November 16th - 20th
Monday, Novemb. 16.
On Monday, Novemb. 16. A Bill for the Enabling of Edward
Moluneux Esquire, to sell Lands, for Payment of his Debts.
A Bill for the Strengthening of Her Majestys Forces, in the
North-Parts of the Realm; and especially, for the County of
A Bill for the Confirmation of the Charters of King Edward
the Sixth, made for the Hospitals of St. Bartholomew's-Bridewel,
and St. Thomas in London.
A Bill for the Putting-down, and Abolishing of certain Idle
Courts, kept every Three Weeks by Arch-Deacons, and their
Officials, and Commissaries, and Registers.
Mr. Henry Doyley of Lincolns-Inn, made a Motion, and said;
Mr. Doyley complains of a Libel, called, The Assembly of Fools.
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.
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
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.
The Libel scanned, and found to be an old foolish Toy, called, Jack of Dover; for which the Informer was Laugh'd at.
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.
Whereupon, Mr. Speaker asked, If they would have Mr. Davies, and his Man called in? And all cryed, No, No. Then, If
they should be Discharged? And all cryed, Yea, Yea.
A Bill for Reformation of Abuses in Buying and Selling of
Spices, and other Merchandize.
An Act against Pluralities of Benefices.
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. Dunn opposes it.
Dr. Dunn Spake against this Bill, and said; That it was no
Reason, that Men of Unequal Desert, should be Equally Beneficed, or
Equallized with the Best.
Dr. Crompton seconds him.
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 for the Bill.
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 seconds him.
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 against it.
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. Walterhouse for the Bill.
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
Serj. Harries gives the House a Caution, not to meddle in it.
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
'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.
An old Doctor speaks so Low, and so Long, the House Hawk and Spit, to make him end.
After him, an Old Doctor of the Civil-Law spake; but because he spake too Long, and too Low, the House Hawked and
Spit, to make him make an End. Which Speech finished,
Sir Francis Hastings dislikes their Noise, and moves against it.
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.
He speaks to the Bill.
'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
'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
The Bill Committed.
Then the Speaker stood up, and put it to the Question for
Commitment; and it was Committed.
He also asked the House, If they pleased to Sit to Morrow, being the Queens Holy-day? To which, after a little Speech, it
was agreed, They should Sit 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.
On Tuesday, Novemb. 17. A Bill was read for the Enabling
of Edward Nevill, of Berling, in the County of Kent Esq; and Sir
Edward Nevil his Son and Heir apparent, to Sell certain Coppy-hold Lands.
A Bill for the true payment of Tythes to the Parsons, and
Vicars of all Parishes within the Walls of the City of Norwich.
An Act against the unlawful Hunting and Stealing of Deer
in the Night time.
Bill to prevent Perjury and subornation, &c.
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.
A Bill for the Confirmation of Letters Pattents, made by King
Edward the sixth, to Sir Edward Seymor Knight.
A Bill about St. Bartholomew Hospital.
A Bill, for strengthing an Act made by King Henry 8. for
the maintenance of the Poor in St. Bartholomews, London, according to a Covenant made by the said King, was Read the second
Sir Stephen Some speaks to it.
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's consideration about the same.
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 against Adultery.
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
Serjeant Harris Objects.
The House rejects it.
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.
Then the Speaker put it to the Question, Whether it should
be Read the second time? And the House gave a very great
Wednesday Novemb. 18.
On Wednesday Novemb. 18. The Bill concerning Cloth-workers, was Committed, and the time of Meeting appointed, on
Munday next in the afternoon, in the Middle-Temple-Hall.
The Bill for Reforming the Abuses in Silk-Weavers.
A Bill for Reforming Abuses in Embroderers.
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.
A Bill about Solicitors.
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.
A Bill against Traintoring of Cloth.
A Bill against Trifling Suits, brought in by Mr. Boyse.
The Bill touching Confirmation of Patents, brought in by Mr.
Sir George Moor opposes the too great punishment, and desires it may be Committed.
A Bill for Reformation of Abuses in making of Cloth,
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
Mr. Fr. Bacons Bill touching orders in the Exchequer.
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.
His Speech concerning it.
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.
'Though the Committee have reformed some part, yet they
have not Eyed so nearly 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 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
A Bill against idle and lewd persons.
