proceed with all Humbleness rather by Petition than Bill Mr. Wingfeild said Mr. Wingfeild 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 by Her Majesty may specially understand them Sir Walter Rawleigh said I am urged to Speak in two Respects Sir Walter Rawleigh The one because I find my self touched in Particular the other in that I take some Imputation and Slander to be offer'd 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 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 Griefs Mr. Downall said Mr. Downall's Proposal As I would be no let or over vehement in any thing so I am not sottish or senceless of the common Grievances of the Common-wealth 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. Johnson's With and good Opinion of the Queen 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 So it was put to the Question Agreed to be Committed When the Commitment should be And agreed to morrow in the afternoon in this House On Saturday Novemb. 21. A Bill for Explanation of the Statute made 21 Hen. 8. Cap. _____ touching Loading and Unloading of Merchandize the first time Read A Bill for the Reducing of those which be Brewers within the City of London and Suburbs thereof and within Two Miles Compass of the same into the said Company of the said City A Bill to Enable Sir Anthony Maney Knight and Anthony Maney Esquire his Son to make Sale of certain Lands of John Maney his Father Deceased Read the first time A Bill for Levying of Fines with Proclamation of Lands within the County of the City of Chester put in the Sixteenth of November 1601. The Substance of the Bill is That Fines Levied before the Mayor at the Portmoot-Court should be Available and the Conusors of Fines may take by Dedimus potestat Vide 2 Edvardi 6. Cap. _____ and 21 Hen. 7. Cap. _____ A Bill for Fines with Proclamation within the County of Chester Mr. Wingfeild brought in the Bill for Dreined Grounds Sir Edward Hobby said A Gentleman a Good Member of this House Sir John Gray was Served with a Subpoena in Chancery Ad Respondendum 30 Nov. ad sectam Roberti Atkins If no Order be taken herein I think for my own Part both the House and the Privileges thereof will grow in Contempt I wish that the Serjeant may be sent for the Party and that some Exemplary Punishment may be inflicted Mr. Doyley said Mr. Speaker We spend much time which is now Precious in Disputing of Privileges and other Matters of small Impertance For my own Part I think no time should be spent herein but that a Writ of Privilege may be Granted Mr. Johnson said Mr. Speaker Our own Lenity is the Cause of this Contempt And until some special Punishment be Inflicted it will not be otherwise Mr. Francis Moore brought in the Bill touching Sir Francis Seymor Knight A Bill to avoyd the deceitful Stretching or Tentoring of Woollen Cloths Committed to the former Committees of Woollen Cloths Sir Edward Seymor's Bill was put to the Question and Ordered to be Ingrossed A Bill for the Erecting and making an Harbour or Key on the North-part of Devon in the mouth of the River Severn was read Mr. Zacharias Locke said Mr. Speaker I am not against this Bill
of this Realm for the due inquiry and certificate of the misdemeanors of Purveyors in all places and of some courses thereupon to be had for convenient redress in the same And that before any order could well be taken for accomplishing that good intended effect the Spaniard upon a sudden attempt d the Invasion of this Realm by reason whereof her Majesty said the said purpose was not performed And further shewing that her Majesty having as much skill will and power to rule and govern her own Houshold as any Subject whatsoever to rule and govern theirs without the help or aid of their Neighbours so her Majesty intends being very careful of her own more great love and affection towards her dutiful and loving Subjects whose most faithful and approved good love and fidelity towards her she more esteemeth than all the Treasures of the world besides very shortly to cause a Collection to be made of all the Laws already in force touching Puveyors and also all the Constitutions of her Highness's Houshold in that case and thereupon by the advice of her Judges and learned Counsel to set down such a formal Plot for the said Redress yea and that before the end of this present Sessions as shall be as good and better for the ease of the Subjects than that this House had attempted without her privity and in which they would have bereaved her Majesty of the Honour Glory and Commendation of the same And touching the Exchequer she said it was her Chamber and so more neer unto her than the Houshold And that in the tenth year of her Reign her Majesty had caused certain Orders and Constitutions to be set down for the due and fit course of such things in the said Court as her Subjects seem to be grieved for March 9. Sunday On Munday March 10. two Bills had each of them one reading of which the second being concerning Writs of Covenant c. was read the third time and a Proviso for the Lord Powes and Sir Edward Herbert and their Heirs was thrice read and after many Speeches both with the Bill and against it the said Bill was dashed upon the Question On Tuesday March 11. the Bill for relief of the City of Lincoln was upon the second reading committed unto Mr. John Stubbs the Burgesses of Norwich the Burgesses of York and others who were appointed to meet to morrow at two of the clock in the afternoon in the Exchequer-chamber Sir Edward Hobby Mr. Markham Mr. Buckley and Mr. Peter Euers were added to the Committees in the Bill for the City of Lincoln and the Bill with their Names was delivered to Sir Edw. Dymmocke one of the Committees On Wednesday March 12. five Bills had each of them one reading of which Bill against Aliens and Strangers retailing of Goods the last being against Aliens and Strangers retailing of Forraign Wares was upon the second reading committed to Mr. Vicechamberlain Mr. Controuler Sir Robert Jermin Sir William Moore and others who were appointed to meet on Friday next at two of the clock in the afternoon in the Exchequer-chamber On Thursday March 13. three Bills had each of them one reading of which the last being the Bill touching Mr. Southwell was upon the second reading committed unto Mr. Secretary Woolley Mr. John Stanhopp Mr. Haydon Mr. Recorder of London and others who were appointed to meet on Saturday next at two of the clock in the afternoon in the Exchequer-chamber The Amendments in the Bill for the maintenance of Dover-Haven being opened to the House and the Bill read in such sort amended was passed upon the Question after a Proviso offered for the Cinque-Ports first refused upon a former Question On Friday March 14. three Bills had each of them a reading of which the second being for the Town of Barwick was read the second time and thereupon committed to Mr. Cromwel Mr. Grimston the Burgesses of Barwick Mr. Robert Bowes and others who were appointed to meet this afternoon at two of the clock in the Exchequer-chamber The Bill touching the Children of Aliens Denizons was upon the second reading committed to divers Committees being of this House who were appointed to meet to morrow in the afternoon in the Exchequer-chamber On Saturday March 15. three Bills had each of them one reading of which Bill against Horse-stealing the third being a Bill to prevent Horse-stealing had its first reading Also the Amendments in the Bill for the relief of the City of Lincoln being twice read and the Bill also read in such sort amended the Bill upon the Question was committed to Mr. Vicechamberlain Sir John Parrot Mr. Alford the Master of the Wardrope Sir Robert Jermin and others who were appointed to meet this present day at two of the clock in the afternoon in the Exchequer-chamber The Amendments of the Bill for relief of Curriers being twice read was upon the Question ordered to be ingrossed March 16. Sunday On Munday March 17. four Bills had each of them one reading of which the last being the Bill for pursuit of Hue and Cry was upon the second reading committed to Mr. Vicechamberlain Mr. Sherley Mr. Harries Mr. Wroth Sir William Fleetwood Sir William Moore and others who were appointed to meet to morrow at two of the clock in the afternoon in the Exchequer-chamber The Bill for pleading at large in an Ejectione firme had its first and second reading with an Amendment twice read and upon the Question ordered to be ingrossed The Bill touching Forestallers Regrators and Ingrossers was brought in by Mr. Treasurer one of the Committees without any thing done to it or any Report made and so likewise the Bill made for Aliens Children Two other Bills had each of them one reading of which the second being a Bill to prevent Horse-stealing was read the second time On Tuesday March 18. the Bill for repeal of certain Statutes was brought again without any Report by Mr. Harries one of the Committee Two other Bills had each of them their third Reading of which the second was the Bill for the relief of Curriers and after some amendments added unto it being likewise read three times the Bill was upon the question and the division of the House dashed by the difference of thirty Voices viz. with the Yea Ninety and with the No one Hundred and twenty On Wednesday March 19. the Bill concerning the Glass-Houses and Glass-Furnaces was upon the second reading committed unto Sir William Moore Mr. George Moore Mr. Markham and others who were appointed to meet in the Exchequer-chamber this afternoon On Thursday March 20. two Bills had each of them one Reading of which the second being a Bill for the continuance and perfecting of divers Statutes upon the second Reading was committed unto Mr. Morice Mr. Hare Mr. Wroth and others who were appointed to meet in Serjeants-Inne-Hall in Fleet-street this present day at two of the clock in the afternoon On Friday March 21. Four Bills had
