeant Harris moved the House, that in respect great danger and inconvenience might grow by the want of any one particular Member of this House, Therefore he thought good to certifie the want of a Knight for Rutlandshire; For he said, that Sir Andrew Nowell being Sheriff of the County had returned himself jointly with Sir John Harrington to be Knight, which he took in Law to be a void Return, because it is against the express words of the Writ, which are, Ita quod neq; tu neq; aliquis alius Vicecomes alterius Comitatus eligatur, &c. which he thought good to move the House in referring it to their considerations; And prayeth that the Record may be sent for from the Clerk of the Crown; for faith he, we know in Law, that a man cannot make an Indenture to himself and the County, for there are required two persons.
To which Sir Edward Hobbie replied, that notwithstanding this, the House might well receive him. And he vouched a Precedent in the 31th of this Queen, when a Writ was directed to the Bayliffs of Southwark to return Burgesses, and they returned themselves and were received. But if we do not receive him, another question will grow, Whether a new Warrant must go from the Speaker to Elect a new Knight, or from the Clerk of the Crown. To which it was agreed per omnes, that from the Speaker.
Then Mr. Wiseman of Lincolns-Inn stood up and shewed the necessity of having all our Members, because otherwise the Body is but maimed; as also how dangerous a Precedent this would be if it might pass with the Applause of this House; And lastly, the reason of putting in the aforesaid special words in the Writ, because it must be necessarily intended, that they being so great Officers, having so great a charge, and their presence in their Countries so requisite, should not be returned. Besides, for that time they be the chief men of the Shire, Freeholders peradventure for favour sake would rather chuse him than men far more sufficient for that place.
Mr. Speaker said, it could not be intended against his will, for his hand is to the Indenture; but he moved whether it should be intended that this Sir Anthony Nowell were una & eadem persona, or no; And though it were, yet whether they could take notice thereof, not being certified out of the Chancery. To which all the House said, there was no other of the name.
Then Mr. Comptroller stood up and moved, that in respect the Return was joint, and that they did disallow Sir Anthony Nowell, he desired to be resolved of the Learned Masters of the Law in this House, whether all the Return were insufficient, and so Sir John Harrington to be excluded. To which all the whole House said No.
Mr. Serjeant Harris said No, because the said Warrant is affirmative to chuse any but the Sheriff, who is excepted by special words; so that the Return of the other is warranted, but that of himself is void.
Sir Edward Hobbie Answered and said, nay then Mr. Serjeant, if you stand on that, I think there are few Knights in this House lawfully chosen, for the words of the Writ and Statute are, that he must be Commorant within the County, which but few are. To which not one word was Answered. And that Clause was hushed up.
Mr. Speaker said, Well, I will put it to the question, which shall be twofold, one whether the Return be void, the other whether a new Warrant shall be sent forth. To which being twice moved, all cryed I, I, I; not one man said No.
Sir Edward Hobbie said, Mr. Speaker the Warrant must go from your self, for in the twenty seventh Year of this Queen, when Parrie was Burgess for Queenborough a new Election was made, and the Warrant was sent from the Speaker.
Nota, That this resolution of the House is directly contrary to a former Precedent agreed on in the House of Commons upon Friday the 21th day of February in the Parliament de An. xxxi° Regin, Eliz. Anno Dom. 1588, 1589. where Mr. St Poole being both Knight for the County of Lincoln and Sheriff of the same also, was notwithstanding allowed to retain his place in the said House as a Member thereof, and had only Licence given unto him to depart into the said County about the business of his said Sheriffwick, in no other form or manner than is vouchsafed of course to the Members of the said House upon any urgent occasions by them alledged, requiring their absence for some time, be it longer or shorter. Where other Precedents also to this purpose are vouched, and yet perhaps both the said Precedents may stand good and be reconciled, with this difference, that where any man is first Sheriff of some County and then Elected a Knight of the same, or a Citizen, Burgess or Baron of any City, Borough or Cinque-Port of the same, that in this Case his Election is void, because it must of necessity follow, as in this Case of Sir Andrew Nowell it did, that he must return himself, which cannot be good in Law. But where a man is first Elected a Member of the House of Commons, be it Knight, Citizen, Burgess or Baron, and is afterwards made Sheriff of some County, here his first Election standeth good, as it should seem also it doth, although he may be first made a Sheriff of some County, and be afterwards Elected a Knight, Citizen, Burgess or Baron of and in some other Shire or County. And the reason of all is plain, in respect, that in all these latter Cases his Return cannot be made by himself, but by the Sheriff of the County where he is Chosen. This only holds good in the Case of Knight of the Shire.
To which only Mr. Boise stood up and said, that this Act would be prejudicial to the Bishop present and the Successor, to their Servants and to the Bishops own Farmers and Tenants; To the Bishop present, in the maintenance of his Estate which cometh only by continual Fines, which if they be taken away, then are they not able to maintain that Hospitality, and keep that retinue either belonging to their place or answerable to their living. For consider the Revenue of the greatest Bishoprick in England, it is but two thousand two hundred pounds, whereof he payeth for Annual Subsidies to the Queen five hundred pounds. And what damage we shall do both to him and his Successor herein, his Revenue being so beneficial to her Majesty, I refer to all your Judgements.
To the Successor it must needs be more hurtful; For when he first cometh in, he payeth First-Fruits, and yet is not allowed to make his benefit by Fines, which all Bishops Farmers are content to do, so that he is cast one whole Annual value behind hand, and perhaps hath no power neither to make Leases in twelve or sixteen Years. This, Mr. Speaker, will induce the Ministers of the Word not to seek Bishopricks, whereby we may bring the Clergy both to Poverty and Contempt, from which they have ever been carefully defended and provided for even by the most antient Statutes and Laws of this Land now extant.
Hurtful it is to their Servants (for this may be every Mans Case) We know very many good Gentlemens Sons serve Bishops, and how can they reward their long and faithful Services, but only by means of granting over of these Fines or some other means out of their Spiritual Function? But this Act is good for the Courtier; but I may speak no more of that point.
Lastly, Mr. Speaker, my self am Farmer to a Bishop, and I speak this as in my own Case (on my knowledge) to the House, that it is ordinary upon every Grant after four or five years, ever to fine and take a new Lease, but I refer it to the consideration of the House to do their Pleasures therein: Only this I can certifie, That I have the Copy of the Bill the last Parliament exhibited to this purpose, which I having confer'd together with the present Bill, do find them to be word for word all one. And the last was rejected. Whereupon this was also (as is beforementioned) rejected.
The Bill that Plaintiffs in Writs of Error shall give good Bayl, was read the second time, and committed unto Mr.Carie, Mr. Tanfield and others, who were appointed to meet upon Monday next in the Middle-Temple Hall at two of the Clock in the Afternoon.
The Bill against fraudulent Administration of Intestates Goods was upon the second reading committed unto the last former Committees in the Bill for Writs of Error, to meet at the same time and place.
The Bill touching the sowing of Hemp was read the second time, and upon the question for committing was upon the division of the House, with the advantage of fifty Voices Ordered to be committed, viz. with the Yea a hundred and three, and with the No a hundred forty two. And upon the question for the ingrossing, was Ordered not to be ingrossed.
The Committees names for the Bill of Subsidy, (whose names see on Monday the second day of this instant November foregoing) as also the Committees names for penal Laws, (who were appointed on Tuesday the third day of this same Month foregoing) were this day delivered to Mr Comptroller.
Sir Francis Hastings, one of the Committees in the Bill for the better keeping of the Sabbath day (whose names see on Yesterday immediately foregoing) shewed the travel of the Committees, and brought in the Bill with some Amendments and a Proviso, and prayed the reading thereof, the Bill standing upon two parts, the latter part thereof not having been dealt in at all by the Committees.
Upon a Motion made this day a Committee was appointed to consider of the Statute for relief of the Poor, and for continuance and Explanation of Statutes, &c. viz. Sir Robert Wroth, Mr Philipps, Sir Edward Hobbie, Sir Francis Hastings, Sir George Moore and others, who were appointed to meet upon Thursday next in the Exchequer Chamber at two of the Clock in the Afternoon.
The Bill for Reformation of Abuses in Alehouses and Tipling Houses was read the second time, and committed unto Sir Edward Stanhop, Mr Wiseman, Mr Johnson, Sir Robert Wroth, Sir Francis Darcy, Mr Peake, Mr Edward Philipps, the Burgesses of Newcastle and others; and the Bill was delivered to Sir Robert Wroth, who with the rest was appointed to meet upon Wednesday next in the Exchequer Chamber at two of the Clock in the Afternoon.
Mr Bacon stood up to prefer a new Bill and said, Mr Speaker, I am not of their mind that bring their Bills into this House obscurely, by delivery only to your self or to the Clerk, delighting to have the Bill to be incerto authore, as though they were either ashamed of their own work or afraid to father their own Children; But I, Mr Speaker, have a Bill here, which I know I shall no sooner be ready to offer, but you will be ready to receive and approve. I liken this Bill to that sentence of the Poet who set this as a Paradox in the fore-front of his Book, first Water, then Gold, preferring necessity before pleasure. And I am of the same opinion, that things necessary in use are better than those things which are glorious in estimation. This, Mr Speaker, is no Bill of State nor of Novelty, like a stately Gallery for pleasure, but neither to dine in nor sleep in; But this Bill is a Bill of repose, of quiet, of profit, of true and just dealings; The Title whereof is, An Act for the better suppressing of abuses in Weights and Measures.
We have turned out divers Bills without disputation: And for a House of wisdom and gravity as this is, to bandy Bills like Balls, and to be silent as if no body were of Councel with the Common-wealth, is unfitting in my understanding for the State thereof. I'le tell you Mr Speaker, out of mine own Experience, that I have learned and observed, having had Causes of this nature referred to my Report; That this fault of using false Weights and Measures is grown so intolerable and common, that if you would build Churches, you shall not need for Battlements and Bells, other than false Weights of Lead and Brass. And because I would observe the advice given in the beginning of this Parliament that we should make no new Laws; I have only made this Bill a confirmation of the Statute of the 11th of Hen. the 7th with a few additions, to which I will speak at the passing of the Bill, and shew the reasons of every particular Clause, the whole being a Revival of a former Statute: for I take it far better to scowre a Stream, than to turn a Stream. And the first Clause is, that it is to extend to the principality of Wales, to constrain them to have the like Measures and Weights to us in England.
Sir Robert Cecill moved the House to have their opinions, in that there wanted a chief Member, viz. a Knight of Denbigh Shire. And he said, I am to certify the House thus much, in respect of some disorder committed there touching the Election by Sir Richard Trevor and Sir John Fludd, to which Sir John Salisbury is a party, the Sheriff could not proceed in Election. For mine own part I think it fit that Mr Speaker should attend my Lord Keeper therein (quod nota, attend) if it please you, You shall hear the Letter which was read, and the Contents thereof was, That on the one and twentieth day of October at he hept the County day, and there being quietly chusing the Knights for the Shire, a Cry came suddainly that Sir Richard Trevor and Sir John Fludd on the one part, and Sir John Salisbury on the other, were a fighting, and all their Companies were ready to do the like. Whereupon presently I went to the ChurchYard where they were, and there I found both parties with their Swords drawn ready, but with much a do pacified them both; and fearing lest by drawing such a Multitude together, there might great danger and blood-shed happen, I made Proclamation that every man should depart. By means whereof I did not execute her Majesties Writ as I thought to have done, rather chusing to adventure your Honours censures herein, than to hazard so great a blood-shed. Subscribed,
Also Mr. Secretary said there was a Schedule annext to the Letter which had some matters of importance not fit to be read; Yet if it please the House to command it, they should. Whereupon all cried No No.
Sir Edward Hobbie answered, Methinks under favour, the motion Mr. Secretary made is good, but the form therein (I speak with all reverence) not fitting the State of this House. For he said, Mr Speaker shall attend my Lord Keeper. Attend? It is well known that the Speaker of the House is the Mouth of the whole Realm; And that the whole State of the Commonalty of a Kingdom should attend one Person; I see no reason. I refer it to the consideration of the House: Only this proposition I hold, That our Speaker is to be commanded by none, neither to attend any, but the Queen only.
Mr Secretary Cecill said, I should be very sorry to detract from any particular Member of this House, much more from the general State; my meaning was mistaken and my words misconstrued, yet both in substance agreeing with Mr Speaker.
At the Committee held this Afternoon touching Returns and matters of priviledge (who had been appointed on Saturday the 31. day of October foregoing) there were shewed divers Precedents to prove that the Warrant to be directed to the Clerk of the Crown for a Writ to be sent out for a new Election of any Member of the House, ought to be directed from the Speaker, which said Precedents were as followeth, viz.
In Anno 27. Reginæ Eliz. Anno Domini 1584. 4th Decembris, Valentine Dale Master of the Requests was returned Burgess for Chichester and also for Hindon, but he chose Chichester; And John Puckering Speaker directed his Warrant to the Clerk of the Crown to send a Writ to make a new Election in Hindon, which bare date the 10th of December, six days after 27 Eliz.
Secondly, In Anno 27° Regin. Eliz. Anno Domini 1584. 21° December. the Writ bearing Teste 19 February for the same matter, In which the stile of the House is, Knights, Citizens, Burgesses and Barons, quod nota.
Thirdly, Anno prædicto Regin. ejusdem Anno Domini 1584. 19 Febr. when Parry being Burgess of Queenborough in Kent was Attainted of Treason, A Warrant was directed to the Clerk of the Crown to make a new Writ dated the 19th day of February aforesaid, in which Warrant under the Speakers own hand was inserted a reason to this effect, viz. because the said Parry is disabled by reason of his Attainder.
Fourthly, In An° xxvii° prædict. Regin. Eliz. Anno Dom. 1584. 30 November. Thomas Bodley was Elected Burgess of Portsmouth and also Baron for one of the Cinque-Ports, viz. Hieth, but he took Portsmouth and refused the other; whereupon a Warrant was directed as abovesaid, but no Teste of the Writ was there.
Sixthly, 3° December. Anno Domini 1584. John Puckering being Speaker was chosen for Bedford and Caermarthen, and chose Bedford, whereupon a Warrant was made to the Clerk of the Crown for a new Writ, which bare date the 4th day of December Anno xxvii° Regin. Eliz. All which Warrants were signed by the Speaker John Puckering.
Cardigan hath been by antient Precedents ever since the first Year of Queen Elizabeth a Burgess Town, and ever the Return of the Indenture hath been for Cardigan only. Now this Parliament, the Sheriff of the Shire favouring a Town called Aberystwith, after he received the Parliament Writ, sent his Warrants to the Bayliffs of Aberystwith to chuse a Burgess, &c. who chose a Burgess, viz. Doctor Awbrey, and return'd him Burgess for Cardigan and Aberystwith, and shewed in the Indenture the Election to be made by both Towns; And the Indenture was signed with the Sheriffs hand. On the other side the Bayliffs of Cardigan understanding the Writ to be come to the Sheriff, took notice thereof, and without Warrant from the Sheriff made and Indenture and Election of William Delabarr, and sent the same in a Letter to him. Mr Delabarr sought the Sheriff or his Deputy in London to deliver the Indenture of Cardigan, but not finding him, delivered the same to the Clerk of the Crown, paid his Fees, was sworn and admitted into the House till this present day. Now at this Committee for Priviledges Dr. Awbrey came to complain; the Committees found upon Examination of the matter, that the County Court was as well kept at Aberystwith as at Cardigan, alternis vicibus, and that the County Court was to be kept this time at Aberystwith. So when they went to the Conference both Awbrey and Delabarr were desired to depart forth. And upon Consultation these Questions arose; First, Whether the House have Power to Fine the Sheriff, because according to the Statute, he sent not his Warrant to Cardigan; Next, If he be punishable by the Penalty of the Statute; Also if he have pursued his Authority in making his Election in Aberystwith. Which are left with divers other doubts to the discussing of the House the next day, and to the Report of Sir Edward Hobbie or Mr. Sollicitor.
Sir Edward Hobbie at this Committee said, Awbrey and Delabarr, the one a Civil, the other a Common Lawyer; That he might say to them as the Duke of Millain said of the Thief, It is no matter, whether goes first, the Hangman or the Thief.
On Friday the 6th day of November, Three Bills of no great moment had each of them one reading; of which the last being the Bill to avoid divers misdemanors in base and idle Persons, was read the first time.
Mr. Dr. James being a Committee in the Bill against Drunkenness, which was committed on Wednesday the 4th day of this instant November foregoing, declared the meeting and travel of the Committees and their framing of a new Bill to that purpose, and so delivered in both the old and the new Bill.
Three Bills also had each of them one reading; of which the last being the Bill for the better keeping of the Sabbath day was read the third time and Ordered to be referr'd to the former Committees (whose names see on Wednesday the 4th day of this instant November foregoing) for the framing of a new Bill; And Sir Robert Wroth, Mr. Sollicitor, Mr. Wingfield, Mr. Glascock, Mr. Henshaw, Mr. Johnson and Sir William Wray were added to the said former Committees, to meet this day in the Afternoon at two of the Clock in the Exchequer Chamber.
Two Bills lastly of no great moment had each of them one reading; of which the first being the Bill against false Returns, and not returning Writs by Warrant by Sheriffs and Bayliffs, was read the third time and dashed upon the question.
On Saturday the 7th day of November, the Bill that the Lord Marquess of Winchester may dispose of his Lands whereof he is Tenant in Tail as other Tenants in Tail by the Laws and Statutes of the Realm may do, a private Statute made 27 Henr. 8. to the contrary not withstanding, and for Confirmation of a Partition heretofore had before the late Lord Marquess of Winchester Deceased; and the now Lord Mountjoy, by Vertue of a Statute made in the last Parliament, was read the first time.
The Bill for the better setting of Watches was read the second time and committed unto Sir George Moore, Sir Robert Wroth, the Knights and Citizens for London and Westminster, Mr Wiseman and others, who were appointed to meet upon Thursday next at two of the Clock in the Afternoon in the Middle-Temple Hall.
