help of a number of Souldiers that are seen in the time of this Parliament maimed and so hurt in the Wars of France the Low Countries and on the Seas for the service of the Queens Majesty and of the Realm and for that purpose have allowed that every Archbishop Marquiss Earl and Viscount should pay towards the Contribution the sum of 40 s. every Bishop 30 s. and every Baron 20 s. For collection whereof there hath been appointed the Queens Majesties Almoner the Bishop of Worcester to collect the same of Bishops the Lord Norris to collect the sums payable by the Lords Temporal which hath been diligently done and received by them for all the Lords Spiritual and Temporal that have been present and that have attended to their great charge on the service of the Realm in this Parliament And considering the number of the Souldiers be very many to be relieved therewith notwithstanding the Knights and Burgesses of the Commons House have yielded very good and large Contributions according to their degrees for the better relief of the said maimed Souldiers It is by the said Lords Spiritual and Temporal that have given their chargeable attendance here and have charitably and honourably yielded to this Contribution thought meet and so it is ordered and decreed by them with common and free consent That all the Lords of Parliament that have been altogether absent in this Sessions The absent Peers to pay a double proportion for the relief of the indigent and maimed Souldiers by Order of the House and that shall not have contributed to this charitable Relief before the end of this Sessions shall be required by Letters to be sent to them by the Lords that had their Procurations for their absence or by Letters from the Lord Keeper of the great Seal required and charged to make payment to be made according to their degrees and vocation double the sums of money paid by the Lords that have been here present and continued their attendance that is to say every Earl that hath been absent 4 l. the Archbishop of York to pay as much and every Bishop also to pay 3 l. and every Baron 40 s. And for such as have been here present sometimes and yet very seldom but have been absent most part it is thought meet That every such Lord Spiritual and Temporal shall according to their degrees pay a third part more than the Lords that have been present All which sums of money they shall cause to be delivered to the hands of the Lord Keeper of the great Seal to be afterwards by such Spiritual Lords of Parliament as are chosen for that purpose distributed to the maimed Souldiers as shall be found to have most need thereof The Commons having taken the same method The like whereof the Commons assembled in this Parliament have ordered for all the Members of that House that are absent and have not paid to contribute in double manner which Order is thought very just considering the Lords and others that have been absent and have been at no charge to come up and give their attendance may very reasonably and with a great saving to their charges contribute to this Order And if any Lord Spiritual or Temporal shall refuse or shall forbear thus to do which is hoped in Honour none will do there shall be ordinary means used to levy the same On Friday April 6. Four Bills were each of them once read Eight Bills were this Morning sent up to the Lords from the House of Commons whereof the last was an Act to make void the Spiritual Livings of those that have forsaken the Realm and do cleave to the Pope and his Religion On Saturday April 7. two Bills only were each of them once read April 8. Sunday On Munday April 9. were Three Bills each of them read secunda tertia vice and so expedited Also eight Bills this Morning were sent up to the Lords from the House of Commons whereof one was read prima secunda vice and another read prima vice This Morning finally whereas a Bill entituled an Act touching Power and Repeal of certain uses of a Deed Tripartite therein mentioned of and in certain Mannors Lands and Tenements of Anthony Coke of Rumford in the County of Essex Esquire hath been heretofore three times read and assented unto by the Lords in which Bill there is no Saving to the Queens Majesty or any other person or persons of their lawful estates or titles there was a Saving drawn for her Majesty and all others which was offer'd to this House And some question and ambiguity did grow whether the Saving should be now added to the Bill and in the end it was Resolv'd the same should be added to the Bill for that it is usual and requisite to have such Savings in every Bill and for that there was nothing in the Saving contrary to any matter in the Bill and that her Majesties Right and all others be saved thereby And nevertheless upon weighty Considerations the Lords have ordered that this shall not hereafter be drawn to make any president Then the Lord Keeper continued the Parliament till the Morrow following on which it ended which said Continuance is entred in the Original Journal-book in Manner and Form following Dominus Custos Magni Sigilli continuavit praesens Parliamentum usque in diem Martis hora octava On Tuesday April 10. In the Morning were two Bills read whereof the first was an Act for Naturalizing of certain Englishmens Children born beyond the Seas tertia vice lect expedit And the second was an Act for the Queens most gracious and free Pardon which was read only once and then passed the House Nota That the Bill or Act for the Queens general Pardon passeth each House upon the first reading whereas other Bills cannot be expedited without being thrice read both by the Lords and Commons The Queens Majesty came not till the Afternoon and therefore in this place through the negligence of the Clerk the continuing of the Parliament until some hour in the Afternoon is omitted which should have been inserted Between 5 and 6 a Clock in the Afternoon this present Tuesday being the 10 of April the Queens Majesty The Queen comes to Dissolve the Parliament accompanied with her Officers and dayly Attendance came to the Upper-House and assoon as her Majesty with her Lords Spiritual and Temporal and the rest that have place there were set the Knights Citizens and Burgesses of the House of Commons having notice thereof came up with their Speaker bringing with them the Bill of the Subsidy The Speaker being placed at the Bar of the Upper-house and as many of the Commons as could conveniently be let in after humble Reverence to her Majesty spake as followeth The Speakers Speech to the Queen THe High Court of Parliament most High and Mighty Prince is the greatest and most antient Court within this Your Realm for before the Conquest
an Act concerning a Lease of great yearly Value procured to be passed from her Majesty by William Kirkham read prima vice Kirkham and Ambrose Willoughby Esq to be warned to attend the Lords on Munday-morning next at which time it is appointed the said Bill shall be read the second time An Act concerning the draining and recovery from the water certain overflown Grounds in the County of Norfolk An Act for draining of Lands secunda vice lect and referred to the same Committees upon the Bill formerly read of that kind concerning 300000 Acres c. with addition of the Lord St. John and Mr. Atturney to attend appointed to meet c. and such Parties as the same may concern to be warned to attend On Saturday Jan. 14. certain Objections unto a Bill entituled An Act for the increase of People c. were set down in writing by Mr. Atturney-General and brought into the House by the Lord Archbishop of Canterbury the first of the Committees and the same sent to the Lower House for their consideration thereof according to a Promise made by their Lordships to the select Committees of the Lower House at the meeting yesterday about the Bill delivered by Mr. Atturney and Dr. Stanhopp Certain Knights and Burgesses of the Lower House were sent to their Lordships to desire a Conference with a competent number of that House concerning the Amendments and Provisoe added to the Bill entituled An Act for erecting of houses of Correction and punishing of Rogues Vagabonds c. whereupon choice was made of the Lord Archbishop of Canterbury the Lord Admiral the Earl of Shrewsbury and the Bishop of Winchester and two Barons being part of the number formerly appointed upon the Bill the two Chief Justices and the Chief Baron Mr. Serjeant Drew and Mr. Atturney-General to attend them and the same presently signified to the same Knights and Burgesses but with this caution That whatsoever had been mended or added by their Lordships could not now be altered by the Orders of the House howbeit to yield the Lower House satisfaction of the reasons that moved their Lordships to make those Amendments they assented to a Conference the meeting appointed to be in the outward Chamber of the Upper House of Parliament on Munday-morning at eight of the clock The Earl of Essex not able to attend for want of health certified by the Lord North. The Bishop of Landaff absent by reason of sickness signified by