Selected quad for the lemma: justice_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
justice_n commission_n peace_n session_n 2,574 5 10.6777 5 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A63022 Historical collections, or, An exact account of the proceedings of the four last parliaments of Q. Elizabeth of famous memory wherein is contained the compleat journals both of Lords & Commons, taken from the original records of their houses : as also the more particular behaviours of the worthy members during all the last notable sessions, comprehending the motions, speeches, and arguments of the renowned and learned secretary Cecill, Sir Francis Bacon, Sir Walter Rawleigh, Sir Edw. Hobby, and divers other eminent gentlemen : together with the most considerable passages of the history of those times / faithfully and laboriously collected, by Heywood Townshend ... Townshend, Hayward, b. 1577. 1680 (1680) Wing T1991; ESTC R39726 326,663 354

There are 6 snippets containing the selected quad. | View lemmatised text

both to the Bishop present and the Successor and their Servants and to the Bishop's own Farmers and Tenants To the Bishop present in the Maintenance of his Estate which cometh only by continual Fines which if they be taken away then are they not able to maintain that Hospitality or keep that Retinue either belonging to their Place or answerable to their Living For consider the Revenue of the greatest Bishoprick in England it is but Two Thousand and Two Hundred Pounds per Annum whereof he payeth for Annual Subsidy to the Queen Five Hundred Pounds And what Damage we shall do both to him and his Successor herein his Revenue being so Beneficial to her Majesty I refer to all your Judgments To the Successor it must needs be more hurtful for when he first cometh in he payeth First-Fruits and yet is not allowed to make his Benefit by Fines which all Bishop's Farmers are contented to do So that he is cast one whole Years Revenue behind-hand and perhaps hath no Power neither to make Leases in Twelve or Sixteen Years This Mr. Speaker will be a Cause to induce the Ministers of the Word not to seek Bishopricks whereby we may bring the Clergy both to Poverty and Contempt from which they have ever been carefully defended and provided for even by the most antient Statutes and Laws of this Realm now Extant Hurtful it is to their Servants for this may be every Mans Case We know many good Gentlemens Sons served Bishops and How can they reward their long and faithful Service but only by means of granting over of these Fines or some other means out of the Spiritual Function But this Act is good for the Courtier But I must speak no more of that Lastly Mr. Speaker my self am Farmer to a Bishop and I speak this as in my own Case on my Knowledge to the House that it is ordinary upon every Grant after Four or Five Years ever to Fine and take a New Lease But I refer it to the Consideration of the House to do their Pleasures therein Only this I certifie that I have the Copy of the Bill the last Parliament exhibited to this Purpose which I having compared together with this present Bill do find them to be word for word all one and that was rejected And so I doubt not if the Reasons be well weighed but this will have the like Success Upon whose Motion it was put to the Question Upon which it was Rejected Whether it should be committed and all said No not one Yea So this Bill was rejected An Act was read That Plaintiffs in Writs of Error should give good Bail To which no Man offer'd to speak Whereupon Mr. Speaker stood up and said That if no Man speak it must be ingrossed Mr. Cary said He thought it very fit that the Bill should be first Committed For talking with Sir Roger Maynwood in his Life-time Lord Chief Baron of the Exchequer he was of opinion That it was more fit and more safe for the Subjects Good and far more easie for the Judges that the Money should be brought into the Court and no Recognizance taken which if it might be committed the Bill might be amended in that Point and no doubt would pass So it was committed to be set upon on Monday in the Middle-Temple-Hall the Nineth of November Mr. Johnson moved the House That whereas the last Parliament there were Three Bills One touching Pattentees another touching the Clerk of the Market and the Third touching Petty Thefts That these being Publick Matters might be brought into the House this Parliament and Read And touching the Clerk of the Market he durst undertake to lay open as many vile Practices as almost there be Men in this House He made a very long and good Speech touching these Three Bills which for Brevity I omit An Act was read against fraudulent Administration of Testator's Goods The Bill against Drunkards was again read the effect whereof was That common Drunkards should be presented as common Barrettors which was