with an Amendment thought fit to be put into the Bill the Amendment thrice read and appointed to be fixed in the Schedule of the Bill On Munday Nov. 28. the Bill that was sent from the Lower House with this Title viz. an Act for the repeal of a Statute made in the 23 year of her Majesties Reign entituled An Act for the increase of Marriners and maintenance of Navigation was after the third reading returned again to the said House for their consideration and allowance as well of another Title thought more fit by the Committees to be given thereto viz. an Act for the increase of Mariners and for maintenance of Navigation repealing a former Act made 23 of her Majesties Reign bearing the same Title as also of some Amendment in the body of the Bill added by the Committees sent by Mr. Atturney-General and Dr. Carew On Thursday Decem. 1. Decemb. 1. the Parties that arrested the Lord Chandois servant viz. Wood and Stevenson with two others brought into the House by the Serjeant at Arms and upon some notice taken of the matter Mr. Justice Owens and Mr. Serjeant Drew were appointed to examine the same and make Report thereof to the Lords The Lord Hunsdon Lord Chamberlain took his place this day as Baron of Hunsdon betwixt the Lord Chandois and Lord St. John of Bletsoe This day an Act concerning the School at Sownocke tertia vice lect and sent to the Commons House On Saturday Decemb. 3. An Act for the increase of Mariners and for maintenance of Navigation repealing a former Act made 23 of her Majesties Reign bearing the same Title which Act was sent to the Lower House from hence for their consideration and allowance of this Title and some Amendments in the body of the Bill Upon the Report of Mr. Justice Owens and Mr. Serjeant Drew unto whom the Examination of the matter was committed concerning the Arrest of my Lord Chandois servant by one Stevenson a Serjeant in London at the Suit of one William Wood being found and judged to have wilfully offended therein against the Priviledge of the House were committed and sent to the Prison of the Fleet there to be kept close Prisoners until further directions from the Lords And whereas and were this day brought into the House before the Lords L. Chandois serâ—ant Barston released out of Prison as supposed partakers in the same offence they upon examination being found not to have wilfully committed any fault therein were dismissed and order given by the Lords for the discharge of Edward Barston out of the Prison of the Counter Munday Decemb. 5. an Act for the better and safer recording of Fines to be levied in the Court of Common-Pleas read secunda vice and referred to the same Committees as before with the addition of the two Lords Chief Justices and Mr. Atturney-General The absence of the Earl of Essex the Lord Viscount Byndon the Earl of Cumberland the Lord Scroope the Lord Willoughby of Ersby and the Lord Bishop of Rochester were excused by the Lord Rich the Lord Chandois the Lord Wharton the Lord Zouche and the Lord Bishop of Bath and Wells Order was given for the release of Stevenson the Serjeant who arrested my Lord Chandois his servant On Tuesday Decemb. 6. an Act for erecting of houses of correction and punishment of Wanderers prima vice lecta On Wednesday Decemb. 7. an Act for the confirmation of the Joynture of Dame Christian the Lady Sandies secunda vice lect and commanded to be ingrossed On Thursday Decemb. 8. an Act for the erecting of houses of correction and for punishment of Rogues Vagabonds and sturdy Beggars secunda vice lect and referred to the Committees for the former Bill and the same time and place appointed for their meeting And also authority was given to the Committees to call such of the Lower House unto them at this meeting as they should finde cause to confer withal for the better perfecting of the Bill An Act for Arthur Hatch her Majesties Ward for the enjoying the Rectory and Personage of South-Moulton according to an Agreement secunda vice lect upon which reading it was ordered That all Parties whom this Bill may concern either on the part of Mr. Hatch or against him shall be heard openly in the House upon Munday next by their Counsel learn'd and all specialties concerning the same then to be produced to the end that it may be considered whether it shall be convenient to pass this Act or not Mr. Serjeant Drew and Mr. Atturney-General being appointed by the Lords to inform themselves against that time whether any thing be contained in the Bill that may prejudice the Poor Knights of Windsor and to make Report thereof accordingly on the part of the said poor Knights An Act for the establishing of the possession of Henry Vpton Kt. deceased and for payment of his Debts read secunda vice A Motion made by some of the Lords and agreed to by the House that there should be respit of some days taken before the third reading for any such Party or Parties as the Bill concerneth and namely any of the Wentworths to come to the House and alleadge if they finde cause why the Bill should not proceed the next Tuesday assign'd for this purpose William Cole the Knight-Marshal's man that arrested James Yorke the Lord Archbishop's servant was brought before the Lords by the Serjeant at Arms and being found upon his Examination before the Lords wilfully to have offended therein against the Priviledge of the House was Committed to the Fleet there to remain until their Lordships should give further directions for his enlargement On Friday Decemb. 9. an Act for the establishing of the Hospital of Queen Elizabeth in Bristol Bill to establish Q. Eliz. Hospital in Bristol and for relief of Orphans and Poor there read secunda vice Upon this reading some Amendments were thought fit by the House to be added which were presently drawn and agreed by the House and also twice read and commanded to be ingrossed On Saturday Decemb. 10. an Act that the Lord Montjoy may dispose of his lands whereof he is Tenant in tail as other Tenants in tail by the Laws and Statutes of this Realm may do a private Statute made to the contrary 27 Hen. 8. not withstanding secunda vice lect Upon the Motion of the Lord Marquiss of Winchester it was ordered that the Cause shall be heard openly in the House on Munday-morning by the Counsel learn'd on both sides An Act for the better recording of Fines to be levied in the Court of Common-Pleas returned and allowed by the House of Commons without any alteration expedited On Munday Decemb. 12. a Motion and Request made by the Lower House and delivered by Mr. Secretary Cecill accompanied with many others for a Conference to be had concerning the Bill entituled An Act concerning Tellers Receivers c. and assented unto Whereupon the Committees formerly named upon this Bill were appointed
second reading committed to the Knights and Burgesses of London Mr. Tho. Smyth Sir Walter Rawleigh Mr. Oldsworth and others who were appointed to meet on Munday in the afternoon at Serjeants-Inne in Chancery-lane Two other Bills had each of them one reading of which the second being the Bill for the suppressing of unlawful and unsized bread was upon the second reading committed unto the Knights and Citizens of London Mr. Edward Hubbert the Burgesses of Chester Worcester Oxford Bristol Winchester and Cambridge Serjeant Harries and others who were appointed to meet to morrow in the afternoon at Serjeants Inne in Chancery-lane Mr. John Acton one of the Burgesses for Droyt in the County of Worcester is for his special businesses licensed by Mr. Speaker to depart On Saturday Jan. 14. two Bills had each of them one reading of which the second being the Bill to avoid Deceit and breaches of Trust touching Lands given to charitable uses was upon the second reading committed unto Mr. Serjeant Harries the Knights and Burgesses for London Mr. Miles Sands and others who were appointed to meet upon Munday next in the afternoon at Serjeants-Inne in Chancery-lane The Bill for Arthur Hatch her Majesties Ward for enjoying the Rectory and Parsonage of South-Moulton in the County of Devon for certain years reserving the usual Rent was read the third time and passed upon the Question Sir Walter Rawleigh renewing the Motion for Conference to be prayed with the Lords concerning their Lordships Amendments and Provisoes in the Bill concerning erecting houses of Correction and Punishment of Rogues and sturdy Beggars for the better reconciling of them with the Bill now begun against wandering Souldiers and Mariners it was thereupon thought convenient by the House that the said Sir Walter Rawleigh accompanied with a convenient number of this House should presently repair to the Upper House to move for the said Conference accordingly Which Conference the Lords granted and appointed six of themselves to meet with a convenient number of this House upon Munday next at eight a clock in the morning in the second chamber of the Upper House Sunday Jan. 15. On Munday Jan. 16. two Bills had each of them one reading of which the first being the Bill for explanation of and addition to an Act made 5. Reginae for maintenance of the Navy was read prima vice Sir Edward Hobby moved That the Serjeant of the House be commanded to call on Leicester to appear in this House for serving a Subpoena on Sir Henry Norris and also to warn one Stevens Two Bills more had each of them one reading of which the first being the Bill concerning the Hospital of Warwick was read the third time and passed upon the Question On Tuesday Jan. 17. four Bills had each of them one reading of which the last being the Bill for the assurance of the Joynture of Joyce the wife of John Thornbrigge was read the second time and upon the several Questions for committing and ingrossing was rejected The Bill for the reforming of sundry Abuses in the garbling of Spices and Drugs was read the second time and rejected upon the several Questions for the committing and ingrossing thereof Mr. Serjeants Drewe and Dr. Stanhopp brought from the Lords a Bill concerning a Lease of great value procured to be passed from her Majesty to William Kirkham Junior which Bill their Lordships have passed and do desire the speedy executing thereof in this House the same Bill greatly importing her Majesty whereupon the Bill was presently read in the House prima vice On Wednesday Jan. 18. eight Bills had each of them one reading of which the first being a Bill for the reviewing continuance and explanation of an Act for the necessary relief of Mariners and Souldiers was read the first time and the last being the Bill to tax all Lands and Goods for the payment of the Subsidies in the same Parish where it lieth was read the first time and rejected upon the Question for a second reading The Committees in the Bill for restraining the excessive making of Mault and the Committees in the Bill to restrain Deceits in breaches of Trust were appointed to meet this afternoon in the Exchequer-chamber On Thursday Jan. 19. the Bill for reuniting the Mannor of Parrisgarden in the County of Surrey was upon the second reading committed unto Mr. Brodgrave Atturney of the Dutchie Mr. Newton Mr. Wiseman Mr. Serjeant Williams Mr. Edmond Boyer and Mr. Francis Moore and others and the Bill with the Committees Names were delivered unto Mr. Edmond Boyer who with the rest were appointed to meet to morrow in the afternoon in the Middle-Temple-hall The Bill for the repealing of a branch of a Statute made 34 Hen. 8. entituled The Ordinance for Wales was read the second time and not being spoken against by any was ordered to be ingrossed On Friday Jan. 20. the Bill for the sale of the Lands and Goods of John Sharpe to pay his Debts was upon the second reading committed to Sir John Hart Mr. Henry Hubbard Mr. Nevil Mr. Thomas Smith Mr. Southerton Mr. Colebrand and others and the Bill with the Committees Names were delivered unto Mr. Southerton who with the rest were appointed to meet this afternoon in Middle-Temple-hall The Bill that Thomas Culpepper and John Culpepper may dispose of their Lands whereof they are Tenants in Tail as other Tenants in tail may do was read the second time and committed unto Mr. Barker Mr. Serjeant Williams Mr. Serjeant Harries and others and the Bill and Committees Names were delivered to Mr. Serjeant Williams who were appointed to meet this afternoon in the Middle-Temple-hall On Saturday Jan. 21. two Bills had each of them their first reading of which the last was against carrying of Corn or Grain out of the Realm at certain times Mr. Francis Goodwyn one of the Committees in the Bill concerning the Highway-lands of Alisbury in the County of Bucks brought in the Bill with some Amendments which being twice read the Bill was upon the Question ordered to be ingrossed Mr. Waldgrave one of the Committees in the Bill to prohibit the carrying of Herrings beyond the Seas shewed their meeting and their Amendments of the Bill the Bill being twice read upon the Question it was ordered to be ingrossed Sunday Jan. 22. On Munday Jan. 23. three Bills had each of them one reading of which the third being a Bill for explanation of a Saving in a Stat. made 27 Reginae entituled An Act for the better foundation and relief of the Poor of the Hospital of Eastbridge in the County of kent was read the second time and rejected upon the several Questions of the Committing and ingrossing Sir John Hart one of the Committees in the Bill concerning Garret de Malmes and John Younger Merchants strangers shewed the meeting and travail of the Committees and their making of a new Bill for sundry considerations then opened by him and so delivered in to the House both the old Bill and
