thereof yet because the spirit of contradiction mav no more trouble us I beseech you let the Bill of Ordnance be read and that 's the House desire An Act against transportation of Iron Ordnance Gun-Metal and Shot was read the first time Sir Robert Wroth informed the House that a Ship is now upon the River ready to go away Laden with thirty six pieces of Ordnance Post Meridient After Dinner the House now sitting as in the Forenoon the Amendments in the Bill to confirm the Assurance of the Mannors or Farms of Sagebury alias Sadgbury to Samuel Sands Esq and John Harris Gent. and their Heirs were twice read and the Bill was Ordered to be ingrossed Sir Edward Hobbie moved that where one Bird a Servant of his hath been Arrested in London at the Suit of one Woolley his said Servant might have the Priviledge of the House Whereupon it is Ordered that the said Woolley and the Serjeant that made the Arrest be sent for by the Serjeant of this House to Answer unto this House for their said contempt The Fishmongers of London were heard with their Councel touching a Proviso to be added to a former Act made in the year of her Majesty for encrease of Mariners and maintenance of the Navigation The Proviso for the Fishmongers to be added to the Statute of continuances was twice read and committed to the Committees for continuance of Statutes to be allowed or rejected as shall be further thought sit The Bill for continuance of Statutes committed to all the Queens Learned Council being Members of this House Sir Walter Raleigh Sir Francis Hastings Sir Robert Wroth and others who were appointed to meet in the Court of Wards at two of the Clock in the Afternoon The Bill for the relief of the Poor was read the second time and committed unto M r Comptroller Sir Robert Wroth Sir Francis Darcie Mr. Francis Bacon Mr. Lieutenant of the Tower and others who were appointed to meet to Morrow in the Afternoon at two of the Clock in the Court of Wards M r Ireby made Report of the meeting of the Committees in the Bill for draining certain surrounded grounds in the County of Sussolk who were appointed on Saturday the 28 th day of November foregoing and shewed that the Committees have thought fit to draw a new Bill to that purpose and so delivereth in the old and the new Mr. Winch moved that according to the resolution of the Committee in the Bill against transportation of Iron Ordnance the House should proceed both by Bill and also by Petition unto her Majesty which being debated It was resolved that those of the Privy Council being Members of this House should move her Majesty in the name of this House in that behalf The New Bill against transportation of Gun-Metal Ordnance and Iron Shot was read the second time and committed unto all the Privy Council Members of this House Sir Walter Raleigh Sir Robert Wroth Sir Francis Darcie and others who were appointed to meet upon Saturday next in the Afternoon at two of the Clock in the Court of Wards Oliver Cromwell Esquire returned this present Parliament Knight for the County of Huntington is for his necessary occasions of business licensed by Mr. Speaker to depart On Friday the 11 th day of December the Bill comprehending and containing the maintenance of good and profitable Arts and Trades for the Commonwealth was delivered by Mr. Johnson who was desired to put the same into the House by Mr. George Brook Brother to the Lord Cobham the effect of it was that every man which had or could invent any Art or Trade should for his life monopolize the same to his own use or he that could add to or refine the same should do the like Mr. Fettiplare shewed That the Bill was unprofitable and not good for divers reasons First it was too general because it speaketh as well of Arts invented as to be invented Secondly the Bill sheweth not that they will be profitable for the Commonwealth whatsoever they be this Bill alloweth For divers Arts have been devised in London that that shall be wrought with one man which would not heretofore be done with forty This is unprofitable because it setteth not the poor and many hands on work Thirdly it will breed confusion because if but a little addition be made by another a new Licence is granted to this man And now if to that addition another shall add that will be in infinitum and so confusion Whereupon he concluded that he for his part thought fit the Bill should be quash'd and divers cried Away with it Another said I wish that the Bill might be read again and considered because we allowed of these kind of Patents once this Parliament namely in the Licence for making Tinn by Mills out of the Old Rubbish in Cornwall upon the motion of Sir Walter Raleigh And this Bill desireth no more in effect Next for the incertainty upon the consideration of the Bill by some few Committees the same might be amended Besides he that hath invented any Art or Trade it is reason he should have some priviledge because it would be an incouragement to others and Nemo naseitur Artisex No man would come to that perfection upon the first knowledge of it as being taught by the first Inventor for a season Also the proposition of the Gentleman that last spake did not hold in all Arts that it is unprofitable that the work of many should be done by one for it is profitable for the Common-wealth if Water may be brought to ever mans House for ten shillings value where it would not be done with ten pound cost as by the Water-work device in London So of Iron Mills the Low-Countries and of the Corn Mills upon the Thames So of shooting and charging of Ordnance and Fire-works and the like And generally of all Arts Trades and Sciences which cannot be done by Poor but by Persons judicious and of Skill and those that have a more natural inclination to come to perfection in these things than every base Beggar For his last proposition I say that Non est confusio in certa scientia c. M r Snigg said The Author of the Bill perhaps was a Sugarman for he hath the word Refiners of Arts c. So it was put to the question for to be read the second time And all said No. But when the Speaker said all those that will have the Bill read the second time say I Sir Richard Knightly said No aloud at whch the House laughed and not one said I I. Three Bills had each of them one reading of which the last being the Bill touching the recovering of certain surrounded grounds in the County of Norfolk was read the third time and passed upon the question M r Serjeant Harries a Committee in the Bill touching Silk-Weavers brought in the Bill with some Amendments The Amendments in the Bill touching Silk-Weavers being twice read the Bill
