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

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mean not to search it or answer him Only I turn him to Solomon and mean to answer him with Silence Without Going to Church or Doing Christians Duties we cannot be Religious and by Religion we learn both our Duties to God and the Queen In doing our Duty to God we shall be the better able to do our Duty to our Prince and the Word biddeth us That we should give unto God that which is due unto God Et Caesari quae sunt Caesaris Amongst many Laws which we have we have none for Constraint of God's Service I say none though one were made primo Reginae because that Law is no Law which takes no Force for Executio Legis vita Legis Then let not us give such Cause of Comfort to our Adversaries that having drawn a Bill in Question for the Service of our God we should stand so much in questioning the same Once a Month coming to Church excuses us from the Danger of the Law but not from the Commandment of God who saith Thou shalt Sanctifie the sabbath-Sabbath-Day that is every Sabbath This Bill ties the Subject to so much and no more which being agreeable to the Law of God and the Rule of Policy I see no Reason we should stand so strictly in giving it a Commitment Mr. Bond said I wish the Sabbath to be Sanctified according to the precise Rule of God's Commandment Mr. Bond against the Bill But I wish that St. Augustine's Rule may be observed in the Manner Non jubendo sed docendo magis monendo quàm minando I like not that such Power should be given to the Justices of Peace for Who almost are not grieved at the Luxuriant Authority of Justices of Peace By the Statute of 1 Ed. 3. they must be good Men and Lawful no Maintainers of Evil but Moderate in Execution of Laws For Magistrates are Men and Men have alwayes attending on them two Ministers Libido Iracundia Men of this Nature do subjugate the Free Subject Clerks can do much Children more and Wives most It is dangerous therefore to give Authority in so dangerous a thing as this which I hold worth your second Thoughts Quae solent esse Prudentiores Her Majesty all the Time of Her Reign hath been Clement Gracious Meek and Merciful yea choosing rather Delinquere I know not how to term it in Lenity but not in Cruelty But by this Statute there is a Constraint to come to Divine Service and for Neglect all must pay Plectentur Achivi The Poor Commonalty whose Strength and Quietness is the Strength and Quietness of us all he only shall be Punished he Vexed For will any think that a Justice of Peace will contest with so good a Man as himself No This Age is too Wise I leave it to this House Whether it stands with Policy when Four Subsidies and Eight Fifteens be now Granted to bring the Poorer Sort into a greater Fear by these and such like Laws Malus Custos Diuturnitatis Metus And in the Gracious Speech which Her Majesty lately deliver'd unto us She used this Phrase That She desired to be beloved of Her Subjects It was a Wise Speech of a Wise Prince for an Historian saith Timor excitat in vindictam Therefore Mr. Speaker I mislike the Bill in that Point touching Justices as also touching Taxation And I will only say thus much with Paphnutius in the Nicene-Council Absit quòd tam grave jugum fratribus nostris imponamus Mr. Comptroller said I am sorry after Forty Three Years under her Majesties happy Government that we should now Dispute or Commit a Bill of this Nature Mr. Comptroller for the Bill And I wonder that any Voice durst be so bold or desperate to cry Away with this Bill The old Statute gives the Penalty this new one onely speedy means to Levie it And I much marvail that Men will or dare accuse Justices of the Peace Ministers to her Majesty without whom the Common-Wealth cannot be If this boldness go on they will accuse Judges and lastly the Seat of Justice it self That all Justices should be thus generally accused this is meer Barbarisme indeed when her Majesty shall have Understanding thereof it will be no Contentment unto her and a Scandal unto us all Mr. Glascock said Mr. Glascock's Apology for having Taxed the Justices of Peace In that I am Taxed to Tax Justices of the Peace I am to pray the House to give me leave to make an Apology for my self Mr. Speaker I will not deny That that I spake Yesterday but upon my Salvation I speak and protest it in mine own Conscience I spake it only of the Inferior sort of Justices Against these I will not speak that I spake last but other matter in other terms they be like the Wise Men of Chaldee that could never give Judgment till they saw the Intrailes of Beasts Our Statutes Penal be like the Beast called _____ Born in the Morning at his full Growth at Noon and Dead at Night So these Statutes are quick in Execution like a Wonder for Nine Days and that 's a Wonder they continue so long soon after they be at the height but by the end of a Year they are carried Dead in a Basket to the Justices House Mr. Speaker said The Speaker Opposes and tells him He must justifie his Calumnies