Historical Collections: Or, An Exact Account of the Proceedings of the Four Last Parliaments of Q. Elizabeth. Originally published by T. Basset, W. Crooke, and W. Cademan, London, 1680.
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November 16th - 20th
Monday, Novemb. 16.
I think my self bound in Conscience, to certifie you of an Infamous Libel that is Printed, and Spread abroad, since the Beginning of this Parliament: Saving your Presence, Mr. Speaker, It is called, The Assembly of Fools. I desire the Printer that Printed it, may be sent for: He dwells right over Guild-Hall-Gate.
The House wondred much at this Motion, and great Murmuring there was. At last, the Speaker asked him, where the Book was? and, where he saw it? He answer'd, In the Hands of one Mr. Henry Davies his Clerk, of Lincolns-Inn; but the Clerk's 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 was only sent for into the House; who being asked by the Speaker, 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 Dayes. Being asked, If he knew it to be a Libellous or Seditious Book? He answered, That he never knew any such Matter in it. Being asked, Where the Book was? He answered, At his Master's-Chamber.
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 to this House thereof; and he found great Fault with it: Therefore, he wished that Mr. Davies might be staid, until the Book was brought; and then, if they pleased, to send for him into the House, they might. And so he was staid.
In the mean time, Mr. Davy's Man went to his Chamber for the Book; which, after it was brought, and well scanned by the Privy-Councel, it was found to be a meer Toy, and an Old Book, Entituled, The Second Part of Jack of Dover: A Thing both Stale and Foolish. For which, Mr. Doyley was well Laughed at; and thereby, his Credit much impeached, in the Opinion of the House.
A Bill for Redress of certain Inconveniencies, in the Statute of 21 Hen. 8. Cap. 13. Entituled, An Act against pluralities of Benefices, for taking of Farms by Spiritual Men, and for Residence; was Read Secunda Vice.
Dr. Crompton, amongst many other Speeches, wished, 'That Plurality of Offices might be taken from the Layity, and then Pluralities of Benefices from the Clergy. 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, and their own Vow, from Marriage; so that, they might Live with far less Charge, than now they do: But having taken from them Impropriations, they cannot keep that Hospitality that is required. And next, Marriage being Tolerated amongst them, they Lived at greater Charge, both of Wise and Children: One Benefice of small Cure, sufficeth not.
Sir George Moore said, 'He thought the Bill most fit to be Committed; it being, in the General Scope, a Good Law, and tending to a Good and Religious End: But, 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, therfore, though there be some Imperfections in the Bill, yet the Body and Parts of it may be Amended, to every ones Satisfaction.
Mr. Lock said; 'Mr. Speaker, I think bare Silence is not an Exoneration of a Man's Conscience. The Similitude of Offices and Benefices, made by the Doctor, doth not hold, under Favour. For, Non est incipiendum cum Laicis, sed incipiendum a domo Dei. Therefore, if They begin first, we shall follow, in avoiding of Pluralities.
Dr. James said; 'That it had been said, That pluralities were the Cause of bringing in Corruption into the Church: But for that, under Favour, (said he) I think the contrary; because Corruption is commonly where Poverty is. But if Competent Living be given to the Minister, I see no Reason why Just Men should judge that to be Corruption.
'Secondly, It was said, That it would be a Means, that Preaching would be more frequent. For that I answer, That if Hope of Competent Living be taken away, it will be a means to make the best Wits refuse the Study of Divinity. And therefore, an Historian said well, Sublatis præmiis corruunt Artes.
'Consider besides, That in England, there are not above Eight Thousand, Eight Hundred, and odd Parish-Churches; Six Hundred of which do but afford Competent Living for a Minister. What then shall become of the Multitude of our Lear ned Men? They have no other Preferments, unless it be to get some Deanary, Prebendary, or such like; which is no easie matter to do, they being so few; especially in this catching Age.
'To give the best Scholar, but as great a Proportion as the Meanest Artizan; or to give all alike, there is no Equality: For, 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 make Preachers preach placentia; which is a Thing abhorred, even of God Himself. A Preacher, which is no Ordinary Person, ought to have an Extraordinary Reward: For the Canon saith, He must be Ad minimum Artium Magister, aut Publicus, out idoneus verbi Divini Concionator.
Mr. David Walterhouse said; 'Mr. Speaker, Because, my self am an Officer, I mean only to speak to the Doctor's Similitude of Pluralities of Offices. By the Common-Law, an Officer shall forfeit his Office for Non-Attendance: So for a Benefice, the Incumbent shall also forfeit. But after, the Statute came, which made this Toleration upon Eighty Dayes Absence. So that now, if we set this Statute at liberty again, this shall be no Innovation in us, but a Renovation of the Common-Law. I will end, only with this Caution to the House, That commonly, the most Ignorant Divines of this Land, are double Beneficed.
