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
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
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
mean not to search it or answer him Only I turn him to Solomon and mean to answer him with Silence Without Going to Church or Doing Christians Duties we cannot be Religious and by Religion we learn both our Duties to God and the Queen In doing our Duty to God we shall be the better able to do our Duty to our Prince and the Word biddeth us That we should give unto God that which is due unto God Et Caesari quae sunt Caesaris Amongst many Laws which we have we have none for Constraint of God's Service I say none though one were made primo Reginae because that Law is no Law which takes no Force for Executio Legis vita Legis Then let not us give such Cause of Comfort to our Adversaries that having drawn a Bill in Question for the Service of our God we should stand so much in questioning the same Once a Month coming to Church excuses us from the Danger of the Law but not from the Commandment of God who saith Thou shalt Sanctifie the Sabbath-Day that is every Sabbath This Bill ties the Subject to so much and no more which being agreeable to the Law of God and the Rule of Policy I see no Reason we should stand so strictly in giving it a Commitment Mr. Bond said I wish the Sabbath to be Sanctified according to the precise Rule of God's Commandment Mr. Bond against the Bill But I wish that St. Augustine's Rule may be observed in the Manner Non jubendo sed docendo magis monendo quà m minando I like not that such Power should be given to the Justices of Peace for Who almost are not grieved at the Luxuriant Authority of Justices of Peace By the Statute of 1 Ed. 3. they must be good Men and Lawful no Maintainers of Evil but Moderate in Execution of Laws For Magistrates are Men and Men have alwayes attending on them two Ministers Libido Iracundia Men of this Nature do subjugate the Free Subject Clerks can do much Children more and Wives most It is dangerous therefore to give Authority in so dangerous a thing as this which I hold worth your second Thoughts Quae solent esse Prudentiores Her Majesty all the Time of Her Reign hath been Clement Gracious Meek and Merciful yea choosing rather Delinquere I know not how to term it in Lenity but not in Cruelty But by this Statute there is a Constraint to come to Divine Service and for Neglect all must pay Plectentur Achivi The Poor Commonalty whose Strength and Quietness is the Strength and Quietness of us all he only shall be Punished he Vexed For will any think that a Justice of Peace will contest with so good a Man as himself No This Age is too Wise I leave it to this House Whether it stands with Policy when Four Subsidies and Eight Fifteens be now Granted to bring the Poorer Sort into a greater Fear by these and such like Laws Malus Custos Diuturnitatis Metus And in the Gracious Speech which Her Majesty lately deliver'd unto us She used this Phrase That She desired to be beloved of Her Subjects It was a Wise Speech of a Wise Prince for an Historian saith Timor excitat in vindictam Therefore Mr. Speaker I mislike the Bill in that Point touching Justices as also touching Taxation And I will only say thus much with Paphnutius in the Nicene-Council Absit quòd tam grave jugum fratribus nostris imponamus Mr. Comptroller said I am sorry after Forty Three Years under her Majesties happy Government that we should now Dispute or Commit a Bill of this Nature Mr. Comptroller for the Bill And I wonder that any Voice durst be so bold or desperate to cry Away with this Bill The old Statute gives the Penalty this new one onely speedy means to Levie it And I much marvail that Men will or dare accuse Justices of the Peace Ministers to her Majesty without whom the Common-Wealth cannot be If this boldness go on they will accuse Judges and lastly the Seat of Justice it self That all Justices should be thus generally accused this is meer Barbarisme indeed when her Majesty shall have Understanding thereof it will be no Contentment unto her and a Scandal unto us all Mr. Glascock said Mr. Glascock's Apology for having Taxed the Justices of Peace In that I am Taxed to Tax Justices of the Peace I am to pray the House to give me leave to make an Apology for my self Mr. Speaker I will not deny That that I spake Yesterday but upon my Salvation I speak and protest it in mine own Conscience I spake it only of the Inferior sort of Justices Against these I will not speak that I spake last but other matter in other terms they be like the Wise Men of Chaldee that could never give Judgment till they saw the Intrailes of Beasts Our Statutes Penal be like the Beast called _____ Born in the Morning at his full Growth at Noon and Dead at Night So these Statutes are quick in Execution like a Wonder for Nine Days and that 's a Wonder they continue so long soon after they be at the height but by the end of a Year they are carried Dead in a Basket to the Justices House Mr. Speaker said The Speaker Opposes and tells him He must justifie his Calumnies Mr. Glascock you speak from the Matter and Purpose and this you have spoken you must justify Mr. Martin said I am the rather willing to speak in that I would willingly have an end of this Matter Mr. Martin I think we all agree upon the Substance That it is fit the Sabbath should be Sanctified The other Matter which is the Impediment I know it is a Grief but I leave it as Matter more fit to be decided at a Committee than here And therefore for the Honour of the Queen and of Her Government I wish it may be Committed without any further Argument Sir Robert Wroth said I think the Office of a Justice of Peace is too good for him that exclaims against it Sir Robert Wroth would have Glascock brought to answer at the Bar. and I think he will never have the Honour to have it It were good that he named them and that he were enjoyned to tell who they were he spake so meanly of Otherwise Honest Men will be loth to Serve the Queen when they shall be slandered without Proof Which the House is against Therefore I would that he might Answer it at the Bar. And all cryed No No No. Mr. Johnson said Mr. Johnson Seconds Sir Robert Wroth. This Bill is an excellent good Bill And I have observed in all Speeches yet spoken it hath been interlarded with other Matter The Gentleman now protesteth He spake of Basket-Justices I appeal to the whole House whether his Definition was not General viz. A Justice of Peace is a kind of living Creature that for half a Dozen of Chickens will dispense
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
malum The malice of our Arch-enemy the Devil though it was always great yet never greater than now and that Dolus and Malum being crept in so far amongst men it was necessary that sharp Ordinances should be provided to prevent them and all care to be used for her Majesties preservation Now am I to make unto your Majesty three Petitions in the names of your Commons First That liberty of Speech and freedom from Arrests according to the ancient custom of Parliament be granted to your Subjects That we may have access to your Royal Person to present those things which shall be considered of amongst us And lastly That your Majesty will give us your Royal Assent to the things that are agreed upon And for my self I humbly beseech your Majesty if any speech shall fall from me or Behaviour found in me not decent and unsit That it may not be imputed blame upon the House but laid upon me and pardoned in me To this Speech the Lord Keeper having received new Instructions from the Queen he replied HE commended the Speaker greatly for his Speech Lord Keeper's Reply and he added some Examples for the Kings Supremacy in Henry the second 's time and Kings before the Conquest As for the Deliverance we received from our Enemies and the Peace we enjoyed he said the Queen would have the praise of all those to be attributed to God onely To the Commendations given to her self she said Well might we have a wiser Prince but never should they have one that more regarded them and in Justice would carry an evener stroke without acceptation of Persons and such a Princess she wished they might always have Yo your three