therein Vide touching this Bill in fine diei praecedentis On Thursday the 11 th day of February Three Bills of no great moment had each of them one reading of which the last being the Bill for Servants robbing their Masters Buggery Invocation of evil Spirits Inchantments c. to be Felony was read the third time and passed the House Mr. Attorney and Mr. Sollicitor brought from the Lords a Bill against Forgers of Deeds which was presently read the first time On Friday the 12 th day of February Three Bills had each of them one reading of which the third being the Bill for punishment of Forgers of false Deeds and Wills was read the second time But no mention is made that it was either referr'd to Committees or Ordered to be ingrossed because it had been formerly sent from the Lords The House desired the Privy-Council to 〈◊〉 the Queens Majesty to have in 〈◊〉 their Petition looking for her most Gracious Answer Vide touching this matter on Thursday the 28 th day of January foregoing as also on Tuesday the 16. day of this instant February following The Committees do certifie the House that Sir Hen. Jones his men may be committed to the Serjeant and that he attend Mr. Recorder and Mr. Gargrave with the persons before the Lord Chief Justice to enter with Sureties in Bond of five hundred pound to appear personally in the Queens Bench in Trinity Term next to Answer to such things as shall be then objected to them on the Queens behalf and so set at Liberty Vide concerning this matter on Friday the 5. day on Monday the 8. day and on Wednesday the 10. day of this instant February foregoing On Saturday the 13. day of February Arguments touching the Oath of Assessors in the Subsidy being had the Bill was Ordered to be engrossed Vide plus on Tuesday the 9. day of this instant February foregoing Two Bills had each of them one reading of which the latter being the Bill touching levying of Fines for respite of Homage was read the second time and rejected For that John Harrington Esquire returned Burgess of S t Ives in Cornwal and also for Carnarvon in Wales doth appear for Carnarvon a Writ was required for a Burgess for S t Ives On Monday the 15. day of February the new Bill touching Usury was read the first time Three Bills were sent up to the Lords by Mr. Vice-Chamberlain of which one was the Bill touching Servants robbing their Masters and Buggery to be Felony The Bill against those that extol the Bishop of Rome and refuse the Oath of Allegiance was read the second time and as it should seem committed to Mr. Vice-Chamberlain and others not named Divers Arguments being had upon the Bill for respite of Homage it was at the last rejected On Tuesday the 16. day of February Two Bills of no great moment had each of them one reading of which the first being the Bill touching Usury was upon the second reading Ordered to be ingrossed Robert Parker Servant to Sir William Woodhouse Knight for Norfolk attached in London at the Suit of Thomas Raber Baker in Transgr had a Warrant for Priviledge notwithstanding a judgment given against him Mr. Serjeant Carus and Mr. Attorney brought from the Lords five Bills for Restitution in Blood of divers persons Mr. Comptroller and Mr. Secretary declared from the Queens Highness that she doubted not but the grave Heads of this House did right well consider that she forgot not the Suit of this House for the Succession the matter being so weighty nor could forget it but she willed the young Heads to take Example of the Antients Vide touching this business on Saturday the 16. day Monday the 18. day Tuesday the 19. day Tuesday the 26. day Wednesday the 27. day and on Thursday the 28. day of January foregoing as also on Friday the 12. day of this instant February preceeding Vide April the 10. postea On Wednesday the 17. day of February Three Bills of no great moment had each of them one reading of which the first being the Bill to confirm the Liberties of Exeter was read the second time and Ordered to be ingrossed On Thursday the 18. day of February Six Bills had each of them one reading of which the fifth being the Bill for Confirmation of the Liberties of Exeter was read the third time and passed the House And the last being the Bill for punishment of Usury and unlawful Bargains was read also the third time and passed per Divisionem Domus viz. with the Bill a hundred thirty four and against it ninety On Friday the 19. day of February Two Bills had each of them one reading of which the first being the Bill for the Subsidy and two Fifteens granted by the Temporalty was read the third time and passed the House Vide touching this Bill on Tuesday the 9. day of this Instant February foregoing Thomas Andrews Esq Burgess for Sudbury in Suffolk and Thomas Eymis Burgess for Thuske in the Country of York for their weighty affairs have Licence to be absent On Saturday the 20. day of February Three Bills had each of them one reading of which the last being the Bill against ingrossing of Wooll and that Wooll-Winders may buy Wooll was read the second time and thereupon rejected Three Bills were sent up to the Lords by Mr. Vice-Chamberlain of which one was for the punishment of Usury and another for the Subsidy granted by the Temporalty Four other Bills also had each of them one reading of which the third being the Bill against those that shall extol the Bishop of Rome or shall refuse the Oath of Allegiance was read the third time and passed the House Robert Wieth Gent. Burgess for Wiche in the County of Worcester for his necessary affairs is Licensed to be absent On Monday the 22. day of February Four Bills of no great moment had each of them one reading of which the second being the Bill for the Bowyers of London And the last to raise Grigg Mills between Plime and Dart in Devonshire were each of them read the second time and Ordered to be ingrossed The Bill against those that extol the Bishop of Rome c. was sent up to the Lords by Mr. Secretary William Poughnyll Gent. Burgess of Ludlow in the County of Salop for his great affairs in the Marches hath Licence to be absent On Tuesday the 23. day of February Seven Bills of no great moment had each of them one reading of which the first being for the avoiding of divers Foreign Wares The second touching Badgers of Corn The third for punishment of those that call themselves Egyptians And the fourth for allowance to Sheriffs for Justices Dyets at the Assizes were each of them read the second time and Ordered to be engrossed Richard Bertie Esq one of the Knights of the County of Lincoln for his weighty affairs was Licensed to be absent On Wednesday the 24. day of February Four
State we must have due consideration of the place and the occasion of our coming together and especially have regard unto the matter wherein we both shall serve God and our Prince and State faithfully and not dissembling as Eye Pleasers and so justly avoid all displeasures both to God and our Prince for Solomon saith in the way of the righteous there is life as for any other way it is the path to Death So that to avoid Everlasting Death and Condemnation with the High and Mighty God we ought to proceed in every Cause according to the matter and not according to the Princes Mind and now I will shew you a reason to prove it perilous always to follow the Princes Mind Many times it falleth out that a Prince may favour a cause perilous to himself and the whole State what are we then if we follow the Princes Mind are we not unfaithful unto God our Prince and State Yes truly we are Chosen of the whole Realm of a special Trust and Confidence by them reposed in us to foresee all such Inconveniences Then I will set down my opinion herein that is he that dissembleth to her Majesties peril is to be counted as an hateful Enemy for that he giveth unto her Majesty a detestable Judas his Kiss and he that contrarieth her mind to her Preservation yea though her Majesty would be much offended with him is to be adjudged an approved Lover for faithful are the wounds of a Lover faith Solomon but the Kisses of an Enemy are deceitful And it is better saith Antisthenes to fall amongst Ravens than amongst Flatterers for Ravens do but devour the dead Corps but Flatterers the Living And it is both Traiterous and Hellish