Serjeant Harries said; 'We seem to Desend the Privileges and Customs of the House: But if we proceed to determine of this Bill, Mr. Speaker, we shall not only infringe a Custom, which we have ever observed, viz. To medle with no Matter, which toucheth Her Majesty's Prerogative; but also procure Her great Displeasure. Admit we should determine this Matter, yet Her Majesty may grant Toleration, Non Obstante. And, Mr Speaker, the Last Parliament may be a Warning unto us, when the like Bill was by us Preferred; and the same not only Rejected, but also, Her Majesty commanded the Lord-Keeper to tell us, That She hoped hereafter, we would not meddle in Cases of this Nature, so nearly touching Her Prerogative.
Mr. Martin said; 'I agree with him, who said, Learning should have her Reward: But I say more, Our Souls should have their Spiritual Food. And I do wish, that Divines may have Promotion, not only with good Convenience, but also with good Abundance.
'Though I be Zealous, yet I hope to Refrain and Restrain my self from that Heat, which the Heat of my Zeal, and Love of my Country, drave me into very lately; for which, I do not only acknowledge my self Guilty in your Censures; but also crave Pardon of every particular Member of this House, that heard me: But most especially, of him I offended.—So he spake to the Bill. Vide, His Words spoken in Heat to the Bill of Exeter, Novemb. 10.
Sir Francis Hastings stood up, and said; 'My Masters, I utterly mislike this strange kind of Course, in the House. It is the Antient Usage, that every Man here should speak his Conscience; and that both Freely, and with Attention: Yea, though he speaks never so Absurdly. I beseech you therefore, that this Way may be amended, and this Troubling of any Man in his Speech, no more used.
'But to the Matter: Mr. Speaker, I protest, that which I shall Speak, I will Utter unto you All, out of the Conscience of a Christian, Loyalty of a Subject, and Heart of an EnglishMan. I know, that Distributio Parochiarum est ex Jure Humano non Divino: But he that said so, must give me Leave to tell him, That Distributio verbi Divini est ex Jure Divino & Humano. If then by the Distributing and Severing of Benefices to divers Learned Men, the Word may be the better Distributed, and Preached, (as God be thanked, it hath been these Forty Three Years, under Her Majesty's happy Government; the Period of whose Dayes, I beseech the Almighty, may be Prolonged) I see no reason, why we should doubt of the Goodness of this Bill, or make any question of the Committing thereof.
Mr. Roger Owen said, (after particular Answers to divers particular Objections, made by the Doctors) That a Statute was but Privato Communis Juris; and this Act will be made no Innovation, because it Repeals only the Proviso, and not the Body. And whereas it was said by a Doctor, That Honos alit Artes, (and much more to that Purpose:) And, If you take away the Honour and Reward, then you take away the Study it self.
'For Answer thereunto, I say, under Favour, Mr. Speaker, This Statute takes away no Benefices from the Clergy; but only better orders the Distribution of Benefices amongst the Clergy. For that another Doctor, alledged a Canon confirmed under the Great Seal of England: I say, under Favour, That They of the Clergy, not We of the Laiety, are bound thereby; for they are as they were by-Laws unto Them, but not unto Us.
He also asked the House, If they pleased to Sit to Morrow, being the Queens Holy-day? To which, after a little Speech, it was agreed, They should Sit after the Sermon was done at Westminster; which would be ended by Ten of the Clock: And that was affirmed, to be the Antient Course.
Tuesday, Novemb. 17.
A Bill, to prevent Perjury, and Subornation of Perjury, and to prevent unnecessary Suits in Law; the Effect of which Bill, is for Removing of Suits by Habeas Corpus, or Certiorari before one Juror Sworn, out of the petty Courts to Westminster.
I delivered this Bill (viz. Mr. Heword Townssend the Collector of this Journal) at the delivery whereof, I said: Mr. Speaker, I take every man to be bound in Conscience, to remove a little mischief from the Common-Wealth, before it take Head, and grow to a great inconveniency. This Mischief is ordinary and general, therefore though but small, yet to be considered of, and provided against. And if a Heathen Philosopher could Admonish us, Obstare principiis, I see no reason, That men Indued with Christìanity, should be, of the least hurt growing in his Country, either regardless or respectless. For which purpose, a Gentleman well experienced, having found this grief common to the poorer sort, like a good Subject, tendering all the parts of this Common-wealth, intreated me at my coming into this House this morning, to offer unto your considerations this Bill. It is Intituled An Act, &c. the Effect whereof is, &c. which if it please you to entertain with that willingness it is offerd, I doubt not but this inconvenience will be quickly Redressed. So I Offered the Bill, and prayed it might be Read.
And after a Speech made, by Sir Stephen Some, Alderman of London, it was committed, he alleadged, That by the Foundation of the Hospital, there were only One Hundred Poor maintained; and by the Gifts of other Benefactors since, One Hundred more, besides Six Hundred, which are there now in Cure of divers Diseases. And the Good that comes by this, as well as other Hospitals in London, is very apparent. For there are of Poor people, besides the certain Number of Hospitallers, the best part of Three Thousand daily in Cure.