A Bill to prevent divers Misdemeanors, in idle and lewd
Persons; being Ingrossed, it was put to the Question and Passed.
Mr. Dyott moves against Patentees.
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
Mr. Lau. Hide moves against them too.
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.
Bill penal for Observing the Sabbath.
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.
Mr. Dyot, shews the inconveniency in the penalty
Mr. Dyott stood up and said: 'Every Man can tame a Shrew
but he that hath her: perhaps she will not come; and for
her willfulness, no reason the Husband should be Punished.
Mr. Downold going to speak about it, is interrupted by the Speaker.
So, as they were naming Committees, Mr. Downold the LordKeeper's Secretary, stood up; and desired, That the Bill Mr. Hide
called for, might be Read: and was saying somewhat more.
Who rises from the chair and would not hear him.
At which he threatens him.
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.
But the Speaker reply'd not a word.
Thursday, Novemb. 19.
On Thursday, Novemb. 19. An Act, For the Confirmation
of the Authority of the Mayor of London, in Saint Katharines.
A Bill for the discovery of the Stealers of Cattle.
A Bill Limiting what Persons shall Die, or retail WoollenCloth.
A Bill against Gavel-kind-Land in Kent.
A Bill for the Explanation of the Statutes of 13. and 18.
Eliz. against Bonds, Courts, or Leases of Ecclesiastical Livings.
A Bill for Explanation of a Statute of 32. Hen. 8. of Limitation of prescription; Read the first time.
A Bill against Blasphemous Swearing.
A Bill for Explanation of the Common-Law, in certain cases
of Letters-Patents; brought in by Mr. Hide.
A Bill for the Denization of certain Persons: viz. of Joseph
Lupo, one of the Queen's Physitians: Thomas Moxon, Richard
Bye, Son of William Bye, and Margery his Wife; and Mary Questor.
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
A Complaint of an Arrest of a Solicitor belonging to a Member that was not yet Sworn.
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. Moore makes a Doubt, Whether he could have Privilege.
And now this Day at the Bar, he desired the privilege of
the House, he being a special Servant to a Member thereof: so
after, he was removed out.
Mr. Francis Moore said, 'I think it will grow a Question,
Whether he shall have privilege, in that his Master is not
Sworn, nor here.
Nota, Mr. Browne pleads, he had, as all others, Fourteen days, before the Meeting or Swearing of the House.
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.
Where Note, The Members then claimed but Fourteen Days before a session which is now reckned Forty Days.
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 the Solicitor was brought in; who justified, that he was
first Arrested, and after Discharged, and then the second time
Arrested as aforesaid. So they were both removed out of the
Sir Edward Hobby took hold of the Speech made by the Serjeant, of his Choice to stay in Newgate, or to go to the Compter; as also, that he was doubly Arrested, and paid double
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.
Secretary Herbert's Report from the Lord-Keeper.
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.
The Keeper's Reply to him, &c.
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.
A Bill to prevent Transporting of Bulloin.
A Bill to restrain the Transportation of Money out of the
Realm, and to Reform certain Abuses in the Exchanges, was
Mr. Fettyplace speaks to that Bill.
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. Mountague for the Bill.
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.
One of the Burgesses of Yarmouth Moved, All Officers of Ports
might be certified of such Goods as be Exported, and the Skipper
bound in Bond, to be sent to her Majesties Custom House, &c.
Mr. Davies about Money and Barture in Trade.
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.
The Bill, for Setting of Watches, was Read and Committed;
the Place of meeting appointed the Court of Wards, and Tuesday next in the afternoon the Time.
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.
On Fryday Novemb. 20. An Act for the Assurance of the Jointure of Lucy Countess of Bedford.
A Bill Prohibiting Fairs to be held on Sunday, by which the
Statute of Hen. 6. cap. is repealed.
A Bill about the Wilful Abstaining from Church.
A Bill against wilful absence from Church on Sundays, was
For which Sir Francis Darcy pleads.
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
Sir Edward Hobby's Reflection on it.
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 to the same Bill.
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 to the same.
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 against it, upon good Consideration.
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 Explains it.
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
Dr. Bennet's Observation.
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
Sir Robert Cross's Objections.
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's Objections.
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. Brown's Objection.