Mr. Glascock you speak from the Matter and Purpose and this you have spoken you must justify Mr. Martin said I am the rather willing to speak in that I would willingly have an end of this Matter Mr. Martin I think we all agree upon the Substance That it is fit the Sabbath should be Sanctified The other Matter which is the Impediment I know it is a Grief but I leave it as Matter more fit to be decided at a Committee than here And therefore for the Honour of the Queen and of Her Government I wish it may be Committed without any further Argument Sir Robert Wroth said I think the Office of a Justice of Peace is too good for him that exclaims against it Sir Robert Wroth would have Glascock brought to answer at the Bar. and I think he will never have the Honour to have it It were good that he named them and that he were enjoyned to tell who they were he spake so meanly of Otherwise Honest Men will be loth to Serve the Queen when they shall be slandered without Proof Which the House is against Therefore I would that he might Answer it at the Bar. And all cryed No No No. Mr. Johnson said Mr. Johnson Seconds Sir Robert Wroth. This Bill is an excellent good Bill And I have observed in all Speeches yet spoken it hath been interlarded with other Matter The Gentleman now protesteth He spake of Basket-Justices I appeal to the whole House whether his Definition was not General viz. A Justice of Peace is a kind of living Creature that for half a Dozen of Chickens will dispense
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
before the Lords in the House on Saturday next by nine of the clock in the morning On Saturday Nov. 21. to which day the Parliament had been last continued three Bills had each of them one reading of which the last being the Bill for assurance of Lands was read tertia vice Upon the reading of which Bill sundry Objections were made against some points of the same by the Lord Bishop of London and divers other Lords insomuch that the House was divided Whether it should be put to the question for the passing thereof or no many of the Lords affecting well the said Bill and wishing that any defect therein might rather be reformed than by the Question to put it to the hazard to be rejected Upon which it was thought meet to propound another Question viz. Whether the said Bill having been referred to Committees at the second reading and by them returned with some Amendments and thereupon appointed to be ingrossed may now after the ingrossing thereof and third reading be committed again or no Which being accordingly put to the question and the number both of the affirmative part and negative part falling out to be equal upon the accompting of them by the Lord Bishop of London and by Lord Grey 〈…〉 appointed by the Lords for that purpose it was adj●●●●d that the Voices of the negative part which were against the 〈◊〉 committing of the Bill should prevail following therein the usual rule of Law whereof the Lord Keeper made mention that where the numbers of the affirmative and negative are equal Smper presumetur pro negante and after that the Bill it self being put to the question Whether it should pass or no was by the major part denied and refused Excuses were made for the absence of divers Lords by reason of sickness or other reasonable occasions The Marquiss of Winchester the Earl of Nottingham and the Earl of Hertford signified by some of their Servants to the Lord Keeper the Earl of Cumberland and the Lord Scroope signified by the Lord Wharton the Lord Rich by the Lord Zouche the Lord Mordant by the Lord Sturton the Lord Bishop of Coventry by the Bishop of Meneven and the Bishop of Chester by the Bishop of Bangor A Motion was made by the Lord Keeper and approved of by the Lords That the ancient course of the house may be observed hereafter in certifying the Excuses of such Lords as should happen to be absent from the House upon reasonable occasions which ought to be done by one of the Peers and not by other information Thomas Crompton Henry Best and Francis Jackson made their appearance in the House and being demanded whether the Bill concerning Eye and Dunsden might lawfully pass without their prejudice they answered That it might so do and they could take now exceptions to it On Munday Nov. 23. to which day the Parliament had been last continued the Bill for reuniting Eye and Dunsden to the Mannor of Suning was read tertia vice and so sent down to the House of Commons by Dr. Stanhopp and Mr. Hone. The Bill to avoid divers Misdemeanours in lewd and idle persons was read secunda vice The Bill for confirmation of Grants made to the Queen and of Letters-Patents made by her Highness to others was read secunda vice and committed to the Lord Archbishop of Canterbury and others who were appointed to meet at the great Council-chamber and the Bill was delivered to the Archbishop The Bill for increase of Horses of service within this Realm was read secunda vice and committed to the Earl of Nottingham and others and the Bill was delivered unto him