through Flattery to seek to devour our natural Prince and that do Flatterers therefore let them leave it with shame enough Now to another great matter that riseth of this grievous rumour what is it forsooth whatsoever thou art that pronouncest it thou dost pronounce thy own discredit why so for that thou dost what lyeth in thee to pronounce the Prince to be rerjured the which we neither may nor will believe for we ought not without too too manifest proof to credit any dishonour to our Anointed no we ought not without it to think any Evil of her Majesty but rather to hold him a Lyar what credit soever he be of for the Queens Majesty is the Head of the Law and must of necessity maintain the Law for by the Law her Majesty is made justly our Queen and by it she is most chiefly maintained hereunto agreeth the most Excellent words of Bracton who saith the King hath no Peer nor Equal in his Kingdom he hath no Equal for otherwise he might lose his Authority of Commanding sithence that an Equal hath no Rule of Commandment over his Equal The King ought not to be under man but under God and under the Law because the Law maketh him a King Let the King therefore attribute that to the Law which the Law attributeth unto him that is Dominion and Power for he is not a King in whom Will and not the Law doth rule and therefore he ought to be under the Law I pray you mark the Reason why my Authority saith the King ought to be under the Law for saith he he is Gods Vicegerent here upon Earth that is his Lieutenant to execute and do his Will the which is Law or Justice and thereunto was her Majesty Sworn at her Coronation as I have heard learned men in this place sundry times affirm unto the which I doubt not but her Majesty will for her Honour and Conscience sake have special regard for free Speech and Conscience in this place are granted by a special Law as that without the which the Prince and State cannot be preserved or maintained So that I would wish every man that feareth God regardeth the Princes Honour or esteemeth his own Credit to fear at all times hereafter to pronounce any such horrible Speeches so much to the Princes Dishonor for in so doing he sheweth himself an open Enemy to her Majesty and so worthy to be contemned of all faithful hearts Yet there is another inconvenience that riseth of this wicked rumour the Utterers thereof seem to put into our Heads that the Queens Majesty hath conceived an evil opinion diffidence and mistrust in us her faithful and loving Subjects for if she had not her Majesty would then wish that all the things dangerous to her self should be laid open before us assuring her self that loving Subjects as we are would without Schooling and direction with careful minds to our Powers prevent and withstand all perils that might happen unto her Majesty and this opinion I doubt not but her Majesty hath conceived of us for undoubtedly there was never Prince that had faithfuller hearts than her Majesty hath here and surely there were never Subjects had more cause heartily to love their Prince for her quiet Government than we have So that he that raiseth this rumour still encreaseth but discredit in seeking to sow Sedition as much as lyeth in him between our merciful Queen and us her most loving and faithful Subjects the which by Gods Grace shall never lie in his Power let him spit out all his venome and there withal shew out his malicious heart yet I have collected sundry reasons to prove this a hateful and a detestable rumour and the Utterer thereof to be a very Judas to our Noble Queen therefore let any hereafter take heed how he publish it for as a very Judas unto her Majesty and Enemy to the whole State we ought to accept him Now the other was a Message M r Speaker brought the last Sessions into the House that we should not deal in any matters of Religion but first to receive from the Bishops Surely this was a doleful Message for it was as much as to say Sirs ye shall not deal in Gods Causes no ye shall in no wise seek to advance his Glory and in recompence of your unkindness God in his wrath will look upon your doings that the chief cause that ye were called together for the which is the preservation of their Prince shall have no good success If some one of this House had presently made this interpretation of this said Message had he not seemed to have the Spirit of Prophecy Yet truly I assure you M r Speaker there were divers of this House that said with grievous hearts immediately upon the Message that God of his Justice could not prosper the Session and let it be holden for a principle M r Speaker that Counsel that cometh not together in Gods name cannot prosper for God saith Where two or three are gathered together in his name there am I in the midst among them Well God even the great and mighty God whose name is the Lord of Hosts great in Councel and infinite in thought and who is the only good Director of all hearts was the
of the Proceedings of this House to direct them with his Holy Spirit and a form of Prayer was then read to the House by the Clerk And then afterwards the House proceeding to the Election of a Speaker the said M r Treasurer first speaking did for his own part name and commend the said M r Popham alledging many good reasons and causes moving him thereunto but still leaving nevertheless liberty without prejudice to the residue of the House to name whom they would or thought good And thereupon the whole House with full consent of Voices agreed upon the chusing of the said M r Popham who standing up and much disabling himself in dutiful and reverend wise and alledging for himself many reasonable causes and excuses besought them humbly to proceed to a new Election whereof the House did not allow and so then was he forthwith by the said M r Treasurer and M r Comptroller brought up and placed in the Chair and order thereupon given that the House should the next day Assemble together both to understand her Majesties Pleasure for presenting of the Speaker and also to determine of the case of the said persons newly returned into this House in the places of others yet living On Thursday the 19 th day of January the House again Assembled the Speaker Elect sitting in the Chair The matter began to be debated touching the said Burgesses of whom question was made the day before and the Case was opened by M r Norton a Citizen of London to the effect following viz. That there be Members of this House absent in her Majesties Service as in Embassage or in her affairs in Ireland in whose place new be returned Item some persons be sick of durable Diseases as Agues c. and new be returned in their places Item one M r Flowerden was the last Session Burgess for Castle-Rising in Norfolk and in the Vacation was sick Upon suggestion of which sickness a Writ went to chuse a new Whereupon Sir William Drewry is Chosen and returned for Castle-Rising who now appeareth and M r Flowerden also In the same Vacation one Beamond a Citizen for Norwich is sick of the Gout upon suggestion whereof a Writ went out to chuse a new for Norwich M r Flowerden is chosen returned and newly sworn for Norwich Vide March 18 th Saturday postea The Questions are whether such as be returned in places of persons sick or of persons absent in the Queens Service be Burgesses and the old discharged M r Norton thought the old Burgesses remained and that the said causes of sickness and service are good excuses for their absence