the Bishop of Chester On Munday Jan. 16. Report was made by the Lord Archbishop of Canterbury That upon meeting of such of the Lords of the Higher House as were appointed this day to confer with certain select Knights and Burgesses of the Lower House concerning the Amendments and Provisoes added by their Lordships to a Bill entituled An Act for erecting houses of Correction c. the said Knights and Burgesses do hold themselves satisfied upon the Reasons alleadged by their Lordships in some part of the said Amendments but not in all Kirkham was called into the House before their Lordships and after he had been heard what he was able to say on his own behalf the same Bill was read a second time viz. An Act concerning a Lease of great yearly Value procured to be passed from her Majesty by William Kirkham and commanded to be ingrossed A Motion made that a Proviso should be added to the Bill concerning the Bishoprick of Norwich which Proviso was presently drawn in the House by Mr. Atturney-General and thereupon read And for the more expedition in the proceeding of the Bill it was thought meet that the Lord Archbishop of Canterbury Lord Marshal Lord Admiral Bishop of London Lord Chamberlain and Lord Cobham should confer with a competent number of the Lower House about the said Proviso Whereupon Mr. Serjeant Drew and Mr. Atturney were sent to the Lower House to signifie the same unto them who presently assented to a meeting and made their repair to their Lordships forthwith An Act for enlarging the Statute made for following of Hue and Cry in 27 Reginae in some sort to relieve the Inhabitants of the small hundred of Beyvershe alias Benhurst in cases where they are in no ways voluntarily in default and yet they are or shall be charged by the same Statute and by two ancient Statutes the one made 13 Edw. 1. and the other 28 Edw. 3. for repressing Robberies On Tuesday Jan. 17. a Proviso drawn by Mr. Atturney by commandment of the House to be added to the Bill for establishing of the Bishoprick of Norwich c. was twice read and commanded to be ingrossed and then both the Bill and Proviso read the third time and returned to the Lower House for their consideration on the Proviso An Act for some better staying of Corn within this Land to give liberty to English Subjects sometimes to buy Wheat c. and to sell the same again in the same kind for the better relief of the Common-wealth tertia vice lect and rejected On Wednesday Jan. 18. the Lord Keeper signified to the House That the Parties that followed the Bill for the Hospital of Warwick are not provided of their Counsel learned whereupon the House assigned them a new day viz. Friday morning next An Act for avoiding of bringing of Pins into this Realm made and wrought in forraign parts beyond the Seas secunda vice lect and rejected The Amendments agreed upon by the Committees upon the Bill of Tillage appointed to be brought into the House to morrow-morning by the Lord Chief Justice of England An Act for the better furnishing and supply of able Chyrurgeons in and to the Land and Sea-service for her Majestie and the Realm secuuda vice lect A Bill about Chirurgeons for Sea-service The Lord Buckhurst signified that upon a Letter written unto him by the Lord Marquess of Winchester notifying his present sickness whereby he was not able to give his attendance as yet the said Lord Buckhurst according to the request of the said Lord Marquess having moved her Majesty therein it pleased her Majesty to hold him excused until his recovery and commanded that he should then give his attendance On Thursday Jan. 19. Answer was returned in writing from the Lower House and delivered by certain Knights and Burgesses sent for that purpose unto the Objections taken by their Lordships to some points of the Bill intituled An Act for the increase of People for the service and defence of the Realm which Objections were formerly delivered unto them in writing upon their request made to their Lordships Certain selected persons of the Lower House viz. Sir William Knolles and Sir Edward Hobby Kts with divers others coming from the said Lower House delivered a Message Complaint of the Commons of an Innovation by their Lordships signifying that the Knights and Burgesses desired to receive satisfaction from their Lordships concerning an Innovation as the said Knights and Burgesses supposed very lately begun in the Upper House
the putting thereof to the Question whether it should pass or no the Lady Fane yielded her consent to the passing of the same being thereunto perswaded by sundry of the Lords The Bill to avoid the double payment of Debts was read secunda vice The Lord Treasurer made Report That the Committees in the Bill concerning Letters-Patents c. could not proceed to any certain Conference with those that were sent from the House of Commons for that purpose in respect of some doubts that were conceived whether the Proviso offered to be annexed thereunto were necessary or no. And thereupon Mr. Atturney-General was required to deliver his Opinion on that behalf which being done by him accordingly to this effect That he thought the said Proviso needless and unnecessary and the Judges also concurring with him in that opinion nevertheless upon a Motion made by the Lord Bishop of London that the Counsel learned of the Earl of Shrewsbury and Mr. Holcroft whom the said Proviso did concern in particular might be heard in the House as they desired touching the same it was thought meet and agreeable to the honour and equity of the House that they should be so heard to which end their Counsel were appointed to give their attendance to morrow by eight in the morning And moreover for the better satisfaction of the House of Commons for the present Mr. Serjeant Yelverton Dr. Carewe and Dr. Stanhopp were sent unto them with this Message to signifie their Lordships desire to have proceeded to Conference with them this morning about the said Bill as was yesterday appointed and that the Lords were the more willing to give furtherance to the expediting of the said Bill in regard the same was especially recommended unto their Lordships from the said House but forasmuch as they found not themselves sufficiently prepared for this Conference by reason of some doubts that were not yet cleared unto them they desired the said Conference might be respited until Friday morning next at eight of the clock at the outward chamber neer the Parliament-presence unto which Motion the House of Commons willingly consented On Thursday Decemb. 10. the Bill for the establishing of the remainder of certain lands of Andrew Ketleby Esq upon Francis Ketleby was read tertia vice and sent to the House of Commons by Dr. Stanhopp and Dr. Hone. Two other Bills had each of them one reading of which the first being the Bill to avoid double payment of Debts was read tertia vice and expedited The Bill concerning Resumptions c. was this day delivered to the Lord Treasurer one of the Committees The Counsel learned as well on the behalf of the Earl of Shrewsbury as on the behalf of Thomas Holcrost Henry Candish and William Candish Esquires were heard at large in the House and thereupon Mr. Atturney was required to deliver again his Opinion concerning the said Provisoes offered on either part which being done accordingly in more ample and particular manner than he had done before and having also delivered his Resolution to sundry Questions propounded to him by divers of the Lords concerning the said Cause it was ordered as followeth Upon Debate in the House concerning several Provisoes offered by the Earl of Shrewsbury and Thomas Holcroft Henry Candish and William Candish Esquires to be annexed to the Bill entituled An Act for confirmation of Grants made unto the Queens Majesty and of Letters Patents made by her Highness to others it was at last agreed That the Lord Chief Justice of her Majesties Bench and the Lord Chief Justice of the Common-Pleas calling unto them the rest of the Judges and Mr. Atturney-General should draw some new Provisoes such as they should think indifferent for all parties and meet to be annexed to the said Bill and should present the same to the Lords to morrow in the morning before their Conference with the House of Commons concerning the said Bill The Lord Keeper signified unto their Lordships that he received command from her Majesty to let them understand her pleasure to be that the Parliament should end on Thursday the 17. or Friday the 18. of this instant Decem. at the furthest to the end that their Lordships may repair home to their Countries against Christmas and therefore she required them to employ and spend that time that remaineth in matters concerning the Publick and not in private causes Memorandum The Commons desire a Conference with the Lords about a Bill preferred in the Star-chamber against a Member of their House Quod dicto decimo Decembris those of the House of Commons that were appointed to confer with some of the Lords upon the Message lately sent from the said House signifying their desire of