Sir Edward Hobby said: 'I find this Bill to be put into this House, to the end that some Contention touching the Limits of the Parish next adjoyning to St. Bartholmews, may be adjusted. I am ever jealous of private Bills of this Nature, and dare not shew my self hasty in Assenting to Pass any without Commitment, left we might Infring the Liberties of some other Parish adjoyning, Therefore, I Pray it may be committed, and the Parties on both sides Called before the Committees.
A Bill, to Redress Adultery, was Offerd to the Speakers hands. The Substance of the Bill was, That if a Woman, or Man, or both were Convicted of Adultery, He should lose his Tenancy by Courtesy, and she her Tenancy in Dower; Read the first time.
Serjeant Harries stept up to this Bill, 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, they Forfeit nothing. Now, if a man be taken in Adultery he shall not be Punished, because there is nothing of what he should be Tenant by the Courtesy. But if the Woman be taken, she is to lose the Third of the Goods, or if it be in the City, by Custome, she loseth the half; which is Jus inequale, and not to be admitted in this House; Then all the House Cryed, Away with it.
Wednesday Novemb. 18.
A Bill for the Repealing of certain Statutes made 5. Edward 6. and 2. & 3. Phil. & Marie, touching the making of Cloth, and for the Reforming of Abuses in Making of Cloth, in the County of Somerset, was committed to the Committee for Cloth-workers.
The Bill for Solicitors, brought in by Mr. Jones; the Effect whereof is, That no Person whatsoever shall Solicit, other than those that will do the same without Fee or Reward; also a Proviso, that Utter-Barresters may Solicit in all Courts whatsoever; the like for Attornies; the like for them which may maintain any Suit by Law; the like for Corporations, that they may make a Sollicitor. Also a Proviso, that no Mechanick Trader may be a Sollicitor, viz. Broker, Scrivener, Miller, Smith, &c. and limited to continue to the end of the first Session of the next Parliament.
To which Sir George Moore stood up and said, This Statute forbiddeth Clothiers to use Tayntors. The first Offence Twenty Pounds; the second, Pillory, too infamous a Punish ment for so necessary a Member. It pleased the Lords of her Majesties most Honourable Privy Council, to direct their Letters to the Justices of the Peace in the Shire where I dwell, for the Suppressing of Tayntors. We sent our Warrants out to the Cloth-workers, appointing them to attend us at a certain Day and Place. Upon Examination of the matter before us, We found, by those Reasons they alleadged, that Cloth could not be made serviceable without Tayntors: And though they Taintred it never so little,it would stretch a little in breadth, & at least a quarter of a yard in length; for which small fault, being not voluntary, methinks the punishment aforesaid is too too grievous. I think it therefore fit, That the Bill be Committed. And so it was.
Mr. Francis Bacon brought in the Bill touching the Exchequer, now thus Intituled, An Act for the better observation of certain Orders, set down and Established in the Exchequer, under her Majesties Privy Seal.
At which time he said, 'Mr. Speaker, This Bill hath been deliberately and judicially considered of by the Committees, before whom Mr. Osbourn came; who (I assure you) so discreetly Demeaned himself, and so submissively referred the state of his whole Office to the Committees, and so well Answered in his own Defence, that they would not Ransack the heaps, or sound the bottom of former Offences, but only have taken away something that was superfluous and needless to the Subject.
'This Bill is both Publick and Private; Publick, because it is to do Good to the Subject; and Private, because it doth no Injustice unto the particular Officer. The Committees herein have not taxed the Officer by way of Imputation, but removed a Tax by way of Imposition.
'I will not tell you what we have taken away, either in quo titulo, or Checquer-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 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 Council were there in Sentinel, to see that Her Majesties Right might not be suppressed. If my Memory hath failed me in the delivery of the Truth of our Proceedings, and the Committee's determination; I desire those that were there 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 be delivered to the Speaker.
Mr. Dyott of the Middle-Temple said: 'Mr. Speaker, There be many Commodities in this Realm, which being publick, for the benefit of every particular Subject, are Monopolized by Patent from her Majesty, only for the Good and private Gain of one man. To remedy the Abuses of those kind of Patents, which are granted for a good Intent by her Majesty, I am, Mr. Speaker, to Offer to the Consideration of your self, and this House, An Act against Patents, purporting particular Power to be given to sundry Patentees; it hath a very long Title.
Mr. Laurence Hide, of the Middle-Temple said: 'I would only Mr. Speaker, move you to have an Act Read, containing but Twelve Lines. It is an Exposition of the Common-Law, touching these kinds of Patents, commonly called Monopolies.