Sunday in Fair or open Market that this should be Void and she and the Goods forfeited to the Queens Use for that is a Contract At which all the House Laughed Mr. Bacon said Bacons Speech for Repealing superfluous Laws May it please you Mr. Speaker not out of Ostentation to this House but in Reverence I do speak it That I do much wonder to see the House so continually divided and to agree upon nothing to see many Laws here so well framed and Offences provided against and yet to have no better Success and Entertainment I do think every man in his particular bound to help the Common-wealth the best he may and better it is to venture a mans Credit by Speaking than to stretch a mans Conscience by Silence and to endeavor to make that good in Nature which is possible in Effect Laws be like Pills all gilt over which if they be easily and well swallowed down are neither bitter in digestion nor hurtful in the body every man knows that Time is the true Controuler of Laws and therefore there having been a great alteration of Time since the Repeal of a number of Laws I know and do assure my self there are many more than I know Laws both needless and dangerous I could therefore wish that as usually every Parliament there is a Committee selected for the Continuance of divers Statutes so the House would be pleased also that there might be a Committee for the Repeal of divers Statutes and of diverse superfluous Branches of Statutes And that every particular Member of the House would give Information to the Committees what Statutes he thinketh fitting to be Repealed or what Branch to be Superfluous lest as he said pluat super nos laqueas The more Laws we make the more Snares we lay to entrap our selves Upon which Motion a Committee was granted to meet on Friday On Saturday November 7. An Act That the Marquesse of Winchester may dispose of his Lands whereof he is Tenant in Tayle as other Tenants in Tayle may do by the Laws and Statutes of this Realm was read the first time and the Pedigree hereafter set down was then produced to the House Robert Willoughby Lord Brook 1. Dorothy 2. Wife Edward Willoughby Blaunch the First Daughter Marryed to Francis Dawtery Elizabeth the 2 d. Daughter Marryed Sir Fulke Grevill and had Issue Fulke Grevill Esquire Anne 1. Daughter Charles Lord Montjoy James Lord Montjoy Charles Ld. Montjoy Elizabeth 2. Daughter 1. Sir John Pawlet Lord Marquess of Winchester William Lord Marquess of Winchester William now L Marquess 1. The Lady Denny had Issue two Daughters 2. The Lady Katharine 2 d. Daughter had Issue 4 Sons 2 Daughters 3. The Lady Elizabeth was Marryed to Sir William Courtney Sir William Courtney had Issue 3 Sons and 6 Daughters Mary Marryed to the Ld. Cromwel had Issue 2 Sons 1 Daughter ore Sn'r and had Issue 2 Sons 1 Daughter had Issue 1 Son George Cromwel 1 Daughter and had Issue 7 Children There was this day a Page brought to the Bar A Page is brought before the House for that Yester-day Sir Francis Hastings had caused him to be Committed For that as he went down the stairs the Page offer'd to throng him Whereupon he held him till the Speaker came out of the House who did commit him to the Serjeant's Custody till this day to know the Pleasure of the House what they would do therein But this day upon Sir Francis Hasting's intreaty speaking very earnestly for him and of his innocency and unwillingness to do that Fact as also upon the Pages Submission upon his Knees at the Bar he was discharged It was moved That because his Hair was very Long he might be carried to a Barber and close cut before his Discharge But that was thought very unfit for the Gravity of the House to take notice of so light a fault so after a sharp and threatning Admonition given him by the Speaker he was Discharged Sir Edward Hobby moved the House That for as much as the antient Custom of the Parliament had been that not only themselves but their Servants should be free from all Arrests yet notwithstanding a servant of Mr. William Cook a member of this House was Arrested by one Baker a Serjeant at the suit of another upon a Bond in which indeed he is but Surety as may appear unto you by this Letter so the Letter was Read the Contents whereof was as aforesaid with this Clause in the end From the most Loathsome and the unfortunate Hole in the Prison of Newgate I humbly c. Upon which Motion as also upon Declaration of a Precedent in the 35 of Henry the Eighth That the Sheriffs of London were Committed to the Tower for Arresting George Ferrars a Member of this House It was generally agreed That the Serjeant of this House should be presently sent with his Mace for the said Prisoner his Keeper and also should command the said Baker the Serjeant and the procurater of the Arrest to attend the Court on Monday morning so after the Serjeant had been away about an hour and an half he brought the Prisoner and his Keeper to the Bar who Affirmed the whole matter as aforesaid And the Keeper was Commanded to deliver his Prisoner to the Serjeant which he did by taking him by the Hand and so delivered his Prisoner to the Serjeant And the House commanded the Keeper to take no Fees and so the Prisoner was quite discharged But Sir Robert Wroth moved to know Whether Mr. Cook would Affirm that man to be his Servant who stood up and said He was one of his most necessary Servants for in truth quoth he he is my Taylor And thereupon the Serjeant was sent for him as aforesaid An Act for the better Setling of Watches was Read and committed and the Committees to meet at the midle Temple-Hall on Thursday in the afternoon Mr. Henshaw moved the House That the immediate Land-Lord of every such Night-Walker should be bound for the good Behaviour of him to the Queens Use which the House would by no means hear of An Act to avoid and prevent divers Lewd Misdemeanors in base and idle Persons was Read and Committed to the Committees in the Bill for Night-walkers to meet on Thursday after-noon in the midle Temple-hall An Act against Drunkards A Bill against going to an Ale-house if within Two Miles of ones own House and haunters of Ale-houses the Effect whereof is That if any man do go to an Ale-house within two miles of his own House he shall Forfeit so much as he is in the Subsidy Mr. Glascock spake to this Bill and Informed the House That it was a common and usual thing in Lancashire and those Parts for Gentlemen as they go a Hawking to go and take a Repast at an Ale-House Mr. Glascock Opposes it Yea men sometimes of 500. Marks a Year But Mr. Speaker I hope these
it is a Commendable piece of Work but Mr. Speaker methinks the Bill yeildeth too great scope of Fishing into the Sea which how Prejudiciall it may be to the Office of the Lord Admiral or to his Successors or to the Royalty of any other I know not therefore That the Bill may have the safer Passage I wish it may be Considered of at a Commitment A Bill for the Assurance of a Joynture to Lucy Countess of Bedford Committed and the meeting to be in the Exchecquer-Chamber upon Wednesday in the Afternoon at two of the Clock A Bill for the Observation of certain Orders in the Exchecquer set down under her Majesties Privy-Seal And the Bill to Enable Mr. Edmond Markham to dispose of his Lands whereof he is Tenant in Tayl as other Tenants in Tayl by the Laws and Statutes of this Realm may do The question upon the Checquer-Bill grew Whether before Commitment the Counsel of the Clerks of Mr. Osborne's Office should be had in respect of Mr. Wing feild moved The old Officers might be heard by their Councel Mr. Bacon said I did rather yeildingly accept than forwardly imbrace this labour imposed upon me I Wish the Councel may be heard because we shall have the more time of consideration what to do There is nothing so great an impediment to certainty of prevailing as hast and earnestness in prosecuting I therefore think it fit that they may have time Assigned them to proceed by Councel Mr. Martyn said Mr. Speaker Mr. Martyn Here is a new Bill sprung out of the old it hath a smooth face and I think the inward part of the Bill is answerable to the Exterior I am utterly against that they should have Councel they have had time enough already to consider of it If their Councel be now without it were good we heard them if not I hold it best to proceed to the Question Then the house cryed To the Question for Commitment and it was Committed and it was agreed that they should have their Counsel there Then the Question was When the Commitment should be some said this Afternoon others Monday but being put to the Question the House was divided and the I I I were 98 and the Noes 181. and so Monday was agreed on At the Commitment in the Afternoon touching Monopolies Sir Edward Stanhop informed the House Sir Edw. Stanhop against Patentees of the great Abuse by the Patentee for Salt in his Country that betwixt Michaelmas and Saint Andrews tide where Salt was wont before the Patent to be sold for Sixteen pence a Bushel it is now fold for Fourteen and Fifteen shillings a Bushel but after the Lord President had understood thereof he Committed the Patentee who caused it to be sold as before This Patent was granted to Sir Thomas Wilks and after to one Smith To Lynn there is every year brought at least Three Thousand weight of Salt and every weight since this Patent is inhanced Twenty shillings and where the Bushel was wont to be Eight pence it is now Sixteen pence And I dare boldly say it if this Patent were called in there might well be Three Thousand Pounds a year saved in the Ports of Lynn Boston and Hull I speak this of white Salt Mr. Francis Bacon said Mr. Fr. Bacon against the Bill but Moves to go by way of Petition The Bill is very injurious and ridiculous Injurious in that it taketh or rather sweepeth away her Majesties Prerogative and Ridiculous in that there is a Proviso That this Statute shall not extend to Grants made to Corporations That is a gull to sweeten the Bill withall it is only to make Fools Fond. All men of the Law know that a Bill which is only Expository to Expound the Common-Law doth Enact nothing neither is any Proviso good therein And therefore the Statute of 34. Hen. 8. of Wills which is but an Act expository of the Statute of 32. Hen. 8. of Wills touching Sir John Bonfords Will was adjudged void Therefore I think the Bill unfit and our proceedings to be by Petition Mr. Solicitor Fleming said Mr. Solicitor's Acount of the Queen's intentions I will briefly give you an account of all things touching these Monopolies Her Majesty in her provident care gave Charge to Mr. Atturney and my self That speedy and special course may be taken for these Patents This was in the beginning of Hillary-Term last But you all know the danger of that time and what great Affairs of importance happen'd to prevent that business Since that nothing could be done therein for want of Leisure Sir Robert Wroth said Sir Rob. Wroth. I would but Note Mr. Solicitor That you were charged to take Care in Hillary-Term last Why not before There was time enough ever since the last Parliament I speak it and I speak it boldly These Patentees are worse than ever they were And I have heard a Gentleman affirm in this House That there is a Clause of Reversion in these Patents If so what needed this stir by Quo