Committed upon the Motion of Mr. Wiseman to the Committees for the Bill for the Abuse of the Sabbath-Day He said It was very convenient in his Opinion Blasphemers and Swearers were punished by some strict Law And so told of a Conference betwixt him and a Prisoner in the Gate-House at Westminster who thorow a Window secing many Children playing they Swore almost at every word Then the Recusant asked him If that was the Fruit of our Doctrine and How it chanced that our Doctrine being so sincere such Blashemy was committed Therefore that the Slanders of our Adversaries may be avoided the Sin punished and God's Name more reverenced and Himself better served some Provision in that Law touching that Point he thought very necessary An Act touching the Sowing of Hemp An Act for sowing Hemp. was read the second time To which Bill Sir Walt. Rawleigh does Oppose it Sir Walter Rawleigh spake and said For my part I do not like this Constraining of Men to Manure or use their Grounds at our Wills but rather let every Man use his Ground to that which it is most fit for and therein use his own Discretion For Halsars Cables Cordage and the like we have plentifully enough from Forreign Nations and we have divers Countries here in England make thereof in great abundance And the Bill of Tillage may be a sufficient Motive to us in this Case not to take the Course that this Bill intendeth For where the Law provideth That every Man must Plow the third Part of his Land I know it divers poor People have done so to avoyd the Penalty of the Statute when their Abilities have been so poor that they have not been able to buy Seed-Corn to Sow it withal nay they have been fain to hire others to Plow it which if it had been un-plowed would have been good Pasture for Beasts or might have been converted to other good Uses Upon this Motion all the House bad away with the Bill But it was put to the Question Whether it should be committed or no But because of Doubt the House was divided and the I I I were 103 and the Noes were 162. So the Bill was not committed After it was put to the Question for Ingrossing Upon which it was Rejected and notwithstanding a Speech Mr. Comptroller made for the Weightiness thereof it was denyed and so absolutely Rejected This was one of the Proviso's in the Bill For the Breeding and against Stealing of Horses viz. That all Justices of Assize A Proviso against Stealing of Horses in their several Circuits and all Justices of the Peace in their several quarter-Quarter-Sessions as well within Liberties as without shall have full Power and Authority to inquire of and hear and determine all Offences to be committed against this present Statute And there is a former Clause That if Sale without Voucher be made then the Person shall be apprehended and carried to the
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-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-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
deny the Bill a Commitment and so let it lye in the Deck and not put it to the Question for Ingrossing Sir George Moore said Sir George Moore against it I will be bold to give my Reason and leave the Consideration thereof unto you I wish it might be Committed for for ought I hear yet a Proviso might help all The Old Statute is The next Justice this is The Justices of the quarter-Quarter-Sessions It is intended that all Justices every quarter-Quarter-Sessions give their Attendance There have been oftentimes Letters from her Majesties Privy-Council and Orders from Her Majesty her self who looketh down with a gracious Eye upon the Meanest of Her Subjects touching these Ale-House-Keepers Therefore I wish That we do not cast it forth but give it the ordinary and due Consideration of other Bills by way of Commitment Mr. Wiseman said I am very Respectful of the Place from whence this Bill cometh if the Parliament be short as ther 's no other likely-hood and time so pretious with us that we Sit in the Afternoons and this Bill Incurable and not to be mended and the former Laws so Politique that I think we shall not make a better for my part I think it needless to be Committed but to be put to the Question For the Point that Four Justices of the Peace should License c. by this Statute though they deserve to be suppressed yet there is no Power limited of Suppression Besides there is a Statute that Badgers and Loaders shall be Licensed under Justices hands in the quarter-Quarter-Sessions I know my self that even when the Justices are going out of Town and even ready to take Horse the Clerk of the Peace will bring 40. or 50. to be signed by one and then another he straight puts to his hand because he will not stay and knows no more of the Man or the Matter than he that never read them And so would this Statute if it should go forwards be Abused Mr. Bond said Mr. Bond moves for a Proviso ' If this Act pass for a Law notwithstanding any exceptions that have been taken I humbly desire you all that one Proviso may be put in and that is That no Retainer or Servant to a Justice of Peace be admitted to be an Ale-house-Keeper Vintner or Victualler unless he shall be Chosen by a Jury of Twelve Men at the Leet or Law-day of that Burrough-Town wherein he desireth to Victual I know and speak what I know very well that more disorder and more Misrule is usually kept in the Houses of such kind of men than in all the Country besides if this stand not for a Law order may be taken for such kind of Offences The Law before alloweth two Justices I wish these Protecting Justices may not have the same Power for as some be Magistrates so they are men I know many Abuses touching Authority given to men that be Tipplers I am a Devonshire-man and I speak plainly from the Heart of him that hates Popery and defies Puritanism I add further that I am Her Majesties Subject to whose Sacred Self I acknowledge my self in all duty bound and I Pray with the Psalmist her Enemies Confundentur Mr. Speaker I know what I speak and I have Reason to speak thus by Reason of some Imputation that hath been Offer'd me by one whom in Charity I Pray God Forgive Mr. Martyn said Mr. Martyn for putting it to the Question The Gentleman that last spake it seems spake out of his Grief of mind in being galled by some Tongue-metal And I think there is no man that feeleth blowes but would be glad to be eased of them I cannot therefore blame him to purge and defend himself by this Apology But that hath led us out of the Ale-house Yet I wish that we might make a quick Return by putting it without further Disputation to the question So it was put to the Question It is Rejected whether it should be Committed and all said No No but Mr. Wingfield at which the House Laughed Then the Questions upon the continuance of Statutes were offer'd to be Read The Bill concorning Ordnance called for But the House called for the Bill concerning Ordnance yet the Clerk fell to Read the Questions but still the House cried Upon the Bill for Ordnance At length Mr. Cary stood up and said In Whom it lies to chuse what Bill shall be Read In the Roman Senate the Conful always appointed what should be read and what not So may our Speaker whose place is a Consul's place If he erre or do not his duty fitting to his place we may remove him and there have been Precedents for it But to appoint what business should be handled in my Opinion we cannot At which Speech some Hissed Mr. Wiseman said Mr. Wiseman's Opinion I Reverence Mr. Speaker in his place But I make great difference between the Old Roman Consuls and him Ours is a municipal Government and we know our own Grievances better than Mr. Speaker and therefore 't is fit that every man Alternis vicibus should have those Acts be called for he conceives most fit And all said I I I. Mr. Hackwell said I wish nothing may be done but by Consent that breeds the best Concordance My desire is Mr. Hackwel's Motion about it The Bill for Ordnance should be Read If you Mr. Speaker do not think so I humbly Pray it may be put to the Question Mr. Comptroller stood up and said Mr. Comptroller speaks against these Disorders I am sorry to see this Confusion in this House It were better we used more Silence and spake in Order Yesterday you ordered the Bill for the Continuance of Statutes should be Read now in an humor you cry Ordnance Ordnance I pray you that we first Decreed let us stick to and not do and undo upon every Idle motion Mr. Secretary Cecil said I will speak shortly Secretary Cecil Composes it because it best becomes me neither will I trouble your Patience long because the time permits it not It is a Maxim Praestat otiosum esse quam nihil agere I wish the Bill for continuance of Statutes c. may be Read and that agrees with the precedent Order of this House and more with the Gravity thereof yet because this Spirit of Contradiction may no more trouble us I beseech you let the Bill for Ordnance be Read And that 's the Houses Desire The Bill against Transportation of Iron-Ordnance Gun-metal ' and Shot was Read And Sir Robert Wroth Informed the House That a Ship is now upon the River ready to go away Laden with Thirty Six peeces of Ordnance It was put to the Question Whether the Statute concerning the Poor should be continued and all cried I I I. Mr. Secretary Cecil said Secr. Cecil about Maimed Souldiers I am sorry that I have so great Occasion to Recommend to the Houses Consideration the miserable estate of Maimed Souldiers War