but no causes to remove them and to chuse new And for this he alledged divers Precedents as of Doctor Dale Embassador in France and of Sir Henry Sidney Deputy of Wales who having been formerly both of them Members of the House of Commons and absent by reason of both their said Imployments yet when their case was once made known unto the House and there questioned they were still retained as Members of the said House and no new chosen or admitted But however although such absent Members by reason of sickness or Foreign Imployment might be removed yet that ought not to be done upon a suggestion in the Chancery but by the Judgment of the House of Commons upon information thereof M r Serjeant Flowerden M r Robert Snagg M r Seintpoole and M r Serjeant Fleetwood Comptroller argued to the contrary and said that in all these cases new are to be chosen and the old discharged And that it needeth not to have discharge by the Judgment of the House but it sufficeth to make suggestion in the Chancery and to procure a Writ thereupon for a new Election And to question this was to discredit the Lord Chancellor and to scandalize the Judicial Proceedings of that Court. And it was further alledged that not only in these before-recited Cases but also in all others where any new Elections are to be made if the Lord Chancellor send out a Writ upon any suggestion to chuse a new Burgess in the place of an old whether the cause be sufficient or non-sufficient to remove the old or whether the suggestion be true or false yet if a new be returned the House of Commons is to accept the Burgess and to allow the return and the old Burgess remaineth discharged until the matter be further cleared upon the Examination and Judgment of the said House And according to these opinions the new Burgesses Elected and returned in places of men living were received and allowed in the said House M r Flowerden keeping his place for Norwich Sir William Drewry for Castle-Riseing M r Richard Herbert in place of M r Pugh for Montgomery and so the like of the rest that were new Elected Vide the contrary resolved March the 18 th postea Nota That all this was done after the Election of John Popham Esquire the Queens Sollicitor for Prolocutor or Speaker but before his Presentation to the Queen or her Majesties allowance of him The agitation of which question was doubtless either privately muttered in the House or if it were disputed openly it was suddenly and unwarrantably done in respect that the House of Commons have no power to determine or resolve of any thing after the Election of the Speaker till he be presented and allowed as may easily be Collected by all Precedents both of latter and former times Neither did this opinion of the House thus irregularly given take any great effect because the contrary was resolved March 18 postea In the mean time of those foregoing Arguments and Disputations in the House it was signified unto the said House that her Majesties Pleasure was that the Speaker should be presented unto her Highness on the next day following at two of the Clock in the Afternoon in the Upper House On Friday the 20 th day of January the House Assembled together and about two of the Clock in the Afternoon they had notice that the Queen with the Lords Spiritual and Temporal were all set in the Upper House Whereupon the Knights Citizens and Burgesses hasted thither with M r Popham their Speaker and being let in as many as conveniently could and the said Speaker brought up to the Bar at the lower end of the said House by two of the most eminent Personages of the House of Commons he there made his humble excuse and alledged his insufficience for discharge of his place in such manner and form as in like case is usually accustomed But notwithstanding his said excuse her Majesty by the Lord Chancellor signified her Allowance of him for which the said Speaker rendred his humble thanks and Petitioning in the name of the House of Commons for Liberty of Speech for free access to her Majesty and for freedom from Arrests according to the usual form the Lord Chancellor by the Queens Commandment made him a gracious Answer after which ended the Knights Citizens and
Burgesses with their said Speaker returned unto their own House And being come thither and the Speaker set in his Chair one Bill according to the usual form was read which was for the assurance of Purchasers against incumbrances On Saturday the 21 th day of January the Litany being read by the Clerk and the old Prayer that was used in former Sessions read also by the Speaker M r Speaker made a short Oration to the House partly touching himself and partly touching them For his own part acknowledging his infirmities and praying both their patience and assistance and for them he advised them to use reverent and discreet Speeches to leave curiosity of form and to speak to the matter and for that the Parliament was likely to be very short willed them further to forbear speaking to Bills at the first reading and not to spend too much time in unnecessary Motions or supersiuous Arguments And further desired them that they would see their Servants Pages and Lackies attending on them kept in good order Which ended a Motion was made that M r Speaker and the residue of the House of the better sort of Calling would always at the rising of the House depart and come forth in comely and civil sort for the reverence of the House in turning about with a low Courtesie like as they do make at their coming into the House and not so unseemly and rudely to thrust and throng out as of late time hath been disorderly used which Motion made by Sir James Croft Knight Comptroller of her Majesties Houshold was very well liked of and allowed of all this House The Bill for reformation of disorders of the Clerk of the Market and his Deputies was read the first time M r Paul Wentworth made a Motion for a publick Fast and daily Preaching the Fast to be appointed upon some one certain day but the Preaching to be every Morning at seven of the Clock before the House did sit that so they beginning their proceeding with the Service and Worship of God he might the better bless them in all their Consultations and Actions Sir Francis Knolles Treasurer of the Queens Houshold spake against this Motion M r Thomas Cromwell spake for it M r Alford against it M r Cooke for it M r Secretary Wilson for it M r Serjeant Flowerden for it and M r Norton shewed Precedents that there had been Fasts in London by Order only from the Council by which it seemeth he intended to infer that a Parliament might much rather appoint it Hereupon the House being divided and many Arguments being spent pro con at length the said matter in question was put to Voices and the better side had the greater number for there were a hundred and fifteen Voices for it and but a hundred against it and so it was Ordered that as many of the House of Commons as convenient could should on the Sunday seven-night after being the 29 th day of this instant January Assemble and meet together in the Temple Church there to hear Preaching and join in Prayer together with Humiliation and Fasting for the assistance of Gods Spirit in all their Consultations during this Parliament and for the Preservation of the Queens Majesty and her Realms and that the Preachers who should perform the work and service of that day might be appointed by such of her Majesties Council as were of the House to the