being the first of the Committees The meeting of the Committees for the suppressing of the multitude of Ale-houses and for avoiding of unnecessary delays of Exeutions upon Judgments for Debt was upon a Motion of the Lord Treasurer appointed to be upon Thursday next at the little chamber neer the Parliament-presence before the House sit for that the Committees could not conveniently meet at the times formerly appointed for the same The Under-Sheriff of the County of Surrey that arrested William Hogan was brought into the House to answer for the same The Vnder-Sheriff sent to the Fleet for arresting Hogan and by Order of the House committed to the Prison of the Fleet. On Tuesday Nov. 24. to which day this Parliament had been last continued three Bills had each of them one reading of which the last being the Bill for the establishing of the remainder of certain Lands of Andrew Ketleby Esq upon Francis Ketleby was read secunda vice and committed unto the Earl of Worcester the Earl of Lincoln the Lord Bishop of Winchester the Lord Bishop of Worcester the Lord Cobham the Lord Chandois and the Lord Howard of Walden and the Bill was delivered to the said Lord Howard who with the rest were appointed to meet on Saturday next in the afternoon at the Chamber of the Parliament-presence This day the wife of Andrew Ketleby made her appearance in the House on the behalf of her husband and her self excusing his not coming by reason of his great age and infirmities and withal prayed their Counsel learned might be heard whereupon it was ordered That both their Counsel and the Counsel of Francis Ketleby should be heard upon Thursday next in the morning On Thursday Nov. 26. to which day the Parliament had been last continued one Bill being for the more peaceable government of the Parties of Cumberland Northumberland and Westmoreland and Bishoprick of Durham was read the second time and committed but in respect the manner of committing Bills all this Parliament was the same and that the Judges and her Majesties learned Counsel were appointed always to attend the Lords Committees and never made joynt Committees with them therefore the names of the said Committees are for the most part omitted as a thing not worth the observation It was ordered by the House upon the humble Petition of William Hone Under-Sheriff of the County of Surrey That he should be set at liberty out of the Fleet whither he had been committed for arresting one William Hogan her Majesties servant The Counsel learned of Andrew Ketleby Esq and Francis Ketleby were heard in the House and thereupon the Committees of the said Bill were appointed to meet on Saturday in the afternoon at the Chamber of Parliament-presence and the Lord Archbishop of Canterbury the Lord Grey and the Lord Windsor were added to the said Committees and the Lord Chief Justice of the Common-Pleas to attend them with the others formerly appointed And the Bill was delivered to the Lord Howard of Walden Dominus Custos Magnis Sigilli continuavit c. On Tuesday Decem. 1. Decemb. 1. two Bills had each of them one reading of which the second was the Bill for confirmation of the last Will and Testament of George Lord Cobham deceased On Wednesday Decemb. 2. three Bills had each of them one reading Bill to avoid
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
after the Sermon was done at Westminster which would be ended by Ten of the Clock And that was affirmed to be the Antient Course On Tuesday Novemb. 17. A Bill was read for the Enabling of Edward Nevill of Berling in the County of Kent Esq and Sir Edward Nevil his Son and Heir apparent to Sell certain Coppy-hold Lands A Bill for the true payment of Tythes to the Parsons and Vicars of all Parishes within the Walls of the City of Norwich An Act against the unlawful Hunting and Stealing of Deer in the Night time A Bill to prevent Perjury Bill to prevent Perjury and subornation c. and Subornation of Perjury and to prevent unnecessary Suits in Law the Effect of which Bill is for Removing of Suits by Habeas Corpus or Certiorari before one Juror Sworn out of the petty Courts to Westminster I delivered this Bill viz. Mr. Heword Townssend the Collector of this Journal at the delivery whereof I said Mr. Speaker I take every man to be bound in Conscience to remove a little mischief from the Common-Wealth before it take Head and grow to a great inconveniency This Mischief is ordinary and general therefore though but small yet to be considered of and provided against And if a Heathen Philosopher could Admonish us Obstare principiis I see no reason That men Indued with Christianity should be of the least hurt growing in his Country either regardless or respectless For which purpose a Gentleman well experienced having found this grief common to the poorer sort like a good Subject tendering all the parts of this Common-wealth intreated me at my coming into this House this morning to offer unto your considerations this Bill It is Intituled An Act c. the Effect whereof is c. which if it please you