The Bill to avoid divers misdemeanors in base and idle persons was upon the second reading committed unto the last former Committee in the Bill for setting of Watches, and Mr Johnson was added unto them; And the Bill was delivered unto Sir Robert Wroth one of the same Committee, and Mr Serjeant Harris to be exempted out of the Committee, because he spake against the body of the Bill, according to the antient Order in Parliament.
The Bill against Drunkards and Common Haunters of Alehouses and Taverns was read the second time and committed to the former Committees for the Sabbath (whose names see before on Wednesday the 4th day of this instant November foregoing) and to the Committees for Drunkenness (who were appointed on the said 4th day of November) And there were added unto them Mr Francis Darcy and Mr Francis Moore, who were appointed to meet upon Friday next at two of the Clock in the Afternoon at the MiddleTemple Hall.
Upon a Motion made by Sir Edward Hobbie a Member of this House, that where one . . . . . . . Woodall, Servant and Attendant upon William Coke Esq; return'd into this present Parliament one of the Burgesses for Westminster, was Yesterday Arrested at the Suit of one Robinson Citizen of London, upon a Bill of Middlesex, and committed into Newgate, London, to the great indignity and contempt of the Priviledges and Liberties of this House, That the Serjeant of this House should be presently sent into Newgate to bring the said Woodall now Prisoner there unto this House this present Forenoon, sitting the Court. And after some short space of time he was accordingly brought into this House from Newgate; and being at the Bar with his Keeper attending upon him, he was by Order of this House discharged from his said Keeper and from his said Imprisonment, and delivered unto his said Master, to bring him again upon Monday next unto this House; with further Order unto the Serjeant, to bring or cause the said Robinson to come into this House upon Monday next to Answer the said contempt, and to abide the further Order and resolution of this House therein accordingly.
Upon a Motion made by Sir Francis Hastings a Member of this House, complaining of some abuse offered unto him and sundry other the Members of this House Yesterday, by the lewd misdemeanors of Pages and other unruly persons upon the outer stairs in the passage into this House, shewed, that he then seeing the said disorders, thought it fit to lay hold of one of that disordered Company, such a one as he could, and so apprehended one Rowland Kendall as an Agent in these misdemeanors, who being brought unto Mr Speaker, was committed Prisoner to the Serjeant of this House: And in the end moved, that he may be remitted upon his humble Submission unto this House, and with that punishment which he hath already sustained since Yesterday by Imprisonment (if this House shall so think meet) the rather because he cannot directly charge him in the particular, but that he was amongst the said disordered Company. Whereupon the said Kendall was brought to the Bar by the Serjeant; and was after his humble Submission, requestred until the House should further resolve therein. And then afterwards being brought again to the Bar, upon his humble Submission as aforesaid, was discharged, after Admonition given unto him (for his behaviour hereafter) by Mr Speaker at large.
Sir Walter Raleigh moved the House to consider to what intent they came together, and now in their coming what was to be considered. For the Subsidy and the manner and quality thereof I will now only intimate thus much unto you, That the last Parliament, only three Subsidies were granted, upon fear that the Spaniards were coming; but we see now they are come, and have set foot even in the Queens Territories already, and therefore are the more of us to be respected and regarded. And seeing the sale of her Highness's own Jewels, the great Loans the Subjects have lent her, yet unpaid, the continual selling of her Lands and decaying of her Revenues, the sparing ever out of her own purse and apparel for our sakes will not serve, but yet she must be fain to call her Court of Parliament for our advice and aid in this Case, I wish for my own part (as a particular Member of this CommonWealth) that we may not do less than we did before; And that we also would bountifully according to our Estates, contribute to the necessity of her Majesty, as now it standeth.
Mr Wiseman after a discreet and judicious Speech made touching Gods protecting us for Religion sake or peace and quietness, the safety of her Majesties person, the great victories we have had, the greatness of Neighbouring Princes raised only by her Majesty, so that she hath spent, as it was said by Sir Walter Raleigh, so much, that now she is fain to desire the help of her subjects; Let us therefore draw to some head and leave our Orations and Speeches fitter for a Parliament than for a Committee. We are to consider only what is fit to be given; And as for my part as a poor Member and one of the meanest in this House, I will be bold to deliver mine opinion first, because some must break the Ice. Three pound Land and under to pay two shillings eight pence in the pound, and five pound goods and under to pay one shilling eight pence in the pound, and double Tenths and Fifteenths assoon as may be. Although I may seem over bold, being but a Rural and Countryman, to speak even out of my Element in this Case; Yet I do heartily crave pardon of all, beseeching that neither my unaptness or disorder of Speech, nor the unworthyness of my Person may prejudice the Cause.
Sir Walter Raleigh said, If all pay alike, none will be agreived; if any be exempted, doubtless it will breed much grief, and the feeling will be great to those three pound men that will feel any thing, but it will be nothing to them that know any thing.
Sir Edward Hobbie said, We cannot hear you speak out, you should speak standing that so the House might the better hear you. So Sir Walter Raleigh said that being a Committee, he might speak either sitting or standing, and so repeated over again the former Speech.
Mr Secretary Cecill said, Because it is an Argument of more Reverence, I chose to speak standing. As long as the Queen by the advice of her Council did find means to spare you, so long she ever desired that her Subjects might not be charged: But if her Majesty assoon as the last Subsidy had been spent, should have again resorted unto you, I do assure you this Parliament had been called in October last. Now if upon providence and foresight, you did contribute unto her Majesty; much more should we now do the same, seeing a resolute Company of Souldiers have intrenched themselves in her Majesties Kingdom of Ireland, and more Supplies thither are daily expected. It is time to open our Coffers, that we may obviate in the beginning these few Forces of the Spaniards, left growing to greater Forces we cannot expel them with less than five hundred thousand pound, which we may now do with one hundred thousand in present. If there be any that sits next the Door that desires to sit next the Chair to give his opinion, I will not only give him my place, but thank him to take my charge.
We that sit here, for my part, take your favours out of courtesy, not out of duty; but to the purpose. The Queen hath occasion to use, as divers in this House do know, three hundred thousand pound before Easter, how this shall be raised and gathered, that's the question; for without this proportion of charge, neither the Spaniards in Ireland can be repell'd, and the Wars there maintained, neither her Majesties other affairs be set on foot, neither provision sufficient can be set on foot or made from defence of Foreign Invasions. Admit with a less charge we should now expel him, will any man be so simple to think he will give over the enterprise being of so great consequence, and grow desperate? I should think him but a man of shallow understanding and less policy. Surely if we had been of that mind when he had that great overthrow of his invincible Navy in eighty eight, we had been destinated to perdition. For how many changeable enterprises of puissant and great consequence hath he since made? The like, if his Forces in Ireland should now fail, would he do again. And therefore that provision we now make, if he should be expell'd with a less matter, would serve to make defence against his next Invasion of that Kingdom, as also enrich her Majesty to be ready to furnish her Navy and Forces the speedier for her safety. Besides, if he bestow such Masses of Treasure for the gaining of one poor Town, Ostend, what will he do to gain so strong and famous a Kingdom as Ireland? I will by the leave of a worthy person who sits by me, and knows these things better than I do, yield a particular account unto you of the state it self. First, the last whole Subsidy after the rate of four pound Lands and eight groats Goods, came not to above fourscore thousand pounds; the Subsidy of the Clergy twenty thousand pound, the double Fifteenths threescore thousand pounds; All which is eightscore thousand pounds. Since my Lord of Essex's going into Ireland, she hath spent three hundred thousand pound. So the Queen is behind one hundred and forty thousand pound. Thus we refer the matter to your judicious consideration: We only shew you the present state of the Queen and her affairs, wishing no man to look that we should give advice what is to be done, as though you your selves who are the wisdom of the Land, could neither direct your selves, nor upon these reasons alledged judge of the necessity of the State.
Mr Comptroller, Sir John Fortescue and Secretary Herbert spake all to the like effect; only Sir John Fortescue added this, that what pleased the House in the name of the Subsidy to bestow the same, Her Majesty did and would ever imploy to their uses; so that dying, it might be written on her Tomb, Quòd occupatus vixit, so that she dying liveth still imploying all to the safety of her Subjects. And I beseech you remember, that the Great Turk when he Conquered Constantinople found therein three hundred Millions of Gold; If they, quoth he, had bestowed three Millions in defence of their City, he could never have gotten it. From this Blindness I pray God defend us, that we may not be backward to give four Subsidies to her Majesty, for want whereof in time we may happen to lose that which will not be recovered or defended with a hundred.
So after a few other Conferences and Speeches pro & con, it was concluded, that the House should be certified of the proceeding on Monday, and by general consent the three pound men to be included. And so the House about six of the Clock, it being dark Night, rose confusedly, and would sit no longer. Vide concerning this matter on Saturday the 5th of December postea.
Note, That Mr Maynard by consent of the whole House sate in the Chair as Clerk to register the Order of this Committee, who wrote at the least two Sheets of Paper. By consent also he was licensed to put on his Hat.
On Monday the 9th day of November, the Bill for the strengthening of the Grants made for the maintenance and Government of the House of the Poor called St Bartholomews Hospital of the Foundation of King Henry the Eighth, according to a Covenant made by the said King, was read the first time.
The Bill for Reformation of certain Abuses concerning Process and Pleadings in the Court of Exchequer upon supposals without just grounds in the Office of the Treasurers Remembrancer, was read the second time and committed unto all the Privy-Council being Members of this House, The Queens Learned Councel Members also of this House, Sir Robert Wroth, Sir Edward Hobbie, Mr Philipps and others, who were appointed to meet to Morrow in the Afternoon in the Exchequer Chamber at two of the Clock; and the Bill and Committees names was delivered unto Mr Chancellor of the Exchequer one of the Committees.
Heyward Townsand Esq; did this day prefer a Bill against the multitude of Common Sollicitors, and at the same time spake as followeth. May it please you, Mr Speaker, It was well said by a Worthy Member of this House Mr Francis Bacon, that every man is bound to help the Common-Wealth the best he may; much more is every man in his particular bound, being a Member of this House, if he knew any dangerous Enormity towards the Common-Wealth, not only to open it, but if it may be, oppose it. We being all here within these Walls together may be likened to a Jury close shut up in a Chamber; every man there upon his Oath, and every man here upon his Conscience, being the Grand Jurymen of the Land, bound to deal both truly and plainly. Herewith (though a most unworthy and least sufficient Member of this House) my self being touched, I had rather adventure my Credit by speaking though confusedly, than to stretch my Conscience (knowing so great a mischief and inconvenience unto this Kingdom) by silence in so pleasing a Cause as I do perswade my self this Bill will be to every man that hears it. To which Mr Speaker, because I may have benefit of Speech if occasion serve, at the second reading thereof, I will not speak more at this present, but only touching the very Tract of the Bill it self. The Honourable Personage, that in the Upper House in the beginning of this Parliament, spake against the lewd abuses of prolling Sollicitors and their great multitude, who set diffension betwixt man and man, like a Snake cut in pieces crawl together to join themselves again to stir up evil Spirits of Diffension; He I say advised us, That a Law might be made to repress them; I have observed that no man in this Parliament ever offered to prefer any such Bill to this House, but sure I am no man spake to this purpose. I have therefore Mr Speaker, presumed out of my young Experience, because I know part of their abuses, and with that small Portion of Learning that I have, to draw a Bill, and here it is. The title is thus: An Act to repress the multitude of Common Sollicitors. The body of the Act disableth all persons to sollicit any Cause other than their own. There are excepted and fore-prized four several sorts, Lawyers and Attornies in their own Courts; where they be sworn Servants in Livery, and Kinsmen within the fourth degree of Consanguinity. And no man within this Kingdom but may find a fitting and convenient Sollicitor within these four Degrees. And I humbly pray, it being so short, that the Bill may be read and received.
When it was the good pleasure of this House to give Order to the Committees to consider the common danger of the Realm, in which not only every Member of this House but every man in the Kingdom is interested, it liked the Committees after their resolution to chuse one among all to give account of their proceedings, and that is my self. I do know it were the safest way for a mans memory to deliver the last resolution without any precedent Argument; for rare is the Assembly in which there is not some variety of opinions. I need not recite the form, the Committee by reason of so good attendance being little inferiour to our Assembly at this present. Yet if it be true that forma doth dare Essentiam, it will be somewhat necessary for me to deliver the manner of our proceedings and the circumstances, rather than hazard the interpretation of such a resolution.
The day was Saturday last, the place this House, the time about four hours; and I am of opinion, if we had all agreed upon the manner, as we did speedily upon the matter, all had been dispatcht in an hour. It seemed by the ready consent of the Committees that they came not to look on one another, or like Sheep one to accompany another; but the matter was well declared by some, and at length consented unto by all. Our contention bred difference, and difference cause of Argument, both how to ease the State, and make this Subsidy less burthensom which shall be received. Some were of opinion that the three pound men should be spared, because it was to be considered they had but small Portions. Others were of opinion that the four pound men should give double, and the rest upwards should be higher Sessed. Others were of other Opinions. Again it was moved, whether this Subsidy should go in the name of a Benevolence or Contribution, or whether in the name of a fourth Subsidy; but at length most Voices resolved it should have the old name of a Subsidy, because Subsidium and Auxilium are all one. The most Voices concluded that there should be no exception of the three pound men, because according to their rate some were Sessed under value; besides, separation might breed emulation, suspition of partiality and confusion. The time was resolved upon. And in respect of expedition, to be by the first of February. And the whole Realm when each man comes into his Country will be bet\?\ter satisfied when they shall know they have spared no man, nor made any disjunction. It was said by a Member of the House, that he knew some poor people pawn'd their Pots and Pans to pay the Subsidy. It may be you dwell where you see and hear; I dwell where I hear and believe. And this I know that neither Pot nor Pan, nor Dish nor Spoon, should be spared when danger is at our Elbows. But he that spake this, in my Conscience spake it not to hinder the Subsidy, or the greatness of the Gift, but to shew the Poverty of some Sessed, and by sparing them to yield them relief. But by no means I would have the three pound men exempted, because I do wish the King of Spain might know how willing we are to sell all in defence of Gods Religion, our Prince and Country.
I have read when Hannibal resolved to sack Rome, he dwelt in the Cities adjoining, and never feared or doubted of his Enterprize, till word was brought him that the Maidens, Ladies and Women of Rome sold their Ear Rings, Jewels and all their necessaries to maintain War against him. I do take my self in duty bound to acquaint this House with the modesty of the Committee at the Proposition; that where first this House never stuck to commit it, they never stuck (understanding the reasons) to grant it. I do perswade my self, that the bonus genius of this House did not wish a more resolved unity, than we had unity in resolution. And of this great Committee it may be said, de majoribus Principes consultant, de minoribus omnes. Thus by your Commandments have I undergone this Charge, and will be ready to do the like duty whensoever you command me.
Then after Consultation had of the great occasions, it was put to the Question, whether the double Tenths and Fifteenths should be paid by the first day of February, viz. for this fourth Subsidy before the third begin; and that the first payment of the first three Subsidies should be brought in by the 10th of June, viz. half a Subsidy; And all said Yea, and not one No.
Then was a Motion made by Sir Robert Wroth, that this new Subsidy might be drawn in a Bill by it self, to which should be annext a Preamble of the great necessities, the willingness of the Subject, and that it might be no Precedent; but that would not be yielded unto.
Mr Francis Moore moved that, that which was done might be compleatly done, and the Subsidy gathered by Commission and not by the old Roll; for peradventure some were dead, others fallen to Poverty, others Richer, and so deserved to be inhansed, &c. And withal he said, that the granting of this Subsidy seemed to be the Alpha and Omega of this Parliament.
Mr Wingfield moved the Honourable of the Councel, Members of this House, That seeing the Subsidy was granted, and they yet had done nothing, it would please her Majesty not to dissolve the Parliament till some Acts were passed.
Mr Francis Bacon after a Repetition of some of what was done Yesterday, that the three pound men might not be excluded, he concluded, that it was Dulcis tractus pari jugo, therefore the Poor as well as the Rich not to be exempted.
Sir Walter Raleigh said, I like not that the Spaniards our Enemies should know of our selling our Pots and Pans to pay Subsidies; well may you call it Policy, as an Honourable Person alledged, but I am sure it argues Poverty in the State. And for the Motion that was last made of Dulcis tractus pari Jugo, Call you this par jugum, when a poor man pays as much as a rich, and peradventure his Estate is no better than he is set at, or but little better; when our Estates that be thirty pound or forty pound in the Queens Books, are not the hundred part of our Wealth? Therefore it is not Dulcis nor pari.
Mr Secretary Cecill, That now, seeing one of the weightiest matters and causes of Calling this Parliament was agreed upon, he doubted not but we should have both a quick Parliament and speedy payment. But for that the Gentleman said on my right hand, that the Subsidy was the Alpha and Omega of this Parliament, I think he spoke it not simply out of humour, but rather upon probability; for I can assure you her Majesty is as respective over you touching her Laws, which she desireth may be perused and amended, that she meaneth not to Dissolve this Parliament till some things be amended. For that, that I said touching the Spaniards knowing of our sale of our Pots and Pans and all we have to keep him out, which should be a matter of Policy, to which the Gentleman on my left hand (Sir Walter Raleigh) took Exceptions, I say it is true, and yet I am mistaken: I say it is 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 in 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 cryed No, No, as much as to say, no man did so.
Sir Arthur Gorge moved, that it would please the Council that Order might be taken that Justices of the Peace might be Sessed according to the Stature, viz. at twenty pound Lands, whereas there be few Justices that be above eight or ten pound by Mr Secretary noted in his Table Book.
Then Serjeant Heyle stood up and made a Motion, saying: Mr Speaker, I marvel much that the House will stand upon granting of a Subsidy, or the time of payment, when all we have is her Majesties; 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 all the House hemm'd and laughed and talked. Well quoth Serjeant Heyle, all your Hemming shall not put me out of Countenance. So Mr Speaker stood up and said, It is a great disorder that this should be used; for it is the antient use of every man to be silent when any one speaketh; and he that is speaking should be suffered to deliver his Mind without interruption. So the said Serjeant proceeded, and when he had spoken a little while, the House hemm'd again, and so he sate down. In his latter Speech he said, he could prove his former Position by Precedent in the times of Henry the Third, King John, King Stephen, &c. which was the occasion of their Hemming.