A Bill for the better Observation of the Sabbath, which is framed upon the Act of 1 Eliz. the which requires an Indictment before the One Shilling can be taken or levied, for not coming to Church; which Circuit taketh away: was Read, and so committed, after much Dispute; for the House generally disliked the course of the Bill; for by that, every Husband must pay One Shilling for the Wives absence, and every Master One Shilling for his Servant's absence, &c.
But Mr. Speaker interrupted him, and said: I pray you let us name Committees, and then you may Spake. And so they went to Naming of Committees. And Mr. Secretary Cecil, a little while after, spake something in Mr. Speaker's Ear. But so soon as time and place of Commitment was named, the speaker rose without further Hearing of Mr. Downold, which he took in great disgrace, and told him, He would complain of him the next Sitting; to which the Speaker Answered not one word, but looked earnestly on him; and so the Press of People parted them.
Thursday, Novemb. 19.
A Bill for the Enabling of Edward Nevil of Burling, in the County of Kent Esq; and Sir Henry Nevil his Son and Heir apparent, to sell certain Coppy-hold Lands; Read and Committed: And Tuesday in the Afternoon, is the time appointed, for them to meet in the Court of Wards; and all the Queens Councell, and Councel on both sides are to attend; for that the Queen is in Remainder. And Sir Edward Hobby certified the House, That to his knowledge, the Queen was well pleased with this Bill.
There were returned Burgesses for Newton in Lancashire, one Mr. Langton of Lancashire, and one Mr. Richard Ashton, who was present in the House; but the said Baron, though he were returned, he was not yet come to Town, by reason he fell Sick by the way, as Mr. Ashton informed the House. But he sent up his Solicitor hither, to follow his Causes in Law, and to pay a certain Debt of his, to Mr. John Lacy of Cheapside. Now Mr. Ashton informed the House, 'That this Solicitor was Arrested on Sunday Night last, in Grays-Inn-Lane, by a Bill of Middlesex, at the Suit of one William Musket a Taylor, and carried Prisoner to Newgate. And there, after a discharge gotten, because he said he was a Servant to a Parliament Man; he was no sooner discharged, but he was strait again Arrested, and carried to the Compter, and there laid all Night, until he sent to the Serjeant at Armes, who fetched him out, and kept him in his Custody.
Mr. Brown said, 'Every Parliament-Man hath privilege for himself and Servants Fourteen Days before the Parliament, and this is, before he is returned or Sworn; much more ought we to give privilege in this Case.
Then was Musket, that procured the Arrest, brought in; and being demanded the Reason, How he durst meddle with any Mans Servant of the House? he Answered, That the said Soliciter, being demanded whether he Served any ParliamentMan? He Answered, No. Which indeed afterwards proved untrue, when they were brought Face to Face.
Then the Serjeant was brought in, who said, He was put to his Choice, whether he would tarry still at Newgate, or go to the Compter. Being further asked, whether he could say any more in his own Excuse? He said, No.
So after Consultation had, it was put to the Question, and agreed by the House, That they both should pay the Solicitors Cost and Damages, and be imprisoned three days in the Serjeants Custody. And each of them, both Musket, and the Serjeant, to Pay the Serjeant Attending this House his Fees, and the Solicitor to Pay none, and so to be Discharged.
A Bill for Confirmation of Grants made to the Queens Majesty, and of Letters-Patents made by her Majesty to others, being Ingrossed, was Read the Third time, and without Speech, or denyal Passed, only Mr. Dale of the Temple said, No.
Mr. Secretary Herbert said, According to Your Commandment, Sir Edward Stafford, and my self, went to my Lord Keeper, and delivered unto him, That Notwithstanding some Allegations, which were Alleadged on the behalf of his Lordship concerning our Resolutions, about the Warrants, whichupon mature Deliberation we found by Precedents, That they ought to go and be directed to the Clerk of the Crown.
His Lordship after a small Pause, Answered, That he now Considered the weightiness of divers Businesses that were now in hand: The Consultation which we were likely presently to have touching the Bill of Subsidy. That the Enemy, the Spaniard, was Landed in Ireland; and the business, of those Affairs of great Imports: as also his own Business in the Upper-House, and the short end which was like to be of this Parliament. And therefore, he would now not stand to make Contention, or shew his further Reasons; but prayed us, to certify you all, That he would be most ready and willing, to perform the desire of this House.
The Bill of Petty-Theft, and Patents aforesaid, were sent-up to the Lords, by Sir John Fortescue and Mr. Secretary Hubbart. The House called upon Mr. Secretary to go, but he desired to be excused, because he was troubled with a Cold.
Mr. Fettyplace a Burgess for London, spake to this Bill, and said, It is to be thought that the Netherlander having so much use for Money, is the Exporter thereof out of this Realm. The French King made it a Law, That no man on pain of Death, should Export Money thence. Germany holdeth the Standard, so doth France, and so do we. But the Netherlander only doth not, and he only thereby gained of all Three. There be good Statutes already made to this purpose, both in the time of Rich. 2. Hen. 3. Hen. 4. Hen. 5. and Hen. 6. That no Stranger should bring Commodities into this Land, but he should bring in so much Money, &c. He made a very long Speech touching the manner of Trade by Exchange, in Merchants Language, which I could not well Note. So the Bill was committed, and the Chequer-Chamber appointed the place, and Friday in the afternoon the Time.