Conference for some matters touching the honour of both Houses did make known to the Lords the Committees nominated for that purpose That the occasion of such their Message was for that as they were informed Mr. Atturney-General had preferred a Bill into the Star-chamber against one Belgrave a Member of the House of Commons for and concerning some matter of Misdemeanour pretended to be done towards the Earl of Huntington a Lord of the Upper House and therefore they desired this mutual Conference letting their Lordships understand That to the preferring of the said Bill they conceived just exceptions might be taken by them for two respects first that Belgrave being a Member of the House of Commons was thereby vexed and molested during his service in time of Parliament contrary to the honour and priviledge of the House saying that no Member of that House ought by any such means in time of his service to be distracted either in body or minde The other because in the said Bill They reflect on the Att. Gen. for preferring the said Bill because he had formerly been their Speaker and so ought to be tender of their Priviledge and Honour preferred by Mr. Atturney-General who had been heretofore Speaker of that House and therefore as they thought ought to have more regard to the honour and liberty of the same Certain words and clauses were inserted which were taken to be prejudicial and derogatory to the honour of the said House And therefore they desired that the Lords would peruse and consider of the said Bill Whereupon the said Bill being offered to be read and forasmuch as it appeared that it was not an authentical Bill testified by the hand of the Clerk of the Star-chamber as it had been meet the Lords thought it not fit though otherwise they were willing to have it read nor agreeable to the proceedings of such a Court that the said Bill or Scroul shall be received to reading And therefore with a Message to that effect were pleased to send it down again to the House of Commons by Mr. Serjeant Yelverton and Dr. Hone who finding the House risen before they came brought the said Bill back again On Friday Decemb. 11. the Bill concerning Gaptains Souldiers and other in the Queens
First that all should remove into the Court of Requests There the Lord High-Steward sitting at the door called the Knights and Burgesses of every County according to the letters of their names in the Alphabet Alphabetically every one answered as he was called and having answered departed thence up to the Parliament-house-door and there took the Oath of Supremacy given him by one of the Queens Majesties Privy Counsellors His Oath taken The Members are sworn then he entered again and took his place as Knight or Burgess of the House The Fee for entering his name into the Serjeants book is 2 s. the Rewards to the Door-keepers being 3 s. and 8 d. the Fee for returning the Indenture 2 s. This done there was no further proceeding in any matter till two of the clock in the afternoon about which time the Nobility came and were set in the Upper House The Qu. comes to the House of Lords the Queen came privately by water After her Majesties coming and the Lords being all sat the Lower House had intelligence thereof and went to attend in the Upper House below the Bar being well repleated with those that had gotten in before privately The door was shut upon us until the Lord Keeper had gone a good step in his Oration The Lower house finding themselves discontented at this because of custome the way ought to have been opened murmured so loud that the noise came to her Majesties ears who presently commanded the doors to be set open which was done and by that time the Lord Keeper was upon these words following The former part of his Oration seemed to set forth matter of form onely as the manner of Parliaments their Antiquities c. The Lord Keeper's Speech HE set forth the great malice of the King of Spain which he had towards this Realm and that he shewed by sundry instances His last Invasion intended Heads of the Lord Keeper's Speech Vide Journal of the House of Lords his Forces then addressed out of the Low Countries for that purpose to have been conducted by the Duke of Parma The high and mighty Ships that he then prepared and sent for that purpose which because he found not fit for our Seas and such a purpose he is building Ships of a lesser bulk Spaniards preparations by Sea after another fashion some like French Ships some like the Shipping of England and many he hath gotten out of the Low Countries He is now for the better invading of England planting himself in Britain Plants himself in Britany a Country of more facility to offend us than the Low Countries there he hath fortified himself in the most strong Holds in that Country In Scotland he hath of late wrought most of the Nobility to conspire against their King to give landing to his Forces there Corrupts the Scots against their King to assist him to invade England and to assist him in his Invasion and a great part of the Nobility in Scotland are combined in this Conspiracy and they have received great sums of money for their service herein And to assure the King of Spain of their Assistance To which they consent they have signed and sent their Promises sealed unto that King These Conspiracies the King of Scots was brought hardly to believe but that her Majesty advertised him thereof having received intelligence thereof as she hath of all things done and intended in those parts The King of Scotland informed of their practices by the Queen And that the King might better advise thereupon her Majesty hath sent one of her Noblemen into Scotland and that King hath assured her Majesty with all his ability and endeavour to prevent the Spaniard whose purpose is on the North part to assault us by Land and on the South side to invade us by Sea which is the most dangerous practice that could be devised against us And now the Rage of the Enemy being such his Forces joyned with other Princes his adherency is great the charge of her Majesty for the defence of her Realm both with Forees by Sea and Armies by Land hath been such that hath both spent the Contribution of her Subjects by Subsidies and what otherwise they have offered her and also consumed her Treasure yea caused her to sell part of her Highness Crown-lands And it is not to be marvelled how all this is consumed but rather to be thought how her Majesty could be able to maintain and defend this her Realm against so many Realms conspired against us Wherefore we her Majesties Subjects must with all dutiful consideration think what is sit for us to do and with all willingness yield part of our own for the defence of others and assistance of her Majesty And therefore he wished that care might be had for advancing of the Subsidies from the wealthier and better sort and concluded with a desire that the greatest part of the time might be spent by material short Speeches in advising and providing for the defence of the Kingdom against the forraign Enemy After which Speech ended her Majesty calling the Lord Keeper unto her by whose commandment he gave the Lower House authority to chuse their Speaker and to present him on Thursday following the 22th day of February unto which day he adjourn'd the Parliament Upon this Adjournment the Knights Citizens and Burgesses of the House of Commons departed into the Lower House and there chose Edward Cooke Esq the Queen's Sollicitor to be their Speaker who after a discreet and modest excuse of himself was notwithstanding called to the Chair and placed in it After the Ceremony ended the House of Commons likewise departed for this day On Thursday Feb. 22. the Knights Citizens and Burgesses of the House of Commons met about one of the clock in the afternoon and about three the same day having notice that the Queens Majesty and the Lords were sat in the Upper House expecting them and their Speaker they repaired thither and as many as could getting in the Speaker was placed at the Bar where having with all humility excused himself and confessing that in the said House there were many more experienced Members thereof and better enabled for that service To which Speech the Lord Keeper having Instructions from the Queen answered That her Majesty did very well allow of himself to the Place to which he was chosen and did also commend the House of Commons for so discreet and fit a Choice Upon which Speech the Speaker accepting of the said Charge with all humble acknowledgment of her Majesties grace and favour towards him did in the conclusion thereof make these Petitions of course for the House of Commons and in their Names That they might have free liberty of Speech and freedom from Suits and Arrests of themselves and their followers and that they might have Access to her Majesties Royal Person upon all urgent and important occasions petitioning also for himself that if any thing were
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