Mr Mountague of the Middle-Temple said, that there were no such Precedents; and if all Preambles of Subsidies were looked upon, he should find it were 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 of Wooll, 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 levyed by way of Subsidy, would not be any way answerable to raise that great Mass he desired. And so having these Tenths he sold them to private men to gain that Subsidy, and so raised Money to himself for his Enterprize.
The Queens Learned Councel and all the Serjeants at Law being Members of the House (after the foregoing long dispute touching the Subsidy and the conclusion thereof) are appointed by the House to draw into the form of a Bill the Articles agreed upon by the Committees for the Subsidy; and also the days of payment agreed upon by the said House this present day; and Ordered to meet at their Pleasures as often as they shall think fit from day to day and from time to time. Vide plus de ista materia December 5. Saturday postea.
On Tuesday the 10th day of November, Five Bills had each of them one reading; of which the last being the Bill against blasphemous Swearing was read the second time and committed unto Sir Francis Hastings, Sir Robert Wroth, Sir George Moor, Sir Thomas Leighton and others, who were appointed to meet upon Saturday next in the Middle-Temple Hall at two of the Clock in the Afternoon.
The Bill for uniting and consolidation of certain small Churches in the City of Exeter was read the second time and committed unto Sir Walter Raleigh, Sir Francis Darcie, Mr Sollicitor, Mr Serjeant Heyle, Mr Secretary Harris, all the Doctors of the Civil Law and others, who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the Middle-Temple Hall.
Robinson Citizen of London was brought to the Bar by the Serjeant and charged by Mr Speaker in the name of this House with his offence in procuring to be Arrested one Wooddall Servant Attendant upon William Croke Esq; a Member of this House, to the great contempt; indignity and prejudice of this whole House. And the Members thereof: being asked what he could say for himself for his defence, answered, that he was heartily sorry for that he had given any cause of offence unto this House, most humbly craving Pardon for the same; And most confidently protested and affirmed, that he knew not, nor ever heard before the said Arrest made, that the said Wooddall was Servant or belonging to any Member of this House, but had delivered the Warrant by which he was Arrested, unto the Officer long before the Parliament began. Whereupon after some Speeches had therein he was by the Order of this House discharged, paying his Fees to the Serjeant and Clerk.
Two Bills also had each of them one reading; of which the second being the Bill for the benefit of Merchants and advancement of her Majesties Customs and Subsidies both Inwards and Outwards, was upon the second reading committed unto all the Privy-Council and Learned Councel being Members of this House, the Knights and Citizens of London, Sir Walter Raleigh and others; And the Bill was delivered to Mr Secretary Herbert, who with the rest was appointed to meet upon Thursday next in the Exchequer Chamber at two of the Clock in the Afternoon, and all her Majesties Customers and Officers appertaining to the Custom-House, and other Merchants to have warning to be then and there present to attend the Committees.
On Wednesday the 9th day of November, Mr Snigg made Report of the meeting of the Committees and of their travel in two Bills, viz. That the Plaintiff in Writs of Error shall give good Bail, brought in with some Amendments and Alterations; and the other against fraudulent Administration of Intestates goods, without any Amendments. And so delivereth them in and prayeth the reading.
Three Bills had each of them one reading; of which the last being the Bill for the Inhabitants of Rachdale in the County of Lancaster, was read the second time and committed unto Mr Francis Moore, Mr Holcrost, the Knights for Lancaster, Mr Hancock, Mr Beeston and others, who were appointed to meet upon Wednesday next in the Middle Temple Hall at two of the Clock in the Afternoon.
Three Bills had each of them one reading; of which the last being the Bill for abbreviation of Michaelmas Term was read the second time; and upon the question whether it should be committed or no, the Knights and Citizens of London were against it. And therefore upon the nomi nating of the Committees it was doubted and questioned whether they could be admitted into the said Committee or no. Which dispute because it is omitted in the Original Journal-Book of the House of Commons, is therefore supplied out of that often before-cited private Journal of the same House.
Sir Edward Hobbie spake first and said, that it was against the Order of the House to admit the Knights and Citizens of London to be of the Committee, because they had given their Voice already against the body of the Bill.
Mr Secretary Cecill said, I am willing to speak in two respects; the one touching the Bill it self, the other touching the Controversie in the House about the Commitment. Touching the Bill, I dare not upon my own Judgment be so venturous or bold to reject this Bill, unless first it might have a Commitment. For the wisdom of that time when it was first instituted was so apt to look into imperfections, that doubtless if an inconvenience had been but espied, they would streight have avoided it. Therefore in my opinion it is not fit for us to look into the Actions of former Ages, but upon mature and advised deliberation. I do therefore greatly commend the Wisdom of this House in Committing this Bill and others of the like nature, before we reject them. For the other part, though it be a Rule in the House that those against the Bill should be no Committees, yet in a case of so great consequence and so greatly touching the State of the City of London, there is no reason but that they may have their particular Voices as Committees as well as every Member of this. House; neither have we reason to exclude them more than any other, especially they being chosen for the most principal City of this Kingdom, which is the Chamber of her Majesty, whom we should the rather respect for her Majesties sake, who doth and will remember their Loyalty and Faithfulness shewed unto her in the late dangerous Action (viz. the Earl of Essex's rising) for which if ever Prince had Cause of thankfulness unto her Subjects, doubtless her Majesty is to confess as much. In my opinion therefore we should do great wrong and purchase great blame at their hands that sent them hither in Trust, if in a matter of this consequence, and so particularly touching the State of this City, we should not admit them Committees.
Mr Wiseman said, that by committing of a Bill the House allowed of the body thereof though they disallowed of some imperfections in the same, and therefore committed it to some chosen men of Trust to reform or amend any thing therein which they found imperfect. And it is to be presumed that he that will give his No to the Committing of a Bill, will be wholly against the Bill. And therefore the House allowing of this Bill to be committed, are (in my opinion) to disallow any that will be against the body of the Bill for being Committees.
Mr Comptroller said, he was of opinion, for the reason before alledged, that they ought to be Committees, but he moved another question, Whether a Committee speaking against the Bill at the Commitment, may also speak at the ingrossing thereof in the House, and have his free Voice.
Sir Edward Hobbie said, that may be resolved upon by many Precedents. And for mine own opinion, I think that he that is against the body of the Bill can be no Committee; And he that being a Committee speaketh against the Bill, may also speak hereafter in the House.
Mr. Fulk Grevil said, That a Committee was an artificial body framed out of us who are the general body; And therefore that which is spoken at the Committees, evanescit, it is gone, when the body which is the Commitment is dissolved; and then every particular Committee is no more a 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 Mr. Speaker stood up and said, I will propound two questions; The first, if when a man hath spoken against the body of the Bill, he may be a Committee; The second, whether any Member of this house after having been a Committee in any Bill, may afterwards speak in the Negative part against the said Bill. Now, quoth he, I will propound the first question: All they 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 they that will not, say No; All said No. So he did for the second question, and not one said No, but all Yea. Which said Order and resolution was appointed by the House to be entred for a future Precedent accordingly.
Then he put it to the question, whether they of London notwithstanding this Order, in respect this Commitment greatly concerneth the State of the City, should be Committees. And the Yeas were greater than the Noes. And thereupon the said Knights and Citizens for London were nominated with the other Committees, whose names are now here in the next place inserted out of the Original Journal-Book of the same House in manner and form following.
All the Privy Council and all the Queens Learned Councel being Members of the House, All the Serjeants at Law being of this House, Sir George Moore, Sir Thomas Conisbie, Sir Charles Cavendish, Sir Michael Sands, Sir Edward Hobbie, Sir William Wray, the Knights for the Twelve Shires of Wales, the Knights for Cornwall and Devonshire, the Burgesses for the Borough Towns beyond Trent, the Burgesses for Lancaster, Mr Wingfield, Mr Thynne, Mr Fulke Grevill, Sir John Egerton, Sir Francis Hastings, Mr Carew, Mr Francis Moore, Mr Maynard, Mr Varney, Mr Swaine, Sir Robert Wroth, Sir Jerom Bowes, Sir Moile Finch, Sir Francis Darcy, the Knights and Citizens for London, Mr Barrington, Mr Hancock, Mr Tate and Mr Thomas Jones. And the Bill and Committees names were delivered to Mr Fulk Grevill, who with the rest was appointed to meet upon Wednesday next in the Exchequer Chamber at two of the Clock in the Afternoon.
On Thursday the 12th day of November, Five Bill of no great moment had each of them one reading; of which the last being the Bill to avoid trifling and frivolous Suits in Law, was read the second time and committed unto Mr Lashbrooke, Mr Hubbard and others, who were appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall at two of the Clock.
The Bill against fraudulent Administration of Intestates goods, and the Bill for avoiding of unnecessary delays of Execution upon Judgments, were each of them read the third time and passed upon the question, and were sent up to the Lords by Mr. Comptroller, Mr. Secretary Herbert and others.
Two Bills also of no great moment had each of them one reading; of which the first being the Bill for Denization of certain persons born beyond the Seas was read the second time and Ordered to be ingrossed.
John Baker was brought to the Bar and charged by Mr. Speaker in the name of this House, with contempt committed by him against the Liberties and Priviledges of this House in Arresting of one ......... Wooddall servant unto William Cooke a Member of this House; who answered, that he knew not, that the said Wooddall did belong unto the said Mr. Cooke or unto any other Member of this House: and was by the Order of this House committed to the Serjeant's Custody until to Morrow, at which time the House hath appointed to take further Order therein.
The Bill for confirmation of Grants made to the Queens Majesty and of Letters Patents from her Highness to others, was read the second time and committed unto all the Queens Privy Council being of this House, Mr. Francis Moore, Mr. Tanfield and others; And the Bill and Committees names were delivered to Mr. Secretary Herbert, who with the rest was appointed to meet upon Saturday next at two of the Clock in the Afternoon in the Exchequer Chamber.
On Friday the 13th day of November the Bill for the restraining of Butchers in and about the City of London from selling, and covetous Ingrossers from buying of Fells and Sheep Skins, &c. had its first reading.
Two Bills also had each of them one reading; of which the second being the Bill concerning matters of Assurances used amongst Merchants was read the second time, and Committed unto all the Privy Council being Members of this House, all the Doctors of the Civil Law likewise of this House, Sir Walter Raleigh and others, who were appointed to meet upon Thursday next in the Exchequer Chamber at two of the Clock in the Afternoon.
John Baker was brought to the Bar by the Serjeant and charged by Mr. Speaker with his ofsence, &c. was asked what he could answer for himself. Upon his humble submission made, earnest protestations of not knowing the said Wooddal to pertain to any Member of this House, and being Sequestred until the House had considered of the same, he was again brought to the Bar and by Order of the House discharged paying his Fees. Vide concerning this matter on Yesterday immediately foregoing.
Mr Hugh Beeston stood up in the lower end of the House and said, Mr Speaker, We that be here cannot hear you that be above, I would it would please them that speak there to speak louder. Also I am to certifie you, that I am here for a Town, but not for mine own Country of Denbighshire or for any part thereof; but if I should not speak somewhat for my Country, I dare never go thither again. Therefore I heartily beseech you, 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 cannot but find themselves grieved for want of the Election. But what is done I know not.
Mr Secretary Cecill said, Because I was the Reporter of the stay of the Election, as also of the proceeding. I will now also certifie you, that there was Order taken for the sending out of a Warrant for the Election; but what is done therein, I know not.
Mr Speaker said, I gave Warrant to the Clerk of the Crown according to the antient form to send out a new Writ, who answered me that the Lord Keeper desired to have the Warrant directed to him for a new Writ and for his Warrant for sealing thereof, so that nothing is done therein.
Sir Edward Hobbie said, There is no Court that doth not observe his Rites and follow his Priviledges, 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 which I have seen and observed touching this point have ever gone to the Clerk of the Crown and to none other. And therefore I take it, that course ought inviolably to be observed.
Sir George Moore said, I agree with the Gentleman that last spake, that Precedents ought to be observed; but yet not altogether, upon urgent occasion or by necessity of time: knowing this, I take it my duty to inform you, if any alteration have been, it proceeded from the imperfection of a Speaker. It was well observed by an antient Member of this House, 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 do I think it would be more Honourable to this House to direct our Warrant to the Lord Keeper, than to any inferiour Minister in the Chancery.
Sir Francis Hastings said, By the leave of your Honourable Favours, I will shew you that I my self was Yesterday with the Lord Keeper, and how Honourably I heard him speak of this House; that he desired nothing more than to shew the duty and love he beareth us, as also himself would be our immediate Officer, and would be willing and glad to receive a Warrant from us, so it might be directed to him for his discharge, be it in what terms soever we pleased. And he said, he doubted not, but if this Honourable House knew so much, they would rather chuse him than any other for their Minister. Thus much I thought good to certifie this House of, which being spoken in private unto me, I now deliver in publick unto you for my own advice. I think nothing can be more Honourable unto this House, than to have a Person of so great Estate, to whom we may direct our Warrant as to our Minister.
Mr Francis Bacon said, It is far more Honourable for this House in my opinion, when our Warrant shall move the principal Member of Justice, than when it shall command a base petty or inferiour Servant to the Clerk of the Crown, or the Clerk of the petty Bag. It will be said, that our Warrant Emanavit improvidè, when we shall direct our Warrants to these base Officers, when we may move the Great Seal of England by it, even as soon as either petty Bag or petty Officer.
Mr Speaker said, I was and ever am Zealous and Jealous of the Priviledges and Orders of this House. I was commanded by you to send forth a Warrant for the Election of a Knight and Burgess; I found a resolution, that during the time of the sitting of this House, the Speaker for a new Election is to make a Warrant directed to the Clerk of the Crown: so that in my doing thereof I hope I have done rightly.
Mr Secretary Cecil said, I hope I shall move unto you a Conclusion which will end this Controversie, and in the mean time a saving to all persons. I mean not to second my former Error, for which I was excepted unto; that is, that Mr Speaker or any Member should attend the Lord Keeper; but that four might be Assigned by this House to go to the Lord Keeper. I say to go (as if he should have said, mark. I say not to attend) to the Lord Keeper to know the cause of the stay, as also his request unto this House: And that other six might be Assigned to call before them the Clerk of the Crown, the Clerk of the petty Bag and the Clerk of this House, with their Precedents and Books to see to whom this Warrant hath in former times been directed, and whether the Priviledges in former Ages have danced a Pavin to and fro, and according to the time have been altered. This to be done this Afternoon, and to certifie this House to Morrow, and then we to make a determinate resolution.
Mr Holcrost of Cheshire said, May it please you, Mr Speaker, the County day for Denbighshire is on Thursday next, and therefore there had need be speed made, otherwise there can be no Election this Parliament.
Mr Speaker said, Will it please you to name the six Committees, so the House named Sir Edward Hobbie, Serjeant Harris, Sir Francis Hastings, &c. The Speaker likewise said, Will it please you to name the four to go to the Lord Keeper, so the House named Secretary Herbert, Sir Edward Stanhop, Sir Edward Stafford and Mr Fulk Grevill.
On Saturday the 14th day of November, Mr Cotton a Member of this House moved for the receiving of two Bills, which he then offered to the consideration of the House, and were accepted accordingly; but were not then read by reason of sundry occasions of lett, and for that also Mr Speaker had not perused them.
Three Bills also had each of them one reading; of which the third being the Bill that Edward Markham may dispose of his Lands as other Tenants in Tail lawfully may do, was read the second time, and committed unto Sir Robert Wroth, Sir Moyle Finch and others, who were appointed to meet upon Friday next at two of the Clock in the Afternoon in the Court of Wards, and the Parties whom it concerneth to bring their Evidences and Writings to the Committees.
Mr Johnson informed the House, that sundry Members of this House have been served with Subpæna's, viz. Edward Mountague Esq; to appear in Chancery upon the 6th day of this instant November ad respondend. Will Riddlesden; upon Sir Micheal Sandes to appear in the Kings-Bench ad testisicand' die Veneris prox' post Crast' Sancti Martin. at the Suit of John Stow; upon Goddard Pemberton to be in the Chancery, vii° die Novembr. ad Sect. Will Wood. Whereupon the Serjeant was appointed to bring unto this House the persons that served or do prosecute the said Subpæna's, to Answer in this House for their said Contempts.
Thus far out of the Original Journal-Book of the House of Commons; the further dispute of this business and the residue of the Passages of this day are in the next place supplied out of the often before-recited private Journal of the said House.
The said Mr Johnson after he had vouched the aforesaid precedent instances touching other Members of the House that had been served with several Subpæna's, certified the said House further thus much, that the Informer came to his Lodging this Morning as he was coming out of his Door and asked for him; he told him he was the man. Then said the Informer, The Queen Greets you well. What's this quoth I? A Subpæna quoth the Informer, and I charge you to appear upon it according to the Contents. Then I told him that I was of this House and could not attend. He Answered me again, there it is, I care not, look you to it at your peril.
Mr David Waterhouse stood up and shewed, that that Subpæna came out of his Office, and further shewed the necessity of obeying of it, for that a Cause for want of Witnesses might be lost; therefore the hearing being appointed at a day certain, the Client might peradventure be undone if he should not have this Subpæna ad testisicandum in due time both served and appeared unto.
Sir Edward Hobbie alledged divers Precedents touching this point, as 10 February 27th Eliz. Mr Kerle served one Roger Stepney with a Subpæna into the Star-Chamber, and for this he was adjudged to the Serjeants keeping for six dayes, and to pay five Marks Charges: And 25 March 27 Eliz. Mr Crooke served a Member of this House with a Subpæna into Chancery, and for so doing was adjudged to give a Copy of the Bill, twenty shillings for Charge, and was Committed.
Mr Wiseman said, notwithstanding the Allegations and excuse of the Gentleman that spake in favour of the Subpæna ad testisicandum, I think it deserveth no less favour than the other: For if the necessity of the Cause were such that he must needs be served and spared out of this House, the party ought to ask leave of the House, or at least of the Speaker, or intreat him to relate the same to the House.