Committees in the Bill concerning Coopers brought in the Bill again as not dealt in by the Committee for lack of convenient time The Bill for restraint of new buildings converting of great houses into several Tenements and for restraint of Inmates and Inclosures neer unto the Cities of London and Westminster with one Amendment to the said Bill was sent up to the Lords by Mr. Treasurer Sir John Woolley and others with a Remembrance to move their Lordships for sending down of the Bill for grant of three entire Subsidies and six Fifteenths and Tenths granted by the Temporalty to the end Mr. Speaker may this afternoon present the same unto her Majesty according to the former accustomed usage of this House Mr. Serjeant Owen Mr. Atturney-General and Mr. Powle brought down from the Lords an Act entituled An Act for the Queens most gracious general and free Pardon Divers other Bills were this day read This Afternoon the Parliament was dissolved 39 Eliz. A Journal of such things as passed in the Vpper House of Parliament in the Parliament that held Anno xxxix o Eliz. Reginae and began October 24. in the same year and ended February 9. following ANno Dom. 1597. Regni Eliz. Reginae 39. die Lunae 24. Mensis Octob. Inchoatum est Parliament Westmonasterii in Domo consuet quo die Regina diversi Domini tam Spiritual quam Temporal viz. Archiepiscopus Cant. Tho. Egerton Miles Dominus Custos Magni Sigilli Dominus Burleigh Dominus Thesaurarius Angliae Marchio Winton Comes Sussex Magnus Marescall Comes Nottingham Magnus Scenescall eight other Earls one Viscount fifteen Bishops and twenty three Barons were present whose Name are particularly set down in the Journal-book Dicto 24. die Octob. viz. primo die hujus Parliamenti Oct. 24. introduct est Breve quo Archiepiscopus Ebor. praesenti Parliamento interesse summonibatur admissus est ad suum praeheminenciae sedendi locum salvo jure alieno Consimilima Brevia introduct sunt 4 Comitibus 10 Episcopis 5 Baronibus The Lord Keeper by the Queens commandment delivered to both Houses the Causes that moved her majesty to summons this Parliament The Lord Keeper's Speech THE Queens most excellent Majesty Lord Keeper's Speech my most gracious and dread Soveraign hath commanded me to declare unto you my Lords and others here present the Causes which have moved her Highness to summons this Parliament at this time which before I can express I must confess truely that the Royal presence of her Majesty the view of your Lordships and this honourable Assembly together with the consideration of the weightiness of the service and of my own weakness doth much appale me and cause me to fear Wherefore if either through fear I forget or through the many wants and imperfections which I have I fail to perform that duty which is required I do most humbly crave pardon of her Majesty and beseech your Lordships to bear with me The great Princely Care which her Highness now hath An. 1597. as heretofore she hath ever had to preserve her Kingdoms in Peace and safe from all forreign Attempts hath caused her at this present to assemble this honourable and great Council of her Realm to advise of the best and most needful means whereby to continue this her peaceable and happy Government and to withstand the malice of her mighty and implacable Enemy which hitherto by the space of many years through her provident and Princely wisdom hath been performed to the great and inestimable benefit of her Subjects as that the simplest amongst them could not but see and the wisest but admire their happiness therein the whole Realm enjoying Peace in all security when our Neighbour-Countries have been torn in pieces and tormented with cruel and bloody Wars This her Majesty is pleased to ascribe to the mighty power and infinite mercy of the Almighty And therefore it shall well become us all most thank-fully upon the knees of our hearts to acknowledge no less unto his holy Name who of his infinite goodness still preserve her Highness and send her many years more over us in all happiness to reign In this her blessed Government her Highness chief care and regard of all hath been of the honour and service of the Almighty God that true Religion might be planted and entertained in the hearts of her People through all the parts of her Realms and as well in that behalf as for the peace and benefit of her Subjects she hath from time to time established many good Laws to meet with the Disorders and to punish the offences of wicked and ungodly men that continuing in their bad ways they may not be hardened and go forward in their wickedness for Mora in peccato dat incrementum sceleri And whereas the number of the Laws already made are very great some also of them being obsolete andworn out of use others idle and vain serving to no purpose some again over-heavy and too severe for the offence others too loose and slack for the faults they are to punish and many of them so full of difficulties to be understood that they cause many controversies and much trouble amongst the Subjects You are to enter into a due consideration of the said Laws and where you finde superfluity to prune and cut off where defect to supply and were ambiguity to explain that they be not burthen-some but profitable to the Common-wealth Which being a service of importance and very needful to be required yet as nothing is to be regarded if due means be not had to withstand the malice and force of those professed Enemies which seeks the destruction of the whole State This before all and above all is to be thought of and with most endeavour and care to be provided for for in vain are Laws made and to little purpose will they serve be they never so good if such prevail as go about to make a Conquest of the Kingdom and destruction of the People Wars heretofore were wont to be made either out of Ambition to enlarge Deminions or out of Revenge to requite Injuries but this against us is not so In this the holy Religion of God is sought to be rooted out the whole Realm to be subdued and the precious life of her excellent Majesty to be taken away which hitherto by the powerful hand and great goodness of the Almighty have been preserved maugre the Devil the Pope the Spanish Tyrant and all the misohievous designes of all her Enemies Wherefore it is high time that this be looked into and that no way be left unsought nor means unused that may serve for defence thereof Her Majesty hath not spared to disburse a mass of Treasure and to sell her Land for the maintenance of her Armies by Sea and Land whereby with such small helps as from her Subjects hath been yielded she hath defended and kept safe her Dominions from all such forcible attempts as have been made which