Part of the Artificial Body but of Us the General Body when he hath his Free Voice as though he had never spoken before Then the Speaker stood up and said I will propound two Questions The First If when a man hath spoken against the Body of a Bill Speaker puts two Questions about the former Controversy he may be a Committee The Second If any Committee speak against a Bill at the Commitment yet whether he may speak again and have his free Voice Now quoth he I will propound the first Question All that will have a man that hath been against the Body of the Bill to be a Committee let them shew their Opinions by saying Yea. And not one said Yea. All that will not say No. And all said No. So he did for the second Question And not one said No but all Yea. Then he put it to the Question Whether they of London notwithstanding this Order in respect this Commitment so greatly concerned the State should be Committees And the Yeas were greater than the Noes Then he put it to the Question Whether the Two aforesaid Rules should be Entred for Orders of Record And all said Yea. On Thursday Novemb. 12. A Bill was Read for Confirming of Letters Patents made by King Edward Six to Sir Edward Seymor Knight A Bill for the Explanation of the Statutes made 3 4 5 Edv. 6. against Buyers of Butter and Cheese to sell again and against Ingrossers and Forestallers A Bill against the unlawful Hunting and Stealing of Deer in the Night-time was Read the first time A Bill for the Redressing of certain inconveniencies in a Stat. 21 Hen. 8. Cap. 13. Intituled An Act against Plurality of Benefices for taking of Farmes by Spiritual men and for Residence This Bill was drawn by Robert Eyre of Lincolns-Inn That the Proviso of that Statute might be Repealed A Bill for avoiding Frivolous Sutes in Court at Westminster To which Bill one Lashbrook an Attorney spake and shewed the Inconvenience of Scriveners being Atturnies and practising in their Names The Bill against Fraudulent Administration of Intestates Goods after Ingrosment Read and passed The Bill of VVrits of Error also Read after Ingrosment Passed VVhilst there were divers Disputes of this Bill Mr. Fleming the Queen's Solicitor took the Bill to look a word in it after he had done and laid it on the Board One Mr. Brown Clerk A Rule in the House about Bills Comptroller to the Queens Houshold stood up and said Mr. Speaker You should after a Bill is ingrossed hold it in your Hand and let no Man look into it which was confessed by all And so the Speaker took it The House was moved to send these two Bills to the Lords and they Chose Mr. Comptroller and he accompanied with divers others went with them and returned within half an hour The Bill for the Denization of certain Persons viz. Will. Millet Ann Pope George Chandlor Peter Eaton Nicholas Eaton Nicholas Taylor and others Denization of certain Persons was Read the second time and put to the Question to be Ingrossed And all said Yea and there was not one No and never Committed The Bill for Erecting of a Haven or Key on the North-part of Devon on the River of Severn The Officer that Arrested Mr. Cook 's man was brought to the Bar and upon his Submission after a sharp Exhortation was dismissed paying the Serjeant's Fees A Bill for Confirmation of Grants made to the Queens Majesty and of Letters Patents made by Her Majesty to others Read Secunda Vice and then it was Committed On Friday Novemb. 13. The Bill against the Covetousness of Butchers for Buying and Ingrossing of Lambskins out of Markets and Fairs And a Bill against Pedlars Petty-Chapmen and Hawkers A Bill against Hawkers c. And a Bill for Cloath-workers And a Bill against wilfull Absence from Church on Sundays which Bill Sir Rob. Wroth preferred The Effect whereof is for the better gathering of One Shilling for every Absence which is given by the Stat. of 1 Reginae and the Statute is limited to indure the Queens Reign which was greatly whispered at and Observed in the House The Bill for matters concerning Assurance used amongst Merchants being moved for a Commitment and put to the Question there was not one No. Sir Hugh Beeston stood up in the lower end of the House and said Sir Hugh Beeston We that be here cannot hear you that are above I would it would please them that speak there to speak Louder Also I am to Certify that I am here for a Town but not in mine own Countrey Denbyshire or for any part thereof but if I should not speak something in behalf of my Country I dare not go thither again Therefore I heartily beseech you A Motion about a new Writ Mr. Speaker that the House may be Resolved what course is taken according to the Order of the House for the Election of a Knight and Burgess for they can not but find themselves greatly grieved for want of the Election but what is done I know not Mr. Secretary Cecil said Secretary Cecil reports Because I am the Reporter of the Election as also of the Proceeding I will now also Certify you that there was Order taken for the sending out of a new Warrant for the Election but what is done therein I also know not Mr. Speaker said Mr. Speaker gives Account of it I gave Warrant to the Clerk of the Crown according to the Antient Form to send forth a new Writ who answered me That the Lord Keeper desired to have the Warrant directed to him to have a new Writ and for his Warrant for Sealing thereof So that nothing is done therein in until the Pleasure of the House be known Sir Edward Hobby said There is no Court that doth not observe its Rights and follow its Privileges Sir Edward Hobby Speaks to it Much more this High Court of Parliament being the Greatest and Commander of all other Courts doth and ought to Observe the same most strictly And all the Precedents that I have seen touching this Point have ever gon to the Clerk of the Crown and no other And therefore I take it that that Course ought inviolably to be Observed Sir George Moore said Sir George Moore c. I agree with the Gentleman that last spake That Precedents ought to be Observed yet to be altered upon urgent Occasions or by necessity of time Knowing this I take it as my duty to Inform you if any alteration hath been it proceeded from imperfection of the Speaker It was well Observed by an ancient Member of this House who is now with God that no Conference with the Lords touching a Subsidy should be had yet that Rule hath been altered in late Parliaments by reason of special Causes So I do think it would be more Honour to this House to direct a Warrant to the Lord-Keeper than to an Inferiour Minister
the Speaker or intreat him to relate the same to the House Sir George Moore said Sir George Moore of the same Opinion I think as the Gentleman that last spake for the like Subpoena being brought the Last Parliament it grew a Question Whether it was an Impeachment to the Privileges of the House And after some Dispute an Antient Member of this House shewed divers Precedents how that the Minds of the Members of this House ought to be freed as well as their Bodies Whereupon two Members of this House were sent to require the Lord-Keeper to Reverse that Subpoena He also spake of a Quo Warranto for the Liberties of the Black-Fryars with-held Then it grew to a Question Whether a Burgess of the Parliament may be served with a Subpoena ad Testificandum and concluded He could not So after this Dispute it was agreed That the Serjeant should be sent to Arrest all those to appear that had procured the Subpoena afore-said to answer their Contempts with all speed Sir Francis Hastings stood up and made a Relation of the Proceedings which he with the other Committees according to the Commandment of the House the Day before had made He said Sir Francis Hasting 's Report We have called before us the Clerk of the Crown the Clerk of the Petty-Bagg and Our Clerk of the Parliament The Clerk of the Crown shewed unto us five Warrants and one Order all in one Course and one Form in 27 Reginae Three of the Warrants were directed to the Clerk of the Crown Two without Directions he shewed unto us Two Writs without Warrants Then we called the Clerk of the Petty-Bagg who would shew us no Warrants but only a Record of a Writ in his Roll 39 Reginae Only he said but we heard him not That Warrants had been granted to the Clerk of the Petty-Bagg The Clerk of the Parliament shewed unto us Two Precedents one of the Fifth and the other of Thirteenth Reginae both without Direction but with these or to the like Effect as I take it It is required such and such a Thing be done c. Sir Edward Hobby said Sir Edward Hobby 's Report Because the Truth hereof might be made more plain and that it pleased you to command my unworthy Self to attend Yesterdayes Service I will under the Favour of the Gentleman that last spake make a Repetion ab Origine a little longer than he did for your Satisfactions of this House and our Pains It pleased you to depute Six for this Service Five attended the Serjeant at Law Mr. Serjeant Harris of whose Furtherance we best hoped deceived both your and our Expectations The Clerk of the Crown the Clerk of the Petty-Bagg and the Clerk of the Parliament attended us The Clerk of the Petty-Bagg