Mr. Henry Mountague shewed, That 17. Ed. 4. such Transportation was made Felony, and never since Transportation much heard of, till this Queens Days; in whose time, none of those Laws are in force, which if they were revived, and set on Foor again, I think such kind of Transportation would be less used than it is.
Mr. Davis said, "Mr. Speaker, I hold this Paradox for a true ground of Policy, That if there were no Money in the world, then this Kingdom were the happiest Nation in the World. And the best Age was, when there was only bartering of Commodities; For one yard of Cloath would be better than three yards of Velvet. And an Ounce of Iron, for the Use of man, better than a Pound of Gold. A Bushel of Corn, better than ten Bushels of Pepper or other Grain. The fundamental Cause of this Bill was, That we might not be Cozened of our Moneys, who have the best Standard in the world: For now the Exchange is Governd by Brokers; and as it pleases them, the Exchange must Rise and Fall. So the Bill was Committed.
A Bill for the Relief of Theophilus Adams, touching certain obligations reputed to be made void by the Statute of 39. Eliz. intituled, An Act, &c. Some say, this Bill was cast out of the House the last Parliament.
Fryday Novemb. 20.
Sir Francis Darcy brought this Bill in after Commitment, and said, 'Mr. Speaker, Me thought I heard a strange Voice at the Committing of this Bill. I hope after these Amendments, it will have better success at the Passing, than that Voice did presage; but most especially of us that are the Mouths of the most Grave, and Religious Commons of this Realm: by this Bill every Husband must pay for the willful absence of his Wife, and Children above Twelve years of Age, and Servants: There is a new Proviso for having Service at home.
Sir Edw. Hobby said: 'I think this Statute is an implicative Exposition of the Stat. 23. Eliz. by which every Recusant is to pay 20l. to the Queen, a month, for wilful absence from the Church; and it hath been a doubt, whether they shall pay so much for their Wives. Now, this Statute doth not Explain that point, but only that they must pay One Shilling for their Wives, &c. and therefore I doubt some matter of Secret is in this Statute, which is not yet known.
Sir George Moore said: 'The old Statute of 23. Reginæ saith, That every person that hath Goods shall pay; but the Wife hath no Goods, therefore she shall not pay: And for any matter of Secret in this Bill, I protest, I know none; and therefore I think it needeth no new Constructions.
Mr. Francis Moore said: 'Mr. Speaker, I think the Bill intendeth not to bring any that be ill-Affected within danger of this Law, or any that be within the Statute of 23. Reginæ, but only to punish those with the Penalty of One Shilling, which though they be well addicted, yet they be negligent. For my own part, I do so much desire the Furtherance and good Success of this Bill, or any of the like Nature, that he that deth not the like, I would he had neither Heart to think, nor Tongue to speak.
Mr. Martin said: 'I do Mr. Speaker, as much favour this Bill, as any man doth; but I would but Move one Question to the House, in which I desire to be Resolved: That is, if they that pay their Twenty Pound a month to the Queen, shall pay also their Twelve Pence a Week by force of this Statute: For my part, as the Law it self will not tolerate two Remedies for one Inconvenience; So I can never agree, in Conscience, to consent to a double Remedy for one Offence.
Sir William Wray, 'To the Question that was propounded. However the Bill now standeth, this I can affirm to the House, That the Intent of the Committee was, That those Recusants that are able to pay their Twenty Pound, should not pay this Penalty; but that it should be only inflicted on the Poorer Sort.
Dr. Bennet said: 'Mr. Speaker, Though I had no Meaning to speak, yet I will now speak to the Objection that was last made. This Law gives Life to that Statute, 1 Eliz. which by reason of by Ambages Indictment, and otherwise, never almost had his due Execution: And a Law without Execution, is like a Bell without a Clapper; for as the Bell gives no Sound, so the Law doth no Good.
'There are, Mr. Speaker, in the County where I am, Twelve or Thirteen Hundred Recusants; most of which, this Law which we have now in hand would constrain to come to Church: I mean only those of the Poorer Sort. It is a Duty in Christianity, for the Father to look to his Child, and for the Master to look to his Servant; which because it hath grown Cold, this Law will Quicken and Revive: For Punishment will make them do that by Constraint, which they ought to do in regard of Religion.
Sir Robert Cross said: I would move but one Question; If a Man be in the Queen's Wars, Must he pay for the Absence of his wife, Children, and Family? This indeed is a Fault in the Bill. So if a Man be absent from Home, as at London about his Law-Suits, &c.