to lie with it upon the Cape and at Lambuck to which places comes all his Ships with Riches from all places and then they may set upon all that comes Saturday March 3. there ensued some discouse touching the Priviledges of the House Sunday March 4. Munday March 5. Mr. Beale HE desired to satisfie the House Mr. Beale by reason it was conceived by the Lords the other day that upon his Motion and by the President he shewed the House was led to deny a Conference with the Lords he acknowledged he mistook the Question appointed for there being but a Conference desired by the Lords and no confirming of what they had done he thought we might and thought fit we should confer And to this end he onely shewed the President That in the ninth year of Hen. 4. the Commons having granted a Subsidy which the Lords thought too little and they agreed to a greater and would have had the Commons to confirm that they had done This the Commons thought they could not do without prejudice to their honour Wherefore he acknowledged himself mistaken in the Question and desired if any were led by him to be satisfied for that he would have been of another opinion if he had conceived the matter as it was meant Sir Robert Cecill I Desire now I may be somewhat long Sir Rob. Cecill because I must include an Answer to three Speeches Those two honourable persons which sit above the one of them declared the true state of the Question the other what was sit we should do but my Answer shall tend onely to the other Tales that followed The first was a kind of satisfaction for a former mistaking but in the same satisfaction a new mistaking was also which was by way of information casting it into the House that the Queen should seem to demand three Subsidies Now the Queen never demanded three nor one so here is a new mistaking added to the former satisfaction The second mans Motion thus far I allow that the Councels of this House be secretly kept and that nothing be reported in Malam partem but if his meaning be that we may not impart any thing that is done here unto the Queen but that all things must be kept secret from her I am altogether against it This onely I should desire what ought to be observed that nothing ought to be reported unto her in Malam partem The third mans Motion consisted upon three points The first was News the second History the third and last a Motion His News was that mens Names were given up to the Queen this was News for I heard it not before The History was a large Report of the whole progress of this matter His Motion was that we should confer with the Lords about a Subsidy but not conclude a Subsidy with them His Motion seems contrary to his meaning or else is more than ever was meant for it was never desired of us by the Lords that we should confer with them about a Subsidy Sir Walter Rawleigh HE informed the House that he thought the Division of the House the last day Sir Walter Rawleigh to grow upon the mistaking of the Question and that some had since reported to him That had the matter been resolved that onely a general Conference was desired most of them that sat would not have been against it Wherefore he desired Mr. Speaker to put it to the question Whether they should confer with the Lords generally or no without naming a Subsidy This Motion being well liked Sir Walter Rawleigh was desired by the House to repeat it again that so it might be the better heard of them all And thereupon he said That touching the aforesaid Question which had receiv'd a No upon Saturday last he would not make it a Question again for by the Order of the House he could not but propound this for a new Question in these or the like words Whether the House would be pleased to have a general Conference with the Lords touching the great and eminent dangers of the Realm and State and the present necessary supply of Treasure to be provided speedily for the same according to the proportion of the necessity Which Question being propounded it was assented unto by all without any negative voice On Tuesday March 6. two Bills had each of them one reading of which the second being a Bill for confirming Letters-Patents granted to the Mayor Sheriffs Citizens and Commonalty of the City of Lincoln was read the second time Sir Edward Hobby one of the Committees for Returns and Priviledges shewed that for the Burrough of Calmesford in the County of Cornwall one Richard Leech was returned to the Sheriff for a Burgess by a false Return and that afterwards Sir George Carew Knight was returned Burgess by the true Return and alleadging that the said Richard Leech offer'd to yield the place to the said Sir George Carew he moved for the Order of this House therein And thereupon Mr. Speaker was appointed to move the Lord Keeper in the said Case for his Order either for his allowance of the said Sir George Carew in the place of the said Richard Leech or else in awarding a new Writ for chusing another at his Lordships pleasure And so for his Lordships Order in the Case of the Burgess returned for the Burrough of Southwark in the allowance of Richard Hutton already returned or else in awarding a new Writ for chusing another at his Lordships pleasure And so also for his Lordships altering the name of John Dudley to the name of Thomas Dudley in the return of one of the Burgesses of Newtown in the County of Southampton or else to award a new Writ at his Lordships pleasure Divers other Bills were read on this day On Wednesday March 7. Sir Edward Hobby moved the Case of Mr. Fitz-Herbert his bringing up unto this House by a Hab. Cor. cum causa from the Lord Keeper sheweth that he hath moved the Lord Keeper touching the said Writ and that his Lordship thinketh best in regard of the ancient priviledges of this House that a Serjeant at Arms be sent by order of this House for the said Mr. Fitz-herbert at his own charge by reason whereof he may be brought hither to this House without peril of being further arrested by the way and the state of his Cause consider'd of and examined when he shall come hither which was thereupon well liked and allowed of by this House Three Bills had each of them one reading of which the second concerning the lawful deprivation of Edward Bonner late Bishop of London was read the second time On Thursday March 8. Mr. Speaker shewed unto this House that according unto the appointment of this House he hath attended the Lord Keeper touching his Lordships pleasure for the directing of a new Writ for the chusing of another Burgess for the Burrough of Southwark in the County of Surrey instead of Richard Hutton Gentleman
the same the said Amendments were afterwards read by the Clerk and then upon the Question agreed to be inserted into the said Bill accordingly Two other Bills had each of them one reading of which the latter being a Bill for the better execution of Process was upon the second reading committed unto Mr. Lewis Sir Edward Dimmocke the Recorder and Citizens of York Mr. Recorder of London and others who were appointed to meet to morrow in the afternoon in this House Divers other Bills were the same day read On Friday March 16. the Bill for Mr. Anthony Coke was upon the second reading committed to Mr. Wroth Mr. Dalton Mr. Francis Bacon and others who were appointed to meet this afternoon at two of the clock in the Exchequer-chamber And the Bill was delivered unto Mr. Francis Hastings one of the Committees Four other Bills had each of them one reading of which the last being the Bill for speedy punishment of Felony called petty Larceny was upon the second reading committed unto Sir William Moore Mr. Hobard Mr. Sands and others and the Bill was delivered unto Mr. Hobard who with the rest were appointed to meet upon Tuesday next in the afternoon in the Exchequer-chamber Divers other Bills were this day also read On Saturday March 17. Richard Topcliffe and William Basset Esquires Sheriffs of the County of Darby and Mr. Moore being of Counsel with Mr. Basset were heard at large at the bar in this House in the Case of Tho. Fitz-herbert Esq returned a Member into this House and now a Prisoner in the custody and charge of the said Sheriffs and after long hearing of the said Parties it was in the end resolved by this House That this House being a House of Record would take no notice of any matter of Fact at all in the said Case but onely matter of Record And that Mr. Speaker on the behalf of this House shall move the Lord Keeper of the great Seal of England for return to be made into Chancery of the Writ of Hab. Corpus cum Causa in that Case lately awarded by his Lordship unto the said Sheriff upon motion to his Lordship from this House in that behalf according to the purport of the same Writ with such due expedition as they ought to have done being Indilate his Lordship will then at the request of this House assess a good round Fine upon the Sheriff for his Contempt Vide concerning this matter on Thursday 1. and Friday 2. of this instant March and also on March 30. and on April 3. and April 5. following Mr. Thomas Posthumus Hobby shewed That according to the appointment of this House he hath moved his brother Sir Edward Hobby for the two Bills that were in his hands viz. the Bill concerning Perpetuities and the Bill concerning the execution of Process And that Sir Edward Hobby saith he is a Committee amongst others in both the said Bills by appointment of this House and that the same Bills were in that respect delivered unto him by the Clerk of this House and that albeit he thinketh it reasonable he should be acquainted with the proceedings in the said Bills in the same Committee as one of the same Committees yet in regard of the dutiful good will he beareth to the Members of this House and being loath to offend any of the same he delivered the same Bills to the said Mr. Tho. Posthumus Hobby to be brought into this House accordingly and so the said Mr. Thomas Posthumus Hobby delivered the said Bills Divers Bills were this day read March 18. Sunday On Munday March 19. two Bills had each of them one reading of which the first being the Bill concerning Iron-wyer