delivered unto us a fair Record containing a Writ sent out Sedente Parliamento for so are the Words It was for the Knights in Yorkshire and Lancashire c. This was all he could shew Only he said An old Officer would be sworn There were more but lost by Mr. Garth's Decease The Clerk of the Crown dealt with us two wayes The First By way of Experimented Officers The Second By way of Precedent For the First One Steven Browne was brought before Us who had been an Officer in the Crown-Office these Thirty-Six Years And being asked If he knew how Warrants were directed He answer'd That in the Time of the Lord-Keeper Bacon when he was Speaker of this House they were directed to the Clerk of the Crown Being further asked If they were ever impugned He answer'd No. Being asked Where these Warrants were kept He answered On the Labels in the House The said Clerk shewed us Five Precedents and One Order The rest were lost by Mr. Watson's Death as the other Precedents were by the Death of Mr. Garth The Clerk of the Parliament produced Warrants indefinite of 13 Reginae when Sir Christopher Wray Knight was Speaker As also an Order dated the Eighteenth Day of March 1580. die Sabbati That a Warrant should be directed to the Clerk of the Crown to Choose a New Burgess for Norwich instead of one Beamont The Words whereof were It is required by the Knights Citizens Burgesses and Barons c. And also another Order dated die Sabbati 18 March Anno 1580. In these Words It is further Agreed upon and Resolved by this House That during the Time of the Sitting of this Court there do not at any Time any Writ go out for the Choosing or Returning of any Knight Citizen Burgess or Baron without the Warrant of this House first directed for the same to the Clerk of the Crown according to the Antient Jurisdiction and Authority of this House in that behalf accustomed And another Warrant subscribed Henry Gates William Fleetwood who were Committees in Examining of a Cause touching one Henry Beremaker and Anthony Wilde The Effect whereof was That for as much as they were Arrested into the King's-Bench whereas we find them Privileged as Members of this House A Warrant was directed to the Clerk of the Crown for making VVrits of Privilege as afore-said Dated from Westminster the Sixth Day of December 1586. Therefore in my own Opinion His Opinion and according to these Precedents I think the Warrant ought to be directed to the Clerk of the Crown Sir George Moore stood up and shewed a Precedent Sir George Moore of the other Opinion Dated on Fryday the Second Day of March 35 Reginae Where a New Writ was to be awarded out concerning one Mr. Fitz Herbert and a Writ of Privilege to come from the Chancery And the Speaker made a Warrant to the Lord-Keeper to make a New Writ in the like Case both touching Southwark and Melcombe Re ' So I think the Warrant ought to be directed to the Lord-Keeper Mr. Tate of the Middle-Temple shewed That Ratio Legis Mr. Tate's Opinion was Annima Legis And he that presents a Precedent without a Reason presents a Soul without a Body There is a Difference of Writs There be Brevia ex gratia Speciali and Brevia Cursoria The Writs which we speak of are Brevia Cursoria And therefore when the Warrant hath gone from the Speaker to the Clerk it hath caused the Writs to be Sealed of course by the Lord-Keeper c. Mr. Secretary Harbert shewed How that He Secretary Harbert reports from the Lord-Keeper with the other Three by their Commandments had been with the Lord-Keeper whom we found most Honourably to Entertain both me and the rest and that his Lordship did greatly respect the Majesty and Gravity of this House and said He would be loth to derogate any thing from Either Notwithstanding he hoped and prayed That if any former Precedents had improvidently gene from this House or contrary to the most Antient Usage that we would now Settle our Resolutions and Establish and Decree that which might be a sufficient warrant unto him to
of Her Servants That we must go and cry out against But if She grants it to a Number of Burgesses or Corporation that must stand and that forsooth is no Monopoly I say and I say again That we ought not to deal or meddle with or judge of Her Majesty's Prerogative I wish every Man therefore to be careful in this Point And humbly pray this House to testifie with me That I have discharged my Duty in respect of my Place in speaking on Her Majesty's Behalf and do protest I have delivered my Conscience in saying what I have said Doctor Bennet said Dr. Bennet against the Monopoly for Salt He that will go about to debate Her Majesty's Prerogative Royal must walk warily In respect of a Grievance out of that City for which I Serve I think my self bound to speak That now which I had not intended to speak before I mean a Monopoly of Salt It is an Old Proverb Sal sapit omnia Fire and Water are not more Necessary But for other Monopolies of Cards Sir Wal. Rawleigh Blushes At which word Sir Walter Rawleigh Blush'd Dice Starch c. they are because Monopolies I must confess very Hateful though not so Hurtful I know there is a great Difference in them And I think if the Abuse in this Monopoly of Salt were Particularized this would walk in the Fore-Rank Now seeing we are come to the Means of Redress let us see it be so Mannerly and Handsomely handled that after a Commitment it may have good Passage Mr. Laurence Hide said Mr. Laurence Hide to the same Bill I confess Mr. Speaker That I owe Duty to God and Loyalty to my Prince And for the BILL it self I Made it and I think I Understand it And far be it from this Heart of mine to Think this Tongue to Speak or this Hand to Write any Thing in Prejudice or Derogation of Her Majesty's Prerogative Royal and the State But because ye shall know this Course is no new Invention but long since digested in the Dayes of our Fore-Fathers above Three Hundred Years ago I will offer to your Considerations one Precedent in the 50 Ed. 3. At which time one John Peache was Arreigned at this Bar for that he had obtained of the King a Monopoly for Sweet Wines The Patent after great Advice and Dispute adjudged Voyd and before his Face in open Parliament Cancell'd because he had Exacted Three Shillings and Four Pence upon every Tun of Wine himself adjudged to Prison until he had made Restitution of all that he ever had Received and not to be Delivered till after a Fine of Five Hundred Pounds paid to the King This is a Precedent worthy Observation A notable Precedent but I dare not presume to say worthy the Following And Mr. Speaker as I think it no Derogation to the Omnipotency of God to say He can do ill so I think it no Derogation to the Person or Majesty of the Queen to say so Yet because Two Eyes may see more than One I humbly pray That there may be a Commitment had of this Bill lest some thing may be therein which may prove the Bane and Overthrow thereof at the Time of the Passing Mr. Serjeant Harries said Mr. Speaker For ought I see Serjeant Harries the House meaneth to have this Bill in the Nature of a Petition It must then begin with more Humility And truly Sir the Bill is Good of it self but the Penning thereof is somewhat out of Course Mr. Mountague said The Matter is Good and Honest Mr. Mountague for the Bill and I like this manner of Proceeding by Bill well enough in this Matter The Grievances are great and I would only note but thus much unto you That the Last Parliament we proceeded by way of Petition which had no successful Effect Mr. Francis Moore said Mr. Speaker I know the Queen's Prerogative is a Thing curious to be dealt withal Mr. Francis Moore yet all Grievances are not comparcable I cannot utter with my Tongue or conceive with my Heart the great Grievances that the Town and Country for which I Serve suffer by some of these Monopolies It bringeth the General Profit into a Private Hand and the End of all is Beggary and Bondage to the Subject We have a Law for the true and Faithful Currying of Leather There is a Patent that sets all at Liberty notwithstanding the Statute And to what purpose is it to do any thing by Act of Parliament when the Queen will undo the same by Her Prerogative Out of the Spirit of Humility Mr. Speaker I do speak it There is no Act of Hers that hath been or is more Derogatory to Her own Majesty or more Odious to the Subject or more Dangerous to the Common-Wealth than the Granting of these Monopolies Mr. Martin said I speak for a Town that grieves and pines and for a Country that groaneth under the Burthen of Monstrous and Unconscienable Substitutes to the Monopolitans of Starch Mr. Martin 〈…〉 Tynn Fish Cloth Oyl Vinegar Salt and I know not what nay What not The Principal Commodities both of my Town and Country are ingrossed into the Hands of these Blood-Suckers of the Common-Wealth If a Body Mr. Speaker being Let Blood be left still Languishing without any Remedy How can the Good Estate of that Body long remain Such is the Estate of my Town and Country The Traffick is taken away by Wars the Inward and Private Commodities dare not be used without License of those Monopolitans If these Blood suckers be still let alone to suck up the best and principallest Commodities which the Earth there hath given Us What shall become of Us from whom the Fruits of our own Soyl and the Commodities of our own Labour which with the Sweat of our Brows even up to the Knees in Mire and Dirt we have labour'd for shall be taken from Us by Warrant of Supreme Authority which the poor Subject dares not gain-say Sir George Moore said Sir George Moore I make no Question but that this Bill offereth Good Matter and I do wish that the Matter may in some other sort be Prosecuted and the Bill Rejected Many Grievances have been laid open touching the Monopoly of Salt but if you had added thereunto Peter then you had hit the Grief aright with which my Country is perplexed There be Three Persons Her Majesty the Patentee and the Subject Her Majesty the Head the Patentee the Hand and the Subject the Foot Now here is our Case the Head gives Power to the Hand the Hand Oppresseth the Foot the Foot Riseth against the Head We know the Power of Her Majesty cannot be Restrained by any Act Why therefore should we thus Talk Admit we should make the Statute with a non Obstante yet the Queen may grant a Patent with a non Obstante to cross this non Obstante I think therefore That it agreeth more with the Wisdom and Gravity of this House to