Mr. Carew said: Mr. Speaker, I will not speak against the Body of the Bill; only, I mislike one thing in it; and that is, That Justices of the Peace should have this Authority. They have enough already to do; and therefore, no reason they should meddle in Ecclesiastical Causes. I think rather, it were fit to be Committed into the Hands of the Parson of the Parish: For it is no Policy, that Justices of the Peace should have such Power over their Neighbours.
Mr. Browne said: Mr. Speaker, There is one Thing would be looked into in this Bill, which cannot now be remedied; and that is: If the Church-Wardens shall secretly keep a Kalendar; and so, where he should gather Twelve Pence for the Poor, perhaps, will take Four Pence for himself, and dispense with the rest.
One Mr. William Morris, Burgess for Bewmorris, informed the House: That as he was coming up to London, on his way his Man was Arrested at Shrewsbury: whereupon, he told the Serjeant, That he was of the Parliament-House; and therefore wished him to Discharge his Servant. The Serjeant said, He could not Discharge him; but he would go to the Bayliff with him: To whom, when he came, he likewise declared, He was of the ParliamentHouse; and therefore, required his Servant. To whom the Bayliff answered, He could not Discharge him, without the Consent of him that procured the Arrest. To whom he also went; and he answered the Serjeant and him: Keep him fast; I will not Release him, until I be satisfied. Then he told the Creditor, That he was of the Parliament-House; and therefore, his Servant was Privileged. whereunto the Creditor made this Answer: I care not for that; keep him fast, I will be your Warrant. I thought good to move the House herein, referring it to your Consideration. And because I am willing, that the Privileges of this House may be known as well afar off, as here at hand, I thought good to move the same.
Mr. Francis Moore said: Mr. Speaker, Methinks this Action is very Scandalous to the whole House; and because it is a Cause both Extraordinary and Contemptible, in my Opinion, it deserves a most severe Exmplary Punishment.
Mr. Speaker said: Is it your Pleasure, the Bayliff, and he that procured the Arrest, and the Serjeant, shall be sent for? And all cryed, Yea. Then the Speaker said: The Serjeant must go down to Shrewsbury: And all cryed, Yea.
At last, Mr. Lawrence Hide said: To end this Controversie, because the Time is very short, I would move the House, to have a very short Bill read; Entituled, An Act of Explanation of the Common-Law, in certain Cases of Letters-Patents. And all the House cryed, I, I, I.
Mr. Spicer, Burgess for Warwick, stood up, and said: 'Mr. Speaker, This Assembly may be said to be Libera Gens; and therefore, I hope, here is both Libera Mens, and Libera Lingua. Therefore, Freely and Faithfully, that which I know I will speak to this Honourable House.
'This Bill may touch the Prerogative Royal; which, as I learned the Last Parliament, is so Transcendant, that the Eye of the Subject may not Aspire thereunto. Far be it therefore from me, that the State, and Prerogative-Royal of the Prince should be tyed by me, or the Act of any other Subject.
'First, Let us consider the word Monopoly, what it is; Monos is Unus, and Polis, Civitas: So then, the Meaning of the Word is; A Restraint of any thing Publick, in a City, or Common-Wealth, to a Private Use. And the User called a Monopolitan; quasi, cujus privatum lucrum est urbis, & orbis Commune Malum. And we may well term this Man, The Whirlpool of the Princes Profits.
'Every Man hath Three especial Friends, his Goods, his Kinsfolk, and his Good Name: These Men may have the Two First, but not the Last. If I were acquainted with any of them, I would wish them to lose some Goods, to gain a Good Name. They are Insidiosa, quia dulcia: They are dolosa, quia dubia. I speak not, Mr. Speaker, either Repining at her Majesty's Prerogative, or misliking the Reasons of her Grants; but out of Grief of Heart, to see the Town wherein I Serve, pestered, and continually vexed with the Substitutes, or Vicegerents of these Monopolitans; who are ever ill disposed, and ill affected Members.
'I beseech you, give me Leave to prove this unto you by this Argument; Whosoever transgresseth the Royal Commission of Her Majesty, being granted upon good and profitable Suggestions, and also abuseth the Authority and Warrant of Her Majesty's Privy-Councel, being granted unto him for the more Favourable Execution of his Patent; this Man is an evil disposed, and dangerous Subject. But that this is true, and hath been done by one Person, a Substitute of a Patentee, I will prove unto you.