Inform you that the Gentleman that had the Patent hath made a voluntary and willing Surrender thereof laying the same even at Her Majesties Feet which Her Majesty most Gratiously and Willingly Accepted Now my Motion is this I know their Bill is coming and that the Parliament will be short If we shall read Ours and they send Theirs this will breed Disputation perhaps Confusion and so in so good and necessary a Cause just nothing done but both neglected Therefore my desire is we may tarry for Theirs But the House would have it Read viz. A Bill against Transportation of Money Coin Plate Ordnance c. On Wednesday Decemb. 16. A Bill for the Change of the Sirnames of those that shall Marry the two Daughters and Heirs of William Waller Esq into the Name of Debden was read the first time A Bill for Relief of the Poor was Read and Ordered to be Ingrossed A Bill to make the Lands and Tenements of Edward Lucas Gentleman Deceased Executor of the last Will and Testament of John Flowerdewe Esq Deceased liable to the payment of certain Legacies given by the last Will of the said Flowerdewe and to the payment of divers other Debts owing by the said Lucas in his Life time was read and Ordered to be passed The Bill for the Appeasing of certain Controversies between Francis Ketleby and Andrew Ketleby and Jane his Wife The Substance of which is that the Matter shall be referred to Sir Robert Cecil Sir Walter Rawleigh Sir Francis Hastings Sir Edward Stafford c. And their Award to stand Good A Bill for the necessary Relief of Souldiers and Marriners was read and Ordered to be passed A Bill for the true making of Woollen-Cloth was read and Ordered to be passed with a Proviso In the Afternoon A Bill concerning Captains Souldiers and Marriners A Bill about Souldiers and Mariners c. was read the second time and by Reason of the Generality of the Bill it was much excepted against by Sir Walter Rawleigh and others Mr. Glascock said Mr. Speaker Mr. Glascock speaks to it and against Justices of the Peace I have something Touching this Bill to deliver to the House in discharge of my Conscience And I do humbly and heartily pray you all to hear me patiently and quietly without Interruption I have been observed Mr. Speaker to be an Enemy to Justices of the Peace and to have spoken Irreverently and much against them For my own part I mind now to make my last Speech for this Parliament and this Protestation withal That I never used any Irreverent Language towards those whose Honesty joyned with their Authority and make themselves Famous under the Title of Upright Justices My Speech was never uttered against them but against two sorts of Justices that have Authority at the Commission of Musters for a I within the County are Authorized Generally by the word Justices by whom I would be loath to be Yoaked or Commanded The first is the Uncircumcised Justice of Peace the other The Adultering Justice of Peace The Uncircumcised Justice Two sorts of Justices of the Peace called Vncircumcised Adultering Justices is he who from base Stock and Linage by his Wealth is gotten to be within the Commission And I call him Uncircumcised because he hath not cut off the Fore-skin of his Offences and so by his Vertue wiped away the blot or stain of Baseness in his Birth and Linage The Adultering Justice is he that is a Gentleman-Born Vertuous Discreet and Wise yet Poor and Needy And so only for his Vertues and Qualities put into the Commission This Man I hold unfit to be a Justice though I think him to be a good Member in the Common-Wealth Because I hold this for a ground Infallible That no poor Man ought to be in Authority my Reason is this he will so Bribe you and Extert you that the sweet Scent of Riches and Gain takes away and confoundeth the true Taste of Justice and Equity For the Scripture saith Munera excacant ocules Justorum and Justice is never Imprisoned and Suppressed but by Bribery And such kind of Ministers I speak of And I call him an Adulterating Justice because look how many Bribes he taketh so many Bastards he begets to the Common-wealth Then let us see whence these Justices do come and how they be made It cannot be denied but all Justices are made by the Lord-Keeper then he is in fault and none else For my own Opinion I have ever held him to be a Man both Honourable Grave and Wise so Just that never was the meanest Subject so Wronged that he ever Complained Therefore his Justice cannot be Taxed I but his Care may for he only maketh them No I may more easily Excuse him than our selves for he maketh none but such as have Certificates Commendatory from the Justices of Assize Why then they be in fault for impossible it is my Lord-Keeper should know the Quality and Sufficiency of them himself but only Per aluim in trust as by the Justices of Assize No the Gall lies not there for they neither by Reason they are not always rideing one Circuit are well acquainted with the natures of those secret Justices but when any desireth to be a Justice he getteth a Certificate from divers Justices of the Peace in the Country to the Justices of Assize Certisying them of their Sufficiency and Ability And