and Iron-wyer-works was read the first time Sir Francis Hastings one of the Committees in the Bill concerning the breadth of Plunkets Azures Blues and other colour'd Cloaths appointed on Friday the 16th of this instant March shewed That he and the rest of the Committees in the same Bill have met together and have thought good to make some addition to the said Bill and opening the Contents thereof to the House and after praying that the same might be read it was after the reading thereof ordered to be inserted into the said Bill Divers other Bills were this day read On Tuesday March 20. three Bills had each of them one reading of which A Bill for selling the Gray-fryers in Cambridge Sidney-Colledge built by 〈◊〉 of the said Bill the last being touching the sale of the Gray-fryers in the Town of Cambridge was twice read and ordered to be ingrossed by virtue of which said Bill the Colledge now called Sidney-Colledge was built in the said University Mr. Cradock one of the Committees in the Bill for the better execution of Process and against Rescues committed on Thursday March 15. shewed That he and the rest of the Committees have met together and upon good considerations have thought good to amend sundry things in the said Bill and opening to the House the Effects of the same Amendments the same being read to the House it was ordered upon the Question they should be inserted into the said Bill which was done accordingly Divers other Bills were this day likewise read On Thursday March 22. the Bill for the grant of three entire Subsidies 〈…〉 and six Fifteenths and Tenths was read the third time and passed upon the Question That this Bill of the Subsidy in respect of the greatness of the sum passed the House with very great difficulties as it may appear by those several days on which it was agitated viz. Feb. 26. March 2 3.6 7.9 10.12.16 and 19. This day the House was called over and those Members of this House which were then present did pay into the hands of Mr. Robert Wroth and Mr. Warren 〈…〉 their charitable Contributions to the relief of the Poor in such proportion as had been agreed upon March 19. viz. every Privy Counsellor of the House 30 s. every Knight in degree and every one returned a Knight of a Shire though not of that degree and every Serjeant at Law or Doctor of Law because I suppose they are in some respects accounted equal to Knights 20 s. every Baron of the Cinque-Ports and every Burgess 5 s. Divers other Bills were also this day read On Friday March 23. two Bills had each of them one reading of which the last being concerning Woollen-cloaths and Kersies made in the County of Devon out of Cities Towns Corporate and Market-towns was upon the second reading committed to Sir William Moore all the Knights and Burgesses of Norfolk York Surrey Kent Somerset Devon and Cornwall Mr. Serjeant Harris and others and the Bill delivered to Sir William Moore who with the rest were appointed to meet to morrow at two of the clock in the afternoon in this House Mr. Atturney of the Dutchie one of the Committees in the Bill for Mr. Anthony Cooke shewed That he and the residue of the Committee in that
Bacon and others who were appointed to meet on Wednesday next at the Exchequer-Chamber at two of the clock in the Afternoon and the Bill and Committees names were then delivered to Mr. Chancellor of the Dutchie The Bill for taking away of benefit of the Clergy from Offenders against the Statute made 3 Hen. 7. concerning the taking away of Women against their wills unlawfully was upon the second reading committed unto Mr. Sollicitor Mr. Recorder of London Mr. Boyes Mr. Finch Mr. Bourcher and M. Duport to go presently into the Committee-chamber of this House who taking the Bill with them and returning again very soon after they had inserted into the Bill these words viz. hereafter to be committed which words being read unto the House and not well liked of were stricken out and these words were set down therein by consent of the House viz. to be committed after the end of this present Parliament and were then twice read and so the Bill upon the question was ordered to be ingrossed On Tuesday Novemb. 8. two Bills had each of them one reading of which the second being the Bill touching the transporting of Sheep-skins and Pelts was read prima vice Also two other Bills had each of them one reading of which the second being the Bill for due performance of the last Will and Testament of George Durant was upon the second reading committed unto Sir Edward Hobby Mr. Francis Bacon Mr. Francis Maro Sir Robert Wingfield Mr. Calthrope Sir Thomas Cecil and Sir James Harrington who were appointed to meet to morrow in the Exchequer-Court at Two of the clock in the Afternoon Sir Francis Hastings moved for the abridging and reforming of the excessive number of superfluous and burthensome penal Laws which motion being seconded by Mr. Francis Bacon and others the consideration of the management thereof was committed to all the Privy-Council being Members of the House A Bill to reform the number of superfluous and burthensome penal Laws c. all the Serjeants at Law likewise being Members of this House all the Lawyers of this House Mr. George Moore Mr. Lukenor Mr. Nathaniel Bacon Mr. Rotherham Mr. Comistie Mr. Diggs Mr. Crompton Mr. Peake Mr. Atturney of the Court of Wards Mr. Colebrand Mr. Atturney of the Dutchie Mr. Tolerby Mr. Culpepper Dr. Bennet Dr. James Dr. Perkins all the Knights of the Counties and for the City of London returned into this House Sir William Moore Sir Edward Hobby Sir Thomas Hobby and Mr. Hubbert who were appointed to meet in this House upon Thursday next at Two of the clock in the Afternoon On Wednesday Novemb. 9. two Bills had each of them one reading the second being the Bill to suppress the multitude of Maltsters Bill to suppress the multitude of Maultsters was upon the second reading committed unto Sir Robert Wroth Mr. Hubbert the Burgesses of Iork Hull Worcester and Gloucester Mr. Nathaniel Bacon and others who were appointed to meet at Two of the clock this Afternoon in the Middle-Temple Hall Two other Bills had each of them one reading of which the second being for the amendment of Weavers and Spinners Wages was read prima vice The House began this day to name Committees touching Monopolies and Patents of Priviledges of which Sir John Fortescue Chancellor of the Exchequer Mr. Barker Mr. Lawrence Hide and some nine others being appointed Mr. Secretary Cecil moved the House the day being far spent and the business in agitation of great weight the nominating of the said Committee might be deferred until the day following and that then it might be discussed and set down touching what matter the said Committee should treat Whereupon upon the question it was deferred accordingly On Thursday Novemb. 10. the Bill for the establishing of the Town-lands of Wanting in the County of Berks to the relief of the Poor amending of High-ways and maintaining of a School-master in the Town of Wanting aforesaid was upon the second reading committed unto Mr. Controler the Knights for the County of Berks Mr. Henry Nevil Sir Humphry Foster Mr. Sollicitor Mr. Francis Moore Mr. Oglethorp Mr. Laurence Hide Mr. Little Mr. Tasborough and Mr. Oldsworth who were appointed to meet on Saturday next at Two of the clock in the Afternoon in this House Three other Bills had each of them one reading of which the last being the Bill for re-edifying the Town of Langford Estevor in the County of Somerset was upon the second reading committed unto the Knights for the County of Somerset Sir Francis Hastings Mr. Hexte all the Burgesses of Somerset-shire Mr. Edward Philips Mr. Alexander Popham the Knights and Citizens for London Sir Robert Wroth Mr. Jerom Horsey and Dr. James who were appointed to meet on Munday next at Two of the clock in the Afternoon in the Middle-Temple Hall Mr. Walgrave moved touching the abuses of Licenses for Marriages granted by Ecclesiastical persons and prayed that consideration may be had for reformation thereof by this House On Friday Novemb. 11. four Bills had each of them one reading of which the first was the Bill concerning the Hospital of Warwick Dr. Wingfield and Dr. James do shew sundry great abuses by Licenses for Marriages without Banes granted by Registers and other inferior Officers Whereupon Sir Thomas Cecil moved for a Committee for drawing a Bill for reformation thereof whereupon were nominated Sir Thomas Cecil Mr. Fannel Mr. Finch Dr. James Mr. Nathaniel Bacon Mr. Robert Wingfield and others who were appointed to meet to morrow at Two of the clock in the Afternoon in Grays-Inn-hall Mr. Hexte moved touching the abuses in Probates of Wills Mr. Edward Hobby moved for a Committee for continuance of several Statutes whereupon were nominated Mr. Atturney of the Dutchie Mr. Atturney of the Court of Wards Sir Robert Wroth Mr. Sollicitor Sir Edward Hobby Mr. Francis Moore Mr. Francis Bacon all the Serjeants at Law being of this House Sir William Moore and others and a note of the names of the Committees were delivered to Sir Robert Wroth who with the rest were appointed to meet on Thursday next in the Inner-Temple-hall at Two of the clock in the Afternoon On Saturday Novemb. 12. four Bills had each of them one reading of which the first being the Bill for the repeal of the Statute of the 23 of her Majesties raign Bill for increase of Mariners and maintenance of Navigation intituled An Act for the increase of Mariners and maintenance of Navigation was upon the second reading committed unto all the Burgesses of the Port-towns all the Citizens of London York Hull and Norwich the Burgesses of Carnarvan Mr. Miles Sands and others who were appointed to meet on Munday next at Two of the clock in the Afternoon in the Middle-Temple-hall The Bill against the counterfeiting the Hands of the Lords Bill against counterfeiting of Hands was read the second time and upon the question committed unto all the Privy-Council being Members of this House all the Serjeants at Law