Demands the Queen answereth Liberty of Speech is granted you but how far this is to be thought on there be two things of most necessity and those two do most harm which are Wit and Speech the one exercised in Invention the other is uttering things invented Priviledge of Speech is granted A good caution about liberty of speaking in the House but you must know what Priviledge you have not to speak every one what he listeth or what cometh in his brain to utter but your Priviledge is to say Yea or No. Wherefore Mr. Speaker her Majesties pleasure is That if you perceive any idle heads which will not stick to hazard their own Estates which will meddle with reforming of the Church and transforming of the Common-wealth and do exhibit any Bills to such purpose That you receive them not until they be viewed and considered of by those whom it is fitter should consider of such things and can better judge of them To your Persons all Priviledge is granted As also about priviledge of their persons with this Caveat That under colour of this Priviledge no mans ill doings or not performing of duties be cover'd and protected The last free Access is also granted to her Majesties Person so that it be upon urgent and weighty Causes and at times convenient and when her Majesty may be at leisure from other important Causes of the Realm After this Speech was ended the Lord Keeper continued the Parliament in manner and form following Dominus Custos Magni Sigill ex mandat Dominae Reginae continuavit praesens Parliamentum usque in diem Sabbati prox futur This day was returned the Proxie of John Bishop of Carlisle by which he constituted John Archbishop of Canterbury John Bishop of London and Matthew Bishop of Durham his Proctors quod nota On Saturday Feb. 24. a Bill for restraining and punishing vagrant and seditious persons who under fained pretence of Conscience and Religion corrupt and seduce the Queens Subjects prima vice lect Eodem die Returnat est Breve quod Richardus Wigorn. Episcopus praesenti Parliamento interesse summonebatur idem Episcopus ad suum praeheminenciae sedendi in Parliamento locum admissus est salvo cuiquam jure suo Dominus Custos magni Sigill continuavit praesens Parliamentum usque in diem Lunae hora nona This day was returned the Proxie of John Archbishop of York by which he constituted onely one Proctor viz. John Archbishop of Canterbury quod nota Feb. 25. Sunday On Munday Feb. 26. Returnatum est Breve quo Edwardum Dom. Cromwel praesenti Parliamento interesse summonebatur qui admissus est ad suum praeheminenciae sedendi in Parliamento locum salvo jure alienae The Writ returned whereby Gilbert Earl of Shrewsbury was summoned The several Writs returned whereby George Bishop of Landaff William Lord Compton and Edward Earl of Worcester were summoned It seemeth by the Journal-book that nothing else was done this day but the Parliament continued in usual form As on Thursday the 22th of February and on Saturday the 24th day of the same month two extraordinary Proxies were returned from two Spiritual Lords the first constituting three Proctors and the other but one for the most ordinary use of the Bishops is to constitute two Proctors So also on the 27th of February being Tuesday though the Lords did not sit yet was one unusual Proxie returned from another Spiritual Lord who constituted but one Proctor to give his voice in Parliament in his absence whereas it is before often observed no Temporal Lord nominateth usually above one Proctor and no Spiritual Lord fewer than two This said Proxie is thus entered in the Journal-book of the 35 year of the Queen at the beginning of it 27º Februarii introductae sunt Littera Procuratoriae Thomae Wintoniensis Episcopi in quibus Procuratorem suum constituit Johannem Archiepiscopum Cantuariensem On Wednesday Feb. 28. two several Writs were returned whereby John Bishop of Bath and Wells and Matthew Bishop of Durham were summoned to come to this Parliament who accordingly took their places Also this morning two Bills had each of them one reading Nota That because the dayly continuing of the Parliament in these words Dominus Custos Magni Sigilli continuavit praesens Parliamentum c. being but matter of course is omitted in all the Journal afterwards unless something extraordinary and unusual doth happen in respect of the Person time or manner On Thursday March 1. March 1. two Bills were each of them once read On Saturday March 3. to which day the Parliament had on Thursday been continued four Bills had each of them one reading March 4. Sunday On Munday March 5. three Bills were read and the second upon the second reading was committed to be ingrossed Nota This day also was returned a Proxie for a Temporal Lord by which he constituted two Proctors which because it is extraordinary and unusual I desired to have it inserted and the rather because of eight other Temporal Lords none of them constituted above one Proctor according to the ordinary practice both in these times and since The said Proxie before mentioned is thus entered in the beginning of the original Journal-book of this Upper House of Parliament Quint. Marcii
as to the Queen as for two parts of the Profits to be answered her and so all Sales hereafter to be made by any Recusant convicted the Sale being bona side The sixth They shall be disabled to be Justices of the Peace Mayors or Sheriffs The ninth Children being ten years until they be sixteen to be disposed at the appointment of four Privy Counsellors the Justices of Assize the Bishop of the Diocess Justice of the Peace And if the third part of the Land suffice not for maintenance the rest to be levied of the Parents Goods The eleventh Recusants that be Copyholders to forfeit two parts to the Lord of the Mannor if the Lord be no Recusant and if he be then to the Queen The thirteenth Protesting that he doth not come to Church under colour of any Dispensation or other allowance from the Pope but for Conscience and Religion Sir Robert Cecill AS I remember Cecill's Speech I have been of this House these five Parliaments and I have not determined to say any thing in these Assemblies further than my Cogitations should concur with my Conscience in saying bare I and No. Give me leave I pray you to rehearse an old Saying and it is in Latine Nec te Collaudes nec te Vituperes ipse For me to do the one were exceeding Arrogancy and to do the other I confess I hope you will pardon me The occasion of this Parliament which I take to be by that which we received from the honourable and learned Speech of the Lord Keeper as of and from her Majesty to us in the Higher House is for the cause of Religion and the maintenance thereof amongst us the preservation of her Majesties most Royal Person and the good of this Realm our Country All which because they be things of most dear and nearest price and at this present in exceeding great and eminent danger it is behoveful to consult of most speedy remedies which in parcels should proceed from the most wise heads The Enemy to these is the King of Spain whose malice and ambition is such that together with the Pope that Antichrist of Rome for I may well couple them together the one being always accompanied with Envy and Prosperity the other with unsatiable desire makes them by all means seek the subversion of this State But concerning the first the Cause of God and his Religion which her Majesty professed before she came on this Royal Seat which she hath defended and maintained and for which cause God hath so blessed her Government ever since her coming to the Crown yea while the Crown was scarce warm on her head she abolished the Authority of Rome and did set up God's Truth amongst us and to her great Renown made this little Land to be a Sanctuary for all the persecuted Saints of God whereby the People perceived her Magnanimity Zeal and Judgment Magnanimity in understanding so great an Enterprize Zeal in professing the same not of shew but in sincerity Judgment in defending it and preventing all the Popes designes He set forth his Bulls and Missives against her Majesty thereby most unnaturally depriving her of her most natural Right Duty and Loyalty which her Subjects should owe unto her c. Here he touched the many dangers which her