they again make their Certificate believing the former to the Lord-Keeper who at the next Assizes puts them into Commission And thus is the Lord Keeper abused and the Justices of Assizes abused and the Country Troubled with a Corrupt Justice put in Authority The Cause comes only from the Justices themselves And who be they Even all of you here present or most of us My Suit therefore is That you will abstain from such Commendations and hold your Hands from Writing Iniquity and doing so Sinful a Deed as to Commend an unworthy Person and not to Commend a Worthy and Deserving Subject And I think this a position both true and publique that it is as great a Sin to add to the Unworthy as to detract from the Worthy And Mr. Speaker if these Men may be excepted out of the Bill I will not only be ready to go but to run forth to have so good a Law Established Then Mr. Townshend the Collector of this Journal stood up and shewed That in too much Generality there never wanted Error And so in this Bill being too General namely all from the Age of Eighteen to Sixty must appear at Musters and may be Prest no exception of any and therefore no Profession exempted It is not unknown unto you that by Profession I am a Lawyer and therefore unfit to be a Professor of the Art of War Therefore I pray that it would please the House if they would Commit the Bill to Commit it to be returned on the last Day of the next Parliament or else that as a Worthy
toleration of such offences shall be suffered Next That ye inquire what Places and persons are fit to be suppressed and looked unto Ordinary-tables Tippling-houses some even Brothel-houses or worse in which both of Muttons Veals and Lambs there is continually made an unmeasurable expence But consider who are the men that devour the Substance of the Land which should sustain us all what kind of men be they even your discoursers which do introduce Novelties and slander the State the most pestilent seditious and dangerous Members of the Land In rooting out these men you shall shew the best part of your duties to God and her Majesty which her Majesty expressly chargeth you to take special heed of I am also to remember you what good Laws were lately made for the punishment of vagrant Rogues and sturdy Beggars To relieve poor Souldiers and for the provision of poor Souldiers the neglect of which duty in not seeing these good Laws executed will draw Gods curse and displeasure upon us And therefore order by you ought to be taken that those which be poor be relieved and idle persons suppressed which do mispend the good gifts of God plentifully bestowed upon us That you look the poverty of Souldiers be relieved according to their quality and degree and that twenty pounds by the year be not given to some when others far poorer have but forty shillings by the year And therefore look that those Laws that were last made be not last but first put in execution These be matters and crimes which if they be not amended the Commonwealth and State may still stand and languish though not perish But there is another matter of great importance which if it be not looked unto will overthrow even the body of the State it self which none can or will deny unless he be given over to a senseless stupidity It is not unknown what Plots have been and are laid against the Queens Person whom God preserve and the body of the State by those we call Jesuits unnatural Vipers ready to eat out the belly of their Mother who being now grown to some strength and head do proceed with more violence and greater malice in their actions than ever heretofore They have made unto them an Archpriest and Ruler About Jesuits and secular Priests their practices the principal Agent against God the Queen Religion and the State because they might execute their dangerous Enterprizes and Designes with a kind of conjoyned Unity They do not stick to determine even in the height of their pride great yea even the greatest matters In this the Secular Priest is no Agent neither dangerous in that degree to the State for as there be degrees of Offences so are there degrees of Offenders But I excuse not the Secular Priest and therefore therein I pray you mistake me not for what Writings and Books have been extant and are given out of their Quarrels and Controversies and I warn you to take heed of them There be three Workers in the subversion of the State First the Jesuit secondly the secular Priest and thirdly a kinde of Parson of our own Religion yet as he thinketh of a more pure spirit disliking onely the government of the Church and State These her Majesties pleasure is That you should be more diligent to search out than you have been and to observe who entertains these in their houses which be of the Catholick Roman Religion Those that incur the danger of the Law let them now look for execution howsoever offences