warranto and I know not what when it is but to send for the Patents and cause a redelivery There have been diverse Patents granted since the last Parliament these are now in being viz. The Patents for Currants Iron Powder Cards Hornes Oxe Shin-bones Traine Oyle Lists of Cloath Ashes Bottles Glasses Baggs Shreds of Gloves Aniseed Vinegar Sea-Coales Steele Aqua-vitae Brushes Pots Salt Salt-Petre Lead Accedence Oyle Transportation of Leather Callamint-stone Oyle of Blubber Fumothoes or dried Pilchers in the smoak and divers others Upon Reading of the Patents aforesaid Mr. Hackwel Mr. Hackwell of Lincolns-Inn stood up and asked this Is not Bread there Bread quoth another This voice seems strange quoth a third No quoth Mr. Hackwell but if order be not taken for these Bread will be there before the next Parliament Mr. Townshend of Lincolns-Inn the Collector of this Journal seeing the disagreement of the Committees Mr. Townshend and that they could agree upon nothing made a Motion to this effect First to put them in mind of a Petition made the last Parliament which though it took no effect we should much wrong her Majesty and forget our selves if we should think to speed no better in the like Case now because there was a Commitment for this purpose and the Committees drew a Speech which was deliver'd by the Speaker word for word at the end of the Parliament But now we might hope that by the sending of our Speaker presently after such a Committee and Speech made with humble Suit not only to Repeal all Monopolies Grievous to the Subject but also that it would please Her Majesty to give us leave to make an Act that they might be of no more force validity or Effect than they are at the Common Law without the strength of her Prerogative which though we might now do and the Act being so reasonable we did assure our selves Her Majesty would not deny the passing
Member of the House his Servant knowing that both their Persons their Servants Goods and every thing they had were Privileged during this Great Councel How durst you presume to do it To which the poor Old Man answered upon his Knees That he knew not that his Master was of the House but peradventure the Bayliff did quoth he I do acknowledge I have offended and humbly crave Pardon and I protest upon my Salvation I would not have done it had I known his Master had been Privileged So the Serjeant of the House was commanded to take him away and presently after he was brought in again To whom Mr. Speaker gave Councel That himself should ever hereafter take Warning hereby and that the House receiving his modest Excuse did pardon his Offence And so paying his Fees he was Discharged The Serjeant was commanded to lay wait for the Bayliff but he could not be found A Bill to Restrain the Multitude of Idle People which flock from all Parts of the Realm to London and the Suburbs thereof was read To which Bill Sir George Moore spake and shewed the Unconscionableness of the Bill that no Mechanical Person could Trade in London And so it was Rejected without any one I I I for the Commitment but only Mr. Fetyplace one of the Burgesses for London A Bill for the Benefit of Merchants and Advancement of Her Majesty's Customes both Inward and Outward was Read and Committed On Wednesday November the 11th A Bill for Avoiding unnecessary Executions upon Judgments put to the Question and ordered to be Ingrossed A Bill for Explanation of an Act made 13 Reginae touching Leases of Benefices and Ecclesiastical Livings with Cure A Bill to enable Sir Edmond Markeham to sell his Lands being Tenant in Tail as other Tenants in Tail may do was read the first time A Bill for Reformation of Abuses in making of Cloth read the first time A Bill for the Inhabitants of the Town of Rappesdale in the County of Lancaster was Committed A Bill put in by Mr. Francis Moore Intituled An Act for Confirmation of Grants made to the Queen's Majesty and of Her Highness's Grants to others read the first time He said That forasmuch as it was dangerous to the Queen and State that Purchases should be Annulled by Misprision or the like and lest the Queen should be Tenant in Tail then all Sales made by her should be void Therefore to avoid this Inconvenience he had penned this Law almost word for word but altogether to the Sense of the Statute made Anno Hen. 8. cap. _____ which is even in manner of a Petition And it being but short I pray it may be Read and Received An Act to Restrain Transportation of Money out of this Realm and to Restrain certain Abuses in Exchanges This Bill was brought in by Mr. John Davis and read prima vice Vide Novemb. 9. A Bill for the Abbreviation of Michaelmass-Term A Bill to abbreviate Michaelmas-Term It was put to the Question Whether it should be Committed or no And the greater Voice were Yeas Yet the Burgesses of London were against it And therefore at naming of Committees Burgesses of London oppose it they were exempted but some would have them in and others out And after many Speeches made Pro Contra A Dispute Whether any of them should be of the Committee it was alledged by Sir Edward Hobby That they that had given their Voice against the Body of the Bill could not be Committees But at length Mr. Secretary Cecil said I am willing to speak in two Respects the One touching the Bill it self the Other touching the Controversie in the House Secretary Cecil speaks to it about the Commitment Touching the Bill I dare not upon my own Judgment be so venturous or bold to Reject this Bill unless first it might have a Commitment For the Wisdom of that Time when it was first Instituted was so apt to look into Imperfections that doubtless if any Inconvenience had been but espyed they would straight have avoided it Therefore in my Opinion it is not fit for us to look into the Actions of former Ages but upon mature and advised Deliberation I do therefore greatly commend the Wisdom of this House in Committing of this Bill and others of the like Nature and Consequence before we Reject them For the other Part Though it be a Rule in the House That those against the Bill should be no Committees yet in a Case of so great Consequence and so greatly touching the State of the City of London there is no Reason but they may have their particular Voices as Committees as well as any Member of this House Neither have we any Reason to Exclude them more than any other especially they being Chosen for the most Principal City of this Kingdom which is the Chamber of Her Majesty whom we should the rather respect for Her Majesties sake who doth and will remember their Loyalty and Faithfulness shewed unto Her in the late dangerous Action meaning the Earl of Essex his Rising For which if ever Prince had Cause of Thankfulness to Her Subjects doubtless Her Majasty is to confess as much In my Opinion therefore we should do great Wrong and purchase them great Blame at their Hands that sent them hither in Trust if in a Matter of this Consequence and so particularly touching the State of this City we should not admit them as Committees Mr. Wiseman said Mr. Wiseman replies That by Committing of a Bill the House allowed of the Body thereof though they disallowed of some Imperfections in the same And therefore committed it to some chosen Men in Trust to Reform and Amend any thing therein which they found Imperfect And it is presumed That he that will give his No to the Committing of a Bill at the Commitment will be wholly against the Bill And therefore the House allowing of this Bill to be Committed are in my Opinion to disallow any that will be against the Body of the Bill for being Committees Mr. Comptroller said Mr. Comptroller starts another Question He was of Opinion for the Reasons before-alledged That they ought to be Committees But he moved another Question Whether a Committee speaking against a Bill at the Commitment may also Speak at the Ingrossing thereof in the House and have his Free Voice Sir Edward Hobby said Sir Edward Hobby replies That may be resolved upon by Precedents And for my own Opinion I think That he that is against the Body of the Bill can be no Committee and he that being a Committee speaketh against a Bill may also speak hereafter in the House Mr. Fulke Grevill said Mr. Fulke Grevill's Opinion A Committee was an Artificial Body and framed out of Us who are the General Body And therefore that which is spoken at the Committee Evanescit it is gone when the Body which is the Commitment is dissolved And then every particular Committee is no more a
which are of this House Mr. Brograve Atturney of the Dutchy Sir Thomas Hobby and others who were appointed to meet on Munday next at Two of the clock in the Afternoon in the Exchequer-chamber The Bill for the better answering of her Majesties Tenths and Subsidies from the Clergy was upon the second reading committed to Mr. Chancellor of the Exchequer Mr. Sollicitor Mr. Recorder Mr. Nathaniel Bacon Mr. Wingfield Sir Edward Hobby and others who were appointed to meet upon Wednesday next at Two of the clock in the Afternoon in the Exchequer-chamber and the Bill was delivered unto Mr. Sollicitor Sir Robert Wroth in the Bill to suppress the multitude of Maltsters being one of the Committee who with the rest had been appointed to meet on Wednesday last shewed the Committees have met and travail'd therein and thought good to draw a new Bill and so brought in both the old and the new Bill Sunday Novemb. 13. On Munday Novemb. 14. Mr. Laurence Hide one of the Committees in the Bill for the Town of Wanting shewed the meeting of the said Committees and some amendments made by them in some parts of the said Bill which said Amendments being twice read to the House the Bill upon the Question was ordered to be ingrossed Mr. George Moore one of the Committees in the Bill touching Armour and Weapons shewed their meeting upon Saturday last and requiring to have a new day of meeting and that some of the Lawyers which are of this House being of this Committee may then attend in the same Whereupon day was given to meet again in this House upon Wednesday next at Two of the clock in the Afternoon and the Committees Names being then read by the Clerk Mr. Serjeant Williams Mr. Serjeant Harris and Mr. Serjeant Heal were added unto them Mr. Francis Bacon one of the selected Committees concerning Enclosures and Tillage moved for a time to be appointed for the same selected Committees to impart their labour and travails therein to the general Committees who were appointed in the same cause upon Saturday the fifth of this instant November to the end that thereupon the same may afterwards be reported unto this House accordingly Whereupon it was ordered that they should for that purpose meet in this House to morrow at Two of the clock in the Afternoon The Bill for repressing of Robberies and touching Hue-and-crie Bill for repressing Robberies and touching Hue and Cry rejected after the second reading upon question for commitment was denied to be committed and upon another Question for the ingrossing was denied to be ingrossed and so rejected On Tuesday Novemb. 15. five Bills had each of them one reading of which the first being a Bill for extirpation of Beggars was read prima vice Mr. Serjeant Drew and Dr. Stanhop brought from the Lords the Bill lately passed in this House for taking away the benefit of Clergy from Offenders against the Statute made 3 Hen. 7. concerning the taking away of Women against their Wills unlawfully which Bill their Lordships have also passed with a Proviso thereunto annexed by their Lodships The Bill concerning the establishing of the town-Town-lands of Wanting in the County of Berks was read the third time and was passed upon the Question On Wednesday Novemb. 16. Four Bills had each of them one reading of which the last being the Bill for the Town of Northampton was upon the second reading committed to the Knights for the County of Northampton and the Burgesses of the Town of Northampton Mr. Edward Montague Sir Edward Hobby and others who were appointed to meet at Two a clock in the Afternoon of this day at Sir Thomas Cecil's house The Bill for keeping of Horses from stealing was upon the second reading committed to Mr. Hubbert Sir Robert Wroth Mr. Maynard Mr. Porteington Sir William Brereton Mr. Henry Nevil Mr. Pennington and others who were appointed to meet to morrow in the Afternoon in the Middle-Temple-hall The Proviso which came from the Lords in the Bill for taking away the benefit of Clergie from certain Offenders in a Bill lately passed this House and sent up to the Lords was three times read and passed upon the Question On Thursday Novemb. 