triyling Suits in Law of which the first was to avoid trifling Suits in Law in her Majesties Courts at Westminster On Thursday Decemb. 3. two Bills had each of them one reading of which the second was the Bill for enabling Edward Nevil of Burling in the County of Kent and Sir William Nevil his son to sell certain Lands On Friday Decemb. 4. the Bill against Drunkards and common Haunters of Ale-houses and Taverns the Bill for levying of Fines with Proclamations of Lands within the County of the City of Chester the Bill for enabling of Edward Nevil of Berlin in the County of Kent Esq c. and the Bill for confirmation of Letters-Patents made by Edw. 6. to Sir Edward Seignior Kt. were each of them read secunda vice On Saturday Decemb. 5. the Bill for maintenance of the Navy increase of Mariners and for avoiding the scarcity of Victuals was read prima vice Report was made to the House by the Lord Archbishop of Canterbury the first of the Committees concerning Musters Souldiers c. That the said Committees having oftentimes met and conferred about the said Bill did finde so many imperfections in the same as it could not conveniently be mended and therefore thought it meet to draw a new Bill which he presented to the House The Bill entituled An Act for the more peaceable government of the Parties of Cumberland c. was returned to the House with certain Amendments which Amendments were presently twice read and thereupon the Bill commanded to be ingrossed On Munday Decemb. 7. two Bills had each of them one reading of which the first being the Bill for the more peaceable government of the Parties of Cumberland c. was read tertia vice and sent down to the House of Commons by Dr. Carewe and Dr. Stanhopp The Bill to avoid the double payment of Debts was brought up to the Lords from the House of Commons by Mr. Controuler Sir Edward Hobby and others Four other Bills had each of them one reading of which the third being the Bill for the confirmation as well of all Grants made to the Queen and of all resumptions made by her Highness of the possessions of any Archbishoprick or Bishoprick as of Letters-Patents made by her Majesty to others was read prima vice The Bill for confirmation of Grants made to the Queen and of Letters-Patents made by her Highness to others was this day returned to the House with certain Amendments by the Lord Treasurer the first of the Committees This day Sir William Knowls Sir Edward Hobby Knights and divers others of the House of Commons delivered a Message from the said House desiring a Conference with some of their Lordships concerning the uniting of Eye and Dunsden to the Mannor of Sunning Upon the delivery of which Message after the said Sir William Knowls and the rest had a little withdrawn and then upon propounding this Motion to this House the Lords having assented thereunto Answer was made by the Lord Keeper sitting in his place and the the rest of the Lords also keeping their places unto the said Sir William Knowls and the rest That the Lords had yielded to the Conference and had appointed the Lord Treasurer the Lord Steward the Lord Bishop of London the Lord Bishop of Winchester the Lord Zouche and the Lord Cobham to meet with some select persons of the House of Commons for that purpose to morrow by eight a clock in the morning at the Utter chamber neer the Parliament-presence On Tuesday Decemb. 8. six Bills had each of them one reading of which the last being the Bill concerning Captains and Souldiers and other in the Queens service in the Wars was read secunda vice and committed to the Committees formerly appointed for the first Bill of that kind with addition of the Lord Windsor and the said Committee to meet upon the said Bill upon the first opportunity of meeting on any other Bill and the said Bill was delivered to the Earl of Nottingham the third of the Committees Nota NOTA. That here this Bill was delivered unto the Earl of Nottingham being the third of the Committees of whom the Archbishop of Canterbury and the Lord Treasurer were the two first Whereas on Munday Nov. 23. a Bill being committed upon the second reading was delivered unto the Archbishop the first of the Committees And on Thursday Nov. 26. upon the commitment also of a Bill in the like manner the Bill was delivered unto the Lord Howard of Walden being the Puisne Baron or last of the Committees by which it is plain that in the Upper House as well as in the House of Commons after any Bill is committed upon the second reading it may be delivered indifferently to any of the said Committees A Proviso was offered by the Earl of Worcester on the behalf of the Earl of Shrewsbury to be annexed unto the Bill entituled An Act for the consirmation of Grants made to the Queens Majesty and of Letters-Patents made by her Highness to others which Proviso together with the Amendments in the said Bill were read presently And forasmuch as the Lords desired a speedy proceeding in the said Bill they sent Dr. Carewe and Dr. Stanhopp to the House of Commons to move them that some meet persons of that House might joyn in Conference with the Lords being to the number of twenty or thereabouts concerning the Proviso and Amendments aforesaid and that the meeting about the same might be at the outward Chamber neer to the Parliament-presence to morrow by eight of the clock in the morning Upon delivery of which Message to the House of Commons they assented accordingly to the Motion made on that behalf Upon a Motion sent this day from the House of Commons by Sir Walter Rawleigh Sir Francis Hastings Sir Edward Hobby and others signifying That they desired Conference with some of their Lordships for certain matters concerning the honour of both Houses the Lord Archbishop of Canterbury the Lord Treasurer the Earl of Nottingham Lord Steward the Earl of Northumberland the Earl of Worcester the Bishop of London the Bishop of Durham and the Bishop of Winchester the Lord Zouche the Lord De-la-ware the Lord Cohham and the Lord Howard of Walden were appointed to meet on Thursday next by eight a clock in the morning at the outward chamber neer the Parliament-presence which was signified to Sir VValter Rawleigh and the rest in answer of their Message On VVednesday Decemb. 9. the Counsel of the Lady Fane was heard in the House what he could say on her behalf against the Bill of Edward Nevil and Sir Henry Nevil his son whereupon the Lords finding no cause why the proceeding on that Bill should be any longer staid Order was given for the third reading thereof The Bill for the enabling of Edward Nevil Esq and Sir Henry Nevil his son and heir apparent to dispose of certain Copyhold-lands was read tertia vice upon the third reading of which Bill and before