heretofore have been tolerated by Magistrates not doing of their duties Many are Justices of the Peace but what do they but maintain Quarrels Stirs Controversies and Dissention betwixt their Neighbours We have two evident Examples the one in Gloucestershire the other that was moved this morning viz. in Sir Thomas Throgmorton's Case The thirst after this Authority Concerning Justices of the Peace proceedeth from nothing but an ambitious humour of gaining of Reputation amongst their Neighbours that still when they come home they may be presented with Presents and that they may sit high on the Bench in the quarter-Quarter-Sessions that they may maintain and buy Titles Is there any more fervent than others in the business of the Commonwealth he straight hath given him the Epethite of a busie Jack but I know there be many good and I wish their number were increased but who be they even the poorer and meanest Justices by one of which more good cometh to the Commonwealth than by a hundred of greater condition and degree And thus much I had in commandment to say to Justices of Peace to Commanders to Constables and other inferiour Officers To you who be Justices of Assize there yet remaineth by her Majesties express commandment a further Charge and Admonition to be delivered That you see the great offences which heretofore have not been to be hereafter punished And her Majesty said she hath chosen you to be Justices for your wisdom and integrity and she hath divided you by two's in several Circuits to ride twice every year that the one might be aiding and assisting to the other not onely to try a Nisi prius or decide some petty Cause but with special care and diligent observance to look into the disorders of your Circuits suppose for the purpose in Norfolk although truely I think that County is best govern'd and I would say more if he which rideth that Circuit were absent To examine Justices touching Misdemeanours to inform her Majesty how many Ale-houses they have pulled down how many Priests they have taken and who harbour them and of all these matters to give an account to her Majesty at your return that she taking notice from you the good Justices may be rewarded and the evil removed Your not doing of this breedeth nothing but impunity which is dangerous in the State and the very root of Sedition and Rebellion And Clemency of this nature is Crudelis Clementia but the other Securitas Salutaris Her Majesty commanded me to say unto you that she would have you spend more time in understanding the faults and grievances in every of your Circuits than you have heretofore done for she saith that she hath not been informed of any more than of one onely This you may well do and she commandeth it to be done the times being so peaceful which I hope will continue And as God hath blessed her Majesty these Forty four years amongst us so I hope God will yet lengthen her days for the continuance of which we ought all to pray for FINIS AN Alphabetical TABLE Of the most material BILLS DEBATES and other Matters Contained in this BOOK A ACcomptants a bill for satisfaction against them p. 83 Ale complained of by Mr. Johnson that 't is as strong as Wine and will burn like Sack p. 181 Ale-houses a bill to suppress their multitude p. 135 No man to frequent any within two miles of his own dwelling p. 196
House cried I I I. No quoth the Secretary you must stand at the Bar. And the House cried No No No. Then Mr. Secretary desired it might be put to the Question Whether he should speak or No And so it was and not Twenty said No. Then it was put to the Question Whether he should speak at the Bar or No And Mr. Brown the Lawyer stood up and said Mr. Speaker Par in Parem non habet Imperium we are all Members of one Body and One cannot Judg of Another So being put to the Question there were not above twelve I I I that he should stand at the Bar. Whereupon Mr. Martyn standing in his Seat shewed the Cause of his Speech to have been only for the Order of the House and not out of any Perswasive meaning that he had For he protested he neither knew the Man nor the Matter On Thursday Decemb. the Tenth A Bill for the Denization of certain Persons viz. Josepho Lupo and others was Read And because the said Josepho Lupo had neither Father nor Mother English the House respited the Bill A Bill for the Weavers was put to the Question and Committed the time and place of Meeting to be this Afternoon in the Exchequer-Chamber The Bill for the Assize for Wood was Ordered to be Ingrossed The Bill touching the taking away Gavel-kind-Custom in Kent was Read A Bill about Gavel-kind c. And Mr. Francis Moore said He thought the Bill a very Idle and frivolous Bill and Injurious For Mr. Moore against Repealing it if a man take a Wife by the Custome she shall have a Moyety but now if we make it go according to the Common Law she shall have but