intent that they may be discreet persons and keep convenient proportion of time without intermedling with matter of innovation or unquietness This day also it was Ordered that the House should be called on Wednesday next being the 25 th day of this instant January in the Afternoon that so it might appear who did diligently intend the business of the House and who did negligently absent themselves M r Broughton also this Forenoon made a Motion to know the mind of the House touching his Companion or Fellow Burgess who now stood indicted of Felony whether he ought to remain of the House or to forbear coming or that a new one should be Elected in his place Whereupon after the matter had been a while agitated and disputed of in the House it was adjudged that he ought to remain of the House till he were Convicted for it may be any mans case who is guiltless to be accused and thereupon indicted of Felony or a like Crime After which Judgment given by the House M r Norton did further inform them that the Lord Chancellor willed him to signifie unto the House that this matter had been moved to him and that a new Writ had been desired of him for the Election of another in the place of the said Burgess but that his Lordship had refused to yield thereunto and had further alledged that he ought first to be removed by the Judgment of the House and that thereupon the House signifying so much to his Lordship he would thereupon grant a new Writ for a second Election to be made The Judgment of the Lord Chancellor who was both Learned in the Laws and had been an antient Parliament man was much commended by the House and the rather because it so opportunely concurred at this time with the Judgment of the House Which resolution seemeth cross to that former opinion before-given in the House on Thursday last past the 19 th day of this instant January viz. that new Burgesses being returned in the place of others living were to be allowed and received in the House But yet I conceive that these two opinions may well stand together for here the Lord Chancellor was pleased not to grant a Writ for a new Election but to stay the Judgment of the House which was without all question the most just and safe way of Proceeding whereas in those other before-recited Cases he had granted out Writs for new Elections upon meer suggestions and then without all question the Burgesses returned upon those Writs are to be received into the House and must remain as Members thereof until they be again rejected by the Judgment of the House So also it is if a Sheriff shall return one for a Knight of a Shire who was unduly or not at all Elected yet he that is so returned remaineth a Member of the House until his said Election be declared void by the Judgment of the House But why in the said former Case one Elected in a place of a Burgess sick upon suggestion doubtless that he could not recover should be adjudged by the House to be well Elected and returned notwithstanding that the former Burgess was present in the Parliament and had recovered his health I cannot possibly guess Vide March 18 th postea January 22. Sunday On Monday the 23 th day of January the House being Assembled did sit till eleven of the Clock without the Speaker for that he was all that time at the Court in which mean time the Serjeant of the House apprehended one William Hanney Servant to Anthony
Clock it being dark Night rose confusedly and would sit no longer Vide concerning this matter on Saturday the 5 th of December postea Note That M r Maynard by consent of the whole House sate in the Chair as Clerk to register the Order of this Committee who wrote at the least two Sheets of Paper By consent also he was licensed to put on his Hat Thus far out of the aforesaid private Journal we now return to the Original Journal-Book it self On Monday the 9 th day of November the Bill for the strengthening of the Grants made for the maintenance and Government of the House of the Poor called S t Bartholomews Hospital of the Foundation of King Henry the Eighth according to a Covenant made by the said King was read the first time Two Bills also had each of them their first reading of which the second was the Bill for the benefit of Merchants and advancement of her Majesties Customs and Subsidies both Inward and Outward The Bill for Reformation of certain Abuses concerning Process and Pleadings in the Court of Exchequer upon supposals without just grounds in the Office of the Treasurers Remembrancer was read the second time and committed unto all the Privy-Council being Members of this House The Queens Learned Councel Members also of this House Sir Robert Wroth Sir Edward Hobbie M r Philipps and others who were appointed to meet to Morrow in the Afternoon in the Exchequer Chamber at two of the Clock and the Bill and Committees names was delivered unto M r Chancellor of the Exchequer one of the Committees The Committees for continuance of Statutes who were appointed on Thursday the 5 th day of this instant November foregoing were deferr'd until Thursday next in the Afternoon Thus far of this days Passages out of the Original Journal-Book of the House of Commons what follows is out of the private Journal Heyward 〈◊〉 Esq did this day prefer a Bill against the multitude of Common Sollicitors and at the same time spake as followeth May it please you M r Speaker It was well said by a Worthy Member of this House M r Francis Bacon that every man is bound to help the Common-Wealth the best he may much more is every man in his particular bound being a Member of this House if he knew any dangerous Enormity towards the Common-Wealth not only to open it but if it may be oppose it We being all here within these Walls together may be likened to a Jury close shut up in a Chamber every man there upon his Oath and every man here upon his Conscience being the Grand Jurymen of the Land bound to deal both truly and plainly Herewith though a most unworthy and least sufficient Member of this House my self being touched I had rather adventure my Credit by speaking though confusedly than to stretch my Conscience knowing so great a mischief and inconvenience unto this Kingdom by silence in so pleasing a Cause as I do perswade my self this Bill will be to every man that hears it To which M r Speaker because I may have benefit of Speech if occasion serve at the second reading thereof I will not speak more at this present but only touching the very Tract of the Bill it self The Honourable Personage that in the Upper House in the beginning of this Parliament spake against the lewd abuses of prolling Sollicitors and their great multitude who set dissension betwixt man and man like a Snake cut in pieces crawl together to join themselves again to stir up evil Spirits of Dissension He I say advised us That a Law might be made to repress them I have observed that no man in this Parliament ever offered to prefer any such Bill to this House but sure I am no man spake to this purpose I have therefore M r Speaker presumed out of my young Experience because I know part of their abuses and with that small Portion of Learning that I have to draw a Bill and here it is The title is thus An Act to repress the multitude of Common Sollicitors The body of the Act disableth all persons to sollicit any Cause other than their own There are excepted and fore-prized four several sorts Lawyers and Attornies in their own Courts where they be sworn