Majesty had been in which as it caused him to fear to think so it did cause him to tremble to speak concerning the danger of our Country and so the loss of our Lives Liberties Wives Children and all other Priviledges Let me not trouble you with things passed so long and perhaps beyond my reach but of things passed of late years and since 88 when as we were so secure and never thought the King of Spain would have set up his Rest for England then sent he his Navy termed Invincible and had almost been upon the backs of us before we were aware yea we were so slack in Provision that it was too late to make resistance had not God preserved us his attempt against us by seeking to win the Low Countries and to obtain Ireland which being but trifles and partly devices which I mean not to trouble you with He hath now of late gone about to win France wherein he hath greatly prevailed as in Lorain and in other parts as you have heard but especially in Britain having most part of the Port-towns in his possession whither he still sends Supplies dayly and re-enforceth them every four or five months which Port is always open and his men and forces never wanting This Province he especially desireth for it lieth most fitly to annoy us whither he may send Forces continually and there have his Navy ready to annoy us the which he could not otherwise so easily do unless he had the Wind in a bag Besides having this Province he will keep us from Traffique to Rochel and Bourdeaux as he doth in the Streights from Tripoly and St. Jean de luze and so hinder us from carrying forth or bringing in into this Land any Commodities whereby this Realm might be inriched and her Majesties Impost ever increased being one of the greatest Revenues of her Crown He hath also gone about with them of Stode and the King of Poland one of his own Faction and who by reason he cannot do in that Kingdom what he listeth he may easily command him to impede or hinder our Traffique in those Eastern parts which if he could bring to pass you see how hurtful it would be to this Land But to descend yet more lower and into these latter Actions he hath seen it is but a folly to endeavour to make a wooden-bridge to pass into England therefore he hath found out a more sure way and stronger passage unto it by Land and that by Scotland which though it be not talked of at the Exchange nor preached of at Paul's Cross yet it is most true and in Scotland as common as the High-way that he hath procured to him many of the Nobility there It is true he hath sent thither no Navy and if he had endeavoured it her Majesty would not have suffered him yet do she what she can some paltry Fly-boat may escape her Majesties good Ships and carry Gold enough in her to make them Traytors and stir them to Sedition These things her Majesty understood before and advertised that King thereof but he not so well conceiving thereof hath by the effect proved the other true And unless I be deceived the last Letter that came from thence the other night sheweth that King is gone to make a Road into the North and to bring Back the Lord Bothwell and the Lord Huntley The King of Spain's malice thus dayly increaseth against us and seeketh also to stir up Sedition amongst us by his Instruments the number also of Papists dayly increaseth or at leastwise be more manifested My advice is That you would consult which ways to withstand such eminent dangers which the greater they be the sooner they
the manner For the first he fell into commendations of the Commonalty for the second the manner which was speedy not by perswasion or perswasive inducements but freely out of duty with great contentment In the thing which you have granted her Majesty greatly commendeth your confidence and judgments and though it be not proportionable to her occasions yet she most thank fully receiveth the same as a loving and thank-ful Prince And that no Prince was ever more unwilling to exact or receive any thing from the Subject than she our most gracious Soveraign for we all know she never was a greedy Grasper nor siraight-handed keeper And therefore she commanded me to say That you have done and so she taketh it dutifully plentifully and thank-fully For your self Mr. Speaker her Majesty commanded me to say That you have proceeded with such wisdom and discretion that it is much to your commendations and that none before you have deserved more And so he ended after an Admonition given to the Justices of Peace That they would not deserve the Epethites of prowling Justices Justices of Quarrels who counted Champerty good Chevesance sinning Justices who did suck and consume the Good of this Commonwealth and also against all those that did lie if not all the year yet at least three quarters of the year in the City of London After these Speeches ended They are dissolved her Majesty gave her Royal Assent to nineteen Publick Acts and ten Private Acts and then the Parliament was dissolved by the Lord Keeper of the great Seal of England A perfect Journal of every days Proceedings in the House of Commons at the Parliament beginning at Westminster the xxvijth day of October Anno 1601. and in the 43. Year of the Raign of Q Eliz. and ending the xixth day of December then next following Collected by Mr. Heyward Townshend one of the Members of the said House THe first day of the Parliament The Queen goes to the Parliament in an open Chariot with a Canopy of Silver about three of the Clock in the Afternoon the Queens Majesty went by Land to westminster-Abby riding in a Chariot made all open only like a Canopy over her head being of Cloth of Silver with all the Bishops and Lords in their Parliament Robes according to their Degrees being marshalled by the Heraulds Where was made unto her a Sermon after the hearing whereof she went to the Upper-house of Parliament where being sate a while and the Knights and Burgesses of the Lower-house being sent for the door kept so that they went not all in notwithstanding some were within by some special means before and heard the Lord-keepers Speech made unto them which is after in effect delivered by Mr. Secretary Cicil Some of the Commons discontented in the Lower-house So that after the Knights and Burgesses had staid a good while it was told them That the Lord-keepers Speech was done and thereupon every man went away discontented In the mean time whilst her Majesty was at Sermon the Lord-Admiral came into the Court of Requests Admiral and there began to call the Knights and Burgesses by the Poil and also to swear them at the same time But because that course seemed too tedious he staid whilst Sir William Knowls Controuler of the household Sir John Stanhopp Vice-Chamberlain Sir Robert Cicil Principal Secretary of State and John Herbert Esquire second Secretary came who were all coming up from the Upper house together and then only the Knights and Burgesses were called After that the Lord Admiral and Mr. Secretary Cicil went up to the Upper-house but Mr. Controuler Sir John Stanhopp and Mr. Secretary Herbert went to the space before the Parliament House door where they sware all the Lower-house confusedly four at one time six at another eight at another taking their names that swore and who not and still as every man was Sworn he went into the house and to his place as best liked him VVhen all were Sworn and the Queen come to the Upper-House and the Lord-Keepers speech ended Then all the Privy Councel of the Lower-house came in thither and sate quiet a while and then putting their heads together Mr. Controuler stood up and spake to this effect That it was an Antient Custom in that House The Comptrouler speaks first that at those times some Man should break silence and I must confess at this time it belongs to my place It is needless to shew the use of this House because it s well known to all or most here All men knows that the speech of a multitude breedeth confusion and dissention It is therefore fit for us to chuse one to be our Speaker which for his experience may speak and for his sufficiency dare and can speak on all our Behalfs and Affairs Neither doth it stand with the Honor and Antient Usage of this House to speak but by one Neither is it answerable to the State of her Majesty to deliver