be more All the House said Amen In particular most of these Patents have been supported with Letters of Assistance from Her Majesties Privy Councel but whosoever look upon them they shall find they carry no other Style than with Relation to the Patent I dare assure you that from hence-forth there shall be no more Granted and how many soever have been already Granted they shall all be revoked But to whom do they repair with these Letters To some out-house to some desolate Widow to some simple Cottage or poor ignorant People who rather than they would be troubled and undo themselves by coming up hither they will give any thing in Reason for these Caterpillars Satisfaction The Notice of this is now publick And you will perhaps judge this to be a Tale to serve the Time But I would have all Men know thus much That it 's no jesting with a Court of Parliament neither dares any Man for mine own part I dare not so much abuse all the Subjects of this Kingdom in a Matter of this Consequence and importance I say therefore there shall be a Proclamation general through the Realm to notify Her Majesty's Resolution in this behalf And because you may Eat your Meats more Savourly than you have done every Man shall have Salt as cheap as he can buy it or make it freely without danger of that Patent which shall be peresently Revoked The same Benefit shall they have which have cold Stomacks both for Aqua-Vitae and the like And they which have weak Stomacks shall have Vinegar and Aleagar set at Liberty Train-Oil shall go the same Way Oyl of Blubber shall March in the same Rank Brushes and Bottles indure the like Judgment The Patent for Polldavis if it be not called in it shall be Oade which as I take it is not restrained either by Law or Statute but only by Proclamation I mean from the Sowing thereof though for the saving thereof it might receive good Disputation yet for your Satisfaction the Queen's Pleasure is to revoke that Proclamation Only She Prayeth thus much That when She cometh in Progress to see you in the Country She may not be driven out of your Towns by suffering it to infect the Air too neer them Those that desire to go Sprucely in their Ruffs may with less charge than Accustomed obtain their Wish for Starch which hath so much been Prosecuted shall now be Repealed There are other Patents for new Drapery which shall be suspended and lest to Law Irish-Yarn a Matter that I am sorry there is no cause of Complaint for for the Savageness of the People and the War hath Frustrated the Hope of the Patentee a Gentleman of good Service and Desert a good Subject to Her Majesty and a good Member of the Common-Wealth Mr. Carmarthen notwithstanding it shall be suspended and left to the Law The Patent for Calf-Skins and Pelts shall indure the Censure of the Law But I must tell you There is no Reason that all should be Revoked for the Queen means not to be swept out of Her Prerogative I say it shall be suspended if the Law doth not warrant it There is another Servant of her Majesties Mr. Anslow one of Her Pensioners an Honest Gentleman and a Faithful Servant he hath the Patent for Steel which once Mr. Beal had these too because of Complaints shall be suspended There is another that hath the Patent of Leather Sir Edward Dier a Gentleman of good Desert Honest Religious and Wise This was Granted unto him Thirty Years ago it crept not in by the new Mis-government of the Time yet this shall also be suspended The Patent for Cards shall be suspended and Tryed by Common-Law The Patent for Glasses which though I do least apprehend to be prejudicial to the Publick Good yet it is to be left to the Law There is another Patent for Salt-Petre that hath been both Accused and Slandered It digs in every Man's House it removes the Inhabitant and generally troubleth the Subject For this I beseech you be Contented yet I know I am too blame to desire it being Condemned by you in foro Conscientiae But I assure you it shall be fully sifted and tryed in foro Judicii Her Majesty meaneth to take this Patent to Her self and advise with Her Councel concerning the same For I must tell you The Kingdom is not so well furnished with Powder as it should be But if it be thought fit upon Advice to be Cancelled Her Majesty commanded me to tell you That though She be willing to help the grave Gentleman that hath that Patent yet out of the abundant Desire that She hath to give you compleat Satisfaction it shall be Repealed This hath come to the Ear of the Queen and I have been most Earnest to search for the Instrument and as a Councellor of State have done my best Endeavour to salve this Sore But I fear we are not secret amongst our selves Then must I needs give you This for a future Caution That whatsoever is subject to a Publick Exposition cannot be Good Why Parliament-Matters are ordinarily Talked of in the Streets I have heard my self being in my Coach these Words spoken aloud God prosper those that further the Overthrow of these Monopolies God send the Prerogative touch not our Liberty I will not wrong any so much as to imagine he was of this House yet let me give you this Note That the Time was never more apt to Disorder or make Ill Interpretations of Good Meanings I think those Persons would be glad that all Sovereignty were Converted into Popularity We being here are but the Popular Bouch and our Liberty the Liberty of the Subject and the World is apt to slander most especially the Ministers of Government Thus much have I spoken to accomplish my Duty due unto Her Majesty but not to make any further Performance of the well-utter'd and gravely and truly-deliver'd Speech of the Speaker But I must crave your Favours a little longer to make an Apology for my self I have held the Favour of this House as dear as my Life And I have been told That I deserved for taxing Yesterday of the House I protest my Zeal to have the Business go forwards in a right and hopeful Course and my Fear to displease Her Majesty by a harsh and rash Proceeding made me so much to lay aside my Discretion that I said It might rather be termed a School than a Councel or to that Effect But if any think by this Speech I called him School-Boy he both Wrongs me and Mistakes me Shall I tell you what Demosthenes said to the Clamours which the Athenians made That they were Pueriles dignos Pueris And yet that was a Popular State And I wish that whatsoever is here spoken may be Buried in these Walls Let us take Example by the Jewish Synagogue who would alwayes Sepelire Senatum cum Honore and not blaze their own Follies and Imperfections If any Man in