17. two Bills had each of them one reading of which one concerning Lands and Debts of Sir Henry Hatton Kt. deceased had its first reading The Bill also for erecting Houses of Correction Bill for erecting houses of Correction and punishment of Rogues and sturdy Beggars and the punishment of Rogues and sturdy Beggars was read the first time On Friday Novemb. 18. twelve Bills had each of them one reading of which the last Bill for Hospitals and Work-houses being a Bill for erecting of Hospitals and Working-houses for the Poor was upon the second reading committed unto Sir Edward Hart Mr. Recorder of London Mr. Tasborough all the Readers of the Middle-Temple Mr. Boyes Mr. Henry Bellasis and others who were to meet this Afternoon at Two of the clock in the Middle-Temple hall The Bill concerning the Hospital of Warwick read the second time and committed to the Knights for Warwick-shire the Burgesses of Warwick Mr. Lindsey Sir Francis Hastings Mr. Recorder of London Dr. Cesar Mr. Fulke Grevil Sir Robert Wroth and others who were appointed to meet on Wednesday next at Two of the clock in the Afternoon in the Exchequer-chamber On Saturday Novemb. 19. Four Bills had each of them one reading of which the last being a Bill for erecting houses of Correction c. was upon the second reading committed unto Mr. George Moore Mr. Atturney of the Dutchie Mr. Atturney of the Court of Wards mr Francis Bacon Sir Thomas Cecil Sir William Moore Sir Robert Wroth Mr. Recorder of London and others who were appointed to meet on Tuesday next in the Afternoon at the Middle-Temple-hall Sunday Novemb. 20. On Munday Novemb. 21. the Bill against Barstardie was read the second time Bill against Bastardy and committed to the former Committees in the Bill for erecting of houses of Correction c. to meet at the former time and place Also the Bill for the employment of the Poor and to restrain them from Idleness was read the second time and committed to the former Committees and to meet at the same time and place The Bill for the Lord Montjoy had its first reading The Bill concerning the Lands and Debts of Sir Henry Hatton Kt. deceased was read the second time and committed unto Mr. Controuler Sir Thomas Cecil Sir William Cornwallis Mr. Recorder and others who were appointed to meet on Wednesday next at Two of the Clock in the Afternoon in the Exchequer-chamber On Tuesday Novemb. 22. the Bill for the necessary Habitation and Relief of the Poor and Lame and Blinde in every Parish was read the second time and committed unto the former Committees for erecting houses of Correction c. The Bill for relief of Hospitals poor Prisoners and others impoverished by casual Losses was upon the second reading
committed to the former Committees for erecting houses of Correction c. Also the Bill for setting the Poor on work was read the second time and dashed upon the third Question for the Committee and rejected upon the Question for ingrossing The Bill for relieving of the Poor out of Impropriations and other Church-livings was read the second time and after some speeches both with and against the Bill upon the doubtfulness of the double Question for the committing was upon the division of the House rejected with the difference of 29 voices with the Yea 117. and with the No 146. Three Bills were sent up to the Lords by Mr. Controuler Mr. Chancellor of the Exchequer and others of which the two last were one for the establishing of the Town-lands of Wanting in the County of Berks to the relief of the Poor and the last was for a repeal of a Statute made 13 of her Majesties reign intituled An Act for the increase of Mariners and maintenance of Navigation The Bill concerning certain Lands of Sir John Spencer Kt. Dame Mary his Wife and Robert his Son was read prima vice Three other Bills had each of them one reading of which the second being the Bill for Arthur Hatch was uppon the second reading committed unto Mr. Sands Mr. Philips Mr. Finch Mr. Francis Popham Sir Robert Wroth and others who were appointed to meet on Thursday next at Two of the clock in the Afternoon in the Middle-Temple-hall On Wednesday Novemb. 23. Four Bills had each of them one reading of which the last being the Bill concerning Leases made by the Archbishops and Bishops was upon the second reading rejected upon the question for committing and so likewise upon the question for ingrossing The Bill for repealing part of the Charter granted to the Town of Yarmouth was upon the second reading committed to Sir Robert Wroth Mr. Fulk Grevil all the Burgesses of the Port-towns the Knights for Norfolk and Suffolk Mr. Nathaniel Bacon and others who were appointed to meet on Friday at Two of the clock in the Afternoon in the Exchequer-chamber On Thursday Novemb. 24. seven Bills had each of them one reading of which the last being the Bill for punishment of certain Felonies hereafter to be committed was upon the second reading committed unto the former Committees for the relief of the Poor c. and Mr. Wiseman Mr. Little and Mr. Let were added unto them and the Bill delivered to Mr. Wroth who with the rest were appointed to meet this Afternoon in the Middle-Temple-hall The Bill that Lessees many enjoy their Leases against certain Patentees in certain cases was read the first time The Bill concerning George Durant was read the third time and after many Speeches both with and against the Bill and some tending to amendments to be made in some parts of the same it was in the end deferred from being put to the Question until Saturday next upon some expectation that the parties concerned in the mean time might come to some good end among themselves without any further troubling of this House On Friday Novemb. 25. Four Bills had each of them one reading of which the last being the Bill concerning the Lands and Tenements of Sir John Spencer was upon the second reading committed unto Mr. Winch Sir Robert Wroth Mr. Rotheram Mr. Henry Yelverton Mr. Luke Sir Richard Knightley Mr. Henry Hubberd Mr. Robert Wingfield the Knights of Bedfordshire and Mr. Bourcher and the Bill was delivered to Sir Robert Wroth who with the rest were appointed to meet at the Middle-Temple-hall to morrow at Two of the clock in the Afternoon The Bill for assurance of certain Lands and Tenements unto Robert Cotton Esq was upon the second reading committed to the former Committees in the Bill concerning Sir John Spencer and at the same time and place and there were added unto them Sir John Hungerford Mr. William Cecil and others The Bill concerning the draining of certain Lands and Grounds in Norfolk was upon the second reading committed unto Mr. Nathaniel Bacon Sir Anthony Cope Mr. Henry Yelverton Mr. Henry Spilman Sir Robert Wroth and others who were appointed to meet upon Munday next at Two a clock in the Afternoon in the Exchequer-chamber The Bill for the increase of people for the service of the Realm was read the first time Mr. Secretary Cecil moved the second reading of this Bill to morrow and wished all the Members of this House to be present at the same and provided as they shall think fit to employ their endeavour and Speeches to the furtherance of the proceedings in the said Bill whereupon it was agreed that both this Bill and also that for increase of Tillage shall both of them be read to morrow On Saturday Nov. 26. four Bills had each of them one reading of which the last being the Bill for inrolling and exemplifying of Defeazances was upon the second reading committed unto Sir Edward Hobby Mr. Lieutenant of the Tower Mr. Francis Moore Mr. Edward Luknor and others who were appointed to meet on Tuesday next at two of the clock in the afternoon in the Exchequer-chamber The Bill concerning Transportation of Sheep-skins and Pelts over Seas was read the second time and committed to Sir Robert Carie the Burgesses of Newcastle Barwick Northampton and Lincoln Mr. Francis Moore and others who are appointed to meet on Tuesday next at two of the clock in the afternoon in the Exchequer-chamber The Bill for Husbandry and Tillage was upon the second reading committed to Mr. Francis Bacon Mr. Yelverton Mr. Tasborough the Citizens of all Cities Mr. Green and others who was appointed to meet on Tuesday next at two of the clock in the afternoon in this House Sunday Nov. 27. On Munday Nov. 28. two Bills had each of them one reading of which the second being the Bill for the City of Bristol was upon the second reading committed to Dr. James Mr. Francis Moore the Citizens of Bristol Gloucester Bath and Wells Mr. Green and others who were appointed to meet this afternoon at two of the clock in the Middle-Temple-hall Mr. Coombs and Mr. Henry Powle being Members of this House shewed They were this day served with a Subpoena ad testificand in the Star-chamber by Anne the wife of Thomas Wye Gent. and so moving for priviledge the Serjeant of the House was thereupon charged to bring in the said Anne to appear in this House to answer the Contempt The Bill for increase of people for the strength and defence of the Realm upon the second reading after many Speeches all tending to the good liking and furthering of the said Bill it was ordered to be committed unto the former Committees in the Bill of Tillage so with a Note of the Names of the Committees the Bill was delivered unto Mr. Controuler Mr. Atturney-General and Dr. Stanhopp brought from the Lords a Bill entituled An Act for the better explanation of a Statute made 13 Rginae cap. 4. concerning Tellers and Receivers
Devon Bill to erect a Harbour and Key c. was returned to the House by the Lord Steward with one Amendment which was presently twice read The Bill for prohibiting Fairs and Markets to be kept on the Sunday was read secunday vice and committed Upon the Motion of the Earl of Worcester it was ordered by the House That William Crayford prisoner in the Fleet should come to make his humble submission before the Lords in the said House to morrow by nine of the clock in the morning The Counsel as well of the Company of Plaisterers as Painters were appointed to be heard in this House to morrow in the afternoon On Tuesday Decemb. 15. three Bills had each of them one reading of which the second being for the erecting and making of a Harbour and Key on the north part of Devon in the River of Severn for the safeguard of men and shipping and for the publick good of the Common-wealth was read tertia vice and sent down to the House of Commons for their consideration of an Amendment sent down by Dr. Stanhopp Dr. Swale and Dr. Hone. The Bill for the grant of four entire Subsidies eight Fifteenths and Tenths granted by the Temporalty was read tertia vice and expedited The Bill for naturalizing certain persons born beyond the Seas was read secunda vice The Bill for confirmation of the Subsidy of the Clergy Subsidy of the Clergy confirmed was read prima secunda tertia vice Memorandum That at the second and third reading of the said Subsidy-bill the body of the Grant was omitted to be read according to the accustomed manner and onely the preface and confirmation of the Grant were read and the Bill was sent to the House of Commons by Mr. Serjeant Yelverton Dr. Stanhopp and Dr. Hone. Upon the humble Petition of William Crayford lately committed to the Prison of the Fleet and upon his humble submission and acknowledgment of his offence he was by order of the Court set at liberty Vide concerning this matter on Decemb. 19. following Dominus Custos Magni Sigilli continuavit praesens Parliamentum usque ad horam secundam post meridiem hujus diei About which time the Lord Keeper and divers other Lords assembling the Bill for naturalizing certain persons born beyond the Seas was read tertia vice and expedited Eight Bills were brought up to the House of Lords from the House of Commons of which the first being the Bill for continuance of divers Statutes and for repeal of some others and the second being against the transportation of Ordnance Bill against the transportation of Guns c. Guns Metal Iron-Ore and Iron-shot were each of them read prima vice On Wednesday Decemb. 