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.
The Bill rejected by 3. Voices.
So, after long Dispute, it was put to the Question; and the
House divided: The I, I, I, were 137. and the Noes, 140. So
the Bill was Rejected but by Three Voices only.
One Mr. William Morris, Burgess for Bewmorris, informed the
House: That as he was coming up to London, on his way his Man
was Arrested at Shrewsbury: whereupon, he told the Serjeant,
That he was of the Parliament-House; and therefore wished him
to Discharge his Servant. The Serjeant said, He could not Discharge him; but he would go to the Bayliff with him: To
whom, when he came, he likewise declared, He was of the 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
Mr. Francis Moore said: Mr. Speaker, Methinks this Action is
very Scandalous to the whole House; and because it is a Cause
both Extraordinary and Contemptible, in my Opinion, it deserves a
most severe Exmplary Punishment.
Whereupon all the House cryed, To the Tower, to the Tower with them! Send for them, send for them!
Mr. Speaker said: Is it your Pleasure, the Bayliff, and he that
procured the Arrest, and the Serjeant, shall be sent for? And all
cryed, Yea. Then the Speaker said: The Serjeant must go down
to Shrewsbury: And all cryed, Yea.
The Speaker gave the Clerk a Bill to read. And the House
called for the Checquer-Bill: Some said, Yea; and some said,
No; and a great Noise there was.
A Bill about Patents, and Monopolies.
At last, Mr. Lawrence Hide said: To end this Controversie, because the Time is very short, I would move the House, to have a
very short Bill read; Entituled, An Act of Explanation of the
Common-Law, in certain Cases of Letters-Patents. And all
the House cryed, I, I, I.
So, after it was read, the Question was to be Propounded for
the Committing of it; and some cryed Commit it, some Ingross it: At length,
Mr. Spicer, gives a caution against it: And then goes on to Consider it, and shews the great Grievance of Monopolitans.
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 Major needs not be proved, the Minor I will thus prove:
My self am Occulatus Testis of this Minor; Et talis testis plus valet existens unus, quam auriti decem.
'The Substitutes of the Patentees for Aqua-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.
'My humble Motion therefore is, That we may use some Caution, or Circumspective Care, to prevent this ensuing Mischief.
Mr. Bacon to the same Bill, against it.
'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
'For the Prerogative-Royal of the Prince: For my own Part,
I ever allowed of it; and it is such, as I hope I shall never
see discussed. The Queen, as She is our Sovereign, hath both
an Inlarging and Restraining Liberty of Her Prerogative; that
is, She hath Power by Her Patents, to set at liberty Things
restrained, by Statute-Law, or otherwise: And by Her Prerogative, She may restrain Things that are at Liberty.
'For the First: She may grant non Obstantes, contrary to the
Penal Laws; which truly, in my own Conscience, are as hateful to the Subject, as Monopolies.
'For the Second: If any Man, out of his own Wit, Industry,
or Endeavour, find out any thing Beneficial for the 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.
Dr. Bennet against the Monopoly for Salt.
Sir Wal. Rawleigh Blushes.
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.
'Now, seeing we are come to the Means of Redress, let us
see it be so Mannerly and Handsomely handled, that after a
Commitment, it may have good Passage.
Mr. Laurence Hide to the same Bill.
'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.
A notable Precedent.
'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 for the Bill.
'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.
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 against 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?
'The Principal Commodities both of my Town and Country, are ingrossed into the Hands of these Blood-Suckers of
'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.
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
'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
'I think therefore, That it agreeth more with the Wisdom
and Gravity of this House, to proceed with all Humbleness, rather by Petition, than Bill.
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.
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
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.
This Speech proceeded in respect of Sir Walter Rawleigh's
Sharp Speech; as also of the great Silence after it.
Mr. Snigg wisht a Commitment to Devise a Course.
Sir Robert Wroth wished a Commitment, in which a Course
might be devised, how Her Majesty might know our Special
Mr. Downall's Proposal.
Mr. Downall said, As I would be no let, or over vehement in any
thing, so I am not sottish or senceless of the common Grievances of
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's Wish, and good Opinion of the Queen.
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.
Agreed to be Committed.
So it was put to the Question, When the Commitment
should be? And agreed, to morrow in the afternoon, in this