unto her our mindes by the Tongues of a confused Multitude Then we are to fall into consideration what manner of person he shall be First A man Religious for Religion ought to be the foundation of our building and labour Then Honest Grave VVise Faithful and Secret These Vertues must concur in one Person able to supply this place Now having delivered unto you the necessity of a Speaker and his qualities I will deliver unto you my Opinion whom I think fit for the place referring it to your consideration and for my own part He Recommends the Recorder of London for their Speaker who seems to Admire at it not prejudicing the VVorth of any in this House I deem Mr. John Crook Recorder of London a most fit and worthy and able man for this Service At which words Mr. Crook put off his Hat with a kind of strange Admiration whose Sufficiency in all respcts and his Loyalty and Faithfulness to do our Common-wealth service is well known unto us and hath been often approved by his learned Speeches diverse times delivered before her Majesty I do not attribute so much to mine own Choice that I presume to assure you there is no Man here fitter for the same than he is but I only make bold to deliver my Opinion leaving the choise of him or any other to the free Election of every particular Member of this House And for the motion which hath been made touching the keeping out of the house during the time of the Lord Keepers Speech I do assure you it was not willingly done but through Ignorance of the Groom of the Chamber but if the House be desirous to hear the Effect thereof I will intreat some that were there at that time to satisfiy their desires The cause of which preclose was for that one Mr. Leigh during the time of the Commons swearing made a complaint to Mr. Controuler sitting in the House that they toook it in great disgrace that they were shut out After which
the Poor as well as the Rich not to be Exempted Sir Walter Rawleigh said Sir Walter Rawleigh I like not That the Spaniards our Enemies should know of our Selling our Pots Pans to pay Subsidies well may you call it Policy as an Honourable Person alleadged but I am sure it Argues Poverty in the State And for the Motion that was last made Dulcis tractus Pari Jugo Call you this Par jugum when a poor man payes as much as a Rich And peradventure his Estate is no better than it is set at or but little better When our Estates that are Three or Four Pounds in the Queens Book it is not the Hundredth part of our VVealth therefore it is neither Dulcis nor Par. Mr. Secretary Cecil said Secretary Cecil That now seeing one of the weightiest Matters and Causes of Calling of the Parliament was agreed upon he doubted not but we should have a quick Parliament and speedy Payment But for that Gentleman that said on my right Hand Mr. Francis Moore That the Subsidy was the Alpha and Omega of this Parliament I think he spake it not simply out of Humour but rather upon Probability For I can assure you her Majesty is so Respective over you touching her Laws which she desireth may be perused and amended That she meaneth not to Dissolve this Parliament until something be mended For that I said touching the Spaniards knowing of the sale of our Pots and Pans which should be a matter of Policy to which the Gentleman on my left hand Sir Walter Rawleigh took exceptions I say it 's true and yet I am mistaken For I say it 's good the Spaniards should know how willing we are to sell our Pots and Pans and all we have to keep him out Yet I do not say it is good he should know we do sell them that is I would have him know our willingness to sell though there be no need but not of our Poverty of selling or of any necessity we have to sell them which I think none will do neither shall need to do Then all the House cried No No as much as to say no man did so Sir Arthur Gorge Moved Sir Arthur Gorge That it would please the House that order might be taken that Justices of the Peace might be Assessed according to the Statute viz. at Twenty Pound Land where there be few Justices that are above Eight or Ten Pound which Mr. Secretary Cecil Noted in his Tables Then Serjeant Heale stood up and made a Motion saying Mr. Speaker I do marvail much Serj. Heale speaks to some purpose that the House will stand upon Granting of a Subsidy or the Time of Payment when all we have is Her Majesty's and She may lawfully at her Pleasure take it from us Yea She hath as much Right to all our Lands and Goods as to any Revenue of Her Crown At which the House Hummed and Laughed and Talked He is Hum'd and Laugh'd at Well quoth Serjeant Heale all your Humming shall not put me out of Countenance So Mr. Speaker stood up and said It is a great Disorder The Speaker puts them in mind of the Orders of the House that this should be used for it is the Antient Use of this House for every Man to be Silent when any one Speaketh and he that is Speaking should be suffer'd to deliver his Mind without Interruption So the said Serjeant proceeded Heale proceeds They Hum again and when he had spoken a little while the House Hummed again and he sate down In his latter Speech he said He could prove his former Positions in the Time of Henry the Third King John King Stephen c. which was the Occasion of their Humming Mr. Mountague of the Middle-Temple said Mr. Mountague shews him his Mistake There were no such Precedents And if all the Preambles of the Subsidies were looked upon he should find that it was of Free-Gift And although Her Majesty requireth this at our Hands yet it is in us to Give not in Her to Exact of Duty And for the Precedents there be none such But touching a Tenth Fleece and a Tenth Sheaf of Corn that was granted to Edward the Third at his Going to the Conquest of France because all the Money then in the Land to be Levied by way of Subsidy would not be any wayes able to Raise that vast Sum he desired So having these Tenths he sold them to private Men and so raised Money to himself for his Enterprize After this the Speaker appointed the Committees for drawing of the Subsidy-Bill all to hasten it and so the House arose On Tuesday November 10. The Bill was read for shortening of Michaelmas-Term The Substance of the Bill is A Bill to shorten Michaelmas-Term That whereas the Term begun the Nineth of October it should begin the Twenty Third of the same Month. A Bill for avoiding of Trifling and Frivolous Suits in Her Majesties Courts at Westminster was read the first time It was put in by the Queen's Attorney-General A Bill for to Restrain the Multitude of Common Sollicitors read prima vice A Bill for the Denization of certain Persons was presented and it was made in the manner of a Petition The Beginning whereof is To the Queen 's most Excellent Majesty The Speaker at the Reciting of the Bill began thus This is an Humble Petion of c. wherein they humbly desire to be made Denizons and made Inheritable and of Ability to Sue and implead as other Natural-Born Subjects of this Realm are The first time of Reading A Bill against Blasphemous Swearing A Bill against Blasphemous Swearing It was put to the Question for the Commitment and not one No. Appointed at the Temple-Hall on Saturday with the Bill against Drunkenness A Bill for Consolidating and Uniting of certain small Churches in Exeter into one read One spake against this Bill who was the Bishop's Servant of Exeter and shewed how the Patron of one of the Churches took a piece of the Church-Yard to make a Jakes Mr. Martyn of the Temple Mr. Martyn answered him Protesting he meant not to speak but seeing the General Voice of the House seemed to be carryed away with the Bill and himself Born in the Town he could not but speak against such a Man as he that last spake who spake more for his Master's Benefit than for God's Honour He certified divers things which he that spake first untruly spake And wished that the Gentleman Serjeant Heale that had Yesterday so much flattered his Prince were now here to do God and his Country good Service by setting forward so good a Bill Whereupon he prayed it might be Committed which was done accordingly and the Committees to meet in the Middle-Temple-Hall The Person that Arrested Mr. Cook 's Man was brought in who after a sharp Speech delivered by Mr. Speaker shewing that he had committed an heinous Offence to Arrest any