16. the Bill for the re-edifying repairing and maintaining of two bridges on the River of Edon neer the City of Carlisle in the County of Cumberland was read prima secunda vice Seven other Bills had each of them one reading of which the fourth being the Bill for continuance of divers Statutes and for the repeal of some others and the fifth to redress the misemployment of lands goods and stocks of money heretofore given to charitable uses were each of them read secunda vice Eight Bills were brought up to the Lords from the House of Commons by Mr. Secretary Cecil Sir Walter Rawleigh and others of which the first being the Bill for the ending and appeasing of all differences and debates between Francis Ketleby of the one part and Andrew Ketleby and Jane his Wife of the other part and the second being for the recovery of many thousand acres of marish grounds subject commonly to surrounding with water within the Isle of Ely and Counties of Cambridge and Suffolk Huntington Northampton Lincoln and Norfolk were each of them read prima vice As also the fifth being the Bill for the necessary relief of Souldiers and Mariners was read prima vice A Message was delivered from the House of Commons by Mr. Controuler and others That the said House was not satisfied concerning the Proviso added by the Lords to the Bill entituled An Act for the better observation of certain Orders in the Exchequer and therefore desired a Conference with some of their Lordships about the same The Conference was yielded unto and appointed to be this afternoon at the outward chamber The Bill entituled An Act for the reformation of Deceits of certain Auditors c. was returned to the House with certain Amendments the Bill with the same Amendments was forthwith twice read and ordered to be ingrossed Upon Conference with the House of Commons concerning the Bill for confirmation of Grants made to the Queens Majesty c. it was agreed by the Committees of both Houses That certain Amendments and Provisoes should be added to the said Bill which were returned to the House and presently twice read and so commanded to be ingrossed And thereupon the Bill it self with the said Amendments and Provisoes were read the third time and sent to the House of Commons for their Consideration of the same by Mr. Atturney-General and Dr. Stanhopp Dominus Custos Magni Sigilli continuavit praesens Parliamentum usque ad horam secundam post meridiem hujus diei About which time the Lord Keeper and divers other Lords assembling together eleven Bills had each of them one reading of which the fifth being the Bill for the recovery of many thousand acres of marish grounds subject commonly to surrounding within the Isle of Ely c. the sixth being for redress of certain abuses and deceits used in painting Bill about ensurance amongst Merchants the seventh concerning matters of assurance amongst Merchants and the eighth being for the assize of Fewel were each of them read secunda vice Upon the meeting this afternoon with those of the House of Commons appointed to confer with the Lords Committees in the Bill entituled An Act for the better observation of certain Orders in the Exchequer c. concerning a Proviso added by the Lords to that Bill after some debate by the Committees on both parts thereupon they of the House of Commons did signifie That the said House would allow of the said Proviso so as the same might in some certain points be amended Whereupon question grew between them Whether the said Amendment of the said Proviso should be made in the Upper House upon notice given thereof by the Committees and so be sent down again or else be made in the House of Commons which doubt being reported by the Lords Committees by order and appointment of the House it was agreed by common consent That the Amendments should be made in the House of Commons and sent up in Paper and to be inserted in the body of the Proviso which Order was by the Lords Committees signified to the Committees of the House of Commons and they thereunto assented Whereas it hath been accustomed in former Parliaments that towards the end of the Parliament a Collection should be
Speaks I am sorry and very loath to break a Resolution that I had taken which is for some respects to have been Silent or very sparing of Speech all this Parliament but your Commandments are to me a Law And I will be always ready to pleasure any particular Member of this House in this or the like Design My memory is frail and I know my self unable to Deliver Articulately the Grave Learned Speech of that Wise and Worthy Counsellor who first spake it For hard it is to tell a Wisemans tale after him and therefore to particularize I must plead my Excuse Seeing men of the best Sufficiency may forget when ordinary Capacities may Remember my mind was not then fit for Attention when I had some cause of Distraction He used perswasions of Thankfulness and Obedience as also shewed her Majesties Desire of a Dissolution of this Parliament before Christmass He shewed unto us the Necessity we stand in and the means to prevent it The necessity he said is the Wars between Spain and England the means to prevent it Treasure His Advise was that Laws in force might be Revisited and Explained and no new Laws made The Cause of the War he laid down to be That they were Enemies to God the Queen and the Peace of this Kingdom That they Conspired to overthrow Religion and to Reduce us to a Tyrannical Servitude These two Enemies he Named to be the Bishop of Rome and the King of Spain Our Estate being thus He Summon'd us to be Provident and Confident Provident by reason we deal with a provident Enemy and Confident because God hath ever and I hope ever will Blesse the Queen with Successeful Portune He shewed how Apparent his Providence was for by Experience and Judgment You know his Torturing he giveth and the Means and Courses he taketh for our Destruction And Secondly the Success we have had against him by Gods strong-Arm of Defence in 1588. and diverse times since You see to what Effect the Queens Support of the French Kings Estate hath brought him unto even made him one of the greatest Princes in Europe Yet when her Majesties Forces there left him how again he was fain to Ransome a Servile Peace at our Enemy the Spaniards Hand with Dishonourable and Servile Conditions For the Low-Countries how by Her Aid she hath from a Confused Government and Estate brought them to an Unity of Council and defended them with such Successe in her Attempts against the greatest Power of the Spaniards Tyrannical designs Which hath so much Gauled him that how many desperate Practises have been both Devised Consented unto and set on Foot by Commandment of the late King his Father I need not now shew you nor trouble you with Arguments for Proof thereof being Confessed by them that should have been Actors themselves of those bloody Designs but De mortuus nil nisi bonum I would be loath to speak of the Dead much more to slander the Dead I have seen her Majesty wear at her Girdle the Price of her Blood I mean Jewels which have been given to her Physitians to have done that unto her which I hope God will ever keep from her but she hath worn them rather in Tryumph than for the Price which hath not been greatly valuable Then he fell to perswade us because new Occasions were Offe'rd of Consultations to be Provident in Provision of means for our own Defence and Safety seeing the King of Spain means to make England miserable with beginning with Ireland neither doth he begin with the Rebells but even with the Territories of the Queen her self He shewed that Treasure must be our means for Treasure is the sinews of War Thus much that Honourable Person said from whom I protest I would diminish nothing that should be spoken of if I could Remember more or deliver it better And I had rather wrong my self than wrong him For my own Advise touching the particular Councils of this House I wish Cicil now gives his own advice that we would not trouble our selves with any Fantastick Speeches or idle Bills but rather with such as be for the general good both light in Conception and facile in Execution Now seeing it hath pleased you all with patience hitherto to hear me If with your Favor I may particularize and shew the Grounds of the former Speech touching the State of Ireland I shall be very glad both for my own Discharge and your Satisfaction The King of Spain having quit himself of France by a base and servile Peace forgetteth not to follow the Objects of his Fathers Ambition England and the Low-Countries he hath made diverse Overtures of Peace to which if they might be both Honorable and for the publick good I hold him neither a Wise nor an Honest man that would Impugne them He hath put an Army into Ireland the Number Four Thousand under the Conduct of a valiant expert and hardy Captain who Chooseth rather than to return to his own Country without any Famous Enterprise to live and die in this Service These Four Thousand are three parts of them natural Spaniards and of his best expert Soldiers except them of the Low-Countries those he would not spare because of his Enterprise of Ostend and how dangerous the loss of that Town would be to this Land I think there is no man of Experience but can Witness with me that he would easily be Master of that Coast and that the Trade between England and the Low-Countries were quite Dissolved yea he would be so dangerous a Neighbor to us that we which are Tenants at Discretion are likely shortly to be Tenants by his Courtesie when he is our Neighbor of the Low-Countries what Neighbor hath Spain to whom he shall not be a trouble I will shew you further what besides this he hath done and how Eagle-eyed he is still over us To resist the Turks Attempt he hath sent Ten Thousand Men. To the Low-Countries he hath sent Nine Thousand In an Enterprise of his own against the Turks he hath sent which being dispatched those Souldiers shall return against the next Spring and second these Four Thousand now in the Enterprize for Ireland To resist these Attempts in Being and the ensuing provisions against us Let us consider the certainty of our Estate in Ireland We have there an Army and nothing but an Army fed even out of England with what Charge it brings to the Queen what Trouble to the Subject what danger it is to them there left if the Provision should fail What hurt to the Common-wealth by making things at an higher Rate than otherwise they would be I refer it to your Wisdoms to imagine Over this I assure you It is beyond all President and Conjecture his Pretence and Cause of War there is to desend the Catholick Cause I mean to Tear her Majesties Subjects from her for I may say she hath no Catholick Obedient Subjects there because she standeth Excommunicated
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