this House much more from the general State My Meaning was mistaken and my Words misconstrued yet both in Substance agreeing with Mr. Speaker Sir Edward Stanhop said I think in the Bill for Ale it were very fit that Power were given to Lords in Leets to take the like Penalty and to inquire thereof there And withal that they keep not Victualling nor sell Ale any longer An Act for Redress of certain Abuses used in Painting which when it was offered by the Clerk to be read he being asked by Sir Edward Hobby sitting by him What Bill it was he answered A Bill of no great Moment Nota The same was for the City of London only or for a certain Compass of Miles about it Sir Francis Hastings exhibited a Bill against Blasphemous Swearing At the Committee holden the said Fifth Day of November there were these Precedents shewed Precedents That 〈…〉 of Parliament the 〈◊〉 for New Elections must go from the Speaker to prove That Warrants ought to go from the Speaker in case of Election of Knights and Burgesses in time of Parliament viz. First The Fourth of December 1584. 27. Reginae Valentine Dale Master of the Requests was returned Burgess for Chichester and also for Hydon but he chose Chichester and John Puckering Speaker directed his Warrant to the Clerk of the Crown to send a Writ to make a New Election in Henden which bare Date the Tenth of December six Dayes after 27 Eliz. Secondly Nota. The Twenty-First of December 1584. The Writ bearing Test the Thirteenth of February for the same Matter In which the Style of the House is The Knights Barons Citizens and Burgesses Quod nota Thirdly The Nineteenth of February 1584. when Parry being Burgess of Queenborough in Kent was attainted for Treason a Warrant was directed to the Clerk of the Crown directing to make a Writ dated the Nineteenth of February afore-said In which Warrant under the Speaker's own Hand was inserted a Reason to this Effect viz. Because the said Parry is disabled by reasen of his Attainder Fourthly The Thirtieth of November 1584. Thomas Bodithe was elected Burgess of Portsmouth and also Baron of one of the Cinque-Ports viz. Hithe but he took Portsmouth and refused the other A Warrant was directed as above-said but no Test of the Writ was there Fifthly The Twenty-Eighth of January 1584. Alexander Pymm Esquire was chosen Burgess of Taunton Being Deceased a new Warrant was directed from the Speaker to the Clerk of the Crown and the Writ bare Test the Thirtieth of January Sixthly The Third of December 1584. John Puckering being Speaker was chosen Burgess for Bedford and for Carmarden who chose Bedford And a VVarrant was directed to the Clerk of the Crown from the Speaker to make a New Writ which bare Date the Fourth of December Anno 27. Eliz. All which VVrits were signed by the Speaker John Puckering For the Matter between Dr. Aubery Doctor of the Civil-Law and Mr. William Delabar Barrister at Common-Law touching the Burgeship of Cardigan in Wales the Case stood thus Cardigan being by antient Precedents ever since 1. Eliz. a Burgess-Town and ever the Return of the Indenture hath been for Cardigan only Now this Parliament the Sheriff of the Shire favouring a Town called Aberistowe after he received the Parliament-Writ sent his VVarrant to the Bayliffs of Aberistone to chuse a Burgess c. who chose for their Burgess Dr. Aubery and returned him Burgess of Cardigan and Aberistowe and shewed in the Indenture the Election to be made by both Towns and the Indenture was signed with the Sheriff's Hand On the other side the Bayliffs of Cardigan understanding the VVrit to be come to the Sheriff took notice thereof and without VVarrant from the Sheriff made an Indenture and Election of William Delabar and sent the same in a Letter unto him Mr. Delabar sought the Sheriff and his Deputy in London to deliver the Indenture of Cardigan but not finding him delivered the same to the Clerk of the Crown paid his Fees was Sworn and admitted into the House till this present Day Now at this Committee of Privileges Dr. Aubery came to complain The Committees found upon Examination of the Matter that the County-Court was kept at Aberistowe at Cardigan Alternis vicibus and that the County-Court was to be kept at this time at Aberistowe So when they went to Conference both Aubery and Delabar were desired to depart forth And upon Consultation these Questions arose First VVhether the House have Power to Fine the Sheriff because according to the Statute he sent not his VVarrant to Cardigan Next If he be punishable by the Penalty of the Statute Also If he have pursued his Authority in making an Election in Aberistowe VVhich were left with divers other Doubts to the Discussing of the House and to the Report of Sir Edward Hobby or Mr. Solicitor Also in the 23 Reginae a VVarrant directed to the Town of Hull from the Speaker Popham now Lord Chief Justice then Speaker Sir Edward Hobby at this Committee A Saying of Sir Edward Hobby said by Aubery and Delabar being the one Civilian the other a Common Lawyer That he might say of them as the Duke of Millan said of the Thief It 's no matter whether goes first the Hang-man or the Thief The Town of Harwich in Essex and New-Town in the County of Southampton returned Burgesses this Parliament which never did before On Friday Novemb 6. An Act for the Uniting Consolidation of certain small Churches in Exeter into one Parish Church An Act for the better setting of Watches in the Night Bill for Setting of Watchmen for the Apprehending of suspected Persons was Read To which Act Sir George More spake and said Mr. Speaker I am still of Opinion That it is good to have trial of Laws before we make them perpetual for those that be Night-walkers offend God do the Common-wealth no good and sin in both In my Opinion therefore it were good to limit the continuance of this Law and that the Defects therein may be the better Examined that it be Committed An Act to prevent and avoid divers lewd Misdemeanors in Base and Idle persons Doct. James a Civilian being a Committee brought in the Act against Drunkards and common haunters of Taverns and Ale-houses An Act for the Inhabitants of Rapesdale in the County of Lancaster touching the Buying of Wools. An Act for the better keeping of the Sabbath-day called Sunday was Read A Bill to avoid Contracts on the Sunday in which Act there was a Proviso That all Contracts made on the Sunday in Fairs or Markets should be utterly Voyd and the Goods so Contracted for Forfeited to the Queens Use Mr. Glascock of Grayes-Inn stood up and spake to this Bill and said Mr. Speaker I would willingly put one Case to the House Mr. Glascockk puts a Pleasant Case To know whether it be their minds If a Man take a Wife on a
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 Dr. Bennet against the Monopoly for Salt 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 Sir Wal. Rawleigh Blushes 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 said Mr. Laurence Hide to the same Bill 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 Derogation 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 Cancell'd 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 A notable Precedent 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 Serjeant Harries the House meaneth 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 Mr. Mountague for the Bill 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 Mr. Francis Moore 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 Unconscienable Substitutes to the Monopolitans of Starch Mr. Martin 〈…〉 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 the Common-Wealth If a Body Mr. Speaker being Let Blood be left still Languishing without any Remedy How can the Good Estate of that Body long remain Such is the 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 Sir George Moore 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 should 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 I think therefore That it agreeth more with the Wisdom and Gravity of this House to
Resolutions according to your Commandments A Bill for making the Parks of Noblemen and Gentlemen of the Realm for the Keeping and Breeding of Horses On Wednesday Novemb. 25. A Bill for Enlarging a Branch of the Statute of 25 Eliz. Cap. 8. touching Gashing of Hides A Bill concerning the Assize of Fuel A Bill for the Levying of Fines with Proclamation of Lands within the County of the City of Chester A Bill for the Re-uniting of Eye and Dunsden to the Mannor of Sunning read the first Time A Bill For the enabling of Edward Nevil of Burling in the County of Kent Esq and of Sir Henry Nevil his Son and Heir Apparent to sell certain Coppy-hold-Lands This Act was brought in after Commitment by Sir Edward Hobby who at the delivery thereof shewed to the House That they had put out Esq in the Title in respect that they would not leave such a Title as Esq for a Monument of Record in Parliament lest perhaps it might in After-ages be a prejudice to the Title of the Lord Abergaveny Also we have said he left out all other Words and Clauses touching that Point As also have added a Proviso For saving of the Right of the two Mr. Vanes Sons to the Lady Vane because the Elder of them layeth Title to the Barony And thus they both being at the Committee with their Councel have given consent to the Bill The Gentlemen are both in the House and can testify as much Therefore I think it good it were put to the Question for Ingrossing And so it was and all said I I I. The Exchecquer-Bill was read The Bill against Trifling Suits was put to the Question And ordered to be Ingrossed The Bill to prevent Perjury and Subordination of Perjury and unnecessary expences of Suits in Law A Bill to prevent the double Payment of Debts upon Shop-Books which was put to the Question for the Ingrossing And most said No. Mr. Speaker after a Silence and every one marvailing why the Speaker stood up spake to this Effect The Speaker delivers a Message from