'The Substitutes of the Patentees for Aqua-Vitæ, and Vinegar, came not long since to the Town where I Serve; and pre sently staid Sale of both these Commodities; unless the Sellers would compound with them, they must presently to CouncelTable. My self, though Ignorant, yet not so Unskilful, by reason of my Profession, viewed their Patent, to see whether their Proceedings were according to their Authority, and found they exceeded it in Three Points. For, where the Patent gives Six Months Liberty to the Subject that hath any Aqua-Vitæ, to sell the same, this Person comes down within Two Months, and takes Bond of them to his own Use; where he ought to bring them before a Justice of Peace, and they there be bound in Recognizance; and after, to be returned into the Exchequer. And so, by Usurpation, retaineth Power in his own Hands, both to Kill and Save. Thus Her Majesty's Commission being transgressed, both in Zeal, as a Subject, and Sworn-Servant to Her Majesty, I hold my self bound in Duty, to certifie the House thereof. And also, this Substitute stands Indicted, as an Obstinate Recusant: Yea, when Her Majestys Name hath been spoken of, and Her Self prayed for, he hath refused to stir Hat or Lip.
'Mr. Francis Bacon said: The Gentleman that last spake, tossed so for, and against the Bill, that for my own Part, not well hearing him, I did not well understand him. I confess the Bill, as it is, is but in few Words; but yet Ponderous and Weighty.
'For the Prerogative-Royal of the Prince: For my own Part, I ever allowed of it; and it is such, as I hope I shall never see discussed. The Queen, as She is our Sovereign, hath both an Inlarging and Restraining Liberty of Her Prerogative; that is, She hath Power by Her Patents, to set at liberty Things restrained, by Statute-Law, or otherwise: And by Her Prerogative, She may restrain Things that are at Liberty.
'For the Second: If any Man, out of his own Wit, Industry, or Endeavour, find out any thing Beneficial for the CommonWealth, or bring any New Invention, which every Subject of this Realm may use; yet in regard of his Pains, Travel and Charge therein, Her Majesty is pleased (perhaps) to grant him a Privilege, to use the same only by himself, or his Deputies, for a certain time: This is one kind of Monopoly. Sometimes, there is a Glut of Things, when they be in Excessive Quantities, as of Corn; and perhaps, Her Majesty gives License to one Man, of Transportation: This is another kind of Monopoly. Sometimes there is a Scarcity, or small Quantity; and the like is granted also.
'These, and divers of this Nature, have been in Tryal, both in the Common-Pleas, upon Actions of Trespass; where, if the Judges do find the Privilege good for the Common-Wealth, they will Allow it, otherwise Disallow it. And also, I know, That Her Majesty Her self, hath given command to her Attorney-General, to bring divers of them (since the Last Parliament) to Tryal in the Exchecquer. Since which, Fifteen or Sixteen, to my Knowledge, have been Repealed: Some upon Her Majesty's own Express Command, upon Complaint made unto Her by Petition; and some by Quo Warranto, in the Exchecquer.
'But, Mr. Speaker, (said he, pointing to the Bill) This is no Stranger in this Place; but a Stranger in this Vestment. The Use hath been ever, by Petition to Humble our selves to Her Majesty, and by Petition to desire to have our Grievances redressed; especially, when the Remedy toucheth Her so nigh in Prerogative. All cannot be done at once; neither was it possible, since the Last Parliament, to repeal All. If Her Majesty makes a Patent, or a Monopoly, to any of Her Servants; That we must go and cry out against: But if She grants it to a Number of Burgesses, or Corporation, that must stand; and that, forsooth, is no Monopoly.
'I say, and I say again, That we ought not to deal or meddle with, or judge of Her Majesty's Prerogative. I wish every Man therefore, to be careful in this Point: And humbly pray this House, to testifie with me, That I have discharged my Duty, in respect of my Place, in speaking on Her Majesty's Behalf; and do protest, I have delivered my Conscience, in saying what I have said.
Doctor Bennet said: 'He that will go about to debate Her Majesty's Prerogative Royal, must walk warily. In respect of a Grievance out of that City for which I Serve, 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 Rawleigh Blush'd) Dice, Starch, &c. they are, (because Monopolies) I must confess, very Hateful, though not so Hurtful. I know, there is a great Difference in them: And I think, if the Abuse in this Monopoly of Salt were Particularized, this would walk in the Fore-Rank.
'Mr. Laurence Hide said: '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 in Prejudice or Deroga tion of Her Majesty's Prerogative Royal, and the State. But because ye shall know this Course is no new Invention, but long since digested in the Dayes of our Fore-Fathers, above Three Hundred Years ago; I will offer to your Considerations, one Precedent in the 50 Ed. 3. At which time, one John Peache was Arreigned at this Bar, for that he had obtained of the King a Monopoly for Sweet wines: The Patent, after great Advice and Dispute, adjudged Voyd; and before his Face, in open Parliament, Cancelld; because he had Exacted Three Shillings and Four Pence, upon every Tun of wine: himself adjudged to Prison, until he had made Restitution of all that he ever had Received; and not to be Delivered, till after a Fine of Five Hundred Pounds paid to the King.
'This is a Precedent worthy Observation; but I dare not presume to say, worthy the Following. And, Mr. Speaker, as I think it no Derogation to the Omnipotency of God, to say, He can do ill; so I think it no Derogation to the Person or Majesty of the Queen, to say so: Yet, because Two Eyes may see more than One, I humbly pray, That there may be a Commitment had of this Bill, lest some thing may be therein, which may prove the Bane and Overthrow thereof, at the Time of the Passing.