I think it is a good Law and fit still to stand on Foot For if we lose Religion Let us lose Land too It will be a good Cause That every Man if not for Religion sake yet for his Lands sake which is his whole estate will Abandon the setting up of those Houses again because he will not part there-with therefore I think it in Pollicy fit still to stand So after long dispute till almost one of the Clock it was put to the Question Whether it shall be Repealed by the General Law of repeal and continuance of Statutes And the most voices were I I I and so it was Agreed On Tuesday December the 8th A Bill to prohibit Transportation of Ordnance An Act prohibiting the Transportation of Iron Ordnance beyond the Seas by way of Merchandize was Read Sir Edward Hobby said Sir Edward Hobby I may resemble this Bill to a Gentleman who told a Story of a Skilful Painter who had Painted a Tree standing in the midst of the Sea and the Judgment of another Skilful Painter being asked his Answer was Valde bene sed hic non erat Locus So I say this Bill is an Excellent Bill the matter Foul the request and remedy Good and Honest but this is not our mean of Redress Her Majesty in the late Proclamation took notice thereof and no doubt but she will Redress it And for us now to enter again in bringing in or allowing Bills against Monopolies it is to refuse Her Majesties Gracious Favor and Cleave to our own affections I think therefore if we will be dealing herein by Petition will be our only Course this is a matter of Prerogative and this no place to dispute it Mr. Fettyplace said I know Her Majesty receiveth yearly by Custom for the Transportation of these Ordnance Three Thousand Pounds by the Year there be four kind of Ordnance now usually Transported Mr. Fettyplace to the same Bill The first a Faulcon of the least Weight and Bore The second a Minnion a little heavier and of a bigger Bore The third a Saker of somewhat a greatter Bore And the fourth a Demy-Culvering being of the greatest Bore Now Mr. Speaker they that do Transport Ordnance do Transport in this manner If it be a Faulcon She shall have the weight of a Minnion and so if a Saker the weight of a Demy-Culvering the Reason thereof is Because when they are brought beyond Sea they will there new bore them to a greatter size as the Saker to the Demi-Culvering-Bore Besides Mr. Speaker Eight Tun of Iron Ordnance will make five Tuns of good Iron But perchance it will be Objected That if we Restrain the Transportation of Iron Ordnance they will use Brass I say under Favour That they cannot because they want Brass And again where you may furnish a Ship for 200. or 300. Pounds with Iron Ordnance you cannot furnish Her with Brass Ordnance for 1400. Pounds And it is now grown so common that if you would send Merchandise beyond the Seas in strangers Bottoms they will not carry them unless you will ballast their Ships with some Ordnance The Ordnance be carried to Callis Brest Embden Lubeck Rochel and other places All these be Confederates with Spain and friends with Dunkirk So that in helping them we do not only hurt our Friends but succour the Spaniards their Friends and our Enemies If the Queen would but forbid the Transportation of Ordnance for seven years it would breed such a Scarcity of Ordnance with the Spaniard that we might have him where we would some in that time no doubt the Sea would devour some would be taken and the Store which he now hath scattered and thereby his Force weakned They have so many Iron Ordnance in Spain out of England that they do ordinarily sell a 100. weight of Iron Ordnance for seven Duckets and an half Spanish And if the Spaniard do make it a Capital matter but to Transport an Horse or a Gennet much more ought we to have special Care herein when we shall hereby Arm our Enemies against our selves I think therefore to proceed by way of Bill would favour of Curbing Her Majesties Prerogative but to proceed by way of Petition it is a safe Course and pleasing and we ought the rather to be induced thereunto because we have already found it Successful Mr. Brown the Lawyer said There is a Law already in the point And that is 33 Hen. 8. Cap. 7. and 2 Ed. 6. Cap. 36. which prohibiteth the Transporting of Gun-metal Mr. Brown for the Bill by way of Petition And although Guns were not then made of Iron yet now they are And therefore perhaps you will say it is out of the Statute But it was lately adjudged in Worlington and Symon's Case to be clearly within the very Letter of the Law And I am sure Guns are made of Gun-metal and whosoever Transporteth Guns transports Gun-metal and it is within the danger of the Law But that which I would move is only this That we might be Petitioners to Her Majesty to revoke that Patent And then Currat Lex Sir Walter Rawleigh said Sir Walter-Rawleigh for the same I am sure heretofore one Ship of Her Majesties was able to beat twenty Spaniards but now by reason of our own Ordnance we are hardly matched one to one And if the Low-Countries should either be subdued by the Spaniards or yeild unto him upon a conditional Peace or shall joyn in Amity with the French as we see them dayly inclining I say there is nothing so much threatens the Conquest of this Kingdom or more than the Transportation of Ordnance And therefore I think it a good and speedy course to proceed by way of Petition lest we be cut off from our desires either by the Upper House or before by the short and suddain ending of the Parliament Mr. Cary said Mr. Cary for the same by Bill We take it for an Use in the House That when any great and weighty Matter or Bill is here handled we straight-ways say It toucheth the Prerogative and that must not be medled withal and so that we that come here to do our Countries Good bereave them of that good help we may justly Administer unto them Mr. Speaker Qui vadit planè vadit Sanè Let us lay down our Griefs in the Preamble of the Bill and make it by way of Petition and I doubt not but Her Majesty being truly informed of it will give her Royal Assent Mr. Secretary Herbert said The making of Armentaria Secretary Herbert for proceeding by Petition to prohibit Ordnance is a Regality only belonging to the Power of the King and Crown of England and therefore no man can either Cast or Transport without License It stood perhaps with the Policy of former times to suffer Transportation But as the times alter so doth the Government and now no doubt but it is very hurtful and pernitious to the State And therefore I
deny the Bill a Commitment and so let it lye in the Deck and not put it to the Question for Ingrossing Sir George Moore said Sir George Moore against it I will be bold to give my Reason and leave the Consideration thereof unto you I wish it might be Committed for for ought I hear yet a Proviso might help all The Old Statute is The next Justice this is The Justices of the Quarter-Sessions It is intended that all Justices every Quarter-Sessions give their Attendance There have been oftentimes Letters from her Majesties Privy-Council and Orders from Her Majesty her self who looketh down with a gracious Eye upon the Meanest of Her Subjects touching these Ale-House-Keepers Therefore I wish That we do not cast it forth but give it the ordinary and due Consideration of other Bills by way of Commitment Mr. Wiseman said I am very Respectful of the Place from whence this Bill cometh if the Parliament be short as ther 's no other likely-hood and time so pretious with us that we Sit in the Afternoons and this Bill Incurable and not to be mended and the former Laws so Politique that I think we shall not make a better for my part I think it needless to be Committed but to be put to the Question For the Point that Four Justices of the Peace should License c. by this Statute though they deserve to be suppressed yet there is no Power limited of Suppression Besides there is a Statute that Badgers and Loaders shall be Licensed under Justices hands in the Quarter-Sessions I know my self that even when the Justices are going out of Town and even ready to take Horse the Clerk of the Peace will bring 40. or 50. to be signed by one and then another he straight puts to his hand because he will not stay and knows no more of the Man or the Matter than he that never read them And so would this Statute if it should go forwards be Abused Mr. Bond said Mr. Bond moves for a Proviso ' If this Act pass for a Law notwithstanding any exceptions that have been taken I humbly desire you all that one Proviso may be put in and that is That no Retainer or Servant to a Justice of Peace be admitted to be an Ale-house-Keeper Vintner or Victualler unless he shall be Chosen by a Jury of Twelve Men at the Leet or Law-day of that Burrough-Town wherein he desireth to Victual I know and speak what I know very well that more disorder and more Misrule is usually kept in the Houses of such kind of men than in all the Country besides if this stand not for a Law order may be taken for such kind of Offences The Law before alloweth two Justices I wish these Protecting Justices may not have the same Power for as some be Magistrates so they are men I know many Abuses touching Authority given to men that be Tipplers I am a Devonshire-man and I speak plainly from the Heart of him that hates Popery and defies Puritanism I add further that I am Her Majesties Subject to whose Sacred Self I acknowledge my self in all duty bound and I Pray with the Psalmist her Enemies Confundentur Mr. Speaker I know what I speak and I have Reason to speak thus by Reason of some Imputation that hath been Offer'd me by one whom in Charity I Pray God Forgive Mr. Martyn said Mr. Martyn for putting it to the Question The Gentleman that last spake it seems spake out of his Grief of mind in being galled by some Tongue-metal And I think there is no man that feeleth blowes but would be glad to be eased of them I cannot therefore blame him to purge and defend himself by this Apology But that hath led us out of the Ale-house Yet I wish that we might make a quick Return by putting it without further Disputation to the question So it was put to the Question It is Rejected whether it should be Committed and all said No No but Mr. Wingfield at which