the Queen It pleased Her Majesty to command me to attend upon Her Yesterday in the Afternoon From whom I am to deliver unto you all Her Majesties most gratious Message sent by my unworthy self She yeildeth you all hearty thanks for your care and special regard of those things that concern Her State and Kingdom and Consequently our selves whose Good She hath alwayes tendred as Her own For our speedy Resolution in making so hasty and free a Subsidy which commonly succeeded and never went before our Councels For our Loyalty I will assure you with such and so great Zeal of Affection She uttered and shewed the same that to express it with our Tongues we are not able neither our Hearts to conceive it It pleased Her Majesty to say unto me That if She had an Hundred Tongues She could not express our hearty good Wills And further She said That as She had ever held our Good most dear so the last Day of ours or Her Life should Witness it And that if the least of Her Subjects were Grieved and Her self not Touched She appealed to the Throne of Almighty God how careful She hath been and will be to defend Her People from all Oppression She said That partly by Intimation of Her Councel and partly by divers Petitions that have been Delivered unto Her both going to Chappel and also Walking abroad She understood That divers Patents that She had granted were grievous unto Her Subjects and that the Substitutes of the Patentees had used great Oppression But She said She never assented to Grant any thing that was Malum in se And if in the Abuse of Her Grant there be any thing that is Evil which She took Knowledge there was She Her self would take present Order for Reformation thereof I cannot Express unto you the apparent indignation of Her Majesty towards these Abuses She said Her Kingly Prerogative was tender and therefore desireth us not to speak or doubt of Her careful Reformation For She said her Commandement given a little before the late Troubles meaning the Earl of Essex's Matters by the unfortunate event of them was not so hindred but that since that time even in the midst of Her most weighty and great Occasions She thought upon them And that this should not Suffice but that further Order should be taken presently and not In futuro For that also was a Word which I take it Her Majesty used and that some should presently be Repealed some Suspended and not put in Execution but such as should first have a Trial according to the Law for the Good of Her People Against the Abuses Her Wrath was so Incensed that She said She neither would nor could suffer such to escape with Impunity So to my unspeakable Comfort She hath made me the Messenger of this Her gratious thankfulness and care Now we see that the Axe of Her Princely Justice is put to the Root of the Tree And so we see Her Gracious goodness hath prevented our Councels and Consultations for which God make us thankful and send her long and long to Reign amongst us If through my own Weakness of Memory Want of Utterance and Frailty of my self I have omitted any thing of Her Majesties Commands I do most humbly crave pardon for the same And do beseech the Honourable Persons which do assist this Chair and were present before her Majesty at the Delivery hereof to supply and help my Imperfections which joyned with my Fear have caused me no doubt to forget something that I should have Delivered unto you After a little Pause and Silence the Councel talking one with another Mr. Secretary Cecil stood up and said There needs no Supply of the Memory of the Speaker Secretary Cecil Speaks to the same purpose but because he desires some-that be about him to aid his Delivery and because the rest of my Fellows be Silent I will take upon me to Deliver something which I both then heard and since know I was present with the rest of my Fellow-Councellours and the Message was the same that hath been told you And the cause hath not proceeded from any particular course thought upon but upon private Information of some particular Persons I have been very Inquisitive after them and of the Cause why more importunity was now used than before which I am afraid comes by being acquainted with some course of our Proceeding in this House There are no Patents now of Force which shall not presently be revoked for what Patent soever is Granted there shall be left to the overthrow of that Patent a Liberty agreeable to the Law There is no Patent but if it be Malum in se the Queen was ill apprised in Her Grant but all to the generality are unacceptable I take it there is no Patent whereof the Execution thereof hath been Injurious would that had never been Granted I hope there shall never
Comptroller and Mr. Secretary That the Gentlemen of the Country should be brought to Kiss Her Hand before they departed The Amendments in the Bill of Painting were Read and Mr. Lythe stood up and said Mr. Speaker We have been troubled with two P P ' s. this Parliament that is The Painters and the Plaisterers Methinks a Third P. would do very well and that is Put it out of Doors Mr. Davies said Let me add the next Letter Q. To end this Controversie I pray let it be put to the Question or else one of his P ' s. that it may be Passed The Bill touching Perjury and Subornation of Perjury was Read and Committed The Place of Meeting to be at the Middle-Temple-Hall and the Time Thursday in the Afternoon On Wednesday Decemb. 2. A Bill for certain Orders amongst Water-men A Bill for Explanation of the Statute 23 Reginae touching Recusants was Read and Committed The Place of Meeting to be in the Court of Wards and the Time to Morrow in the Morning A Bill to prohibit Transportation of Iron-Ordnance beyond Seas A Bill to secure the Patronage of Rotharston to Thomas Venables Esquire Mr. Francis Moore brought in a Bill for Confirmation of a Charter of King Edward the Sixth to the City of London touching St. Bartholomews-Bridewel and St. Thomas Apostles It was put to the Question and after Commitment ordered to be Ingrossed A Bill for the Amending of a Common-Road-Way called Double-Sole-Green between Kentish-Town and the City of London A Bill to Reform the Abuses in Weights and Measures by the Default of the Clerk of the Market and other Officers Read To which A Bill about Weights and Measures Mr. Fretswick speaks to it Mr. Fretswick Knight of Darby-shire spake and said In that I speak being least Worthy I hope it will be deemed to proceed from Affection not Presumption Besides I have learnt it for a Rule in this House It is better to venture Credit than Conscience There are Three things to be consider'd in this Bill The Inconvenience the Necessity of the Remedy and the Conveniency of Punishment For the Inconveniency no Man but knows it who knows the State of his Country In Mine there is nothing more generally complained of than the Inequality of Measures The Rich have two Measures with One he Buyes and Ingrosseth Corn in the Country that 's the Greater With the Other he Retails it at Home to his poor Neighbours that 's the Lesser This is the great and just Complaint of All. So after many other Matters moved upon the Statutes the Bill was Committed The Time of Meeting appointed on Saturday in the Afternoon in this House The Bill for more Diligent Resort to Churches on Sundayes A Bill for more diligent Resort to Church Mr. Owen against it was Read Mr. Roger Owen spake to it and said That he misliked the Bill for Two Respects The One for the Penalty the Other in respect of the Party punishing This is the Justice For the First The Penalty is Twelve Pence It is well known the poorest Recusant in England as well as the Rich ought to pay his Twenty Pounds and for want of Lands and Goods his Body is Lyable And therefore we shall doubly pinch him which is against the Law For the Other Touching the Justice I think it too great a Trouble and they already are loaden with a Number of Penal Statutes yea a whole Alphabet as appears by Hussey in the time of Henry the Seventh And this is so obvious that a Justice of Peace his House will be like a Quarter-Sessions with the Multitude of these Complaints I think also it is an Infringment of Magna Charta for That gives Tryal per Pares but This by Two Witnesses before a Justice of Peace And by this Statute if a Justice of Peace come into the Quarter-Sessions and say It is a good Oath this is as good as an Indictment Therefore for my part away with the Bill Sir Francis Hastings said I never in my Life before Sir Francis Hastings opposes him heard Justices of the Peace Taxed in this Sort For ought I know Justices of Peace are Men of Quality Honesty Experience and Justice I would ask the Gentleman that last spake but Two Questions The First Whether he would have any Penalty at all Inflicted The Second If in the First Statute or in This an easier Way for the Levying of this Twelve Pence can be If he deny the First I know his Scope if the Second no