of the Chancery Sir Francis Hastings said Sir Francis Hastings By the Leave of your Honourable Favours I will shew you that I my self was yesterday with the Lord Keeper and how honourably I heard him speak of this House That he desireth no more than to shew the Love and Duty he beareth to this House as also that himself would be our immediate Officer and would be willing and glad to receive a Warrant from us so it might be directed to him for his Discharge be it in what Terms soever we pleased And he said he doubted not but if this Honourable House knew so much they would rather choose him than any other Minister Thus much I thought fit to certify this House of which being spoken in private unto me I now deliver in publick unto you For my own Advice I think nothing can be more Honourable to this House than to have a person of so great Estate to whom we may direct our Warrant as our Minister Mr. Francis Bacon said Mr. Bacon It is far more Honourable for this House in my Opinion when our Warrant shall move the Principal Member of Justice than when it shall command a base petty or inferiour Servant to the Clerk of the Crown or the Clerk of the Petty-Bag It will be said our Warrant emanuit improvide when we shall direct our Warrant to these base Officers when we may move the great Seal of England by it even as soon as either Petty-Bag or Petty Officer Mr. Speaker said Mr. Speaker I was ever Zealous and Jealous of the Privileges and Orders of this House I was commanded by you to send forth a Warrant for the Election of a Knight and Burgesse I found a Resolution and judgment Agreed and Resolved That during the time of the Sitting of this House the Speaker for any new Election is to make a Warrant directed to the Clerk of the Crown so that in my doing thereof I hope I have done rightly Mr. Secretary Cecil said 〈…〉 I shall move unto you a Conclusion which will end this Controversy and in the mean time be a Saving unto all persons I mean not to second my former Errour for which I was excepted to That is that Mr. Speaker or any Member of this House should attend my Lord Keeper but that four of this House might be Assigned to go unto my Lord Keeper to know the cause of the Stay as also his Lordship's request unto this House And that other six may be Assigned to call before them the Clerk of the Crown the Clerk of the Petty-bag and the Clerk of this House with their Precedents and Books to see to whom this Warrant hath in former times been directed and whether the Privileges in former times have daunced a Pavan too and Pro and according to the time have been altered This to be done this afternoon and to certify the House to morrow And then We to make a Determinate Resolution To which all said It was a good Motion Mr. Holteroft a Knight for Cheshire said May it please you Mr. Speaker the County-day for Denbyshire is on Thursday next and therefore there had need be speed made or else there can be no Election this Parliament Mr. Speaker said Will 't please you to name the six Committees So the House Named Sir Edward Hobby Serjeant Harris Sir Francis Hastings and three others Mr. Speaker also said Will 't please you to Nominate the four to go to the Lord Keeper So the House 〈◊〉 Mr. Seceretary Hubbart Sir Edward Stafford Sir Edward Stanhop and Mr. Fulk Grevil On Saturday Novemb. 14. The Bill for the Confirmation of the Sale of Lands made by Leaes Lord Mordant Deceased The Bill for Amending the Statute made 8 Reginae concerning the making of Hats A Bill to enable Sir Edward Markham Knight to sell Lands was Read and committed The Committee to meet on Friday in the afternoon in the Court of Wards The Bill for the Repealing of certain Statutes for the Reforming of certain Abuses in Cloathing in the County of Somerset Mr. Johnson said Mr. Johnson informed that he is Subâ—…d Mr. Speaker I being a Member of this House I thought it my Duty to Inform you That my self and divers others are served with Subpanas I do not this either that I am loath to answer or desire to delay Justice but to Inform the House thereof by Peradventure it might be a Precedent or some prejudice to the Priviledge of this House Here is one which is now delivered into my Hand The House Cryed Read it So the Clerk Read it Edvardo Mountague Jacobo Harrington c. indorsatur Stephanus Riddlesden sequitur hoc Another was read Michaëli Hicks Thomae Lowe in Cancellaria Another Henrico Jackman Jeronimo Horsey in Scaccaria ad sectam Thomae Cornwallis Armigeri per Billam Anglicanam Another Michaëli Same 's Riccardo Same 's in Banco Reginae ad Testificandum inter Reginam Johannem Stray After the Reading of which he certified the House thus much That the Informer came to his Lodging this Morning as he was coming out of the Doors and asked for him he told him He was the Man Then quoth the Informer the Queen Greets you well What 's this quoth I A Subpoena quoth the Informer and I charge you to appear upon it according to the Contents Then I told him I was of this House and could not Attend He answered me again There it is I care not look you to it at your Peril Mr. David Waterhouse stood up and shewed David Waterhouse shews Reasons for the Allowing it That the Subpoena came out of his Office and further shewed The Necessity of Obeying it For that a Cause for want of a Witness might be lost And therefore if the Hearing be appointed at a Day certain the Client might peradventure be undone if he should not have this Subpoena ad Testificandum in due time both served and appeared unto Sir Edward Hobby alledged divers Precedents in this Point Sir Edward Hobby shews Precedents against it as the 10th of February 27 Reginae Mr. Kerle served one Roger Stepney with a Subpoena into the Star-Chamber for which he was adjudged to the Serjeant at Arms Keeping for Six Dayes and to pay Five Marks Charges And the 25th of March 27 Reginae Mr. Crook served a Member of this House with a Subpoena into the Chancery and for so doing was adjudged to give a Copy of the Bill and Twenty Shillings for Charges and was committed to the Serjeant's Keeping Mr. Wiseman said Seconded by Mr. Wiseman against it That notwithstanding the Allegation and Excuse of the Gentleman that spake in Favour of the Subpoena ad Testificandum I think it deserveth no more Favour than the other For if the Necessity of the Cause were such that he must needs be served and spared out of this House the Party ought to ask Leave of the House or at least of
Parts of it may be Amended to every ones Satisfaction Mr. Lock said Mr. Lock seconds him Mr. Speaker I think bare Silence is not an Exoneration of a Man's Conscience The Similitude of Offices and Benefices made by the Doctor doth not hold under Favour For Non est incipiendum cum Laicis sed incipiendum a domo Dei Therefore if They begin first We shall follow in avoiding of Pluralities Dr. James said Dr. James against it That it had been said That Pluralities were the Cause of bringing in Corruption into the Church But for that under Favour said he I think the contrary because Corruption is commonly where Poverty is But if Competent Living be given to the Minister I see no Reason why Just Men should judge that to be Corruption Secondly It was said That it would be a Means that Preaching would be more frequent For that I answer That if Hope of Competent Living be taken away it will be a means to make the best Wits resuse the Study of Divinity And therefore an Historian said well Sublatis pramiis corruunt Artes. Consider besides That in England there are not above Eight Thousand Eight Hundred and odd Parish-Churches Six Hundred of which do but afford Competent Living for a Minister What then shall become of the Multitude of our Learned Men They have no other Preferments unless it be to get some Deanary Prebendary or such like which is no easie matter to do they being so few especially in this catching Age. To give the best Scholar but as great a Proportion as the Meanest Artizan or to give all alike there is no Equality For Inaequalibus aequalia dare absurdum And this will breed Poverty in the greatest Learned which is the Mother of Contempt A Thing both Dangerous and Odious unto Divinity This must needs make Preachers preach placentia which is a Thing abhorred even of God Himself A Preacher which is no Ordinary Person ought to have an Extraordinary Reward For the Canon saith He must be Ad minimum Artium Magister aut Publicus aut idoneus verbi Divini Concionator Mr. David Walterhouse said Mr. Speaker Because Mr. Walterhouse for the Bill my self am an Officer I mean only to speak to the Doctor 's Similitude of Pluralities of Offices By the Common-Law an Officer shall forfeit his Office for Non-Attendance So for a Benefice the Incumbent shall also forfeit But after the Statute came which made this Toleration upon Eighty Dayes Absence So that now if we set this Statute at liberty again this shall be no Innovation in us but a Renovation of the Common-Law I will end only with this Caution to the House That commonly the most Ignorant Divines of this Land are double Beneficed Serjeant Harries said Serj. Harries gives the House a Caution not to meddle in it We seem to Defend the Privileges and Customs of the House But if we proceed to determine of this Bill Mr. Speaker we shall not only infringe a Custom which we have ever observed viz. To medle with no Matter which toucheth Her Majesty's Prerogative but also procure Her great Displeasure Admit we should determine this Matter yet Her Majesty may grant Toleration Non Obstante And Mr Speaker the Last Parliament may be a Warning unto us when the like Bill was by us Preferred and the same not only Rejected but also Her Majesty commanded the Lord-Keeper to tell us That She hoped hereafter we would not meddle in Cases of this Nature so nearly touthing Her Prerogative Mr. Martin said I agree with him who said Mr. Martin Learning should have her Reward But I say more Our Souls should have their Spiritual Food And I do wish that Divines may have Promotion not only with good Convenience but also with good Abundance Though I be Zealous yet I hope to Refrain and Restrain my self from that Heat which the Heat of my Zeal and Love of my Country drave me into very lately for which I do not only acknowledge my self Guilty in your Censures but also crave Pardon of every particular Member of this House that heard me But most especially of him I offended So he spake to the Bill Vide His Words spoken in Heat to the Bill of Exeter Novemb. 10. After him an Old Doctor of the Civil-Law spake but because he spake too Long and too Low the House Hawked and Spit An old Doctor speaks so Low and so Long the House Hawk and Spit to make him end Sir Francis Hastings dislikes their Noise and moves against it He speaks to the Bill to make him make an End Which Speech finished Sir Francis Hastings stood up and said My Masters I utterly mislike this strange kind of Course in the House It is the Antient Usage that every Man here should speak his Conscience and that both Freely and with Attention Yea though he speaks never so Absurdly I beseech you therefore that this Way may be amended and this Troubling of any Man in his Speech no more used But to the Matter Mr. Speaker I protest that which I shall Speak I will Utter unto you All out of the Conscience of a Christian Loyalty of a Subject and Heart of an English-Man I know that Distributio Parochiarum est ex Jure Humano non Divino But he that said so must give me Leave to tell him That Distributio verbi Divini est ex Jure Divino Humano If then by the Distributing and Severing of Benefices to divers Learned Men the Word may be the better Distributed and Preached as God be thanked it hath been these Forty Three Years under Her Majesty's happy Government the Period of whose Dayes I beseech the Almighty may be Prolonged I see no reason why we should doubt of the Goodness of this Bill or make any question of the Committing thereof Mr. Roger Owen said Mr. Owen after particular Answers to divers particular Objections made by the Doctors That a Statute was but Privato Communis Juris and this Act will be made no Innovation because it Repeals only the Proviso and not the Body And whereas it was said by a Doctor That Honos alit Artes and much more to that Purpose And If you take away the Honour and Reward then you take away the Study it self For Answer thereunto I say under Favour Mr. Speaker This Statute takes away no Benefices from the Clergy but only better orders the Distribution of Benefices amongst the Clergy For that another Doctor alledged a Canon confirmed under the Great Seal of England I say under Favour That They of the Clergy not We of the Laiety are bound thereby for they are as they were by-Laws unto Them but not unto Us. Then the Speaker stood up The Bill Committed and put it to the Question for Commitment and it was Committed He also asked the House If they pleased to Sit to Morrow being the Queens Holy-day To which after a little Speech it was agreed They should Sit