Servants in Livery and Kinsmen within the fourth degree of Consanguinity And no man within this Kingdom but may find a fitting and convenient Sollicitor within these four Degrees And I humbly pray it being so short that the Bill may be read and received M r Secretary Cecill spake touching the Subsidy as followeth viz. When it was the good pleasure of this House to give Order to the Committees to consider the common danger of the Realm in which not only every Member of this House but every man in the Kingdom is interested it liked the Committees after their resolution to chuse one among all to give account of their proceedings and that is my self I do know it were the safest way for a mans memory to deliver the last resolution without any precedent Argument for rare is the Assembly in which there is not some variety of opinions I need not recite the form the Committee by reason of so good attendance being little inferiour to our Assembly at this present Yet if it be true that forma doth dare Essentiam it will be somewhat necessary for me to deliver the manner of our proceedings and the circumstances rather than hazard the interpretation of such a resolution The day was Saturday last the place this House the time about four hours and I am of opinion if we had all agreed upon the manner as we did speedily upon the matter all had been dispatcht in an hour It seemed by the ready consent of the Committees that they came not to look on one another or like Sheep one to accompany another but the matter was well declared by some and at length consented unto by all Our contention bred difference and difference cause of Argument both how to ease the State and make this Subsidy less burthensom which shall be received Some were of opinion that the three pound men should be spared because it was to be considered they had but small Portions Others were of opinion that the four pound men should give double and the rest upwards should be higher Sessed Others were of other Opinions Again it was moved whether this Subsidy should go in the name of a Benevolence or Contribution or whether in the name of a fourth Subsidy but at length most Voices resolved it should have the old name of a Subsidy because Subsidium and Auxilium are all one The most Voices concluded that there should be no exception of the three pound men because according to their rate some were Sessed under value besides separation might breed emulation suspition of partiality and confusion The time was resolved upon And in respect of expedition to be by the first of February And the whole Realm when each
in the old and the new On Thursday the 10 th day of December the Bill touching Silk-Weavers c. was read the second time and committed unto the Knights and Citizens for London the Citizens for York Bristoll Norwich and Canterbury Mr. Barrington M r Johnson and others who were appointed to meet this Afternoon in the Exchequer Chamber M r Johnson a Committee in the Bill for Assize of Fuel brought in the Bill amended in some parts by the Committees and delivered it in The Amendments in the Bill touching the Assize of Fuel were twice read and the Bill was Ordered to be ingrossed The Bill touching the taking away of Gavelkind Custom in Kent was read the third time M r Francis Moore said He thought the Bill a very idle and frivolous Bill and injurious for if a Man take a Wise by the Custom she shall have the Moiety but now if we make it go according to the Common Law she shall have but the third part So if the Father commit a Felony and be Hanged the Son shall not lose his Inheritance because the Custom is The Father to the Bough the Son to the Plough which at Common Law he shall lose M r Serjeant Harris said I think this Bill a very good Bill for it defeats a Custom which was first devised as a punishment and plague unto the Country For when the Conqueror came in the reason of this Custom was to make a decay of the great Houses of the antient Britains For if a Man of eight hundred pound per Annum had had eight Children it must be divided into eight parts And then if these also had Children subdivided again usque in non quantum whereas if it had gone to one by the Common Law it would still have flourished c. M r Bois among many reasons shewed that it would in Kent be a great loss to the Queen of her Subsidy for by reason of these Sub-divisions there were many ten pound men And whosoever knows the State of our Country shall find more by under ten pound men than above come to the Queen And now if these being divided in several hands should now go according to the Common Law this would make the Queen a great loser Being put to the question the No was the greater yet the I I I. would needs go forth and upon division it appeared the I I I. were sixty seven and the No a hundred thirty eight and so the Bill was rejected The Bill for suppressing of Alehouses and Tipling-Houses was read the second time and upon the question for committing dashed M r Francis Moore offered a Proviso to the House and shewed that he was of Councel and standing Fee with the Corporation of Vintners in London and shewed that they were an antient Corporation and had ever used by force of divers Charters of Kings of this Realm to sell Wines and now by this Bill all was inhibited And therefore c. which was received Mr. Johnson said If this Bill should pass it would breed a great confusion of Government for by this Law the Justices of the County might enter into the liberty of any Corporation and license sale of Wine and Beer Besides he must be licensed by four Justices perhaps there be not four Justices in a Corporation admitting power were not given to the Foreign Justice Now when these four Justices have enabled him by this Law they have not power upon his misbehaviour to put him down and so very insufficient and impossible to be mended Sir Robert Wroth said The Bill is that no man shall sell c. but he must be allowed in the Quarter Sessions by four Justices and what pain and charge this will be to a poor man to go with some of his Neighbours twenty or thirty Miles for a Licence and what a monstrous trouble to all the Justices I refer to your considerations c. and so the Bill was dashed as is aforesaid Mr. Speaker shewed her Majesties Pleasure to be that this House should proceed in all convenient speedy course of dispatching the businesses at this time fit to be dealt in for that her Majesty purposeth shortly to end this present Session of Parliament This Message being thus transcribed out of the Original Journal-Book of the House of Commons now follows the residue of the Passages of this Forenoon out of a private Journal Sir Edward Hobbie said We attended the Lords this Morning touching the Information against Mr. Belgrave and in the end concluded That forasmuch as it concerned their Lordships as well as our Priviledges they desired some time to consult and will send us word of their resolutions Vide December the 16 th Wednesday ensuing Doctor Stanhop and Doctor Hone brought a Bill from the Lords Intituled An Act for establishing of the remainder of certain Lands of Andrew Kettleby Esq to Francis Kettleby and so they departed Then the questions upon the continuance of Statutes were offered to be read but the House called for the Bill of Ordnance yet the Clerk fell to read the questions but the House still cryed upon Ordnance At length Mr. Carey stood up and said In the Roman Senate the Consul