Man but himself will deny it And to speak so in Both is neither Gravely Religiously nor Rightly spoken And therefore for God's the Queen's and the Country's sake I beg the Bill may be Committed Sir Cary Reynolds said Sir Cary Reynolds for the Bill The Sabbath is ordained for Four Causes First To Meditate on the Omnipotency of God Secondly To Assemble our selves together to give God Thanks Thirdly That we might thereby be the better enabled to follow our own Affairs Fourthly That we might Hallow that Day and Sanctifie it King James the Fourth of Scotland in the Year 1512. and King James the Sixth in the Year 1579. or 1597. did Erect and Ratifie a Law That whosoever kept either Fair or Market upon the Sabbath that his Goods should be presently given to the Poor A Man gathering but a few Sticks on that Day was stoned to Death because that was thought to be a Prophanation of the Sabbath In France a Woman refraining to Sanctifie the Sabbath Fire appeared in the Air unto her this moved her not It came the second time unto her House and yet this moved her not It came the third time and devoured all that ever she had but a little Chird in the Cradie But to come nearer our selves In the Year 1583. the House of Paris Garden fell down as they were at the Bear-Baiting Jan. 23. on a Sunday and Four Hundred Persons fore Crushed yet by God's Mercy only Eight were Slain outright I would be a Suitor to the Honourable Persons that sits about the Chair That this Brutish Exercise may be used on some other Day and not the Sabbath which I wish with my Heart may be observed And I doubt not but great Reformation will come if this Bill doth but Pass To the better effecting whereof I humbly pray That if there be Imperfections in it it may be Committed Sir George Moore said 〈…〉 I have read That the Tongue of a Man is so tyed in his Mouth that it will Stir still It is tyed deep in the Stomack with certain Strings which reach to the Heart to this end That what the Heart doth offer the Tongue may utter what the Heart thinketh the Tongue may speak This I know to be true because I find in the Word of Truth Out of the Abundance of the Heart the Mouth speaketh For the Gentleman that inveighs so much against Justices it may proceed out of the Corruption of his Heart However I
Privilege and said that he was not priviledged from an Execution And so being carried to the Counter he told the like to the Clerks who affirmed likewise that Priviledges would not stretch to Executions and therefore would not discharge him And therefore I Pray that both the Clerks Mathews and the Serjeant may be sent for And so it was Ordered they should Appear to morrow in the Forenoon The Bill against ordinary and usual Swearing was ordered to be Ingrossed and so Passed The Bill that Concerns Captains Souldiers and Mariners which came from the Lords was Read the first time The Bill for Relief of the Poor was brought in with Amendments and agreed to be Ingrossed In the Afternoon The Bill touching the Weaving of Silk and Gold Laces after a little Debate by the greater part it was Rejected The Reasons against the Bill were 1. That it was Incroaching a Liberty to have two miles compass 2. That it was too General silk Wares and all other Stuffs 3. That it was a Prohibition of making or selling of Norwich Stuffs 4. That the search in the Bill was too General and the Forfeiture too great 5. That it was a discommodity to have all Silk Stuffs For Statute-Lace with a third of Silk will shew and sell better so of Stuffs for Childrens Coats That the Search was General as well within Liberties as without I offered to speak before the Question was half asked but could not be suffered the Noes were so great And it being put to the Question over-ruled and the Bill Rejected A Bill A Bill about the City c. that the City of London should have full Power and Government over and in the Liberties of St. Katherines Read To which Bill Mr. Wiseman spake and said Mr. Wiseman Argues against it That diverse particular Persons had Purchased Lands within the Liberty and had given much more for the same in respect of the Priviledge than otherwise they would have done And now this Bill wipeth away all their Right And Mr. Speaker I hope I may speak it without Offence This Parliament hath been more troubled with Bills for Incroaching Liberties about the City of London than any three Parliaments before Sir Steven Some said I am bound to defend London Sir Stev Some for the City and I cannot under your Favor suffer the Imputation laid against us For Mr. Speaker I say to you these Priviledges are the very sink of Sin the Nurcery of naughty and lewd People the Harbour of Rogues Theeves and Beggars and maintainers of idle Persons for when our Shops and Houses be Robbed thither they fly for Relief and Sanctuary and we cannot help our selves The City seeing this Purchased it of the Lord Thomas Howard supposing to have had all the said Priviledges but finding the contrary by Experience they now are inforced to sue for your Favours to have it pass by Act of Parliament This is the Cause and I leave it to your Considerations whereupon it was put to the Question and the House was Divided and the I I I were 94. and the Noes 86. On Tuesday Decemb. 15. A Bill to make the Lands Tenements and Hereditaments of Edward Lucas Gentleman Deceased Executor of the last Will and Testament of John Flowerdewe Esquire Deceased liable to the payment of certain Legacies given by the last Will of the said John Flowerdewe and for the payment of diverse other Debts owing by the said Lucas in his life time Mr. Snigg moved to have the Bill for Clothing Read which was Read accordingly Mr. Phettiplace prayed the House to have consideration whether the Merchants were fit to have Consideration for Cockling and Squales and so to make abatement to the Clothier And he thought not because in outward shew it seemed good yet there lurks a hurt to the Merchant And so it was put to the Question and Ordered to be Ingrossed One Anthony Mathews a Surgeon who dwelt about Fleet-Bridg caused a Serjeant to Arrest one Curwyn Servant to Mr. Hudleston Knight for Cumberland It appeared that Curwin was a Solicitor and a Servant to the said Mr. Hudleston for three Years space and had solicited his great Cause in the Star-Chamber betwixt Delebar and himself the Truth of the Case was this Curwin falling into talk with another about Fleet-Bridg touching Mr. Hudlestons Cause they fell out there and Fought and Curwin was Hurt sore in the Hand so he went to this Mathews being the next Surgeon who dressed him and after it was agreed that Mathews should have for the Cure Ten Pounds viz. Four Pounds in hand and Mr. Hudlestons and his Bill for the Payment of the other Six Pounds when the Cure was done Which Bill was Read openly Now it was Averr'd and Confessed the Cure was done and that Four Pounds more was Paid and Mathews contented to forbear the other Forty Shillings untill the next Term following but it was not paid Whereupon the said Mathews it being three Years since due caused Curwin to be Arrested And Mr. Hudleston shewed this to the House and Offer'd so he might have his man free to pay the money due And because it was Averr'd that the Serjeant knew not of the said Curwins being Mr. Hudlestons man but only was told that he was one of New-Ian which indeed was true and he lay there in his Brothers Chamber yet served Mr. Hudleston and the Serjeant offered to Swear the same But the Serjeant said That after he was Arrested Curwin told him he was Mr. Hudlestons Man And Mathews said If you let him go I will be Answer'd by you look you to it Whereupon the Serjeant confessed he kept him and if he had Offended he submitted himself So the House Awarded the Serjeant should be Discharged paying his Fees and that Mathews should pay them And Mathews to pay his Fees and remain Three Days in the Serjeants Custody for procuring the Arrest And that Curwin should have his Writ of Privilege And so he had This Matter was argued diversly Whether he should be priviledged or no And some thought not but at length I stood up and shewed the House That he ought to be privileged for we had given Judgment in the like Case of the Baron of Waltons Solicitor this Parliament And thereupon it was put to the Question And Ordered he should be Privileged The House called to have the Bill of Ordnance Read and sent up Sir Edward Hobby said I shall move you in a Matter which though is seems distasteful in the beginning yet I doubt not but it will be very pleasing in the ending I am given to understand and I know it to be true for I saw it That the Lords have a Bill in their House Touching Transportation of Ordnance far more larger in Matter and more stricter in Punishment than ours is And where we stand so much upon the Words without License and spend time therein they make no such scruple but puts it absolute Besides I dare presume to