a Third part So if the Father committed a Felony and be Hanged the Son shall not lose his Inheritance because the Custom is The Father to the Bough and the Son to the Plough which at the Common Law he should lose Mr. Serj. Harris said I think this Bill a very good Bill Serj. Harris to have it Repealed for it defeats a Custom which was first devised for a Punishment and Plague upon the Country For when the Conquerour came in the Reason of this Custom was To make a Decay of the great Houses of the Old English for if a man of 800. l. Per Annum had eight Children now it must be divided into eight Parts And then if they had Children it must be subdivided again usque in non quantum where if it had gone to one as by the Common Law it would still have Flourished Mr. Boys amongst many Reasons shewed Mr. Boy 's of a contrary mind It would in Kent be a great loss to the Queen in her Subsidy for by reason of these Subdivisions there were many Ten-Pound men And whosoever knows the state of our Country shall find more under Ten Pound men than above come to the Queen and now if these being divided into several hands should now go according to the Common Law this would make the Queen a great Loser This Bill being put to the Question The Bill is Rejected the Noes were the greater yet the I I I would needs go forth and upon division it appeared the I I I were but 67. and the Noes 138. and so the the Bill was Rejected The Bill for suppressing Ale-houses A Bill to Suppress Tipling-Houses and Tippling-houses was Read Mr. Francis Moore offered a Proviso to the House Mr. Moore and shewed That he was of Councel and had a standing Fee from the Corporation of Vintners in London And shewed That they were an Ancient Corporation and had ever used by force of divers Charters of Kings of this Realm to sell Wine and now by this Bill all was inhibited And therefore Pray'd the Provise might be received which was received M. Johnson said Mr. Johnson against it If this Bill should Pass it would breed a great Confusion of Government for by this Law the Justices of the County may enter into the Liberties of any Corporation and License Sale of Wine and Beer Besides he must be Licensed by four Justices perhaps there be not four Justices in a Corporation Admitting Power were not given to the Foreign Justices now when these four Justices have enabled him by this Law they have no Power by this Law upon his misbehaviour to put him down and so very Insufficient and impossible to be Mended Sir Robert Wroth said Sir Rob. Wroth against it The Bill is That no Man shall c. but he must be allowed in the Quarter-Sessions by four Justices And what pain and Charge this will be to a poor man to go with some of his Neighbours 20 or 30 miles for a License And what a monstrous Trouble to all the Justices I refer it to your considerations The Speaker certified a Message from the Lords Sir Edward Hobby said We attended the Lords this morning touching the Information against Mr. Belgrave and in the end concluded That forasmuch as it concerneth Their as well as Our Privileges they desire some time to Consult and then will send us word of their Resolutions Doctor Stanhop and Doctor Hone brought a Bill from the Lords Intituled An Act for the Stablishment of the Remainder of certain Lands of Andrew Ketleby Esquire to Francis Ketleby And so they departed Mr. Spicer said If I should not agree to the Substance of the Bill I were no good Commonwealths-man And if I should agree to the Form I should scarce think my self a good Christian for I may justly say of this Bill Nihil est ubi error non est Mr. Laurence Hide moved That in respect it came from the Lords we would give it a Commitment Mr. Serjeant Harris said If this Bill should pass as was well said we all should lose the Liberties of our Corporations And Her Majesties Justices at the Sessions Serj. Harris against it should be troubled with Brables of Ale-Houses The Statute of Ed. 6. hath had Approbation these half Hundred Years and I wish we may not Repeal a good Law to make a worse Mr. Richard Brown said Mr. Brown against it Wines heretofore have been at Ten Pound a Tun and the Laws are That Wines should be sold at Two Pence the Quart and Her Majesty Receiveth One Thousand Six Hundred Pounds a Year Custom for them If now this Statute should stand that Four Justices should License the sale of Wines this would be a wrong to divers Licenses which are made by Pattentees of her Majesty and a beggaring of all Vintners And he that now keeps an Inn if he pleases not the Justices he shall be turned out And withal there is a Clause of disability which is most grievous Sir Robert Wroth said It seemes the House doth distast this Bill and I doubt of the Passing of it I would but move the House to remember That it is an Ancient Custom that for Reverence sake to the Lords of the Upper-House we only