'Mr. Serjeant Harries said: 'Mr. Speaker, For ought I see, the House meanech to have this Bill in the Nature of a Petition: It must then begin with more Humility. And truly, Sir, the Bill is Good of it self; but the Penning thereof, 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 only note but thus much unto you, That the Last Parliament we proceeded by way of Petition, which had no successful Effect.
Mr. Francis Moore said: 'Mr. Speaker, I know the Queen's Prerogative is a Thing curious to be dealt withal; yet all Grievances are not comparcable. I cannot utter with my Tongue, or conceive with my Heart, the great Grievances that the Town and Country for which I Serve, suffer by some of these Monopolies: It bringeth the General Profit into a Private Hand; and the End of all, is Beggary and Bondage to the Subject. We have a Law for the true and Faithful Currying of Leather: There is a Patent that sets all at Liberty, notwithstanding the 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 Humility, Mr. Speaker, I do speak it; There is no Act of Hers that hath been, or is more Derogatory to Her own Majesty, or more Odious to the Subject, or more Dangerous to the Common-Wealth, than the Granting of these Monopolies.
Mr. Martin said: 'I speak for a Town that grieves and pines, and for a Country that groaneth under the Burthen of Monstrous and Unconscionable Substitutes, to the Monopolitans of Starch, Tynn, Fish, Cloth, Oyl, Vinegar, Salt, and I know not what; nay, What not?
'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 Estate of my Town and Country. The Traffick is taken away by Wars; the Inward and Private Commodities dare not be used, without License of those 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 Soyl, 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 labour'd for, shall be taken from Us by Warrant of Supreme Authority, which the poor Subject dares not gain-say?
Sir George Moore said; 'I make no Question, but that this Bill offereth Good Matter; and I do wish, that the Matter may in some other sort be Prosecuted, and the Bill Rejected. Many Grievances have been laid open, touching the Monopoly of Salt; but if you had added thereunto Peter, then you 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 is our Case; the Head gives Power to the Hand, 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, shoud we thus Talk? Admit we should make the Statute with a non Obstante; yet the Queen may grant a Patent with a non Obstante, to cross this non Obstante.
Mr. Wingfeild said: 'I would but put the House in mind of the Proceedings we had in this Matter, the Last Parliament: In the End whereof, our Speaker moved Her Majesty by way of Petition, That the Grief touching these Monopolies might be Respected, and the Grievance coming of them might be Redressed. Her Majesty answered by the Lord-Keeper: That She would take care of these Monopolies; and our Griefs should be Redressed: If not, She would give us free Liberty to Proceed, in making a Law the next Parliament.
'The Wound, Mr. Speaker, is still Bleeding; and we grieve under the Sore, and are 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 Happyness both unto It, and Her Majesty. I am indifferent, touching our Proceedings, whether by Bill or Petition; because that therein our Grievance may follow, whereby Her Majesty may specially understand them.
Sir Walter Rawleigh 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 and Slander to be offered unto Her Majesty: I mean, by the Gentleman that first mentioned Tynn, (which was Mr. Martin): For That being one of the Principal Commodities of this Kingdom, and being in Cornwal, it hath ever (so long as there were any) belonged to the Dukes of Cornwal; and they had special Patents of Privilege. It hath pleased Her Majesty, freely to bestow on Me that Privilege, and that Patent; being word for word, the very same the Duke's is. And because, by reason of my Office of Lord-Warden of the Stannaries, I can sufficiently inform this House of the State thereof, I will make bold to deliver it unto you.
'When the Tynn is taken out of the Mine, and Molten and Refined, then is every Piece containing a Hundred Weight, sealed with the Duke's Seal. And by reason of this Privilege, (which I now have) he ever had the Refusal in Buying thereof, for the words of the Patent are, Nisi nos emere voluimus. Now I will tell you, That before the granting of my Patent whether Tynn were but at Seventeen Shillings, and so upward to Fifty Shillings a Hundred, yet the poor Workman never had but Two Shillings a week, finding himself. But since my Patent, whosoever will work, be Tynn 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 a like Sense or Judgement, neither is every mans memory alike. I wish that if any Gentleman that speaks of this, or any other Subject as curious, shall let fall any word amiss or unpleasing, that it may be Attributed rather to earnestness, than want of Duty.
If we proceed by way of Petition, we can have no more gratious Answer, than we had the last Parliament to our Petitions. Since the Parliament, we have had no Reformation. And the Reason why I think no Reformation hath been had, is, because I never heard the Cries against Monopolies greater, and more vehement.
Mr. Johnson said, Mr. Speaker, I will be very short; I say only thus much, I would we were all so happy, That Her Majesties Gratious 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 these Monopolies called in, than She would be earnest therein her self.