the Statute of Hen. 6. cap. is repealed A Bill against wilful absence from Church on Sundays A Bill about the Wilful Abstaining from Church was brought in Sir Francis Darcy brought this Bill in after Commitment and said Mr. Speaker Me thought I heard a strange Voice at the Committing of this Bill I hope after these Amendments For which Sir Francis Darcy pleads it will have better success at the Passing than that Voice did presage but most especially of us that are the Mouths of the most Grave and Religious Commons of this Realm by this Bill every Husband must pay for the willful absence of his Wife and Children above Twelve years of Age and Servants There is a new Proviso for having Service at home Sir Edw. Hobby said I think this Statute is an implicative Exposition of the Stat. 23. Eliz. by which every Recusant is to pay 20 l. to the Queen 〈…〉 a month for wilful absence from the Church and it hath been a doubt whether they shall pay so much for their Wives Now this Statute doth not Explain that point but only that they must pay One Shilling for their Wives c. and therefore I doubt some matter of Secret is in this Statute which is not yet known Sir George Moore said Sir George Moore to the same Bill The old Statute of 23. Reginae saith That every person that hath Goods shall pay but the Wife hath no Goods therefore she shall not pay And for any matter of Secret in this Bill I protest I know none and therefore I think it needeth no new Constructions Mr. Francis Moore said Mr. Francis Moore to the same Mr. Speaker I think the Bill intendeth not to bring any that be ill-Affected within danger of this Law or any that be within the Statute of 23. Reginae but only to punish those with the Penalty of One Shilling which though they be well addicted yet they be negligent For my own part I do so much desire the Furtherance and good Success of this Bill or any of the like Nature that he that doth not the like I would he had neither Heart to think nor Tongue to speak Mr. Martin said Mr. Martin against it upon good Consideration I do Mr. Speaker as much favour this Bill as any man doth but I would but Move one Question to the House in which I desire to be Resolved That is if they that pay their Twenty Pound a month to the Queen shall pay also their Twelve Pence a Week by force of this Statute For my part as the Law it self will not tolerate two Remedies for one Inconvenience So I can never agree in Conscience to consent to a double Remedy for one Offence Sir William Wray Sir William Wray Explains it To the Question that was propounded However the Bill now standeth this I can affirm to the House That the Intent of the Committee was That those Recusants that are able to pay their Twenty Pound should not pay this Penalty but that it should be only inflicted on the Poorer Sort. Dr. Bennet said Dr. Bennet's Observation Mr. Speaker Though I had no Meaning to speak yet I will now speak to the Objection that was last made This Law gives Life to that Statute 1 Eliz. which by reason of by Ambages Indictment and otherwise never almost had his due Execution And a Law without Execution is like a Bell without a Clapper for as the Bell gives no Sound so the Law doth no Good There are Mr. Speaker in the County where I am Twelve or Thirteen Hundred Recusants most of which this Law which we have now in hand would constrain to come to Church I mean only those of the Poorer Sort. It is a Duty in Christianity for the Father to look to his Child and for the Master to look to his Servant which because it hath grown Cold this Law will Quicken and Revive For Punishment will make them do that by Constraint which they ought to do in regard of Religion Sir Robert Cross said I would move but one Question If a Man be in the Queen's Wars Must he pay for the Absence of his Wife Children and Family This indeed is a Fault in the Bill Sir Robert Cross's Objections So if a Man be absent from Home as at London about his Law-Suits c. Mr. Carew said Mr. Speaker I will not speak against the Body of the Bill only I mislike one thing in it and that is Mr. Carew's Objections That Justices of the Peace should have this Authority They have enough already to do and therefore no reason they should meddle in Ecclesiastical Causes I think rather it were fit to be Committed into the Hands of the Parson of the Parish For it is no Policy that Justices of the Peace should have such Power over their Neighbours Mr. Browne said Mr. Speaker There is one Thing would be looked into in this Bill which cannot now be remedied Mr. Brown's Objection and that is If the Church-Wardens shall secretly keep a Kalendar and so where he should gather Twelve Pence for the Poor perhaps will take Four Pence for himself and dispense with the rest So after long Dispute it was put to the Question and the House divided The I I I were 137. and the Noes 140. The Bill rejected by 3. Voices So the Bill was Rejected but by Three Voices only One Mr. William Morris Burgess for Bewmorris informed the House That as he was coming up to London on his Way his Man was Arrested at Shrewsbury Whereupon he told the Serjeant That he was of the Parliament-House and therefore wished him to Discharge his Servant The Serjeant said He could not Discharge him but he would go to the Bayliff with him To whom when he came he likewise declared He was of the Parliament-House and therefore required his Servant To whom the Bayliff answered He could not Discharge him without the Consent of him that procured the Arrest To whom he also went and he answered the Serjeant and him Keep him fast I will not Release him until I be satisfied Then he told the Creditor That he was of the Parliament-House and therefore his Servant was Privileged Whereunto the Creditor made this Answer I care not for that keep him fast I will be your Warrant I thought good to move the House herein referring it to your Consideration And because I am willing that the Privileges of this House may be known as well afar off as here at hand I thought good to move the same Mr. Francis Moore said Mr. Speaker Methinks this Action is very Scandalous to the whole House and because it is a Cause both Extraordinary and Contemptible in my Opinion it deserves a most severe Exmplary Punishment Whereupon all the House cryed To the Tower to the Tower with them Send for them send for them Mr. Speaker said Is it your Pleasure the Bayliff and he that procured the
Think you a Penalty of Ten Shillings as is here set down will make us refrain this Iniquity I may speak of this Bill as a Painter which made a most Artificial Table of the Waves of the Sea so Lively that to the Judgment it seemed the very Sea Another Painter in the same Table Painted a Tree so Lively as it might be thought it were growing out of the Sea There grew a Question Which was the most Curious Work-manship and the Deciding of this Controversie was referred to the Judgment of a third Skilfull Painter who gave his Judgment of the Tree thus O valde bene sed hic non erat locus So may I say of this Bill It is as hard for this Penalty to restrain this Sin as it is for Religion to spring out of the Common-Law and to take Effect Aristotle saith That a Men may be Bonus Civis and yet not Bonus Vir. And though I abhor the Sin yet I deny not but the Sinner may be a good Member Moses when he saw God could but see his Back-Parts only and no Man ever saw more But these Swearers Swear by all his Parts so perfectly as if they had seen Film all over Philip King of France made a Law That the Swearer should be Drowned Another Law was made That a certain Sum should be paid presently so soon as he had Sworn or else the Swearer to lose his Head We use so much Lenity in our Law as we had as good make no Law For we give a Penalty and to be taken upon Conviction before a Justice of Peace Here 's wise stuff First Mark what a Justice of Peace is and we shall easily find a Cap in our Law A Justice of Peace is a Living Creature that for half a Dozen of Chickens will Dispence with a whele Dozen of Venal Statutes We Search and Ingross they retail These be the basket-Basket-Justices of whom the Tale may be Justified of a Justice whom I know to whom