to entertain with that willingness it is offer'd I doubt not but this inconvenience will be quickly Redressed So I Offered the Bill and prayed it might be Read A Bill for the Confirmation of Letters Pattents made by King Edward the sixth to Sir Edward Seymor Knight A Bill for strengthning an Act made by King Henry 8. for the maintenance of the Poor in St. Bartholomews London A Bill about St. Bartholomew Hospital according to a Covenant made by the said King was Read the second time And after a Speech made by Sir Stephen Some Alderman of London it was committed he alleadged Sir Stephen Some speaks to it That by the Foundation of the Hospital there were only One Hundred Poor maintained and by the Gifts of other Benefactors since One Hundred more besides Six Hundred which are there now in Cure of divers Diseases And the Good that comes by this as well as other Hospitals in London is very apparent For there are of Poor people besides the certain Number of Hospitallers the best part of Three Thousand daily in Cure Sir Edward Hobby said Sir Edward Hobby's consideration about the same I find this Bill to be put into this House to the end that some Contention touching the Limits of the Parish next adjoyning to St. Bartholmews may be adjusted I am ever jealous of private Bills of this Nature and dare not shew my self hasty in Assenting to Pass any without Commitment lest we might Infring the Liberties of some other Parish adjoyning Therefore I Pray it may be committed and the Parties on both sides Called before the Committees A Bill to Redress Adultery was Offer'd to the Speakers hands The Substance of the Bill was A Bill against Adultery That if a Woman or Man or both were Convicted of Adultery He should lose his Tenancy by Courtesy and she her Tenancy in Dower Read the first time Serjeant Harries stept up to this Bill Serjeant Harri Objects and said Mr. Speaker by the scope of this Bill the Determination of this Fact must be by two or three blind Witnesses in the Ecclesiastical Court which is no Reason that Judges Ecclesiastical should Determine of Lay-mens Inheritances Besides there is another gross fault in the Bill For if they be both Poor and have nothing but Goods they Forfeit nothing Now if a man be taken in Adultery he shall not be Punished because there is nothing of what he should be Tenant by the Courtesy But if the Woman be taken she is to lose the Third of the Goods or if it be in the City The House rejects it by Custome she loseth the half which is Jus inequale and not to be admitted in this House Then all the House Cryed Away with it Then the Speaker put it to the Question Whether it should be Read the second time And the House gave a very great No. On Wednesday Novemb. 18. The Bill concerning Cloth-workers was Committed and the time of Meeting appointed on Munday next in the afternoon in the Middle-Temple-Hall The Bill for Reforming the Abuses in Silk-Weavers A Bill for Reforming Abuses in Embroderers A Bill for the Repealing of certain Statutes made 5. Edward 6. and 2. 3. Phil. Marie touching the making of Cloth and for the Reforming of Abuses in Making of Cloth in the County of Somerset was committed to the Committee for Cloth-workers The Bill for Solicitors A Bill about Solicitors brought in by Mr. Jones the Effect whereof is That no person whatsoever shall Solicit other than those that will do the same without Fee or Reward also a Proviso that Utter-Barresters may Solicit in all Courts whatsoever the like for Attornies the like for them which may maintain any Suit by Law the like for Corporations that they may make a Sollicitor Also a Proviso that no Mechanick Trader may be a Sollicitor viz. Broker Scrivener Miller Smith c. and limited to continue to the end of the first Session of the next Parliament A Bill against Trifling Suits A Bill against Taincoring of Cloth brought in by Mr. Boyse The Bill touching Confirmation of Patents brought in by Mr. Francis Moore A Bill for Reformation of Abuses in making of Cloth Read Sir George Moor opposes the too great punishment and desires it may be Committed To which Sir George Moore stood up and said This Statute forbiddeth Clothiers to use Tayntors The first Offence Twenty Pounds the second Pillory too infamous a Punishment for so necessary a Member It pleased the Lords of her Majesties most Honourable Privy Council to direct their Letters to the Justices of the Peace in the Shire where I dwell for the Suppressing of Tayntors We sent our Warrants out to the Cloth-workers appointing them to attend us at a certain Day and Place Upon Examination of the Matter before us We found by those Reasons they alleadged that Cloth could not be made serviceable without Tayntors And though they Taintred it never so little it would stretch a little in breadth at least a quarter of a yard in length for which small fault being not voluntary methinks the punishment aforesaid is too too grievous I think it
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. ●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