Sir George Moore said, I think as the Gentleman that last spake, for the like Subpæna being brought the last Parliament, it grew to a question, whether it were an impeachment to the Priviledge of the House; And after some dispute; an antient Member of this House shewed divers Precedents how that the minds of the Members of this House ought to be freed as well as their bodies. Whereupon two Members were sent to require the Lord Keeper to reverse that Subpæna, &c. He also spake of a Quo Warranto for the Liberties of the Black-Fryars withheld, but to what purpose ignoro.
Sir Francis Hastings stood up and made a relation of the proceedings which he with the other Committees had made according to the Commandment of the House the day before. He said, We called before us the Clerk of the Crown, the Clerk of the petty Bag, and our Clerk of the Parliament.
The Clerk of the Crown shewed us five Warrants and one Order, all one Course and one form, and all in the 27 Eliz. Three of the Warrants were directed to the Clerk of the Crown, two without direction; and he shewed us Writs without Warrant. Then we called the Clerk of the petty Bag, who would shew us no Warrant but only a Record of Writ in his Roll of 39 Eliz. only he said (but we heard him not) that Warrants had been granted to the Clerk of the petty Bag. The Clerk of the Parliament shewed unto us two Precedents of 5 Eliz. and of 13 Eliz. every one without direction, but with these words or to the like effect as I take it, [It is required such and such a thing be done.]
Sir Edward Hobbie said, Because the truth hereof may be made more plain, and that it pleased you to command my unworthy self to attend Yesterdays Service, I will under favour of the Gentleman that last spake, make a Repetition ab origine, a little longer than he did, for your satisfactions of this Cause and our pains. It pleased you to depute six to this service, five attended. The Serjeant at Law (Serjeant Harris) of whose furtherance we best hoped, deceived both your and our expectations. The Clerk of the petty Bag, the Clerk of the Crown and the Clerk of the Parliament attended us. The Clerk of the Parliament delivered unto us a fair Record containing a Writ sent out Sedente Parliamento (for so are the words) it was for the Knights of Yorkshire and Lancashire, and this was all he could shew; only he said, an old Officer would be sworn, there were more, but lost by Garth's decease. The Clerk of the Crown dealt with us two ways, The First by way of experienced Officers, The Second by way of Precedent. For the First, one Stephen Brown was brought forth before us who hath been an Officer in the CrownOffice these thirty six years: And being asked if he knew how Warrants were directed, he answered, that in the time of the Lord Keeper Bacon, he that was Speaker of this House directed them to the Clerk of the Crown: Being further asked, if they were impugned; he Answered, No. Being asked, where these Warrants were kept; he said, on the Labels in the House. The said Clerk shewed us five Precedents and one Order, the rest were lost by Mr Watson's death, as the other Precedents were by the death of Mr Garth, the Clerk of the Parliament of the 13th of Queen Elizabeth, when Sir Christopher Wray was Speaker: As also One Order dated 18th of March 1580. die Sabbathi, that a Warrant should be directed to the Clerk of the Crown to chuse a new Burgess for Norwichinstead of one Beamont, the words whereof were, It is required of the Knights, Citizens, Burgesses and Barons, &c. As also another Order dated die Sabbathi 18° Martii 1580. in these words, It is further agreed upon and resolved by this House, that during the time of sitting of this Court, there do not at any time any Writ go out for the chusing or returning of any Knight, Citizen, Burgess or Baron, without the Warrant of this House first directed for the same to the Clerk of the Crown according to the Ancient Jurisdiction and Authority of this House in that behalf accustomed. And another Warrant subscribed Henry Gates and Will. Fleetwood who were Committees in examination of a Cause touching Henry Bermaker and Anthony Wilde, the effect whereof was, That forasmuch as they were Arrested into the Kings Bench, whereas we find them priviledged as Members of this House, a Warrant was directed to the Clerk of the Crown for making Writs of Priviledge as aforesaid. Dated from Westminster the sixth day of December. Therefore for mine own opinion and according to these Precedents, I think they ought to be directed to the Clerk of the Crown.
Sir George Moore stood up and shewed a Precedent dated on Friday the second day of March 35° Eliz. where a new Writ was to be Awarded out concerning Mr Fitzherbert, and all Writs of priviledge to come from the Chancery; And the Speaker made a new Warrant to the Lord Keeper to make a new Writ. In the like case both touching Southwark and Melcombe Regis; for I think the Warrant ought to be directed to the Lord Keeper.
Mr Pate of the Middle-Temple shewed that Ratio Legis was Anima Legis; And he that presents a Precedent without a reason, presents a body without a soul. There is a difference in Writs; there are Breviaex gratia speciali and Brevia cursoria: And therefore when the Warrant hath gone from the Speaker to the Clerk, it hath caused the Writs of course by the Lord Keeper.
Mr Secretary Herbert shewed how that he with other three by their Commandments had been with the Lord Keeper whom he found most Honourably to entertain and receive both him and the rest: And that his Lordship did greatly respect both the majesty and gravity of this Assembly, and said, that he woud be loth to derogate any thing from either: Nothwithstanding he hoped and prayed that if any further Precedents had improvidently gone from this House, or contrary to the most antient usage, that we would now settle our resolution, and stablish and decree that which might be a sufficient Warrant unto him to put in Execution our Commands, and also increase the Majesty and Honour of this House, which he most heartily wished might ever continue. And for my part, thus much I can assure you, that we cannot wish him to be more Honourable or more agreeable to this House than we found him.
Henry Doyley of Lincolns-Inn said, Mr Speaker, I take it there is a Precedent this Parliament which will decide this Controversie. For an Honourable Person of this House being chosen with my self Burgess for Wallingford, and also Knight of a Shire, chose to be a Knight; And a Warrant went from you Mr Speaker, directed to the Clerk of the Crown for the Election of a new Burgess, who is since Chosen and Sworn, and is now a Member of this House, Mr Thomas Fortescue by name.
Mr Flemming said, The Clerk of the Crown is our immediate Officer; he is to be Attendant between the two Doors of the Upper House and Lower House, when any Warrant General is required, he is to subscribe it, to certifie it, &c. he is to convey our minds and Messages to the Upper House, &c. Yea this Warrant is to be directed to him.
Then Mr Speaker stood up and said, The Question must stand on three parts, First if the Warrant shall be directed to the Clerk of the Crown; Secondly to the Lord Keeper; Thirdly, if without any direction.
The House after this Speech was in great murmur and very loud; then stood up one and said, Mr Speaker, Let the first Question stand, and then all will be at an end. Then the Speaker said, Shall the first question stand? And all said Yea.
On Monday the 16th day of November, Five Bills of no great moment had each of them one reading; of which the first being the Bill for enabling Edmund Mollineux Esq; to sell Land for the payment of his Debts; And the last being the Bill for reformation of abuses used in buying and selling of Spices and other Merchandizes, had each of them their first reading.
Mr Henry Doyley a Barrester of Lincolns-Inn made a Motion and said, Mr Speaker, I think my self bound in Conscience to certifie you of an Infamous Libel that is newly Printed and spread abroad since the beginning of this Parliament; Saving your presence, Mr Speaker, It is called An Assembly of Fools. I desire that the Printer that Printed it may be sent for; he dwelleth over against Guildhall-Gate.
He Answered, In the hands of one Mr. Henry Davies his Clerk of Lincolns-Inn, but the Clerks name he knew not. The Serjeant upon Consultation was sent for Mr. Davies and his Man into the Hall. After a while they came up, and notice being given thereof, the Man only was sent for into the House, who being asked what was his name; he said it was John Baker: being asked of whom he had the aforesaid Book; he said of Jeremy Gouge of Cliffords-Inn: being asked how long he had had it; he Answered three or four days: being asked if he knew it to be a Libellous and Seditious Book; he Answered that he never knew any such matter in it: being asked where the Book was; he said at his Masters Chamber. Then the Serjeant was commanded to take him forth, and to command one of his men to go with him to Lincolns-Inn to fetch the Book.
Then the Speaker asked if they would have his Master in, but Mr. Doyley stood up and said, Mr. Davies was a very honest Gentleman, and shewed him the Book first, and wished him to complain unto this House. He wished Mr. Davies might be stayed till the Book were brought; and if then it pleased them to send for him into the House, they might, &c. So he was stayed. In the mean time Mr. Davies his man went to the Chamber for the Book, which after it was brought and well scann'd by the Privy-Council, it was found to be a meer Toy, and an old Book Intituled the Second Part of Jack of Dover, a thing both stale and Foolish; for which they said Mr. Doyley was well laughed at, and thereby his credit much impeached in the Opinion of the House. Whereupon Mr. Speaker asked, if they would have Mr. Davies and his Man brought into the House; And all cryed No: Then if they should be discharged, and all said Yea, Yea.
The Bill for redressing certain inconveniences in the Statute of 21 Hen. 8. Cap. 13. Intituled An Act against Pluralities of Benefices for taking of Farms by spiritual men and for Residence, was read the second time and disputed, whether it should be committed, in manner and form following, viz.
Doctor Crompton amongst many other Speeches wished that Pluralities of Offices might be taken from the Laity, and then Pluralities of Benefices from the Spiritualty. Also in former Ages, he said, Impropriations were given to the Spiritualty, and then no Pluralities allowed; as also Spiritual men bound by Ecclesiastical Canons of their own from Marriage, so that they might live with far less charge than now they do: But having taken from them first the Impropriations they cannot keep that Hospitality which is required; And next, Marriage being tolerated among them, they living at great charge both of Wife and Children, one Benefice of small Cure fussceth not.
Sir George Moore said, He thought the Bill most fit to be committed, it being in the general opinion a good Law, and tending to a good and a religious end; and such is the iniquity of this Age, that for want of a good Law of this nature, many Souls do not only languish but perish everlastingly for want of Spiritual Food. I think therefore, that though there be some impersections in the Bill, yet the body and parts of it may be amended to every mans satisfaction.
Mr. Lock said, Mr. Speaker, I think bare silence is not an exoneration of a Mans Conscience; the similitude of Offices and Benefices made by the Doctor doth not hold, under favour; for Non est incipiendum cum Laicis, sed incipiendum à Domo Dei; Therefore if they begin first, we shall follow in avoiding Pluralities.
Doctor James said, That it had been said, That Pluralities were the cause of bringing 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 there to be corruption. Secondly, It was said, that it would be a means of Preaching the Word; for that I Answer, that if hope of competent living be taken away, it will be a means to make the best Wits refuse the study of Divinity. And therefore an Historian faith well, that Sublatis præmiss corruunt Artes. Consider besides, that in England there are 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 Deanery, Prebendary or such like, which is no easy matter to do, they being so few, especially in this Catching Age. To give the best Scholar but as great proportion as the meanest Artisan, or to give all alike, there is no equality; for inæqualibus æqualia 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 enforce Preachers to preach placentia, which is a thing abhor'd even of God himself. A Preacher who is no ordinary person, ought to have an extraordinary reward; for the Canon faith he must be ad minimum Artium Magister, aut publicus aut idoneus verbi Divini Concionator.
Mr. David Waterhouse said, Mr. Speaker, Because my self am an Officer, I mean only to speak of the Doctors 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 eighteen days 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. And I will end only with this Caution to the House, that commonly the most Ignorant Divines of this Land be double Beneficed.
Mr. Serjeant Harris said, We seem to defend the Priviledges and Customs of the House, but if we proceed to determine of this Bill, Mr. Speaker, we shall not only insringe a Custom which we have ever observed, viz. to meddle with no matter that toucheth her Majesties Prerogative; but also procure her great displeasure. Admit we should determine of this matter, yet her Majesty may grant toleration with a Non obstante. And, Mr. Speaker, the last Parliament may be a warning to us when the like Bill by us was prefer'd, and the same not only rejected, but also her Majesty commanded the Lord Keeper to tell us, that she hoped we would not hereafter meddle in Cases of this nature so nearly touching her Prerogative Royal.
Mr. Martin spake to this effect: I agree with one that said, Learning should have her Reward; but I say more, that 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 drew 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. But touching this Bill Mr. Speaker, and so he spake to the Bill, &c.
Sir Francis Hastings stood up and said, My Masters, I utterly dislike 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 speak never so absurdly. I beseech you therefore that this 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 to you all out of the Conscience of a Christian, Loyalty of a Subject, and heart of an Englishman. I know that Distributio Parochiarum est ex jure humano non Divino: But he that said so much, 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 unto the people, and preached, as God be thanked, it hath been these forty three years under her Majesties happy Government, (the point of whose dayes I beseech the Almighty may be prolonged) I see no reason, Mr. Speaker, why we should doubt of the goodness of this Bill or make any question of the committing thereof, &c.
Mr. Roger Owen (after particular Answers to divers particular Objections by Doctors) shewed that a Statute was but privatio communis juris; And this Act will make no Innovation, because it repeals only the Proviso and not the Body. 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, Mr. Speaker, I say under favour, that this Statute takes away no Benefices from the Clergy, but doth only better order the distribution of Benefices among the Clergy. For another Doctor that alledged a Canon confirmed under the Great Seal of England, I say, under favour, that they of the Clergy and not we of the Laity are bound thereby; for they are as it were By-Laws to them, but not to us.
Then the Speaker stood up and put it to the question for the Commitment. Whereupon it was Ordered by the more Voices that it should be Committed: But the Committees Names being omitted in the private Journal, they are supplied out of the Original Journal-Book it self, and were as followeth, viz. All the Queens Privy Council and all the Learned Councel being Members of this House, Sir Walter Raleigh, Sir Francis Hastings, Sir Carew Reignolds, Mr. Francis Bacon and divers others, who were appointed to meet upon Friday next in the Exchequer Chamber at two of the Clock in the Afternoon.
Mr. Speaker did lastly this Forenoon move the House to resolve whether they would sit to Morrow or no, it being the day of her Majesties most Blessed and Hereditary Succession to the Crown of England: To which after a little Speech had, It was agreed by the House, that after the Sermon was done at Westminster, which would be ended by ten of the Clock, they would fit the residue of the Forenoon; And this was affirmed to be the antient Custom.
On Tuesday the 17th day of November, Three Bills of no great moment had each of them one reading; of which the first being the Bill for the enabling of Edward Nevill of Berling in the County of Kent, and Sir Henry Nevill Knight his Son and Heir Apparent, to dispose of certain Copyhold Lands, &c. was read the first time; And the third being the Bill against unlawful Hunting of Deer or Conies in the Night time was read the second time, and upon the question of ingrossing was rejected.
Heyward Townsend of Lincolns-Inn Esq; delivered in a Bill to Mr. Speaker, Intituled An Act to prevent Perjury and Subornation of Perjury, and unnecessary expences in Suits of Law. Upon the delivery whereof he said, Mr. Speaker, I take every man bound in Conscience to remove a little mischief from the Common-Wealth before it take Head and grow to a great inconvenience. This mischief is ordinary and general, and therefore (though but small) to be considered and provided for. And if a Heathen Philosopher could admonish us obstare principiis, I see no reason but men indued with Christianity should be sensible of the least hurt or sore growing in his Country, either regardless or respectless. For which purpose a Gentleman well experienced, having found this grief common to the poorer fort, like a good Subject tendring all the parts of this Common-Wealth, engaged me at my coming into the House this Morning to offer unto all your considerations this Bill, which it may please you to entertain with that willingness it is offered. I doubt not but this inonvenience will quickly be redressed. And thereupon the Bill according to the desire of the said Mr. Townsend had its first reading.
The Bill for Confirmation of Letters Patents made by King Edward the Sixth unto Sir Edward Seymour Knight, was upon the second reading committed unto the Queens Learned Councel Members of this House, the Masters of Request, Sir Robert Wroth, Sir Maurice Barkley and others, who were appointed to meet in the Committee Chamber of this House upon Friday Morning next.
The Bill for the strengthening of the Grant made for the maintenance and Government of the House of the Poor called St Bartholomews Hospital, of the Foundation of King Henry the Eighth, was read the second time and committed unto all the Queens Learned Councel being Members of this House, Mr. Doctor Cæsar, Sir Edward Hobbie, Sir Robert Wroth, Mr. Dr. Bennet and others, who were appointed to meet upon Saturday next at Lincolns-Inn Hall at two of the Clock in the Afternoon.
An Act to suppress the Sin of Adultery was read the first time; The substance whereof was, that if a Woman or Man or both were Convicted of Adultery, he should lose his Tenancy by Courtesie, and she her Tenancy in Dower.
To which Bill Serjeant Harries stood up and said, Mr. Speaker, by the scope of this Bill, the determination of this fact must be by two or three blind Witnesses in the Ecclesiastical Court; which is no reason, that Judges Ecclesiastical should determine of Lay-mens Inheritances. Besides, there is another gross fault in the Bill, for if they be both poor, and have nothing but Goods, if the man be taken in Adultery, he shall not be punished, because there is nothing of which he should be Tenant by the Courtesie; But if the Woman be taken she is to lose the third of the Goods, or if it be in the City by Custom she loseth the half, which is jus inæquale, and not to be admitted by this House.
On Wednesday the 18th day of November, Three Bills had each of them one reading; of which the last being the Bill or Petition of the Cloth-workers was read the second time and committed unto the Queens Learned Councel, Members of this House, the Burgesses for all the Cloathing Towns, the Knights for the Shires of Somerset, Wiltshire, Berks, Suffolk, Fssex, Kent, Surry and Hampshire, Mr Francis Moore, Mr Bond, the Citizens for York, Mr Phillipps, Mr Boyce, Mr Snigg, Sir Percival Hart, Sir Moyle Finch, Sir John Harrintgon, Sir John Lewson, Sir Francis Darcie, Sir Walter Raleigh, Mr Lieutenant of the Tower, Mr Dr Cæsar, the Knights and Citizens for London, Sir Walter Cope, Sir Robert Wroth, the Burgesses for all the Port Towns, Mr Hide and Mr. Thomas Cæsar, who were appointed to meet in the Middle-Temple Hall upon Monday next in the Afternoon at two of the Clock.
Sir Francis Hastings brought in the Bill against Swearing from the Committees (who were appointed on Tuesday the 10th day of November foregoing) and a new Bill drawn to the same purpose by the said Committee.
Mr. Jones one of the Committees in the Bill touching common Sollicitors, brought in the Bill amended with some Additions and Alterations: And Mr Boyce likewise brought in the Bill touching trifling Suits being somewhat amended by the Committees.