always appointed what should be read what not so may our Speaker whose place is a Consuls place if he err or do not his duty sitting to his place we may remove him And there have been Precedents But to appoint what business shall be handled in my opinion we cannot At which Speech some hissed Mr. Wiseman said I reverence Mr. Speaker in his place but I take great difference between the old Roman Consuls and him Ours is a Municipial Government and we know our own Grievances better than Mr. Speaker And therefore fit every man alternis vicibus should have those Acts called for he conceives most necessary All said I I I. Mr. Hackwell said I wish nothing may be done but with consent that breeds the best Concordance my desire is the Bill of Ordnance should be read If you Mr. Speaker do not think so I humbly pray it may be put to the question Mr. Martin and Mr. Francis Moore stood up but Mr. Martin first one would not yield to the other and great calling there was till at length Mr. Comptroller stood up and said I am sorry to see this confusion in this House it were better we used more silence and kept better Order Yesterday you Ordered the continuance of Statutes should be read now in an humour you cry Ordnance Ordnance I pray you that which we first decree let us stick to and not do and undo upon every idle Motion Mr. Secretary Cecill said I will speak shortly 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 quà m nihil agere I wish the Bill for continuance of Statutes may be read and that agrees with the Precedent Order of this House and more with the gravity
Wells a new Writ was required for Wotten-Basset M r Elrington appeared this day with Mr. Serjeant Harper and Mr. Plowden being of his Learned Council who shewing great reasons that the Bill might be rejected certain Articles were delivered in by the Mayor of Guildford for maintenance of the Bill which being read the Copy thereof was awarded to Mr. Elrington Vide de ista materia on the Morrow following Giles Clinket Servant to Sir John Parrot K t of Pembroke Attached in London in a Plea of Debt at the Suit of Francis Parke had the Priviledge of the House granted On Saturday the 30 th day of January Thomas Heneage was returned Knight for the County of Lincoln and also Burgess for Boston in that County and doth appear for Lincoln whereupon a new Writ is required for Boston Three Bills had each of them one reading of which the last being the Bill to revive the Act touching Usury an 37 Hen. 8. was read the first time and as it should seem committed to Mr. Vice-Chamberlain to consider of it Mr. Elrington came in with the Serjeant requiring the Order of this House in what sort he should Answer the Articles whereupon the whole matter was committed to twelve of the House to hear the Parties and Proofs on both sides and thereupon to certifie this House of which number it should seem Mr. Sidney was one Vide touching this business on Thursday the 21 th day on Friday the 22 th day and on Friday the 29 th day of this instant January foregoing It was Ordered that every one of this House that cometh after the Prayer which shall begin at eight of the Clock shall pay four pence to the poor Mans Box. On Monday the first day of February Five Bills of no great moment had each of them one reading of which the second being the Bill touching the Bowyers of London was read the second time and as it should seem committed to Sir William Chester and others not named And the third being the Bill against carrying over the Sea of Pelts and Sheep-Skins not Staple Ware was read the second time and Ordered to be ingrossed The Committees in the Bill touching Barwick have had Conference with the Lords and have further day to meet again viz. on Saturday next The Bill to have de circumstantilus to the Juries in Wales and in the County Palatine of Lancaster was read the first time Mr. Comptroller with others was appointed to confer of the Priviledge of this House upon motions made for the Imprisonment of Sir Edward Warner On Wednesday the 3 d day of February the Bill to revive the Statute made for putting down of Grigg Mills was read the second time and as it should seem committed to Mr. Chichester and others not named Vide a like President on Thursday the 21 th day of January foregoing Thomas Dring Burgess of Petersfield in the County of Southampton was Licensed upon the Death of his Uncle to be absent for ten dayes Five other Bills of no great moment had each of them one reading of which one being the Bill against carrying over Sea of Pelts and Sheep Skins not Staple Ware was read the third time and passed And another being for Robbing of Ponds and Stealing of Fish and Conies to be Felony was read the third time and as it should seem committed to Mr. Comptroller and others not named Vide consimile on Tuesday the 21 th day of January foregoing On Thursday the 4 th of February Three Bills of no great moment had each of them one reading of which the third being the Bill touching Badgers and Carryers of Corn was read the second time and as it should seem committed to Mr. Recorder and others not named Christopher Hillyer Burgess for Heydon in Yorkshire upon the sickness of his Wife was Licensed to be absent On Friday the 5 th day of February Two Bills of no great moment had each of them one reading of which the second being the Bill for repairing of Waltersey Bank in the Isle of Ely was read the second time and as it should seem committed to Mr. North and others not named Vide consimile on Thursday the 21 th day of January foregoing Sir Henry Jones complained that all his Servants were Imprisoned and prayed Priviledge and after long Arguments for the Priviledge Commission was given to Mr. Sackvill and others to examine and certifie of the matter On Saturday the 6 th day of February the new Bill for setting up of Grigg Mills betwixt Plime and Dart was read the first time A motion was made by M r Winter that the House would have regard by some Bill to the Navy And thereupon the matter as it should seem was referr'd to the said M r Winter and others whose names through the negligence of ..... Seymour Esq at this time Clerk of the House of Commons are here as in all other places of this Journal omitted The Bill for a Subsidy of Lands and Goods and two Fifteens was read the first time On Monday the 8 th day of February the new Bill against Servants robbing their Masters and Buggery to be Felony was read the first time M r Sidney and M r Mason declared that upon Examination the Fray seemed to be begun by Sir Henry Jones his Servants Vide touching this business on Friday the 12 th day of this Instant February following On Tuesday the 9 th day of February the Bill for the Subsidy of Lands and Goods and two Fifteens and Tenths was read the second time but there is no mention made of any thing spoken to it or the referring of it to Committees or Ordering of it to be ingrossed because as may be conjectured the Subsidy Bill being commonly of a great length the Forenoon was far spent by that time it was read through and therefore the Arguments upon it were deferred till to Morrow in which much dispute growing touching the Oath of the Assessors it was again agitated in the House on Friday the 12 th day and on Saturday the 13 th of this instant February ensuing when it was Ordered to be ingrossed and was lastly on Friday the 19 th day of the same Month read the third time and passed the House On Wednesday the 10 th day of February Two Bills had each of them one reading of which the first being the Bill for Servants robbing of their Masters and touching Buggery was read the second time and Ordered to be engrossed Thomas Walwin Gent. John Rice Yeoman Owen Rice Rice ap Richard and Griffith Lewes and John ap John Servants to Sir Henry Jones Knight for Carmarthen being Attached in London in three Actions of Trespass at the several Suits of George Catchmeyde William Prime and Henry Elmely Gent. move to have a Writ of Priviledge Vide plus concerning this matter on Friday the 12 th day of this Instant February ensuing Divers Arguments were this day in the House upon the Bill of Subsidy and the Oath