the House Laughed Then the Questions upon the continuance of Statutes were offer'd to be Read The Bill concorning Ordnance called for But the House called for the Bill concerning Ordnance yet the Clerk fell to Read the Questions but still the House cried Upon the Bill for Ordnance At length Mr. Cary stood up and said In Whom it lies to chuse what Bill shall be Read In the Roman Senate the Conful always appointed what should be read and what not So may our Speaker whose place is a Consul's place If he erre or do not his duty fitting to his place we may remove him and there have been Precedents for it But to appoint what business should be handled in my Opinion we cannot At which Speech some Hissed Mr. Wiseman said Mr. Wiseman's Opinion I Reverence Mr. Speaker in his place But I make great difference between the Old Roman Consuls and him Ours is a municipal Government and we know our own Grievances better than Mr. Speaker and therefore 't is fit that every man Alternis vicibus should have those Acts be called for he conceives most fit And all said I I I. Mr. Hackwell said I wish nothing may be done but by Consent that breeds the best Concordance My desire is Mr. Hackwel's Motion about it The Bill for Ordnance should be Read If you Mr. Speaker do not think so I humbly Pray it may be put to the Question Mr. Comptroller stood up and said Mr. Comptroller speaks against these Disorders I am sorry to see this Confusion in this House It were better we used more Silence and spake in Order Yesterday you ordered the Bill for the Continuance of Statutes should be Read now in an humor you cry Ordnance Ordnance I pray you that we first Decreed let us stick to and not do and undo upon every Idle motion Mr. Secretary Cecil said I will speak shortly Secretary Cecil Composes it because it best becomes me neither will I trouble your Patience long because the time permits it not It is a Maxim Praestat otiosum esse quam nihil agere I wish the Bill for continuance of Statutes c. may be Read and that agrees with the precedent Order of this House and more with the Gravity thereof yet because this Spirit of Contradiction may no more trouble us I beseech you let the Bill for Ordnance be Read And that 's the Houses Desire The Bill against Transportation of Iron-Ordnance Gun-metal ' and Shot was Read And Sir Robert Wroth Informed the House That a Ship is now upon the River ready to go away Laden with Thirty Six peeces of Ordnance It was put to the Question Whether the Statute concerning the Poor should be continued and all cried I I I. Mr. Secretary Cecil said Secr. Cecil about Maimed Souldiers I am sorry that I have so great Occasion to Recommend to the Houses Consideration the miserable estate of Maimed Souldiers War
in hoc bello Apostolica Authoritate à nobis Administrandum ut verum fatear possem sacillime convitia quod nobis objiciunt in ipsos retundere voluptatem quam maledicendo sumpsere illam male audiendo amittere Caeterum novimus ut debiles inermes Muliercola ad convitia fugere Sed hiis praetermissis ad objecta solida veritate ex Christiana Modestate respondere Imprimis Commoneamini nos velle subditos praetensos Reginae Angliae ab obedientia debita per dei legem servitute abducere ad nos aggregare Quod maximâ ex parte à veritate alienum est Neminem enim persuadere conamur ut debitam servitutem secundum dei Legem deneget suo Principi Sed hene nostis ante multos Annos ipsam Elizabetham for so said Mr. Secretary he bluntly called her that same Elizabeth privatam esse Regno subditosque omnes absolutos esse à Juramento Fidelitatis per supremum Pontificem cui Regnans in excelsis Bex Regum omnimodum potestatem tradidit ut evellat distruat plantet aedificet ita ut ipsos Reges temporales si ad spirituale aedificiem expediret eósque ad depositionem à Regno privat quod factum esse in Regnis Angliae Hiberniae à pluribus Pontificibus supremis viz. Pio quinto Gregorio decimo tertio nunc Clemento octavo omnibus notum est quorum Diplomata extant apud nos Catholicis Loquor non protervis Haereticis qui à Fide Romanae Ecclesiae declinaverunt nam cum Caeci sunt Caecorum Duces sundamenta veritatis prorsus ignorant etiam in hoc dissentire à nobis non mirum est Sed nostri fratres Catholici in simplicitate fidei Romanae ambulentes Ecclesia Catholica consentientes quod est columna fundamentum veritatis omnia ista facile percipiant Ergo restat quod Hiberni qui vobis adherent nil adversus legem Dei fidelitatem debitam imò secundum divina praecepta obedientiam quam supremo Pontifici debent cooperentur Secundo asseritis nos Hispanos blanditiis fictitiis adulationibus Hibernos demulcire atque multa beneficia in illos exhibere quod in nostram aversissimam est natura sed hoc m o in principio facere ut simplicium animos ad nos convertentes in posterum credulitatem circa illos exercentes sanguinolentam naturam nostram ostendemus Proh Deum immortalem quis non miretur acerbam indicibilem credulitatem audaciámque vestram in his verbis ostensam Quis est enim qui non novit crudelitatem maximam quam vos Angli adversus miseros Hibernicos exercivistis exercere non desistitis vos inquam ab ipsorum animis fidem Catholicam quam coluerunt Patris eorum in quo salus aeterna consistit auferre conamini crudeliores profectò Vrsis Leonibus qui tantum temporalem vitam auferent vos tamen aeternam spiritualem Quis temporalia omnia istius florentissimi Regni demolitus est nisi Anglus videte hoc confundamini Nos vero Patriam dulcissimam foelicissimam Hispaniam omnibus scilicet bonis refertam vicem Catholicorum dolentes relinquimus eorum Clamoribus incitati qui Coelum Terrámque attingunt aures supremi Pontificis Regis nostri Philippi pulsantes misericordia moti Ad vos Milites Argentum Aurum Arma liberali manu tandem mittere decreverunt non ut erga vos Hiberni Catholici crudelitatem ut isti singunt exercerunt sed ut foeliciter vos à Diaboli faucibus ereptos à Tyrannide liberos ad pristinam vestram ingenuitatem redigant ut libere positis fidem Catholicam profiteri Ergo dilectissimi in Christo postquam jam quod per tot ante annos desiderio desiderastis praecibus lacrimis efflagitastis impetrastis jamjam Supremus Pontifex Vicarius Christi in Terris vobis imperat ut Arma in Defensionem vestrae fidei sumatis vos omnes moveo horior atque contestor Omnes in quam ad quos istae Litterae pervenerint ut quam citissime in vestra fuerit potestate ad nos cum Amicis Armis conveniatis Qui hoc fecerit nos paratos inveniet Arma nostra ceteráque possidemus ipsis communicabimus Qui aliter enim spretis nostris Conciliis saluberrimis secerit in salibra Anglorum obedientia permanserit tanquam Haereticum Hostem Ecclesiae invisum usque ad necem prosequimur Doryum de Laguia After the Parliament at the end of Hillary-Term next following the Lord Keeper by her Majesties express Command made a Speech in the Star-chamber on the 13th of February all these Personages being present viz. Sir Thomas Egerton Lord Keeper of the great Seal The Archbishop of Canterbury The Lord Buckhurst Lord Treasurer of England The Earl of Shrewsbury The Earl of Worcester Sir William Knolls Controuler of her Majesties Houshold The Bishop of London Sir John Fortescue Chancellor of the Exchequer Sir John Popham Lord Chief Justice of England Mr. Secretary Herbert Sir Edmond Anderson Lord Chief Justice of the Common-Pleas Sir _____ Peryam Lord Chief Baron Mr. Baron Clarke Mr. Baron Savelle Mr. Justice Fenner Mr. Justice Kingsmell Mr. Justice Warberton After a silence made and some few Motions made by Mr. Atturney-General and the Queens Counsel and some others the Cryer of the Court again made silence and the Lord Keeper putting off his Hat and then putting it on again spake to this effect My Lords I Am by her Majesties commandment to deliver unto you her gracious pleasure The Lord Keeper's Speech in the Star-chamber and those things which out of her Princely wisdom and care she hath thought fit to be made known I scarce know how to enter into this matter and I am sorry that now in speaking I shall lay open the looseness of the times neither are her Majesties Proclamations regarded neither her Councils Letters respected neither her late-made Statutes and Decrees obeyed nor put in so due execution as they ought These things deserve to have a more round and strict course than have been used and we deserve not so gracious a Pardon as it hath pleased her most gracious Majesty out of her meer goodness lately to bestow upon us but this onely to divers persons and offences of those which live in degree of private men But I am to speak of Offences of Mayors Justices of Assize A Charge for the keeping of Lent strictly and men of that condition The time of Lent and abstinence from Flesh if it be not duely observed what Dearth and Penury will not almost ensue And therefore was the time of Lent well placed even in the Spring and the beginning of the increase of Beasts Her Majesties express command is That it be strictly observed and that with this caution That where fault shall be found that there extremity shall be inflicted and that no