Mr. Francis Moore a Committee in the Bill for confirmation of Grants made to the Queens Majesty and of Letters Patents made from her Highness to others (who were appointed on Thursday the 12th day of this Instant November foregoing) brought in the Bill with two Provisoes and certain Amendments.
Mr. Bacon one of the Committees in the Bill touching process and pleadings in the Court of Exchequer, maketh Report of the travel and meeting of the Committees; and brought in a new Bill drawn to the same purpose; upon the referring whereof he spake as followeth, (out of the Private Journal.)
Mr. Speaker, This Bill hath been deliberately and judiciously considered of by the Committees, before whom Mr. Osborn came, who I assure this House, did so discreetly demean himself and so submissively referr'd the State of this whole Office to the Committees, and so well answered in his own defence, that they would not ransack the Heaps or found the bottom of former Offences, but only have taken away something that was superfluous and needless to the Subject. Touching the Committees they have reformed part; Yet they have not so nearly eyed every particular, as if they would pare to the quick an Office of her Majesties gift and Patronage. This Bill is both publick and private; publick because it is to do good unto the Subject; and private, because it doth no injustice to the particular Officer. The Committees herein have not taxed the Officer by way of imputation, but removed a task by way of Imposition. I will not tell you what we have taken away either in quo titulo's or Exchequer language, but according to the Poet who faith, Mitte id quod scio, Dic quod rogo; I will omit that which you have known, and tell you that you know not and are to know, and that in familiar terms. And so he told the substance of the Bill. We found that her Majesty whose eyes are the Candles of our good days, had made him an Officer by Patent; in which that he might have right, her Majesties Learned Councel were there in Centinel to see that her Majesties right might not be suppressed. If my memory hath failed me in delivering of the truth of the proceeding and the Committees determination, I desire those that were present to help and assist me. Here is the Bill. So he called aloud to the Serjeant of the House and delivered him the Bill to deliver to the Speaker, which said Bill was read primâ vice.
The Amendments and provisions in the Bill for confirmation of Grants made to the Queens Majesty and of Letters Patents made by her Highness to others, were twice read, and the Bill Ordered to be ingrossed.
Three Bills had each of them one reading; of which the third being the Bill against wilful absence from Divine Service upon the Sunday, was upon the second reading committed unto Sir Francis Hastings, Sir Robert Wroth and others; And the Bill and Committees names were delivered to Sir Robert Wroth, who with the rest was appointed to meet this Afternoon in the Exchequer Chamber at two of the Clock.
On Thursday the 19th day of November, Nine Bills had each of them one reading; of which the last being the Bill for the enabling of Edward Nevill and Sir Henry Nevill Knight his Son and Heir apparent, &c. was upon the second reading committed unto all the Queens Learned Councel being of this House, Sir George Moore, Sir William Wray and others, who were appointed to meet upon Tuesday next in the Court of Wards at two of the Clock in the Afternoon, and the Councel of all sides to be there to attend the Committees.
Upon Motion made unto this House, It is declared, that one Roger Buston Servant, a Sollicitor unto ........ Langton Esq; Baron of Walton in the County of Lancaster, who upon credible Report of some Members of this House, is Chosen a Burgess for the Borough of Newton in the said County of Lancaster, but not as yet returned by the Clerk of the Crown into this House, hath been Arrested in London during this Session in an Action of Debt, at the Suit and procurement of one ...... Muscle, the same Muscle knowing the said Roger Buston to belong to the said Baron of Walton; which said Muscle was by Order of this House sent for by the Serjeant of this House, together with the Officer who made the Arrest, to Answer unto this House for their said Contempts. And being brought to the Bar and Charged by Mr. Speaker with their said offence in the name of this whole House, were heard what they could say for their defence. And after sundry questions Ordered that the said Roger Buston should have the Priviledge of this House and be discharged of his said Arrest and Imprisonment: And likewise Ordered that the said Muscle the Procurer, and the Officer that made the said Arrest, should be both committed Prisoners to the Serjeants Custody for three dayes, and pay such charges as shall be Assessed by Mr Speaker unto the said Buston, besides the Fees of the Serjeant and Clerk.
Secretary Herbert said, According to your Commandment, Sir Edward Stafford and my self went to the Lord Keeper, and delivered unto him, that notwithstanding some Allegations which were alledged on the behalf of his Lordship, our Resolutions touching the Warrants, upon mature deliberation, and upon search of Precedents were, that they ought to go and be directed to the Clerk of the Crown from the Speaker. His Lordship after a small pause Answered, That he now considered the weightiness of divers businesses which were in hand, the Consultation which we were likely to have presently touching the Bill of Subsidy; that the Enemy the Spaniard was landed in Ireland and the business of those affairs of great import, as also his own business in the Upper House, and the short end which was likely to be of this Parliament; And therefore he would not now stand to make contention, or shew his further reasons; but prayed to certifie you all, that he would be most ready and most willing to perform the desire of this House.
The Bill of Petite Thests and Larcenies, and the Bill for Confirmation of Grants made to her Majesty and of Letters Patents made from her Majesty to others were sent up to the Lords by Sir John Fortescue, Mr. Secretary Herbert and others.
Mr Fettiplace, a Burgess for London, spake to this Bill, and said, it is to be thought that the Netherlands having so much use for money, is the Exporter thereof out of this Realm. The French King made it a Law that no man upon pain of Death should export money thence. Germany holdeth the Standard, so doth France, so do we; but the Netherlander only doth not, and he only gaineth of all three. There be good Statutes already made to this purpose both in the time of king Rich. II. Hen. III. Hen. IV. Hen. V. and Hen. VI. that no Strangers should bring Commodities into this Land, but he should bring so much money. He made a very long Speech touching the manner of Trade by Exchange in Merchants Language, &c. and concluded with desire of Commitment, and that the Merchants might be called. And thereupon it was committed to divers of the Committees who were appointed to meet this day Seven-night at two of the Clock in the Afternoon in the Exchequer Chamber.
On Friday the 20th day of November, Seven Bills of no great moment had each of them one reading; of which the first being the Bill touching the Lordship of Landoflowre aliàs Landovorowre, and the last being the Bill prohibiting Fairs and Markets, had each of them their first reading.
One Mr William Morrice Burgess for Benmaries 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 Answered, that he could not discharge him, but said, that he would go to the Bayliff with him; to whom when he came, he likewise declared that he was of the Parliament House, and therefore required his Servant. To whom the Bayliff Answered, that he could not discharge him without the consent of the Party that procured the Arrest; To whom he also went, and he Answered the Serjeant and him saying; Keep him fast, I will not release him till I be satisfied. Then he told the Creditor, that he was of the Parliament-House, and therefore his Servant was Priviledged. 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 considerations. And because I am willing that the Priviledges of this House may be known as well far 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 this whole House. And because it is a Case both extraordinary and contemptible, in my opinion it deserveth a most severe and exemplary punishment.
Mr Speaker said, It is your Pleasure, the Bayliffs and he that procured the Arrest and the Serjeant shall be sent for. All cryed Yea. Then the Speaker said, The Serjeant must go down to Shrewsbury; all cryed Yea.
The Speaker gave the Clerk a Bill to read, and the House called for the Exchequer Bill; some said Yea, some said No, and a great Noise there was: At last Mr Lawrence Hide said, Mr Speaker, to end this Controversie, because the time is very short, I would move the House to have a very short Bill read Intituled An Act for the Explanation of the Common Law in certain Cases of Letters Patents. All the House cried I, I, I.
Mr Spicer Burgess of Warwick stood up and said, Mr Speaker, This Assembly may be said to be libera mens & libera lingua, therefore freely and faithfully, that which I know I will speak to this House. This Bill may touch the Prerogative Royal, which as I learned the last Parliament is so transcendent, that the ......... of the Subject may not aspire thereunto. Far be it therefore from me that the State and Prerogative Royal of the Prince should be tied by me or by the Act of any other Subject. First, Let us consider of the word Monopolie what it is, Monos is Unus, and Polis is Civitas; so then the meaning of the word is, a restraint of any thing publick in a City or Common-Wealth to a private use, and the User called a Monopolitan, quasi cujus privatum lucrum est urbis & Orbis commune malum. And we may well term this man the Whirlpool of the Princes profit. Every man hath three special Friends, his Goods, his Kinsfolks and his good Name; these men may have the two first, but not the last. They are Insidiosa quia dulcia, they are dolosa quia dubia. I speak not, Mr Speaker, neither repining at her Majesties Prerogative, or misliking the reasons of her Grants; but out of grief of heart, to see the Town wherein I serve pester'd and continually vext by the Substitutes and Vicegerents of these Monopolitans, who are ever ill-disposed and affected Members. I beseech you give me leave to prove this unto you by this Argument. Whosoever transgresseth the Royal Commission of her Majesty being granted upon good and Warrantable Suggestions, and also abuseth the Authority and Warrant of her Majesties Privy-Council being granted unto him for the more favourable Execution of his Patent; this man is an evil-disposed and dangerous Subject. But that this is true and hath been done by one Person, a Substitute of a Patentee, I will prove unto you. The Major needs not be proved; the Minor I will thus prove. My self am Oculatus testis of this Minor, Et talis testis plus valet existens unus quàm auriti decem. The Substitutes for Aquavitæ and vinegar came not long since to the Town where I serve, and presently stayed sale of both these Commodities; unless the Sellers would compound with them, they must presently to the Council-Table. My self though ignorant, yet not so unskilful, by reason of my profession, but that I could judge whether their proceedings were according to their Authority, viewed their Patent, and found they exceeded in three points: for where the Patent gives Months liberty to the Subject that hath any Aquavitæ to sell the same, this Person comes down within two Months and takes Bond of them to his own use, where he ought to bring them before a Justice of Peace, and they there to be bound in Recognizance, and after to be returned into the Exchequer; and so by Usurpation retaineth Power in his own hands to kill or save. Thus her Majesties Commission being transgressed, as a sworn Servant to her Majesty, I hold my self bound to certifie the House thereof; and also that this Substitute stands Indicted as an obstinate Recusant: Yea when her Majesties name hath been spoken of and her self prayed for, he hath refused to stir Hat or Lip. My humble Motion therefore is, that we might use some caution or circumspective care to prevent this ensuing mischief.
Mr Francis Bacon. said, the Gentleman that spake last coasted so for and against the Bill, that for my own part not well hearing him, I did not perfectly understand him. I confess the Bill as it is, is in few words, but yet ponderous and weighty. For the Prerogative Royal of the Prince, for my own part I ever allowed of it, and it is such as I hope shall never be discuss'd. The Queen as she is our Sovereign, hath both an enlarging and restraining Power. For by her Prerogative she may first set at liberty things restrained by Statute Law or otherwise; and secondly, by her Prerogative she may restrain things which be at liberty. For the first, she may grant non obstante contrary to the penal Laws, which truly according to my own Conscience (and so struck himself on the Breast) are as hateful to the Subject as Monopolies. For the second, if any man out of his own Wit, industry or indeavour finds out any thing beneficial for the Common-Wealth, or bring in any new Invention, which every Subject of this Kingdom may use; yet in regard of his pains and travel therein, her Majesty perhaps is pleased to grant him a Priviledge to use the same only by himself or his Deputies for a certain time. This is one kind of Monopoly. Sometimes there is a glut of things when they be in excessive quantity, as perhaps of Corn, and her Majesty gives Licence of transportation to one Man; this is another kind of Monopoly. Sometimes there is a scarcity or a small quantity, and the like is granted also. These and divers of this nature have been in Tryal both at the Common. Pleas upon Actions of Trespass, where if the Judges do find the Priviledge good, and beneficial to the Common-Wealth, they then will allow it; otherwise disallow it: And also I know that her Majesty her self hath given Commandment to her Attorney General to bring divers of them since the last Parliament to Tryal in the Exchequer, since which time at least fifteen or sixteen to my knowledge have been repealed, some by her Majesties own express Commandment upon Complaint made unto her by Petition, and some by Quo Warranto in the Exchequer. But Mr Speaker, said he (pointing to the Bill) this is no Stranger in this place, but a Stranger in this Vestment; the use hath been ever to humble our selves unto her Majesty, and by Petition desire to have our grievances remedied, especially when the remedy toucheth her so nigh in point of Prerogative. All cannot be done at once, neither was it possible since the last Parliament to repeal all. If her Majesty make a Patent (or (as we term it) a Monopoly) unto any of her Servants, that must go, and we cry out of it; but if she grant it to a number of Burgesses or a Corporation, that must stand, and that forsooth is no Monopoly. I say and I say again, that we ought not to deal, to judge or meddle with her Majesties Prerogative. I wish every man therefore to be careful in this business; And humbly pray this House to testifie with me, that I have discharged my duty in respect of my place in speaking on her Majesties behalf; And protest I have delivered my Conscience in saying that which I have said.
Dr Bennet said, He that will go about to debate her Majesties Prerogative Royal, had need walk warily. In respect of a grievance out of the City for which I come, I think my self bound to speak that now which I had not intended to speak before; I mean a Monopoly of Salt. It is an old Proverb Sal sapit omnia; Fire and Water are not more necessary. But for other Monopolies of Cards, (at which word Sir Walter Raleigh blusht) Dice, Starch and the like, they are (because Monopolies) I must confess very hurtful, though not all alike hurtful. I know there is a great difference in them; And I think if the abuses in this Monopoly of Salt were particularized, this would walk in the fore rank. Now seeing we are come to the means of redress, let us see that it be so mannerly and handsomely handled, that after a Commitment it may have good passage.
Mr Lawrence Hide, I confess, Mr Speaker, that I owe duty to God, and Loyalty to my Prince. And for the Bill it self I made it, and I think I understand it; And far be it from this heart of mine to think, this tongue to speak, or this hand to write any thing, either in prejudice or derogation of her Majesties Prerogative Royal and the State. But because you shall know that this course is no new Invention, but long since digested in the Age of our Fore-fathers above three hundred Years ago, I will offer to your considerations one Precedent 10 Ed. 3. At what time one John Peach was Arraigned at this Bar in Parliament, for that he had obtained of the King a Monopoly for Sweet Wines. The Patent after great advice and dispute adjudged void, and before his face in open Parliament Cancelled, because he had exacted three shillings and four pence for every Tun of Wine; himself adjudged to Prison until he had made restitution of all that ever he had recovered, and not to be delivered till after a Fine of five hundred pounds paid to the King. This is a Precedent worthy of observation, but I dare not presume to say worthy the following. And Mr Speaker, as I think it is no derogation to the Omnipotence of God to say he can do all but evil; So I think it is no derogation to the Majesty or Person of the Queen to say the like in some proportion. Yet Mr Speaker, because two Eyes may see more than one, I humbly pray that there might be a Commitment had of this Bill, left something may be therein which may prove the bane and overthrow thereof at the time of the passing.
Mr Speaker, quoth Serjeant Harris, for ought I see, the House moveth to have this Bill in the nature of a Petition; It must then begin with more humiliation: And truly Sir, the Bill is good of it self, but the penning of it is somewhat out of course.
Mr Mountague said, The matter is good and honest, and I like this manner of proceeding by Bill well enough in this matter. The grievances are great, and I would note only unto you thus much, that the last Parliament we proceeded by way of Petition which had no successful effect.
Mr Francis Moore said, Mr Speaker, I know the Queens Prerogative is a thing curious to be dealt withal, yet all grievances are not comparable. I cannot utter with my tongue or conceive with my heart the great grievances that the Town and Country for which I serve, suffereth by some of these Monopolies; It bringeth the general profit into a private hand, and the end of all is Beggery and Bondage to the Subjects. We have a Law for the true and faithful currying of Leather; There is a Patent sets all at liberty, notwithstanding that Statute. And to what purpose is it to do any thing by Act of Parliament, when the Queen will undo the same by her Prerogative? Out of the spirit of humiliation, Mr Speaker, I do speak it, there is no Act of hers that hath been or is more derogatory to her own Majesty, more odious to the Subject, more dangerous to the Common-Wealth than the granting of these Monopolies.
Mr Martin said, I do Speak for a Town that grieves and pines, for a Countrey that groaneth and languisheth under the burthen of monstrous and unconscionable Substitutes to the Monopolitans of Starch, Tinn, Fish, Cloth, Oyl, Vinegar, Salt, and I know not what, nay what not? The principallest commodities both of my Town and Country are ingrossed into the hand of those blood-suckers of the Common-Wealth. If a body, Mr Speaker, being let blood, be left still languishing without any remedy, how can the good estate of that body long remain? Such is the State of my Town and Country, the Traffick is taken away, the inward and private Commodities are taken away, and dare not be used without the Licence of these Monopolitans. If these blood-suckers be still let alone to suck up the best and principallest commodities which the earth there hath given us, what shall become of us, from whom the fruits of our own Soil and the commodities of our own labour, which with the sweat of our brows even up to the knees in Mire and Dirt, we have laboured for, shall be taken by Warrant of Supream Authority, which the poor Subjects dare not gainsay?
Mr George Moore said, I make no question but that this Bill offereth good matter; And I do wish that the matter may in some sort be prosecuted, and the Bill rejected. Many grievances have been laid open touching the Monopolies of Salt; but if we add thereunto peter, then we had hit the grief aright; with which my Country is perplexed. There be three persons her Majesty, the Patentee and the Subject; her Majesty the head, the Patentee the hand, and the Subject the foot. Now here's our Case, the head gives power to the hands, the hand oppresseth the foot, the foot riseth against the head. We know the power of her Majesty cannot be restrained by any Act, why therefore should we thus talk? Admit we should make this Statute with a Non obstante, yet the Queen may grant a Patent with a Non obstante, to cross this Non obstante, I think therefore it agreeth more with the gravity and wisdom of this House to proceed with all humbleness by Petition than Bill.