one of his Peor Nighbours coming said Sir I am very highly Rated in the Subsidy-Book I do beseech you to help me To whom he answer'd I know thee not Not me quoth the Country-man Why He gives the Justices of the Peace in the Country a severe Lath. your Worship had my Team and mine Owen such a Day and I have been ever at your Worship's Service Have you so quoth the Justice I never remember I had any such Matter not so much as a Sheeps Tail So unless you offer Sacrifice unto these Idol-Justices of Sheep and Oxen they know you not If a Warrant come from the Lords of the Council to Levy a Hundred Men he will Levy Two Hundred And what with Chopping in and Crossing out he will gain a Hundred Pounds by the Bargain Nay if he be to send forth a Warrant upon a Mans Request to have any setch't in upon Suspicion of Felony or the like he will write you the Warrant himself and you must put Two Shillings in his Pocket as his Clerk's Fee when God knows he keeps but two or three Hindes for his better Maintenance Why we have had here Five Bills One against Swearing another for Going to Church Good Ale Drunkenness and This is as good to them as a Subsidy and Two Fifteens Only in that Point I mislike the Bill for the rest I could wish it good Passage Sir Francis Hastings Sir Francis Hastings amongst other Speeches in this Bill said That such Justices were well worthy to be looked up in an Ambry But he wished That All might not be Censured for one evil One who though he neglected both the Care of Conscience and Country which he should not do yet doubtless many did not so as being touched in Conscience to remember That our long Peace should make us carefull to please Him in doing Justice that had preserved us and was the Author of our Peace even God himself So the Bill was put to the Question and Order'd to be Ingrossed Mr. Wiseman moved the House to remember two things One that it had been an ancient Custom in Parliament sometimes to call over the House which was not yet done Mr. Wisman moves for a Parliament-Collection The Other That where heretofore a Collection had been used for the Poor That those which went out of the Town before the Parliament ended would ask Leave of the Speaker and pay his Money Sir Edward Hobby said The Gentleman that last spake Moved you but I would Remove you a little further May it please you It hath been a most Laudable Usage That some Contribution or Collection should be made amongst us in pios usus And I pray you let us not forget our Parliamental Charity Every Knight paid Ten Shillings and every Burgess Five Shillings to be thus disposed of part of the Whole to the Minister part to the Servants here and part to the Poor the rest at you disposements The last time our Charity ransomed a Prisoner for his Father 's good Desert The last time Sir Robert Wroth and Mr. Fettyplace were Collectors It rests in you either to appoint them now or choose others Mr. Fettyplace said It is true Mr. Speaker Mr. Fetty place shews how the last was disposed of I was Collector the last time and there was paid out of the Money Collected to the Minister Ten Pounds to the Serjeant Thirty Pounds to Mr. John Leveson for the Redemption of Mr. Fox's Son that made the Book of Martyrs Thirty Pounds There was Money given to Seven Prisons the two Compters Ludgate and Newgate in London to two in Southwark and one in Westminster How old the Custom is I know not but how good it is I know For my own part having one undergone that Service a ready I humbly pray that it would please you to appoint another Mr. Tate said Charity proceeding from Conscience and not from Custom breeds Obedience to God and pleaseth God and so went on and spake for a Town in his Country lately Burnt That it would please the House to contribute somewhat to the Poor's loss there Mr Roger Downs brought in the Bill for Ratlesdale with some Amendments The Bill for Assurance of a Joynture to Lucy Countess of Bedford being Ingrossed passed the House and was sent up to the Lords A Bill for the Denization of certain Persons viz. William Millet Ann Pope George Chambers Peter Eaton and Nicholas Tooley being Ingrossed passed the House and was likewise sent up to the Lords with the other The Bill for Confirmation of divers Letters-Patents made by Edw. 6. to Sir Edward Seymor Knight his Grand-Father being Ingrossed passed and was sent to the Lords The Bill for the better Observation of certain Orders in the Exchecquer Ingrossed and passed and sent up to the Lords The Bill for Avoiding of trifling Suits being Ingrossed and passed was sen to the Lords Sir Robert Wroth said Mr. Speaker The Use hath been That the general Bills should be first Read and
with a Dozen of Penal Statutes I think it is well known that the Honourable that sit about the Chair and all the rest of Her Majesty's Privy-Council have and do hold the same Place and this toucheth Them as well as Inferiour Justices And therefore I humbly pray He may answer it at the Bar and that it may not be put off with Silence Mr. Hide said Every Man agrees this Bill hath good Matter Mr. Hide for the Bill and we all consent to the Substance though dissent to the Form Some have more Wit some more Understanding than others If they of meaner Capacity and Judgment speak Impertinently let not us in a Spleen straight ways cry Away with the Bill But let us give it the same Favour that we give to Bills of far inferiour Nature and of less Moment That is a Commitment So the Bill was committed to the former Committees The Bill committed the Place of Meeting appointed the Exchequer-Chamber and to Morrow in the Afternoon the Time Mr. Doyley said Mr. Speaker I would move but one Question Mr. Doyley moves against the Slanderers of Justices that is What shall be done against those two general Slanderers of Justices of the Peace Mr. Mountague Junior said The words Luxuriant Authority Mr. Mountague seconds and the heavy Yoke of a Justice of Peace are words dangerous and hurtful and prejudicial to Her Majesty's Honour And therefore I think fit they should both be called to the Bar to answer it Mr. Glascock said I protest again Mr. Speaker Mr. Glascock's Protestation I spake it only of those Justices that make it their Living to gain by their poor Neighbours Sir Francis Hastings said If all things spoken should rest within the Walls of this House Sir Francis Hastings against them I could well be content to be Silent But when this Scandal which I wish might be so Reformed it might be made an Example shall be blazed abroad as a general Slanderous Imputation of Justices and the Stirrers up thereof not punished this perhaps would touch the Credit of those whose Credit I think cannot well be Tainted He that sits against me pointing at Mr. Bond is my Country-Man and I am sorry he should thus lose his Way But my Conscience tells me Amicus Socrates amicus Plato sed magis amicus veritas Two dangerous and seditious Speeches have been made by him But I hope the House will not conceive so basely of Justices of the Peace or their Authority who deserve well of Queen and Country because it comes from him I say no more I know what it is Howsoever it is a Luxurious Speech and not to be suffer'd In speaking against the Bill he shewed the little good Will he had to the Passage of the Bill He likened his Speech to Paphnutius's Speech who spake in a General-Council to defend Religion but this Man speaketh to Oppugne it Have we now lived Forty Three Years under Her Majesty's Happy and Religious Government and shall we now dispute Whether it is fit to come to the Church Parry desired no more who in that Place Pointing to the Right Side of the Chair so soon as the Bill touching Seminaries was brought in called it a Bloody Bill a Tyrannical Bill a Bill of Confiscation of Goods I pray how far stretcheth this Grande Jugum But to a poor Twelve Pence The Speech was Insolent and in regard to Her Majesty's Honour I wish it might be answer'd There Pointing to the Bar. And the House said No No No. Mr. Bond said Mr. Bond 's Apology for himself I would be loth that any Speech of mine should offer any offence being spoken in the behalf of the Country for which I Serve I know their grievous Complaints against the Execution of Laws by Justices The word Luxuriant as