to Newgate And there after a discharge gotten because he said he was a Servant to a Parliament Man he was no sooner discharged but he was strait again Arrested and carried to the Compter and there laid all Night until he sent to the Serjeant at Armes who fetched him out and kept him in his Custody And now this Day at the Bar he desired the privilege of the House he being a special Servant to a Member thereof Mr. Moore makes a Doubt Whether he could have Privilege so after he was removed out Mr. Francis Moore said I think it will grow a Question Whether he shall have privilege in that his Master is not Sworn nor here Nota Mr. Browne pleads he had as all others Fourteen days before the Meeting or Swearing of the House Where Note The Members then claimed but Fourteen Days before a Session which is now reck'ned Forty Dayes Mr. Brown said Every Parliament-Man hath privilege for himself and Servants Fourteen Days before the Parliament and this is before he is returned or Sworn much more ought we to give privilege in this Case Then was Musket that procured the Arrest brought in and being demanded the Reason How he durst meddle with any Mans Servant of the House he Answered That the said Soliciter being demanded whether he Served any Parliament-Man He Answered No. Which indeed afterwards proved untrue when they were brought Face to Face Then the Serjeant was brought in who said He was put to his Choice Whether he would tarry still at Newgate or go to the Compter Being further asked Whether he could say any more in his own Excuse He said No. So the Solicitor was brought in who justified that he was first Arrested and after Discharged and then the second time Arrested as aforesaid So they were both removed out of the House Sir Edward Hobby took hold of the Speech made by the Serjeant of his Choice to stay in Newgate or to go to the Compter as also that he was doubly Arrested and paid double Fees So after Consultation had it was put to the Question and agreed by the House That they both should pay the Solicitors Cost and Damages and be imprisoned three days in the Serjeants Custody And each of them both Musket and the Serjeant to Pay the Serjeant Attending this House his Fees and the Solicitor to Pay none and so to be Discharged A Bill for Confirmation of Grants made to the Queens Majesty and of Letters-Patents made by her Majesty to others being Ingrossed was Read the Third time and without Speech or denyal Passed only Mr. â—ale of the Temple said No. Mr. Secretary Herbert said Secretary Herbert's Report from the Lord-Keeper According to Your Commandment Sir Edward Stafford and my self went to my Lord Keeper and delivered unto him That Notwithstanding some Allegations which were Alleadged on the behalf of his Lordship concerning our Resolutions about the Warrants which upon mature Deliberation we found by Precedents That they ought to go and be directed to the Clerk of the Crown His Lordship after a small Pause The Keeper's Reply to him c. Answered That he now Considered the Weightiness of divers Businesses that were now in hand The Consultation which we were likely presently to have touching the Bill of Subsidy That the Enemy the Spaniard was Landed in Ireland and the business of those Affairs of great Imports as also his own Business in the Upper-House and the short end which was like to be of this Parliament And therefore he would now not stand to make Contention or shew his further Reasons but prayed us to certify you all That he would be most ready and willing to perform the desire of this House The Bill of Petty-Theft and Patents aforesaid were sent up to the Lords by Sir John Fortescue and Mr. Secretary Hubbart The House called upon Mr. Secretary to go but he desired to be excused because he was troubled with a Cold. A Bill to restrain the Transportation of Money out of the Realm A Bill to prevent Transporting of Bulloin and to Reform certain Abuses in the Exchanges was Read Mr. Fettyplace a Burgess for London spake to this Bill and said Mr. Fettyplace speaks to that Bill It is to be thought that the Netherlander having so much use for Money is the Exporter thereof out of this Realm The French King made it a Law That no man on pain of Death should Export Money thence Germany holdeth the Standard so doth France and so do We. But the Netherlander only doth not and he only thereby gained of all Three There be good Statutes already made to this purpose both in the time of Rich. 2. Hen. 3. Hen. 4. Hen. 5. and Hen. 6. That no Stranger should bring Commodities into this Land but he should bring in so much Money c. He made a very long Speech touching the manner of Trade by Exchange in Merchants Language which I could not well Note So the Bill was committed and the Chequer-Chamber appointed the place and Friday in the afternoon the Time Mr. Henry Mountague shewed That 17. Ed. 4. Mr. Mountague for the Bill such Transportation was made Felony and never since Transportation much heard of till this Queens Days in whose time none of those Laws are in force which if they were revived and set on Foot again I think such kind of Transportation would be less used than it is One of the Burgesses of Yarmouth Moved All Officers of Ports might be certified of such Goods as be Exported and the Skipper bound in Bond to be sent to her Majesties Custom House c. Mr. Davis said Mr. Speaker Mr. Davies about Money and Barture in Trade I hold this Paradox for a true ground of Policy That if there were no Money in the World then this Kingdom were the happiest Nation in the World And the best Age was when there was only bartering of Commodities For one yard of Cloath would be better than three yards of Velvet And an Ounce of Iron for the Use of man better than a Pound of Gold A Bushel of Corn better than ten Bushels of Pepper or other Grain The fundamental Cause of this Bill was That we might not be Cozened of our Moneys who have the best Standard in the World For now the Exchange is Governd by Brokers and as it pleases them the Exchange must Rise and Fall So the Bill was Committed The Bill for Setting of Watches was Read and Committed the Place of meeting appointed the Court of Wards and Tuesday next in the afternoon the Time A Bill for the Relief of Theophilus Adams touching certain obligations reputed to be made void by the Statute of 39 Eliz. intituled An Act c. Some say this Bill was cast out of the House the last Parliament On Fryday Novemb. 20. An Act for the Assurance of the Jointure of Lucy Countess of Bedford A Bill Prohibiting Fairs to be held on Sunday by which
Resolutions according to your Commandments A Bill for making the Parks of Noblemen and Gentlemen of the Realm for the Keeping and Breeding of Horses On Wednesday Novemb. 25. A Bill for Enlarging a Branch of the Statute of 25 Eliz. Cap. 8. touching Gashing of Hides A Bill concerning the Assize of Fuel A Bill for the Levying of Fines with Proclamation of Lands within the County of the City of Chester A Bill for the Re-uniting of Eye and Dunsden to the Mannor of Sunning read the first Time A Bill For the enabling of Edward Nevil of Burling in the County of Kent Esq and of Sir Henry Nevil his Son and Heir Apparent to sell certain Coppy-hold-Lands This Act was brought in after Commitment by Sir Edward Hobby who at the delivery thereof shewed to the House That they had put out Esq in the Title in respect that they would not leave such a Title as Esq for a Monument of Record in Parliament lest perhaps it might in After-ages be a prejudice to the Title of the Lord Abergaveny Also we have said he left out all other Words and Clauses touching that Point As also have added a Proviso For saving of the Right of the two Mr. Vanes Sons to the Lady Vane because the Elder of them layeth Title to the Barony And thus they both being at the Committee with their Councel have given consent to the Bill The Gentlemen are both in the House and can testify as much Therefore I think it good it were put to the Question for Ingrossing And so it was and all said I I I. The Exchecquer-Bill was read The Bill against Trifling Suits was put to the Question And ordered to be Ingrossed The Bill to prevent Perjury and Subordination of Perjury and unnecessary expences of Suits in Law A Bill to prevent the double Payment of Debts upon Shop-Books which was put to the Question for the Ingrossing And most said No. Mr. Speaker after a Silence and every one marvailing why the Speaker stood up spake to this Effect The Speaker delivers a Message from the Queen It pleased Her Majesty to command me to attend upon Her Yesterday in the Afternoon From whom I am to deliver unto you all Her Majesties most gratious Message sent by my unworthy self She yeildeth you all hearty thanks for your care and special regard of those things that concern Her State and Kingdom and Consequently our selves whose Good She hath alwayes tendred as Her own For our speedy Resolution in making so hasty and free a Subsidy which commonly succeeded and never went before our Councels For our Loyalty I will assure you with such and so great Zeal of Affection She uttered and shewed the same that to express it with our Tongues we are not able neither our Hearts to conceive it It pleased Her Majesty to say unto me That if She had an Hundred Tongues She could not express our hearty good Wills And further She said That as She had ever held our Good most dear so the last Day of ours or Her Life should Witness it And that if the least of Her Subjects were Grieved and Her self not Touched She appealed to the Throne of Almighty God how careful She hath been and will be to defend Her People from all Oppression She said That partly by Intimation of Her Councel and partly by divers Petitions that have been Delivered unto Her both going to Chappel and also Walking abroad She understood That divers Patents that She had granted were grievous unto Her Subjects and that the Substitutes of the Patentees had used great Oppression But She said She never assented to Grant any thing that was Malum in se And if in the Abuse of Her Grant there be any thing that is Evil which She took Knowledge there was She Her self would take present Order for Reformation thereof I cannot Express unto you the apparent indignation of Her Majesty towards these Abuses She said Her Kingly Prerogative was tender and therefore desireth us not to speak or doubt of Her careful Reformation For She said her Commandement given a little before the late Troubles meaning the Earl of Essex's Matters by the unfortunate event of them was not so hindred but that since that time even in the midst of Her most weighty and great Occasions She thought upon them And that this should not Suffice but that further Order should be taken presently and not In futuro For that also was a Word which I take it Her Majesty used and that some should presently be Repealed some Suspended and not put in Execution but such as should first have a Trial according to the Law for the Good of Her People Against the Abuses Her Wrath was so Incensed that She said She neither would nor could suffer such to escape with Impunity So to my unspeakable Comfort She hath made me the Messenger of this Her gratious thankfulness and care Now we see that the Axe of Her Princely Justice is put to the Root of the Tree And so we see Her Gracious goodness hath prevented our Councels and Consultations for which God make us thankful and send her long and long to Reign amongst us If through my own Weakness of Memory Want of Utterance and Frailty of my self I have omitted any thing of Her Majesties Commands I do most humbly crave pardon for the same And do beseech the Honourable Persons which do assist this Chair and were present before her Majesty at the Delivery hereof to supply and help my Imperfections which joyned with my Fear have caused me no doubt to forget something that I should have Delivered unto you After a little Pause and Silence the Councel talking one with another Mr. Secretary Cecil stood up and said There needs no Supply of the Memory of the Speaker Secretary Cecil Speaks to the same purpose but because he desires some-that be about him to aid his Delivery and because the rest of my Fellows be Silent I will take upon me to Deliver something which I both then heard and since know I was present with the rest of my Fellow-Councellours and the Message was the same that hath been told you And the cause hath not proceeded from any particular course thought upon but upon private Information of some particular Persons I have been very Inquisitive after them and of the Cause why more importunity was now used than before which I am afraid comes by being acquainted with some course of our Proceeding in this House There are no Patents now of Force which shall not presently be revoked for what Patent soever is Granted there shall be left to the overthrow of that Patent a Liberty agreeable to the Law There is no Patent but if it be Malum in se the Queen was ill apprised in Her Grant but all to the generality are unacceptable I take it there is no Patent whereof the Execution thereof hath been Injurious would that had never been Granted I hope there shall never