Mr Wingfield said, I would but put the House in mind of the proceeding we had in this matter the last Parliament, in the end whereof our Speaker moved her Majesty by way of Petition, that the griefs touching these Monopolies might be respected, and the grievances coming of them might be redressed. Her Majesty answered by the Lord Keeper, that she would take care of these Monopolies and our griess should be redressed; if not, she would give us free liberty to proceed in making a Law the next Parliament. The grief, Mr Speaker, is still bleeding, and we green under the sore, and are still without remedy. It was my hap the last Parliament to encounter with the word Prerogative; but as then, so now I do it with all humility, and wish all happiness both unto it and to her Majesty. I am indifferent touching our proceeding either by Bill or Petition, so that therein our grievances may follow, whereby her Majesty may specially understand them.
Sir Walter Raleigh said, I am urged to speak in two respects; the one because I find my self touched in particular; the other, in that I take some imputation of slander to be offered unto her Majesty, I mean by the Gentleman that first mentioned Tinn (which was Mr. Martin) for that being one of the principal commodities of this Kingdom, and being in Cornwall, it hath ever, so long as there were any, belonged to the Dukes of Cornwall, and they had special Patents of Priviledge. It pleased her Majesty freely to bestow upon me that priviledge; And that Patent being word for word, the very same the Duke's is, and because by reason of mine Office of Lord Warden of the Stannary, I can sufficiently inform this House of the State thereof; I will make bold to deliver it unto you. When the Tinn is taken out of the Mine, and melted and refined, then is every piece containing one hundred weight sealed with the Duke's Seal. Now I will tell you, that before the granting of my Patent, whether Tinn were but of seventeen shillings and so upward to fifty shillings a hundred, yet the Poor Workmen never had above two shillings the week, finding themselves: But since my Patent, whosoever will work, may; and buy Tinn at what price soever, they have four shillings a week truly paid. There is no Poor that will work there, but may, and have that wages. Notwithstanding, if all others may be repealed, I will give my consent as freely to the cancelling of this, as any Member of this House.
Sir Francis Hastings said, It is a special honour to this Assembly to give freedom of speech to all; And howsoever some have been heretofore troubled, yet I joy to see so great reformation, that we may speak quietly and be heard peaceably. Every man hath not like sence or judgment, neither is every mans memory alike: I wish that if any Gentleman that speaks of this or any other subject as injurious, shall let fall any word amiss or unpleasing, that it may be attributed rather to hastiness than want of duty. This Speech proceeded in respect of Sir Walter Raleighs Speech, as also of the great silence after it.
Mr Dowland said, As I would be no lett or over vehement in any thing, so I am not sottish or senseless of the common grievance of the Common-Wealth. If we proceed by way of Petition, we can have no more gracious Answer than we had the last Parliament to our Petitions. But since that Parliament we have no reformation; And the reason why I think no reformation hath been had, is because I never heard the cry against Monopolies greater and more vehement.
Mr Johnson said, Mr Speaker, I'le be very short and say only thus much, I would we were all so happy, that her gracious self had heard but the fifth part of that, that every one of us hath heard this day; I think verily in my Soul and Conscience we should not be more desirous in having those Monopolies called in, than she would be earnest therein her self.
The Bill aforesaid for Explanation of the Common Law touching Letters Patents was after the foregoing several long Arguments Ordered upon the question to be committed unto all the Privy Council and Learned Councel of this House, Sir Walter Raleigh, Sir Francis Hastings, Sir Edward Stafford, Sir Edward Hobbie, Sir George Moore, Sir Robert Wroth and others; And the Bill and Committees names were delivered to Sir Francis Hastings, who with the rest was appointed to meet to Morrow in this House at two of the Clock in the Afternoon.
On Saturday the 21th day of November, Six Bills had each of them one reading; of which the first being the Bill for levying of Fines with Proclamations of Lands within the County of the City of Chester, and the second to reform the abuse of Tainters, had each of them their first reading.
Mr Francis Moore made Report of the meeting of the Committees of the Bill touching Sir Edward Seymour, (who were appointed on Tuesday the 17th day of this instant November foregoing) shewed the Amendments in the same, and brought in the Bill.
Thus far out of the Original Journal-Book of the House of Commons: Now follows one passage of this day touching the Priviledge of the House out of the often before-cited private Journal of the said House.
Sir Edward Hobbie said, A Gentleman a good Member of this House, (Sir John Gray) was served with a Subpæna in the Chancery adrespondendum the 30th of November ad sectam Roberti Atkins; if no Order be taken herein, for my own part I think both the House and the Priviledges thereof will grow in contempt. I wish the Serjeant may be sent for and the Party, and that some exemplary punishment may be shewed.
Mr Doyley said, Mr Speaker, we spend much time which is precious, in disputing of Priviledges and other matters of small importance; for my own part I think fit no time should be spent herein, but that a Writ of Priviledge may be granted.
The Bill against Taintering of Woollen Cloths was read the second time and committed unto the former Committees in the Bill for Cloths and Clothworkers, and Ordered that Merchants and Drapers do attend the Committees and be heard therein as appertains; And Sir Edward Stafford, Mr Fulk Grevill and Mr Barkley were added to the former Committees.
The Bill for the making of an Haven or Key on the North part of Severn was read the second time, and committed unto the Knights and Burgesses for the Counties of Devon, Cornwall, Somerset and South-Wales, all the Queens Learned Councel, the Barons of the Cinque Ports and others, who were appointed to meet upon Wednesday next in the Exchequer Chamber at two of the Clock in the Afternoon.
The Bill for the Assurance of the Jointure of Lucie Countess of Bedford was read the second time, and committed unto all the Queens Learned Councel being Members of this House, Sir Francis Hastings, Sir Edward Hobbie and others, who were appointed to meet on Wednesday next in the Middle-Temple Hall at two of the Clock in the Afternoon.
The Bill for the better observation of certain Orders in the Exchequer set down and established by vertue of her Majesties Privy Seal, was read the second time, and committed unto the former Committees in the first Bill, and unto all the Privy Council and Learned Councel of her Majesty being Members of this House, Masters Attornies of the Dutchy and Court of Wards, Mr Francis Bacon, Mr Francis Moore, Mr Serjeant Harris and others, who were appointed to meet upon Monday next in the House at two of the Clock in the Afternoon, after a question first had, whether it should be fitten upon in Committee this Afternoon; and was upon the division of the House upon the difference of forty six persons, (viz. with the Yea for this day ninety five, and with the No for Monday a hundred sixty one) Ordered to be sitten in Committee on Monday next as aforesaid.
Thus far out of the Original Journal-Book of the House of Commons; the residue which fell out in the Afternoon at the Committee for Monopolies or Patents of Priviledge, whose names see before on Yesterday foregoing, is supplied out of the private Journal.
Sir Edward Hobbie informed the House of the great abuse of the Patentee for Salt in his Country, That betwixt Michaelmas and St Andrews Tide, where Salt (before the Patent) was wont to be sold for sixteen pence a Bushel, it is now sold for fourteen or fifteen shillings a Bushel; But after the Lord President had understanding thereof, he committed the Patentee, and caused it to be sold for sixteen pence as before. This Patent was granted to Sir Thomas Wilkes, and after to one Smith. To Lyme there is brought every Year above three thousand Wey of Salt, and every Wey of Salt is since the Patent enhaunced to twenty shillings, and where the Bushel was wont to be eight pence, it is now sixteen pence. And I dare bodly say it, if this Patent were called in, there might well three thousand pound a year be saved in the Ports of Lyme, Boston and Hull. I speak of white Salt.
Mr Francis Bacon said, The Bill is very injurious and ridiculous; injurious, in that it taketh or rather sweepeth away her Majesties Prerogative; and ridiculous, in that there is a Proviso, that this Statute shall not extend to Grants made to Corporations: that is a Gull to sweeten the Bill withal, it is only to make Fools fain. All men of the Law know, that a Bill which is only expository, to expound the Common Law, doth enact nothing; neither is any promise of good therein. And therefore the Proviso in the Statute of 34 Hen. 8. of Wills, (which is but a Statute expository of the Statute of 32 Hen. 8. of Wills) touching Sir John Gainsfords Will, was adjudged void. Therefore I think the Bill very unfit, and our Proceedings to be by Petition.
Mr Sollicitor Flemming said, I will briefly give account of all things touching these Monopolies. Her Majesty in her Provident Care gave Charge unto Mr Attorney and my Self, that speedy and special Order may be taken for these Patents; this was in the beginning of Hillary Term last: but you all know the danger of that time, and what great affairs of importance happened to prevent these businesses; and since that time nothing could be done for want of leisure.
Sir Robert Wroth said, I would but note, Mr Sollicitor, that you were charged to take Order in Hillary Term last; why not before? there was time enough ever since the last Parliament. I speak it and I speak it boldly, these Patentees are worse than ever they were: And I have heard a Gentleman affirm in this House, that there is a Clause of Revocation in these Patents; if so, what needed this stir of Scire facias, Quo Warranto and I know not what, when it is but only to send for the Patentees, and cause a redelivery? There have been divers Patents granted since the last Parliament; these are now in being viz. The Patents for Currants, Iron, Powder, Cards, Ox-shin Bones, Train Oyl, Transportaition of Leather, Lists of Cloth, Ashes, Anniseeds, Vinegar, Sea-Coals, Steel, Aquavitæ, Brushes, Pots, Salt-Peter, Lead, Accidences, Oyl, Calamint Stone, Oyl of Blubber, Fumathoes or dryed Piltchers in the Smoak and divers others.
Upon the reading of the Patents aforesaid Mr Hackwell of Lincolns-Inn stood up and asked thus; Is not Bread there? Bread quoth one, Bread quoth another; this Voice seems strange quoth another; this Voice seems strange quoth a third: No quoth Mr Hackwell, if Order be not taken for these, Bread will be there before the next Parliament.
Mr Heyward Townesend of Lincoln's-Inn said; I seeing the disagreement of the Committee, and that they would agree upon nothing, made a Motion to this effect; first to put them in mind of a Petition made the last Parliament, which though it took no effect, yet we should much wrong her Majesty and forget our selves, if we should think to speed no better now in the like Case; because then there was a Commitment for this purpose, and the Committees drew a Speech which was delivered by the Speaker word for word at the end of the Parliament, but now we might help that by sending our Speaker presently after such a Committee and Speech made, with humble Suit not only to repeal all Monopolies grievous to the Subject, but also that it would please her Majesty to give us leave to make an Act that they might be of no more force, validity or effect than they are at the Common Law without the strength of her Prerogative. Which though we might now do, and the Act being so reasonable we might assure our selves her Majesty would not delay the passing thereof, yet we her loving Subjects, &c. would not offer without her privity or consent (the Cause so nearly touching her Prerogative) or go about to do any such Act. And also that at the Committee which should make this Speech, every Member of this House which either found himself, his Town or Country grieved, might put in (in fair writing) such Exceptions against Monopolies, as he would justifie to be true; And that the Speaker might deliver them with his own hands, because many obstacles and hindrances might happen.
Mr Francis Bacon after a long Speech concluded thus in the end. Why, you have the readiest course that possibly can be devised, I would with no further Order be taken, but to prefer the wise and discreet Speech made by the Young Gentleman (even the Youngest in this Assembly) that last spake. I will tell you, that even ex ore Infantium & lactantium, the true and most certain course is propounded unto us. So the House as it should seem agreed thereunto, and appointed to meet on Monday next post Meridiem, at which time all the aforesaid matters past.
On Monday the 23th day of November, Three Bills had each of them one reading; of which the first being the Bill for Confirmation of the Grant of the Hospitals of Christ, Bridewell and St Thomas the Apostle was read the second time, and committed to the former Committees (who were appointed on Tuesday the 17th day of this instant November foregoing) and Sir George Moore, Mr Paule, Mr Edward Moore and Mr Barnham were added to the former Committees, who were appointed to meet upon Wednesday next in the Exchequer Chamber at two of the Clock in the Afternoon.
Mr Symnell one of the Committees in the Bill touching Mr. Markham, shewed the mind of the Committees to be, and also delivered sundry reasons, that it is a Bill fit to rest and not to be any further dealt in by this House.
The Bill that Sir Anthony Mayney Knight, and Anthony Mayney his Son may be enabled to dispose of his Lands, &c. was upon the second reading committed unto Sir Robert Wroth, Sir Edward Hobbie, Sir George Moore, Sir William Wray, Sir Moyle Finch, Sir Michaell Sandes, and others, who were appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall at two of the Clock.
The Bill of Monopolies was read, to which Mr Spicer spake and said, Mr Speaker, I think it were good this Bill were committed; I am no Apostate, but I stick to the former faith and opinion that I was of, that by way of Petition will be our safest course; for it is to no purpose to offer to tie her hands by Act of Parliament, when she may loosen her self at her pleasure. I think it were a Course nec gratum, nec tutum. And therefore the best way is to have a Committee to consider what course shall be proceeded in; for I doubt not but we be all agreed of the reformation, though not of the manner.
Mr Davies said, God hath given that power to absolute Princes which he attributeth to himself, Dixi quod Dii estis. And as Attributes unto them he hath given Majesty, Justice and Mercy; Majesty, in respect of the Honour that the Subject sheweth to his Prince; Justice, in respect he can do no wrong, therefore the Law is 1 Hen. 7. that the King cannot commit a disseizin; Mercy, in respect he giveth leave to Subjects to right themselves by Law: And therefore in 43 Assis. an Indictment was brought against Bakers and Brewers, for that by colour of Licence they had broken the Assize; wherefore according to that Precedent I think it most fit to proceed by Bill not by Petition.
Mr. Secretary Cecill said, If there had not been some mistaking or some confusion in the Committee, I would not now have spoken. The question was of the most convenient way to reform these grievances of Monopoly: But after disputation, of the labour we have not received the expected fruit. If every man shall take leave to speak for the common Subject, I am afraid in these vast powers of our mind, we shall dispute the project and reformation quite out of doors. This dispute draws two great things in question; First the Princes power; Secondly the freedom of Englishmen. I am born an Englishman and am a Fellow-Member of this House; I would desire to live no day, in which I should detract from either. I am servant unto the Queen, and before I would speak or give consent to a Case that should debase her Prerogative or abridge it, I would wish my tongue cut out of my head. I am sure there were Law-makers before there were Laws. One Gentleman went about to possess us, with the Execution of the Law in an Antient Record of 5° or 7° Edwardi 3. Likely enough to be true in that time, when the King was afraid of the Subject. Though this Precedent be a substance, yet it is not the whole substance of the Parliament. For in formet times, all sate together as well King as Subject, and then it was no prejudice to his Prerogative to have such a Monopoly examined. If you stand upon Law and dispute of the Prerogative, heark ye what Bracton faith, Prærogativam Nostram nemo audeat disputare. And for my own part I like not these courses should be taken. And you Mr Speaker, should perform the charge her Majesty gave unto you in the beginning of this Parliament, not to receive Bills of this nature; for her Majesties ears be open to all grievances, and her hand stretcht out to every mans Petitions. For the matter of access I like it well, so it be first moved and the way prepared. I had rather all the Patents were destroyed than her Majesty should lose the hearts of so many Subjects as is pretended. I will tell you what I think of these Monopolies: I take them to be of three natures, some of a free nature and good, some void of themselves, some both good and void. For the first, when the Prince dispenses with a penal Law that is left to the alteration of Sovereignty, I think it powerful and irrevocable. For the second, as to grant that which taketh from the Subject his Birthright, such men as desire these kind of Patents, I account them misdoers and wilful and wicked offenders. Of the third sort is the Licence for the matter of Cards, &c. And therefore I think it were fit to have a new Commitment to consider what her Majesty may grant, what not; what course we shall take, and upon what points.
Mr Mountague said, I am loth to speak what I know, left perhaps I should displease. The Prerogative Royal is that which is now in question, and which the Laws of the Land have ever allowed and maintained. Then my motion shall be but this, That we may be Suitors unto her Majesty, that the Patentees shall have no other remedies than by the Laws of the Realm they may have, and that our Act may be accordingly.
Mr Martin said, I think the Common grievance and the Queens Prerogative have inspired this Gentleman that last spake (whom for reverence sake I must needs name, Mr Mountague) to make that motion which he hath done. And because the House seems greatly to applaud it, may it please you Mr Speaker, to put it to the question, whether that shall be determined of at the Committee. Now the Committees were, all the Privy Council being Members of this House, and the Queens Learned Councel Members like wife of this House, all the Knights of the Shires, Sir George Moore, Mr Dr Bennet, Mr Hide, Mr Winch, Sir Charles Cavendish, Sir Percival Hart, Mr Thinn, Mr. Downhalt, Mr. Martin and divers others, together with the Knights and Citizens for London, the Barons of the Ports, Mr Lieutenant of the Tower and Mr Doctor Cæsar, who were appointed to meet this Afternoon in this House at two of the Clock, to have Conference and to agree upon some course to be taken touching Patents of Priviledges, and to report unto this House of their resolutions therein accordingly.
The Committees for the great business of Monopolies and Patents of Priviledge being met, there was shewed amongst them a Note or Catalogue of divers of them, and to whom they were granted, which was as followeth, only altered in some places for Order sake.
To Thomas Wight and Bonnam Norton to Print Law-Books; and divers others of no great moment touching the transportation of Iron and Tin, the sowing of Hemp and Flax, the gashing of Hydes, the forfeiture of Grigg Mills, the making of Mathematical Instruments, the making of Saltpeter, the Printing of the Psalms of David, and touching Fishers, Pouldavies and certain Forfeitures.
These Monopolies were most of them shewed to the Committees by Secretary Cecill, and to have been granted since the sixteenth year of the Queens Majesties Reign; for in the seventeenth year of her Reign, he shewed that a Patent was first granted to Robert Sharp to make Spangles and Oes of Gold; And then in the eighteenth year of her Majesty a Patent was granted to Sir Edward Dyer to pardon, dispense and reserve all Forfeitures and abuses committed by Tanners contrary to the Statute. And that the greatest part of the before-mentioned Patents of Priviledge or Monopolies had been granted since. Whereupon after Mr Davies had moved to have these Monopolies proceeded against by Bill, and Mr Martin had moved to have them rather dealt in by Petition to her Majesty, and that the House had heard the particular relation of the said Monopolies, there was nothing done or concluded upon, but a meeting appointed on Tuesday in the Afternoon.