I used it I wish may be Construed in this Sense All Penal Laws refer their Execution to Justices of the Peace In that Respect because the Authority of Justices of the Peace seemed to me to be too Powerful over the Subject in that Respect I thought it Luxuriari But I think far otherwise of these Church-Neglecters Mr. Martin said Luxuriari is to abound and therefore the Poet saith Luxuriatur agris And I wish all those that would slander Her Majesties Government by Colour of their Authority in Oppressing the Subjects that they may Perish A Bill against Drunkards and common haunters of Ale-houses and Taverns upon Ingrossment it was Read and Passed A Bill for Reformation of Abuses committed A Bill against Abuses in Inns c. in Inns Taverns Ale-Houses and Victualling-Houses was Read To which Sir Walter Rawleigh said Sir Walter Rawleigh against it That if a Man had a Mannor which might inquire for the Defaults of Ale-selling by full measure This Privilege was now lost by this Bill Another there was a dissability for ever after of being an Inn-Keeper How dangerous this might be to the Inheritance of those that had Inns some at One Hundred Pounds per annum and how dangerous to the Inn-keepers that might by negligence of a Servant suffer he left that to the discretion of the House Mr. Browne of Grays-Inn shewed That Sixteen Hundred Quarters of Malt was saved by this course taken in Somerset-shire that Mr. Phillips could testifie who is now Knight of the Shire And that in Wells the Lord Chief Justice of England affirmed That Fifty Quarters of Malt and Fifty Quarters of Barley were saved in one Year Mr. Serjeant Harris said If two False Witnesses come before a Justice and swear against a Man for a little short Measure he is without Remedy and every Punishment ought to be Secundum qualitatem delicti And for so small a Matter Disability is too great a Punishment A Bill to avoid the Double Payment of Debts upon Shop-Books was Read Mr. Browne of Grays Inn found indeed a considerable Fault in this bill by reason of the Generality which was Debts and not set Debts upon Shop-Books So it was found to be true and the Bill was like to be cast out for the House would not have had it mended Sir Robert Wroth said I have been of this House these Forty Years and ever knew that a Bill before Passage might be Amended So it was in the Bill for Tillage the Last Parliament Wherefore I would wish That it might rest until to Morrow and then to be Amended And all cryed I I I. On Thursday Decemb. 3. A Bill for the Repairing and Amending of Two Bridges over the River of Eden in the County of Cumberland adjoyning to the Walls of the City of Carlisle was Read the second Time and Committed The Place appointed for Meeting was the Checquer-Chamber to Morrow in the Afternoon A Bill for Curriours A Bill for Strengthening the North-Parts and for Building of a Peer at New-Haven Read the second Time and Committed The Committee to Meet in the Exchecquer-Chamber to Morrow in the Afternoon A Bill to
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
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
Gentleman Serjeant Heale the last Parliament in a Bill of this nature moved to have an Exception or Proviso for all Serjeants A Motion made in Mirth it would please you to admit of a Proviso for all Lawyers At which the House Laughed heartily it being done for Mirth And divers Motions of the like nature were made On Thursday Decemb. 17. Sir Edward Hobby shewed The Parliament was now in the Wane and Order had been taken Touching the Information delivered to this House in Mr. Bellgraves Case but nothing done therein And as it seemeth by not taking out of the Process a Prosecution of the Cause is intended against the said Mr. Bellgrave I think it therefore fit because the chief scope of the said Information seemeth to be Touching a Dishonor offered to this House that it would please you that it might be put to the Question Whether he hath Offended this House yea or no If he hath he desireth to be Censured by you If he hath not it will be a good Motive to the Honourable here present who are Judges of that Court for their Satisfaction in cleering the Gentleman of that Offence when it comes before them Mr. Speaker moved the House That because the Parliament was like to end on Saturday it would please them to send the Bill of Ordnance to the Lords And that they might be moved to retain all private Bills in their Hands until the Ten Pounds or Five Pounds was paid according to our former Order So the House cried Mr. Secretary Cecil who went and did accordingly And then they proceeded in the Motion concerning Mr. Bellgrave Mr. Comptroller said I know the Gentleman to be an honest Gentleman and a good Servant to his Prince and Country And for his Offence to this House I think it very fit to clear him And do wish it may be put to the Question If it please you he may be cleared I will be ready to vouch your Sentence for his Offence to this House when it comes there But if any other Matter appears upon opening the Cause with That we have not to do withal Mr. Secretary Cecil said Touching this great Offence in the Country I have heard it spoken of diversly but for my own part I am rather apt to move Consideration against him that drew the Bill one Mr. Diott and that he should be well Punished who being a Member of this House should seek to diminish the Prerogative of this High Court of Parliament by praying Aid of the Star-Chamber for an Offence done to Us this Court Sitting And I desire that two things may be Considered First That the Gentleman Mr. Diott make an Apology for his Action in drawing of the Information And Secondly That this Gentleman Mr. Bellgrave may be cleared here which will be a good inducement to the Lords not to censure him heavily there Mr. Ravenscrost said The Gentleman Mr. Diott is holden in the Reputation of an honest Man And we ought not to proceed against a Fellow-Member till he be called It is not Apparent unto Us that he made it the Information is under Mr. Attornies Hand and therefore ought to be intended his for now it is of Record under his Hand against which we can receive no Averment of Speech of others other than the Gentleman 's own words viva vocae And that I think he will not confess And so there was no more said of this Matter It was put to the Question Whether he should be cleared of the Offence to the House Yea or No And all cried I I I but only Young Mr. Francis Grantham who gave a great No At whom the House Laughed and he Blushed Sir Francis Hastings said Sir Fr. Hastings against Extravagant Speeches Mr. Speaker Because I see the House at so good Leasure I will be bold to remember some Matters passed this Parliament and deliver my Opinion with desire of Reformation I mean not to Tax any Man Divers Speeches have been used concerning Justices of the Peace so Slanderous and Defamatory with so unwonted Epethites with such Slanderous Definitions a Testimony of Levity for the one and scant sound Judgment for the other And therefore I do humbly pray the Honourable here present that those Justices which serves Religiously Dutifully and Carefully may be Countenanced The Church and Common-Wealth are two Twins which Laugh and Live together Long have we joyed in Her Majesty's Happy Government and long may we We have two strong Enemies Rome and Spain from thence all our Rebellions have Proceeded and by Treasons Hatched there the Sacred Life of our Sweet Soveraign hath been sought and indangered The boldness of the Jesuits and Seminaries The Insolence of the Jesuits is greatly increased and they be very diligent to pervert which their often and ordinary Published Pamphlets to every Mans view well Testifieth and Apparently sheweth the Perversness of their Spirits and Corruptness of their Hearts And the Multitude being Perverted What Danger this may breed to the State and our Sovereign Queen Judge you For my part I am and will be ready to lay my Life at Her Feet to do Her Service We had need to have special Care of them for themselves do brag they have Forty Thousand true Hearted Catholiques for so they call them in England besides their retinue poor Catholiques and Neuters and I know not what It is therefore fit we look to