Right well Beloved Counsellor Sir Thomas Bromley Knight Lord Chancellor of England Greeting Whereas in the beginning of this our present Parliament holden at Westminster the eight day of May in the fourteenth year of our Reign the Knights Citizens and Burgesses being Assembled in the same Parliament were Commanded by us to go to their accustomed place and there to chuse to themselves one to be their Speaker according to the accustomed manner Whereupon the same Knights Citizens and Burgesses did Elect and Chuse one Robert Bell Esq afterwards Knight and Chief Baron of our Exchequer now deceased to be their Speaker and the same their Election did afterwards certifie unto us which Election we did allow and ratifie since which time this our present Parliament hath been continued by divers Prorogations until the 8 th day of February in the eighteenth year of our Reign at which time the said Parliament was holden and continued from the said 8 th day of February until the 15 th day of March then next following from which time also the said Parliament hath continued by divers and sundry Prorogations until the 16 th day of January in this present twenty third year of our Reign At which day the Lords Spiritual and Temporal and also the said Knights Citizens and Burgesses have declared unto us that the said Robert Bell since the last Session of this present Parliament is dead and thereupon have made their humble Suit and Petition to us that they might have Licence and Commandment from us to proceed to Elect amongst themselves one other to be their Speaker for the rest of this present Parliament yet to come Wherefore we having certain and perfect knowledge that the said Robert Bell is dead as they have alledged and considering their humble Petition and Request is very meet and necessary to be granted have appointed and Constituted you and by the these Presents we do Will Command Constitute and Appoint you for us and in our Name to Call the said Knights Citizens and Burgesses before you and other the Lords Spiritual and Temporal Assembled in this our present Parliament in the Higher House of our Parliament at Westminster and there present for us and in our Name to Will and Command the said Knights Citizens and Burgesses to resort to their accustomed place and there to Elect and Chuse amongst themselves one sufficient and able Person to be their Speaker for the rest of this present Parliament yet to come and after they have once made their Election that then three or four of them for and in all their names shall signifie the same unto us and thereupon we will further signifie our Pleasure unto them what day and time they shall present the Person Elected before us as heretofore hath been in like Cases accustomed to be done Wherefore our Will and Pleasure is that you do diligently attend about doing of the premises and execute the same with effect In Witness whereof we have caused these our Letters Patents to be Sealed with our Great Seal Witness our Self at Westminster the 16 th day of January in the twenty third Year of our Reign Thus far out of the Original Journal-Book of the Upper House now follows the continuance of this days Passages as also of the residue of the matters handled in the House of Commons during this Session of Parliament out of the Original Journal-Book of the same House At the return of such Members of the House of Commons into their own House as had been present in the Upper House during the time the recited Commission was in reading for many of the House of Commons conceiving that their sending for to the Upper House aforesaid being only by their own Serjeant whom they had sent up to the Lords to see if the Lord Chancellor and the rest of their Lordships were come thither or no was no orderly giving them notice of their Lordships desires in that behalf according to former usage in respect that the said Commons are to be sent for by ..... amongst the said Members as aforesaid who had been so present in the said Upper House Sir Francis Knolles Knight Treasurer of her Majesties Household did at his return declare that for Answer to the Suit her Majesties Commission was read to license and Command the Commons to Chuse a Speaker and that four of this House being of the Privy-Council should make report of the Election to her Majesty that her Highness might thereupon signifie her further Pleasure for appointing the day for presenting of him M r Treasurer further declared unto the House before their proceeding to Election that he and others had just now seen in the Upper House one that is a Member of this House to wit M r John Popham her Majesties Sollicitor General being one of the Citizens for Bristol and therefore made a Motion that some of this House might be sent to their Lordships with request that the said M r Popham being a Member of this House might forthwith be remanded and restored to this House again which some thought not needful to be done before the Election and others again denying that he or any other could be Chosen Speaker except he were present himself The Clerk was Commanded to read the said Precedent again of chusing M r Onslow in the said eighth year of her Majesties Reign which said Precedent see on Monday the 16 th day of this instant foregoing and thereupon that course being agreed upon to be followed the said M r Treasurer and others were sent up to the Lords to demand the restitution of the said M r Popham and brought Answer again that their Lordships had resolved he should be sent down the rather because he was a Member of this House and this House possessed of him before he was Sollicitor or had any place of Attendance in the Upper House Upon relation whereof a Motion was presently made that it was not meet or convenient to chuse a Speaker by persons that were not of the House and withal it was thought of some that divers persons being newly returned in the places of others yet living were not or ought not to be accounted Members of this House Whereupon to avoid length of Argument and the impediment of the Election the said M r Treasurer by the Assent of the House pronounced an Admonition that all such as were newly returned in the places of others yet living should forbear to repair to the House till their case were further considered Then immediately M r Anderson the Queens Serjeant at Law and Sir Gilbert Gerard Knight her Highness Attorney General brought from the Lords the said M r Popham her Majesties Sollicitor General one of the Citizens for the City of Bristol and restored him to this House as a Member of the same and so departed And then was a Motion made by M r Lewkenor for Prayer to be used before the Election that it might please God both in that and in the residue