On Tuesday the 24th day of November the Bill touching Painter-Stainers and abuses in Painting was read the second time, and committed unto Sir RobertWroth, Sir George Moore, Mr Maynard, Mr Cope, Mr Doctor Parkins and others, who were appointed to meet this Afternoon in the Exchequer Chamber at two of the Clock, and the Bill with the Committees names was delivered to Mr Pindar one of the same Committees.
The Bill touching the Lordships of Landoflowre alias Landovorowre was read the second time, and committed unto the Knights and Burgesses for Wales, the Burgesses for Hereford, Mr Owen, Mr Philipps and others, who were appointed to meet to Morrow in the Temple-Church at two of the Clock in the Afternoon, and the Bill was delivered to Mr Philipps.
The Bill for reformation of abuses used in the Art or Mystery of Imbroidering was read the second time and rejected, as was also the Bill for Mollineux after it had been read the second time and put to the question.
Sir Francis Hastings made Report of the meeting of the Committees in the Bill touching Alehouses (who were appointed on Thursday the 5th day of this instant November foregoing) with some Amendments in the same.
Sir Edmund Morgan a Member of this house being served with a Subpæna to appear in the Chancery this present day, and also Mr Pemerton another Member of this House likewise served with a Subpæna out of the Chancery at the Suit of sir Walter Raleigh and Sir Carew Raleigh, prayeth the Priviledge, which by order of this House was granted.
The Bill against blasphemous Swearing was read the second time and committed to the former Committees in the Bill touching Swearing (who were appointed on Tuesday the 10th day of this instant November foregoing) and to meet in this House in the Committee Chamber to Morrow Morning.
The Bill for the making of Parks of the Impaled Grounds of Noblemen and Gentlemen was read the second time, and upon the question and division of the House dashed, with the Yea a hundred and eleven, and with the No a hundred fifty one.
Mr Secretary Cecill said, The Duty I owe and the Zeal to extinguish Monopolies makes me to speak now, and to satisfy their Opinions that think there shall be no redress of these Monopolies. Order is attended with these two Handmaids, Gravity and Zeal; but Zeal with Discretion. I have been (though unworthy) a Member of this House in fix or seven Parliaments, yet never did I fee the House in so great Confusion. I believe there never was in any Parliament a more tender point handled than the Liberty of the Subject, that when any is discussing this point, he should be cried and cought down. This is more fit for a Grammar-School than a Court of Parliament. I have been a Counfellor of State this twelve years, yet did I never know it subject to construction of levity and disorder. Much more ought we to be regardful in so great and grave an Assembly. Why, we have had Speeches upon Speeches, without either Order or Discretion. one would have had us proceed by Bill, and see if the Queen would have denied 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 Course doubtless is best; but for the first, and especially for the second, it is so ridiculous, that I think we should have 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 of Monopoly of Tobaco Pipes (which Mr Wingfields note had) and I know not how many conceits: but I wish every man to rest satisfied till the Committees have brought in their resolutions according to your Commandments.
On Wednesday the 25th day of November, Three Bills of no great moment had each of them one reading; of which the last being the Bill for the levying of Fines in the County and City of Chester was read the second time, and committed unto all the Queens Learned Councel being of this House, the Knights and Burgesses for the County and City of Chester, Sir John Egerton and others, who were appointed to meet upon Friday next in the Inner-Temple Hall at two of the Clock in the Afternoon.
The Amendments and Proviso in the Bill for Mr. Nevill were twice read, and ordered with the Bill to be ingrossed, and not to be read the third time, until her Majesties Pleasure be further known, to be signified unto this House by Mr. Sollicitor, Mr. Speaker, or some other thereunto appointed.
The Bill to prevent double payment of Debt upon Shop-Books was read the second time and committed unto Sir Walter Raleigh, Mr. Beeston, Sir Francis Hastings and others; and the Bill was delivered to Mr. Beeston, who with the rest was appointed to meet in the Inner-Temple Hall at two of the Clock in the Afternoon upon Friday next.
The Committees for the Exchequer Bill (who were appointed on Saturday the 21th day of this instant November foregoing) brought in the Bill with some Amendments, and after some Speeches therein had, upon the question resolved, that it should be presently recommitted to be considered of in the Committee Chamber of this House, and thereunto are appointed Mr. Mountague, Mr. Winch, Sir Robert Wroth, Mr. Jones, Mr. Martin, Mr. Tate, Mr. Johnson, &c.
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 gracious Message sent by my unworthy Self. She yields you all hearty thanks for your care and special regard of those things that concern her State, Kingdom, and consequently our Selves, whose good she had always tendred as her own; for our speedy resolution in making of so hasty and free a Subsidy, which commonly succeeded and never went before our Councels; and for our Loyalty: I do assure you with such and so great Zeal and Affection the uttered and shewed the same, that to express it, our tongues 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 our (or her) Life should witness it; And that the least of her subjects was not grieved, and she not touched. She appealed to the Throne of Almighty God, how careful she hath been and will be to defend her people from all Oppressions. She said, that partly by intimation of her Council, and partly by divers Petitions that have been delivered unto her both going to the Chapel and also to walk abroad, she understood that divers Patents, which she had granted, were grievous to her Subjects; and that the Substitutes of the Patentees had used great Oppressions. But she said, she never assented to grant any thing which was Malum in se. And if in the abuse of her Grant there be any thing evil (which the took knowledge there was) she her self would take present Order of reformation. I cannot express unto you the Apparent Indignation of her Majesty towards these abuses. She said that her Kingly Prerogative (for so she termed it) was tender; and therefore desireth us not to fear or doubt of her careful reformation; for she said, that her Commandment was given a little before the late troubles (meaning the Earl of Essex's matters) but had an unfortunate Event: but that in the middest of her most great and weighty 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 another word which I take it her Majesty used) and that some should be presently repealed, some suspended, and none put in Execution, but such as should first have a Tryal according to the Law for the good of the People. Against the abuses her wrath was so incensed, that she said, that she neither could nor would suffer such to escape with impunity. So to my unspeakable comfort she hath made me the Messenger of this her gracious Thankfulness and Care. Now we see that the Axe of her Princely Justice is laid to the Root of the Tree; and so we see her gracious goodness hath prevented our Counsels and Consultations. God make us thankful, and send her long to Reign amongst us. If through weakness of memory, want of utterance or 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 assist this Chair and were present before her Majesty at the delivery hereof, to supply and help my imperfections; which joined with my fear have caused me (no doubt) to forget something which I should have delivered unto you.
After a little pause and silent talking one with another, Mr Secretary Cecill stood up and said, There needs no supply of the Memory of the Speaker: But because it pleased him to desire 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 some thing which I both then heard, and since know. In was present with the rest of my Fellow Counsellors, and the Message was the same that hath been told you; and the cause hath not succeeded from any particular course thought upon, but from private informations of some particular persons. I have been very Inquisitive of them and of the cause, why more importunity was now used than asore, which I am afraid comes by being acquainted with some course of 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 if it be Malum in se, but the Queen was ill apprizws in her Grant. But all to the generality be unacceptable. I take it, there is no Patent whereof the Execution hath not been injurious. Would that they had never been granted. I hope there shall never be more, (All the House said Amen.) In particular most of these Patents have been supported by Letters of Assistance from her Majesties Privy Council; but whosoever looks upon them shall find, that they carry no other stile, than with relation to the Patent. I dare assure you that from henceforth there shall be no more granted. They shall all be revoked. But to whom do they repair with these Letters? to some out-house, to some desolate Widow, to some simple Cottage, or poor ignorant People, who rather than they would be troubled and undo themselves by coming up hither, will give any thing in reason for these Caterpillars satisfaction. The notice of this is now publick, and you will perhaps judge this to be a Tale to serve the time. But I would have all men to know thus much, that it is no jesting with a Court of Parliament, neither dares any man (for my own part I dare not) so mock and abuse all the States of this Kingdom in a matter of this consequence and importance. I say therefore there shall be a Proclamation general throughout the Realm to notify her Majesties resolution in this behalf. And because you may eat your meat more favourly than you have done, every man shall have Salt as good cheap as he can either buy it or make it, freely without danger of that Patent, which shall be presently revoked. The same benefit shall they have which have cold Stomachs, both for Aqnavitæ and Aqua composita and the like. And they that have weak stomachs, for their satisfaction, shall have Vinegar and Alegar, and the like set at liberty. Train Oyl shall go the same way; Oyl of Blubber shall march in equal rank; Brushes and Bottles endure the like Judgment. The Patent for Pouldavy, if it be not called in, it shall be Oade; which as I take it is not restrained either by Law or Statute, but only by Proclamation (I mean form the former Sowing) though for the saving thereof it might receive good disputation. Yet for your satisfaction, the Queens Pleasure is to revoke that Proclamation; only she prayeth thus much, that when she cometh on Progress to see you in your Countries; she be not driven out of your Towns by suffering it to insect the Air too near them. Those that desire to go sprucely in their Ruffs may at less charge than accustomed obtain their wish; for the patent for Starch, which hath so much been prosecuted, shall now be repealed; There are other Patents which be considerable, as the Patent of New Drapery, which shall be suspended and left to the Law; Irish Yarn, a matter that I am sorry there is no cause of Complaint; for the Salvageness of the People and the War hath frustrated the hope of the Patentee, a Gentleman of good service and desert, a good subject to her Majesty, and a good Member of the Common-Wealth, Mr Carmarthen. Notwithstanding it shall be suspended and left to the Law. The Patent for Calf-Skins and Fells, which was made with a relation, shall endure the censure of the Law. But I must tell you, there is no reason that all should be revoked, for the Queen means not to be swept out of her Prerogative. I say it shall be suspended, if the Law do not Warrant it. There is another servant of her Majesties Mr Onslow, one of her Pensioners, an honest Gentleman and a faithful Servant, he hath the Patent for Steel, which one Mr Beale once had; this too because of complaints shall be suspended. There is another that hath the Patent for Leather, Sir Edward Dyer, a Gentleman of good desert, honest, religious and wife; this was granted unto him thirty years ago. It crept not in by the new misgovernment of the time: Yet this shall also be suspended. The Patent for Cards shall be suspended and tryable by the Common Law. The Patent for Glaffes, which though I do least apprehend to be prejudicial to the publick good, yet it is left to the Law. There is another Patent for Saltpeter, that hath been both accused and slandered; It digs in every mans House, it annoys the Inhabitant, and generally troubleth the Subject: For this I beseech you be contented. Yet I know I am to blame to desire it, it being condemned by you in foro Conscientiæ; but I assure you it shall be fully sifted and tryed in soro judicii. Her Majesty means to take this Patent unto her self, and advise with her Council touching the same. For I must tell you the Kingdom is not so well furnished with Powder now as it should be. But if it be thought fit upon advice to be cancelled; her Majesty commanded me to tell you, that though she be willing to help the grave Gentleman that hath that Patent, yet out of that abundant desire that she hath to give you compleat satisfaction, it shall be repealed. This hath come to the Ear of the Queen, and I have been most earnest to search for the Instrument, and as a Counsellor of State, have done my best endeavour to salve the sore; But I fear we are not secret within ourselves. Then must I needs give you this for a future Caution, That whatsoever is subject to publick expectation cannot be good, while the Parliament matters are ordinary talk in the Street. I have heard my self, being in my Coach, these words spoken aloud, [God prosper those that further the overthrow of these Monopolies, God send the Prerogative touch not our Liberty.] I will not wrong any so much as to imagine he was of this Assembly; Yet let me give you this Note, That the time was never more apt to disorder and make ill interpretation of good meaning; I think those persons would be glad that all Sovereignty were converted into Popularity; We being here, are but the popular branch, and our liberty, the liberty of the Subject: And the World is apt to slander most especially the Ministers of Government.
Thus much have I spoken to accomplish my duty unto her Majesty, but not to make any further performance of the well uttered and gravely and truly delivered Speech of the Speaker. But I must crave your favours a little longer to make an Apology for my self. I have held the favour of this House as dear as my Life, and I have been told that I deserved to be taxed Yesterday of the House. I protest my Zeal to have the business go forward in a right and hopeful course; and my fear to displease her Majesty by a harsh and rash proceeding made me so much to lay aside my discretion, that I said it might rather be termed a School than a Council, or to that effect. But by this Speech if any think I called him SchoolBoy, he both wrongs me and mistakes me. Shall I tell you what Demosthenes said to the Clamours which the Athenians made, that they were Pueriles & dignos pueris. And yet that was to a popular State. And I wish that whatsoever is here spoken may be buried within these Walls. Let us take Example of the Jewish Synagogue, who would always Sepelire Senatum cum honore, and not blast their own Follies and Imperfections. If any man in 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 quàm consilio juvare.
Mr Francis Moore said, 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 those Monopolis, from which there was no Town, City or Country free; I would be bold in one motion to offer two considerations to this 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 their thankfulness unto her for the same; The other, that where 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 satisfy her Majesty by way of Apology therein, but also humbly crave pardon for the same.
Mr. Wingfield said, My heart is not able to conceive the joy which 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 to express (and here as I think he wept) There could nothing have been more acceptable to the Subject than this Message. And I verily think, if ever any of her Majesties words be meritorious before God, this is. I do agree withall my heart in the first part of the Gentlemans motion that last spake; but do utterly mislike the latter: For it is not be intended, we should have had go good and gratious 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.
So it was put to the question and concluded, That thanks should be returned by the Speaker, and some twelve were named to go with him as a convenient number, and intreaty made to the Privy Council to obtain liberty to be admitted.
Two Bills of no great moment had each of them one reading; of which the second being the Bill touching Feltmakers was read the second time and committed unto the Knights and Citizens for London, Sir George Moore, the Knights for Middlesex and Surrey, Mr. Wiseman and others, who were appointed to meet upon Saturday next in the Middle-Temple Hall at two of the Clock in the Afternoon.
Mr. Doctor Parkins made Report of the meeting of the Committees in the Bill for the benefit of Merchants, and advancement of her Majesties Custom; And that the Committees do think it a Bill in their opinions not to be any more dealt in by this House for many reasons by him delivered.
The Bill for the grant of four entire Subsidies and eight Fifteenths and Tenths granted by the Temporalty was read the first time. (Vide concerning this Bill on Saturday the 5th day of December next following.)
Mr. Jones one of the Committees in the Bill for Landoveroure (who were appointed on Tuesday the 24th of this instant November foregoing) certifieth in the Bill with some Amendments therein by the Committees.
Mr Secretary Cecill said, If I should tell you otherwise than truth in matter of so great consequence, I should need no other process than my own Conscience; That to so gratious a Message there was 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, than I can and will give you thanks for that which you have already performed] meaning the subsidies and Fifteenths. So inseparable are the qualities of the Prince and the Subject: Good for the one and for 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 affected consummation she hath compleated that work: at that time she will be well pleased to receive your thanks and to return to you her best favours. (Vide concerning this matter on Saturday the 5th day of December following)
On Friday the 27th day of November four Bills had each of them one reading; of which the last being the Bill for the enlarging of the Statute of the first year of her Majesties Reign touching the breed of Fish, was read the first time and rejected.
Two Bills of like consequence had each of them one reading; of which the second being the Bill for the true payment of Tythes within the Walls of the City of Norwich, was read the second time and committed unto the Citizens for Norwich, Sir Francis Hastings, Mr Fretchvill, the Knights for Norfolk, Mr John Hare and others, who were appointed to meet in the Exchequer Chamber at two of the Clock in the Afternoon.
The Speaker stood up and with the House to advise what they would do with the prisoners that served Sir Edmund Morgan and Mr Pemerton with Subpæna's, and shewed that they were ready at the Door to attend.
Mr Tate said, I will be bold to offer two Precedents to this House touching serving of Subpæna's; yet first let us enter into consideration of the force of the Priviledges 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 Priviledges and Jurisdictions which we now have. And though there be Session or separation of the United Body, yet the Priviledges do remain still entire. For by most antient Records of this Realm it may plainly appear, that the same Priviledges serve both Houses. The first Precedent is in King Edward the first his dayes, when the Templers had certain Tenants of the Parliament House which were behind with their Rents, and they made humble Petition to the King, that they might either distrain their Bodies or Goods for the same. The King as it appeareth, Answered, Non videtur honestum quòd aliquis de Magno Parliamento nostro distringatur. So that it seems we are Priviledged from all kind of distress whatsoever. The second is one Pogo de Clare, who did presume to serve a Citation upon Edmond Earl of Cornwall within Westminster-Hall as he was going to the Parliament House, for which he was sent to the Tower, and made to submit himself de alto & basso, and a Fine of twenty thousand Marks imposed upon him, which he truly paid. Besides, because Westminster-Hall was within the Precinct Liberties of the Abbot of Westminster he was Fined a thousand pound for that contempt: But by Mediation of the Bishop it was remitted to a hundred pound, which he also truly paid to the Abbot. And our use at this day is not warranted by antient course of Precedents; for if a man had been Arrested upon a Subpæna, upon notice given he should have had a Writ of Priviledge, which of course her Majesty must have allowed. Then he made a long speech upon Trewinnard and Skewish's Cafe 35 Hen. 8. Dyer fol. 55. pl. 8. & 36 H. 8.59. Pl. 17, &c. See the Book at large.
Mr Bretten shewed, that a Member of this House (Mr Philips the Lawyer) was served with a Privy-Seal out of the Court of Wards, by one Thomas Deane Servant to one Mrs Chamberlain a Widow; who when he delivered the Process, being told it would be taken in evil part by the House, said, he cared not; and that 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 but she should find as good Friends there as he had. Whereupon the House willed that she and her Servant should be sent for by the Serjeant.
Mr Holcroft shewed the House 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 Sheriffs of Shrewsbury, and nothing was done therein.
Mr Morrice said, that after the House had given Order to the Serjeant to go, he came (said he) unto me to certifie him of the Parties and of the particulars. And what he hath since done therein I know not.
Mr Roger Owen said, May it please you Mr Speaker, my self being chosen for the Shire, 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 from the House, but the Gentleman Mr Morrice and some others being willing to let me have the Examination of the matter, came before me, and upon Examination (a wife Examination no doubt, quoth Mr Secretary) I found that 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 so much notice, stayed.