into a Consumption the State cannot Choose but shortly be Sick of that Disease It is inclining already A Certainty of Gain is that which this Law provides for And by Policy of Assurance the safety of Goods is Assured unto the Merchant this is the Loadstone that draws him out to adventure and to streach even the very Punctillio of his Credit The Committees have drawn a New Bill far different from the Old the first limitted power to the Chancery this to certain Commissioners by way of Oyer and Terminer The first that it should only be there this that only upon Appeal from the Commissioners it should be finally Arbitrated But lest it should be thought to be very vexatious the party Appellant must lay in deposito c. And if upon Hearing it goes against him must pay double Costs and Damages we thought this course fittest for two Reasons First Because a Suit in Chancery is too long a course and the Merchant cannot indure delays Secondly Because our Courts have not the knowledge of their Terms neither can they tell what to say upon their Cases which be Secrets in their Science proceeding out of their Experience I referr the Bills both Old and New to your considerations wishing good Success therein both for comfort of the Merchants and Accomplishment of our desires The Bill is intituled An Act for Policy of Assurance used amongst Merchants Sir Edward Hobby said It was the good pleasure of this House Sir Edward Hobby to referr the consideration of an Information Exhibited against a Member of this House one of the Burgesses for the Town of Leicester viz. Mr. Bellgrave the Scope and purpose of which Information pretendeth an Abuse to be done to this High Court. The Gentleman himself was at the Committee and did acknowledge the substance of the Suggestion but denyed the Circumstance Some of the Committees Censured it to be an Enormous fault to invest himself for so the words of the Information are in a blew Coat but others were of a contrary opinion because they were satisfied upon Allegations Alleadged that it was done ad reducendam vexationem which had been offer'd unto him and so he thought to right himself this way Besides I am to inform the House that this information is put in Sedente Curia and therefore thought by the Committees some disgrace to the same And because this Gentleman should not take benefit of this Pardon therefore the Information is now put in as I said Sedente Curia which I wish the House to Note And because he should be debarred of remedy against the party he hath therefore caused the same to be Exhibited in Mr. Atturney-Generals name May it please the House because he desireth to be heard and being now here that he may speak for himself in that he told the Committees he had some special matter to deliver unto you and if he shall be found Culpable he would most willingly abide your Censures But because some other Bills were to be read of importance this was referred over till some other time A Bill for continuance of divers Statutes and repeal of some others Mr. Francis Moor desired it might be read and also the Exposition of the Justices upon the Statute of 39. Reginae concerning Rogues which if it please the House he thought fit to be Annexed to that Statute Mr. Bacon said Mr. Facon speaks against a Bill and dashes it There were never yet but two Articuli the one Articuli super Chartas when the Sword stood in the Commons Hands the other Articuli Cleri when the Clergy of the Land bare sway and that done upon deliberation and grave advise I beseech you remember these are done by Judges and privately and perhaps in a Chamber And shall we without scanning or view Enact them It befits not the Gravity of this House And so after a long speech dashed it Doctor Stanhop and Dr. Cary brought a Bill from the Lords Intituled An Act for the more Peaceable Government of the parts of Cumberland Northumberland Westmorland and the Bishoprick of Durham A Bill to prevent the double-payment of Debts sent up to the Lords by Mr. Comptroller and others And a desire withall to have a conference with some few Touching the Bill sent from them of Eye and Dunsden to be re-united to the Mannor of Sunning The cause of this Conference came from a Motion made by Mr. Serj. Harris who said That for some especial cause and interest it was desired which I learned after what it was by Mr. Fettyplace Burgess of London that there was an admitting of all Assurances so the Londoners barred of their right which they had by reason this Eye and Dunsden were part of the Land assured to the City of London for the Loan of Twenty Thousand Pounds Lent to the Queen to be repaid at a certain time And if this Act should thus pass they were barred The Lords returned word That Ten of them would meet And so Twelve of our House were Chosen to meet them to Morrow in the afternoon Mr. Bacon Mr. Bacon upon a question that should have been propounded to the House whether the Statute 39 Elizabeth Touching Charitable Uses should be the General Act or the particular Act Exhibited by Mr. Philips said amongst many other things That the last Parliament there were so many other Bills for the Relief of the Poor that he called it a Feast of Charity And now this Statute of 39 Elizabeth having done so much good as it was delivered to the House And the Lord Keeper having told him that he never revoked but one decree of the Commissioners we should do a most Uncharitable Action to repeal and subvert such a mount of Charity and therefore said That we should rather tenderly foster it then roughly cry away with it I speak quoth he Mr. Speaker even out of the strings of my Heart which doth Alter my ordinary Form of speech for I speak not now out of the Fervency of my Brain c. So he spake somthing more against the Bill put in by Mr. Philips for Repeal by reason Bishops Lands were put in and Inrolments which he said was a good Fetch and Policy for the sole practices of the Chancery Mr. Philips answered Mr. Philips against Mr. Bacon That he would not speak as he had spoken rather out of Humor than out of Judgment neither had he brought to the House a Market-Bill or Mercers Bill concerning the State And so after many perswasions for the Bill and bitter Answers to Mr. Bacon he ended with a desire to put it to the Question whether it should be Repealed by the publique Act or his private Bill Mr. Johnson moved That the Question might be Whether it should be as well in the General Law as the particular Mr. Glascock said Glascock contra Philips I think the Gentleman that last spake Mr. Johnson a surveyor hath better Skill in Measuring of Land than Mens Consciences
to the Bar with Counsel p. 309 Forcible Entries a bill to explain the Statute of 8 Hen. 6. concerning them p. 11 Forestallers a bill against them p. 102 Forms of speech in French at the passing of Acts p. 12 13 49 50 Foul play in the House complained of and briskly argued p. 321 A great stir about it Ibid. French King made great by the Queens supports p. 182 Fuel a bill for the Size of it p. 146 Furnaces see Glass-houses Fustians a bill about them p. 113 G Gaging Brewers and others to be heard about it p. 24 Garbling a bill for reforming abuses in it p. 121 Gavil-kinde a bill to alter the nature of it p. 113 Arguments about it p. 303 Glass-houses and Furnaces a bill about them p. 27 Government of Cumberland Northumberland Westmerland and Durham a bill to make it more peaceable p. 136 Grammar-School of Tunbridge a bill to assure its maintenance p. 11 Grammar-Schools a bill for good order in them p. 113 Grants made to her Majesty a bill to confirm them as also Letters Patents made by her p. 133 H Hartlepool a bill for maintenance of their Poor p. 22 Hats and Caps a bill for their true making p. 253 Hawkers a bill against them p. 210 Heale Sergeant hum'd and laugh'd at p. 205 Is shew'd his mistake Ibid. Hemp it s sowing in England opposed by Sir Walter Raleigh p. 188 Herrings see Fish salted Horses a bill for their breed and increase p. 133 To have Horse Armour and Weapons p. 7 Horse-stealing a bill to prevent it p. 6 106 Hospitals a bill for their erection p. 106 A bill for that of Lamborn p. 10 A bill for that of Bristol p. 88 A bill for that of Warwick p. 93 A bill for that of S. Bartholomew p. 221 A bill for Nevil's Hospital in Yorkshire p. 111 House the Lord De la Ware petitions for his place in it p. 83 Hue and Cry a bill touching it p. 105 Husbandry and Tillage a bill for its increase p. 5 A bill against its decay p. 97 I Impropriations a bill to relieve the Poor out of them p. 107 Inclosures and Inmates a bill to restrain them neer London and Westminster p. 77 Inclosures and Tillage a bill concerning them p. 105 Innes c. a bill to reform disorders in them p. 17 See it debated p. 278 Innovation complained of against the Lords p. 93 Their resolution thereupon p. 94 Invasions greater intented than ever heard of p. 33 Inventions new a bill to monopolize them thrown out p. 311 Journal the Lord Treasurers motion about it p. 83 Joynture a bill to assure it p. 9 See p. 95 98 142. Judges joyned Committees with the Lords p. 5 Justices of Peace their luxuriant power a Grievance p. 275 A hot contest about them p. 275 276 277 A fling at them by the by p. 268 Reflected on from the Queen p. 151 Further Reflections p. 355 A motion against their slanderers p. 277 Jurors a bill for their relief p. 69 K L. Keeper Sir John Puckering his Speech in Parliament p. 32 Answers the Speaker of the Commons p. 36 Replies to him p. 37 His second Reply p. 47 Sir Tho. Egerton his Speech p. 79 80 81 He answers the Speaker p. 150 His Speech in the Star-chamber by the Queens command p. 353 Kersies a bill to repeal a Statute made 14 Reginae p. 284 L Labourers a bill to explain the Statute 5 Reginae p. 89 Lands Bills for sale of them p. 9 88 96 Forfeited for Treason confirmed to the Queen p. 40 Proceedings thereupon Ibid. See Bills for other Sales p. 70 136 Laws superfluous and burthensome a bill to abridge and reform them p. 103 Often spoken against and argued by many p. 180 193 Lease from her Majesty a bill to confirm it p. 91 Leases made by Archbishops and Bishops a bill about them p. 107 Lessees to enjoy their Leases against all Patents p. 96 Letters Patents for Lincoln a bill to confirm them p. 67 Libel complained of called The Assembly of Fools but found to be an old Toy p. 217 License to depart given by the House p. 23 27 Licenses for Marriage their abuses moved against p. 104 Lincoln and Nottingham a bill to confirm Statutes Merchants there p. 114 Logwood a bill to establish it in dying of Cloth c. p. 111 London a bill to confirm the authority of the Lord Mayor in St. Katherines p. 224 The Sheriffs committed 35 H. 8. p. 196 Longford Estover a bill for rebuilding of it p. 103 Lords temporal present at a dissolution of Parliament p. 12 Both spiritual and temporal at commencement p. 13 129 Losses casual a bill for relief of prisoners and others so impoverished p. 107 M Maltsters a bill to suppress their multitude p. 103 Mannors and Lands a bill to give leave to alienate p. 113 Mariners a bill for their increase and maintenance p. 86 A bill for well ordering them and Sea-men p. 113 Marshals man brought before the Lords for an Arrest p. 87 Message from the Queen by Mr. Speaker about Monopolies p. 248 Seconded by Mr. Secretary Cecil p. 249 Joyfully received p. 252 Thanks ordered to be returned p. 253 A motion to record it and further spoken to p. 257 258 Another from the Queen by Mr. Comptroller p. 261 Misdemeanours in leud and idle persons a bill to prevent them p. 133 Mistake about an Adjournment p. 102 About the Question p. 66 About the manner of receiving Bills p. 94 Money transported impoverisheth the Realm p. 21 Better for this Kingdom if none in the world p. 225 Monopolies their Grievance p. 130 Several smart Speeches on that subject p. 230 c. See much more to the same purpose p. 238 239 240 c. Morter-makers alias Plaisterers p. 314 Mortmain a bill touching it p. 21 Motions made by several p. 61 68 One by Sir Arthur Gorge about Justices noted by Secretary Cecil p. 204 Another by the Speaker in behalf of the Clerk p. 16 Musters c. a bill concerning them p. 133 Lawyers to be exempted a pleasant motion p. 329 N Naturalization several bills for several persons See p. 11 40 44 69 78 144 Navie a bill for its maintenance p. 137 Navigation see Mariners Newcastle a bill to confirm Statutes Merchant acknowledged there p. 124 Newport see Dunkirk Two base Towns p. 280 Non-residents see Pluralities Northampton a bill for the Town p. 106 Norwich a bill to establish that Boshoprick against a concealed Title p. 90 Nottingham see Lincoln O Obedience a bill to continue the people in it p. 55 The Heads of it Ibid. Order of the Lords about Painters and Plaisterers p. 147 148 For the relief of Maimed Souldiers p. 42 Ordnance a bill to prohibit their transportation p. 291 Debates some for the bill and some for petitioning the Queen to revoke her Patent p. 291 292 c. The bill asleep in the Lower House p. 333 The Speaker promises to mention it in