this dangerous Case and not to think our selves secure because we find no harm For it is a true Position That Security without Providence is most Dangerous I conclude only with this desire that those who have Supream Authority will look that those who have inferior Government may do faithfully And that we may be kept in Obedience Mr. Wingfeild spake to the same effect And because it had pleased the House that the Clerks Servant should serve this Parliament in his Masters steed Mr. Onslowe who was sick that the House would in regard of his faithful Service and diligent attendance give Twelve Pence a piece or what they should think good every man in his discretion That Motion was liked and agreed to be gathered the next morning In the Afternoon A Bill for the Changing of the Surnames of William Waller Esquire A Bill to Change the Name of Wallers to Dibdens and his two Daughters and the Names of them that should Marry them into the Name of Dibden was Read the second time Serjeant Yelverton and Doctor Hone brought a Bill from the Lords Intituled An Act for Reformation of Deceipts and Frauds of certain Auditers and their Clerks in making of divers particulars Serjeant Harris spake to the Bill of Waller Serj. Harris to the Bill of Waller In Law there is a Bastard a Mulier And a Bastard hath the Name of the Mother a Mulier of the Father If a man come into a Poulterers Shop to buy a Wood-Cock or Hen he buyes it by the name of a Cock And if it be
I mean upon the Motion the Gentlemen made yesterday to say something therein both for your satisfaction and performance of my duty and therefore this matter shall need no further to be moved With which the House rested well satisfied and so rose But it is to be noted That the Speaker said not one word in his Speech to her Majesty touching the matter which was greatly murmured at and spoken against amongst the Burgesses that the House should be so abused but nothing was done therein In the Afternoon About one of the clock divers Gentlemen met together in the House whither the Speaker came and after the Privy-Counsellors where after sitting some half an hour at past two they went up to the Upper House and staid there at the Gallery-door about half an hour and at length the door was opened And the Lords of the Upper House being all sat and her Majesty under a rich Cloath of Estate The Q. 〈…〉 the Speaker went to the usual place at the bar where after three Reverences made and the like done in their times by all the Commons the Speaker said to this effect THat Laws were not first made with humane Pen The Speakers Speech but by divine Ordinance that Politick Laws were made according to the evil conditions of men and that all Laws served not for all times no more than one Medicine for all Diseases If he were asked what was the first and chiefest thing to be considered of he would have said Religion If what is the second Religion If what is the third Religion So Religion is all in all for Religion breeds Devotion Devotion breeds Zeal and Piety to God which breedeth Obedience and Duty to the Prince and Observance of the Laws which breeds Faithfulness Honesty and Love three necessary and onely things to be wished and observed in a well-govern'd Commonwealth And that her Majesty by planting true Religion had laid such a foundation upon which all these three Vertues were so planted and builded that they could not easily be rooted up and extirpated and therefore we did acknowledge we ought and do acknowledge we will praise God and her Majesty for it And then he descended to speak of Governments and Laws of Nations amongst and above all which he principally preferr'd the Laws of this Realm which he said were so many and so wise that there was almost no offence but it was met with in a Law Notwithstanding her Majesty being desirous for the good of her Realm to call a Parliament for redress of some Laws and for making some new Her dutiful and loving Subjects having considered of them have made some new and amended some old which they most humbly desire may be made Laws by her most Royal Assent which giveth life unto them And so after thanks given for the Pardon by which we dread your Justice and admire your Mercy and a Prayer That she would accept as a testimony of our Loves and Duties offered unto her with a free heart and willing spirit four entire Subsidies and eight Fifteenths and Tenths to be collected of our Lands and Livelihoods in speaking whereof he mistook and said Four entire Fifteenths and eight Subsidies but he was remembred by some of the Counsel that stood neer about him and so spake right as aforesaid And also pardon craved for his offences if either he had forgotten himself in words or action he ended To which the Lord Keeper answered thus in effect First AS touching her Majesties proceeding in the Laws for her Royal Assent The L. Keepers Speech in answer that should be as God should direct her sacred spirit Secondly For your presentation of four entire Subsidies and eight Fifteens and Tenths And thirdly Your humble thank-fulness for the pardon for them and your self I will deliver her Majesties Commandment with what brevity I may that I be not tedious to my most gracious Soveraign First She saith touching your proceeding in the matter of her Prerogative that she is perswaded Subjects did never more dutifully and that she understood you did but obiter touch her Prerogative and not otherwise but by humble Petition and therefore that thanks that a Prince may give to her Subjects she willingly yieldeth But she now well perceiveth that private respects are privately masked under publick pretences Secondly Touching the presentation of your Subsidies she specially regardeth two things both the persons and the manner For the first he fell into commendations of the Commonalty for the second the manner which was speedy not by perswasion or perswasive inducements but freely and of duty with great contentment In the thing which we have granted her Majesty greatly commendeth your confidence and judgments and though it be not proportionable to her occasions yet she most thank fully receiveth the same as a loving and thank-ful Prince And said that no Prince was ever more unwilling to exact or receive any thing from the Subject than she our most gracious Soveraign for we all know she never was a greedy Grasper nor straight-handed keeper And therefore she commanded me to say That you had done and so she taketh it dutifully plentifully and thank-fully For your self Mr. Speaker her Majesty commanded me to say That you have proceeded with such wisdom and discretion that it is much to your commendation and that none before had deserved more And so he ended after an Admonition given to the Justices of Peace That they would not deserve the Epethites of prowling Justices Justices of Quarrels who counted Champerty good Chevesance suing Justices who did suck and consume the Wealth and Good of the Commonwealth and also to those who do lie if not all the year yet at least three quarters of the year at London After this Speech ended the Clerk of the Crown read the Titles of several Acts. To the general Acts which were allowed the Clerk of the Parliament answered Le Roygne le veult To the private Acts to be passed Soit come il est desiré To the general Acts not passed Le Roygne s'adviserá And so to the other To the Subsidies and Pardon as in the last Parliament Which done The Lord Keeper said Parl. dissolved It is her Majesties pleasure that this Parliament shall be dissolved and she giveth license to all Knights Citizens and Burgesses to depart at their pleasure And so God save the Queen And all the Commons said aloud AMEN Nomina Militum Comitat. Civium Civitatum Burgensium Villar sive Burgorum ac Baronum quinque Portuum veniend ad Parliamentum summonit apud Civitatem Westm septimo die Octobris Anno Regni Eliz. Reginae 43o. 1601. Bedfordshire Com. Bedford Oliverus St. John Ar. Edwardus Radcliffe Miles Villa Bedford Humfridus Winch Ar. Thomas Fanshawe Ar. Buckinghamshire Com. Buckingham Francis Fortescue Ar. Alexander Hamden Ar. Villa Buckingham Christopherus Hatton Ar. Robertus Newdegate Ar. Burgus Wiccombe Richard Blunt Ar. Henry Fleetwood Ar. Burgus de Alisbbury Johannes Lilly Ar.