After three Congies made the Serjeant shewed, that he was with Mr Morrice, and that he offered him to send one of his men, but because he was in doubt of finding them, he desired some part of his Fees, or money for his charges or Horses, or else he would find Horses, or get one of his fellow Serjeants to go, because he could not well be spared from this Service; if not, he would for his more Expedition procure a Pursevant to go with a Warrant under Mr Speaker's hand, and some of the Honourable of the Councel in this House for the more speedy Passage. All which courses Mr Morrice rejected. And I hope the House meant not I should go or send on my own Purse, or hazard the charge my self. And therefore I hope this will be sufficient for my discharge. And all the House cryed 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 Pemerton; and by this shift the former matter was shufled up.
Christopher Kennell said, Mr Speaker, and the rest of this Honourable House, I am (though poor) a Gentleman born and known to many in this Assembly; This perhaps may be a cause to aggravate my offence. I hope there is no man that doth not know me, and I am sure there is no man which doth know me, but thinketh, I would not willfully 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 the House in the like Cases: But Mr Speaker, if there be either honesty or Christianity in me, by the same I do protest that I knew not Sir Edmund Morgan was of this House of Parliament, which I think he will a vouch himself. And as soon as I heard it, I went to Sir Edmund's Chamber, where I found him, to reconcile my self and make an Atonement (for that was his word) with him. 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 eighteen Years in her Wars, and in all my Life I was never Trespasser in any offence of this or the like nature. I do therefore most humbly beseech you in your Wisdoms to have consideration of the nature and circumstances of mine offence, and most willingly I do submit my self to your Censures.
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 this nature; only impunity, the cause.
Sir Edmund Morgan said, The Gentleman (Mr. Speaker) is a Man of good desert, fort and carriage; and I think if he had known me to have been of this House, he would not have served me with the Subpæna. 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 humbly pray that 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 reserve your Justice to matters of greater importance. Which Speech was marvellous well liked of by the House.
Mr Pemerton being asked what he could say, whether William Mackerells knew him; he Answered, I, and that his men had told him. He said he knew that the said William was a very Knave, and therefore he would not entreat the favour of the House, but let him have the Justice of the House. Which Speech was generally misliked as churlish.
Mr Fleetwood a Counsellor of Grayes-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 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. And so agreed they should be sent for. See the whole matter on Saturday next.
Mr Kennell and Mr Mackerells were brought to the Bar, and after their offences laid open by the Speaker, he said, it pleased the House to have so favourable consideration of their offences, that they should only have three dayes Imprisonment in the Custody of the Serjeant and pay him their Fees.
Mr Downald moved the House, first, that that gracious Message which had been sent from her Majesty might be written in the Books of Records of this House, (being worthy to be written in Gold) as well as it is written and fixed in the true heart of every good Subject; Secondly, That the Honourable Assembly of this House would move her Majesty and be earnest means of speed, left that which is now meant indeed may by protraction of time be altered, or perhaps not so happily effected.
Mr Secretary Cecill said, I promised to be as silent as I could. Among 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 the Gentleman that last spake, but to desend 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 days I doubt not but you shall see him dismember'd; And I protest there is not any Soul that lives deserves thanks in this Cause but our Sovereign. Yesterday the Queen gave Order for a Draught of a Proclamation, I had it in my hand. You all know, I went even now out of the House ( that was in the middle of Mr Tate's Speech) 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 Speaker, I stood up before to speak, it is not much I had to say, only this, That which was delivered unto you from her sacred self, I think to be Gospel, that is, Glad Tidings: And as the Gospel is registred and written, so would I have that also; for if ever glad tidings came to the heart of the subject, they now come. This is all Sir.
Sir George Moore said, This eating and fretting Disease of Monopolies I have ever detested with my heart, and the greater the grievance is, the more inestimable is the grave wisdom of her Majesty in repealing them. And therefore for us to think we can sufficiently requite the same, it were to hold a Candle before the Sun to dim the Light. And seeing she in her Clemency and Care to us hath taken the matter in her own hands, I wish the matter may be no more spoke of much less proceeded in.
Mr. Lawrence Hide said, I think the Gentleman that set this Motion on foot, spake out of Joy for her Majesties Grace and Zeal to have performance of her Promise. In that he wished it might be recorded in Paper here or Parchment, it is not to be intended, but he meant also in our hearts, which remain no longer than we live; But Records remain long, and will give a lively memory in Ages to come. And therefore for that part of his Motion I think it very good, and wish the Clerk may do it accordingly.
Mr. Comptroller said, I think he that first moved this question, exceedingly forgot himself, and exceedingly detracted from her Majesty, who I know out of her abundant love and grace to this House, hath taken such speedy course, as hath been delivered by my Fellow Counsellor. 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 their common good.
Mr. Speaker said, My Heart is not able to conceive, nor my Tongue to utter the Joy I conceived of her Majesties Gracious and especial Care for our good, &c. Wherefore as God himself said, Gloriam meam alteri non dabo, so may her Majesty say, in that she her self will be the only and speedy Agent for performance of our most humble and most wished desires. Wherefore let us not doubt but as she hath been, so she still will be our most Gracious Sovereign and natural Nursing Mother unto us. Whose days the Almighty God prolong to all our Comforts. All said Amen
The Bill touching draining of Grounds in the Isle of Ely and the Counties of Cambridge, Huntington, &c. was read the second time and committed unto the Queens Learned Councel being of this House, the Knights and Burgesses for the Shires named in the Bill, my Lord Clinton and others, who were appointed to meet upon Tuesday next in the Court of Wards at two of the Clock in the Afternoon.
Two Bills also had each of them one reading; of which the second being the Bill touching Lands given to Charitable uses, &c. was read the second time, and committeed to the Committees for repeal of Statutes (whose names see on Thursday the 5th day of November foregoing) and there were added unto them the Queens Learned Councel being Members of this House, the Masters of Requests, Sir Edward Stafford, Sir Edward Hobbie and divers others, and appointed to meet in the Exchequer Chamber upon Tuesday next at two of the Clock in the Afternoon. And the Committees to have Authority as well to put into the Bill of Repeal or in the Bill of continuance of Statutes the former Act made in the last Parliament touching Lands given to charitable uses, as to deal in this present Bill, if it shall so seem good unto them.
Mr Secretary declared, that according to the direction of this House, her Majesty hath been informed of the exceeding and inestimable joy and comfort which this House hath received by a Message lately published sent from her Highness by Mr Speaker; And hath been likewise moved to signify her Highnesses pleasure touching the determination of this House, in appointing Mr. Speaker with some selected Company of the same to render the most humble and dutiful thanks of this whole House, for the said most gracious, most princely and comfortable Message: And her gracious Answer was, That her Majesty being acquainted with the said desires of this House, did vouchsase that Mr. Speaker with forty, fifty or a hundred of this House, such as should thereunto be appointed, should have access unto her Majesty for the same purpose upon Monday next in the Afternoon at the Court, and should be all welcome.
Whereupon were appointed the Knights for all the Shires, My Lord Hayward, my Lord Clinton, all Knights Members of this House, the Citizens and Knights for London, the Masters of Requests, Mr. Bacon, Mr. Francis Lee, Mr. Dr. Parkins, Mr. Warcup, Mr. Dr. Bennet, Mr. Dr. James, Mr. Davies, Mr. Martin, and Mr. Simnel
Robert Holland Scrivener and Lawrence Brook his Servant were brought to the Bar, and being charged by Mr. Speaker with their offence against this House in offering an abuse unto a Member of the same in striking and ill intreating of Mr. Fleetwood and his servant attending upon him in his presence; it was upon the hearing and debating of the matter Ordered upon the question, that the said Robert Holland and Lawrence Brook his servant should be committed Prisoners to the Serjeant of this House for the space of five days, and then to be discharged paying the Fees of the Serjeant and the Clerk.
The Bill that the Lord Marquess of Winchester may dispose of his Lands whereof he is Tenant in Tayle, as other Tenants in Tayle by the Laws and Statutes of the Realm may do, &c. was read the second time and committed unto all the Privy Council being Members of this House, all the Queen's Learned Councel likewise; Sir Robert Wroth, Sir Edward Moore, Sir Francis Hastings, Sir Walter Raleigh and others; and the Bill and Committees names were delivered to Sir Edward Moore, who with the rest was appointed to meet upon Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber.
Christopher Hillyard Esquire returned into this present Parliament a Burgess for the Borough of Heydon in the County of York, for that he is visited with sickness and thereby unable to give his Attendance, is licensed by Mr Speaker to depart home.
Henry Hastings Esquire one of the Knights for the County of Leicester is licensed by Mr. Speaker for his necessary affairs to depart into his Countrey, after having left with the Serjeant ten shillings for the Poor.
On Monday the 30. day of November, Two Bills had each of them one reading; of which the second being the Bill for repairing and amending of Bridges near the City of Carlisle in the County of Cumberland was read the first time.
Mr Dale, one of the Committees in the Bill touching Feltmakers (who were appointed on Thursday the 26th day of this instant November foregoing) shewed the meeting of the Committees, and brought in the Bill with a Proviso annext and some Amendments.
Thus far of the passages of this day out of the Original Journal-Book of the House of Commons: Now followeth a certain Message by Sir William Knolls her Majesties Comptroller, which he delivered in her Highnesles name unto the House, out of the private Journal.
Mr. Comptroller said, I am to certify you of her Highness's gladness and willingness to hear the acceptable News that was delivered unto her from this House, of our humble and earnest desire all to see her Majesty, and shew our thankfulness. She commanded me to tell you, That the reason of her limitation of having a convenient number was, that the place whereunto we should come was not big enough to receive us all; but she saith that she is glad that there is such a Sympathy betwixt her and us; And she is well pleased that this Afternoon at three of the Clock we should attend her, and without restraint or limit we may all come and shall be very welcom.
Mr. Barrington made Report of the Travel of the Committees in the Bill against Blasphemous Swearing (who were appointed on Tuesday the 10th day of this instant November foregoing) and brought in the Bill with some Amendments.
The Bill for the grant of four entire Subsidies and eight Fifteenths and Tenths granted by the Temporalty was read the second time and Ordered to be ingrossed. Vide concerning this Bill on Saturday the 5th day of December next following.
The greatest part of this Forenoons Passage being thus transcribed out of the Original Book of the House of Commons; now follows a question only moved by the Speaker upon the rising of this House, as also his access unto her Majesty in the Afternoon with divers of the said House at Whitehall, touching Monopolies or Patents of Priviledge, out of the said private Journal.
The Speaker asked the House, What it was their pleasures he should deliver unto her Majesty? and Sir Edward Hobbie stood up and said, it was best he should devise that himself, the whole House would refer it to him, and all said I, I, I.
At length the Queen came into the Council Chamber where sitting under the Cloth of State at the upper end, the Speaker with all the Company came in, and after three low reverences made he spake to this effect.
Most Sacred and most gracious Sovereign We your Faithful, Loyal and obedient Subjects and Commons here present, vouchsafed of your especial goodness (to our unspeakable comfort) access to your sacred presence, do in all duty and humbleness come to present that which no words can express, most humble and thankful acknowledgement of your most gracious Message, and most bounden and humble thanks for your Majesties most abundant goodness extended and performed to us. We cannot say, Most Gracious Soveraign, We have called and been heard, we have complained and have been helped; though in all duty and thankfulness we acknowledge, your Sacred Ears are ever open, and ever bowed down to hear us, and your blessed Hands ever stretched out to relieve us; We acknowledge, (Sacred Sovereign) in all duty and thankfulness we acknowledge, that before we call, your preventing Grace and All-deserving Goodness doth watch over us for our good, more ready to give than we can desire, much less deserve. That Attribute which is most proper unto God, to perform all he promiseth, appertaineth also unto you our Most Gracious Soveraign Queen, of all Truth, of all Constancy, of all Goodness, never wearied in doing good unto us (the Deeds themselves do speak) most careful to provide all good things for us, most gracious, most tender to remove all grievances from us, which all your Princely Actions have ever shewed, and even now your most gracious published Proclamation of your own only meer Motion and special Grace for the good of all your People doth witness to us. We come not, Sacred Sovereign, one of ten to render thanks, and the rest to go away unthankful; but all of us, in all duty and thankfulness do throw down our selves at the Feet of your Majesty, do praise God and bless your Majesty. Neither do we present our thanks in words or any outward thing which can be no sufficient retribution for so great goodness; but in all duty and thankfulness, prostrate at your Feet, we present our most loyal and thankful hearts, even the last drop of Blood in our Hearts, and the last spirit of breath in our Nostrills to be poured out, to be breathed up for your safety.
Mr Speaker, we have heard your Declaration and perceive your care of our State, by falling into the consideration of a grateful acknowledgment of such benefits as you have received; And that your coming is to present thanks unto us, which I accept with no less Joy than your Loves can have desire to offer such a Present. I do assure you, that there is no Prince that loveth his Subjects better, or whose Love can countervail our Love; There is no Jewel, be it of never so rich a prize, which I prefer before this Jewel, I mean your Love; for I do more esteem it than any Treasure or Riches: for that we know how to prize, but Love and Thanks I count inestimable. And though God hath raised me High, yet this I count the Glory of my Crown, that I have Reigned with your Loves. This makes me that I do not so much rejoice that God hath made me to be a Queen, as to be a Queen over so thankful a People. Therefore I have cause to wish nothing more than to content the Subject, and that is a duty which I owe. Neither do I desire to live longer dayes, than that I may see your Prosperity, and that's my only desire. And as I am that Person that still, yet under God, hath delivered you, so I trust, by the Almighty Power of God, that I still shall be his Instrument to preserve you from Envy, Peril, Dishonour, Shame, Tyranny and Oppression, partly by means of your intended helps, which we take very acceptably, because it manifesteth the largeness of your Loves, and Loyalties unto your Sovereign. Of my self I must say this, I never was any greedy, scraping Grasper, nor a strait fast-holding Prince, nor yet a Waster; My heart was never set on Worldly Goods, but only for my Subjects good. What you do bestow on me, I will not hoard it up, but receive it to bestow on you again. Yea mine own properties I count yours to be expended for your good. Therefore render unto them from me I beseech you, Mr Speaker, such thanks as you imagine my Heart yieldeth, but my Tongue cannot express.
Note that all this while they kneeled. Whereupon her Majesty said, Mr Speaker, I would wish you and the rest to stand up, for I shall yet trouble you with longer Speech, so they all stood up and she went on in her Speech, saying.
Mr. Speaker, you give me thanks, but I doubt me, I have more cause to thank you all than you me; And I charge you to thank them of the House of Commons from me: for had I not received a knowledge from you, I might have fallen into the Lap of an Error, only for lack of true Information. Since I was Queen, yet did I never put my Pen to any Grant, but that upon pretext and semblance made unto me, that it was both good and beneficial to the Subjects in general, though a private profit to some of my antient Servants who had deserved well: But the contrary being found by Experience, I am exceeding beholding to such Subjects as would move the same at first. And I am not so simple to suppose, but that there be some of the Lower House whom these grievances never touched; And for them I think they speak out of Zeal to their Countries, and not out of Spleen or malevolent Affection, as being Parties grieved; and I take it exceeding grateful from them, because it gives us to know that no respects or interesses had moved them, other than the minds they bear to suffer no diminution of our Honour, and our Subjects Love unto us. The Zeal of which Afsection tending to ease my People and knit their Hearts unto me, I embrace with a Princely Care; far above all Earthly Treasure I esteem my Peoples Love, more than which I desire not to merit. That my Grants should be grievous to my People, and Oppressions to be Priviledged under colour of our Patents, our Kingly Dignity shall not suffer it; Yea, when I heard it I could give no rest to my thoughts until I had reformed it. Shall they think to escape unpunished, that have thus oppressed you, and have been respectless of their duty, and regardless of our Honour? No. Mr Speaker, I assure you, were it not more for Conscience sake, than for any glory or encrease of Love, that I desire these Errors, Troubles, Vexations and Oppressions done by these Varlets and lewd Persons, not worthy the name of Subjects, should not escape without condign punishment. But I perceive they dealt with me like Physicians, who ministring a Drug make it more acceptable by giving it a good Aromatical Savour, or when they give Pills do gild them all over. I have ever used to set the last Judgment day before mine Eyes, and so to Rule as I shall be judged to answer before a higher Judge. To whose Judgment Seat I do Appeal, that never thought was cherished in my Heart that tended not to my Peoples good. And now if my Kingly Bounty have been abused, and my Grants turned to the hurt of my People, contrary to my will and meaning; or if any in Authority under me, have neglected or perverted what I have committed to them, I hope God will not lay their Culps and offences to my Charge; and though there were danger in repealing our Grants, yet what danger would not I rather incur for your good, than I would suffer them still to continue? I know the Title of a King is a Glorious Title; but assure your self, that the shining glory of Princely Authority hath not so dazled the Eyes of our understanding, but that we will know and remember, that we also are to yield an Account of our Actions before the great Judge. To be a King and wear a Crown is more glorious to them that see it, than it is pleasure to them that bear it. For my Self, I was never so much enticed with the glorious name of a King, or Royal Authority of a Queen, as delighted that God hath made me this Instrument to maintain his Truth and Glory, and to desend this Kingdom (as I said) from Peril, Dishonor, Tyranny and Oppression. There will never Queen sit in my Seat with more Zeal to my Country, Care to my Subjects, and that will sooner with willingness yield and venture her Life for your Good and Safety than my Self. And though you have had and may have many Princes more mighty and wise sitting in this Seat, yet you never had or shall have any that will be more Careful and Loving. Should I ascribe any thing to my Self and my Sexly Weakness, I were not worthy to live then, and of all most unworthy of the mercies I have had from God, who hath ever yet given me a Heart which never yet feared Foreign or home Enemies. I speak it to give God the praise as a Testimony before you, and not to attribute any thing unto my self; For I, O Lord, what am I, whom practices and perils past should not fear! O what can I do (these she spake with a great Emphasis) that I should speak for any Glory! God forbid. This Mr Speaker I pray you deliver unto the House, to whom heartily recommend me. And so I commit you all to your best Fortunes, and further Councels. And I pray you Mr. Comptroller, Mr. Secretary, and you of my Council, that before these Gentlemen depart into their Countries, you bring them all to kiss my Hand.