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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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abuses of the Bishops in every one of them He delivering the Bill made this his request That if the House thought good to receive it that then they might be Suitors unto her Majesty to have it allowed The Bill being delivered by Mr. Morris his hand unto Mr. Speaker Mr. Dalton of Lincolns-Inne stood up and spake with much earnestness against it saying IT is hard for me upon a sudden to answer a long premeditated Speech but as I am able I will say and shew what I think of the Bill exhibited It pretends great things in shew things tending to the hindrance of God's Service to the derogation of her Majesties Prerogative to the overthrowing of our Laws and violating of our Liberties things great in shew but no such things to be found in matter spoke against It is easie to make of a Mole-hill a Mountain in words so by a well compiled Speech to make a great and dangerous thing of nothing nay indeed a thing needless for that the State hitherto hath always stood upon this Government And so shewed how the Ecclesiastical Government was distinct from the Temporal The Reasons he gave were few or none onely his great mislike was that having received straight Commandment from her Majesty not to meddle with things concerning the Church and State of this Realm therefore in his opinion the Bill ought to be suppressed Mr. Speaker IN favour and in free love above my merits and deserts you have elected me to do all my best service and to be faithful to you This Bill delivered to me is long and containeth important matters of great weight and such matters as cannot be expressed in few words It hath many parts and if you put me presently to open it I cannot do it as I should for indeed it is a matter far above my ordinary practice and so I cannot so readily understand it and to deliver a thing before I conceive it I cannot Wherefore if it would please you to give me leave to consider of it I do profess I will be faithful and will keep it with all secrecy Hereupon it was put to the question Whether it should be committed to the Speaker onely or to the Privy Council and him But it was held to be against the Order of the House that a Bill should be committed before it was read Therefore upon a Motion made by Mr. Wroth it was agreed that Mr. Speaker should keep it This afternoon at two of the clock Mr. Speaker was sent for unto Court where the Queens Majesty her self gave him commandment what to deliver unto the House On Wednesday Feb. 28. after Prayers the Bill for Recusants was read This morning Mr. Morris was sent for to Court and from thence he was committed unto Sir John Fortesoue's keeping This Bill against Recusants was opened and read by Mr. Speaker who made fourteen divided parts of the same Mr. Speaker YEsterday a great Member of this House after a Speech used and his Reasons laid forth delivered two Bills unto me which Bills though not being read yet were diversly spoken of They being long and the matters grave and of great importance and the day being almost spent I desired further time to consider of the parts of the Bill I humbly thank this honourable House time was granted me freely it being almost twelve of the clock I have perused and read both of the Bills I have them about me and they have been continually with me ever since they were delivered to me never any man saw them nor ever any mans eye more than my own ever saw one word of them A little after I had perused the Bills I was sent for by a special Messenger from her Majesty Coming in her Royal presence I was commanded to deliver these words from her most excellent Majesty unto the body of the Realm for so she termed this House The matter I have to speak is great yea it is the greatest matter I ever had to deal in wherefore I pray God direct mentem linguam hanc I must be short for her Majesties words were not many and I may perhaps fail in the delivery of them for though my Auditors be great yet who is so impudent that the presence of such a Majesty would not appale him and it did greatly fear me when I did see none of these honourable persons in her presence who were present at the holding of the matter in this House yet so God in his providence had appointed it that even in this while came in some of the persons here present who if I fail in delivering what was given me in charge can report it unto you and I glad am that there are witnesses with me in this action what was my faithful service for the House I protest a greater comfort never befel me than that this my Integrity and faithful Promise to this House is not violated for her Majesty in her most gracious wisdom before my coming determined not to press me in this neither indeed did she require the Bill of me for this onely she required of me What were the things spoken of by the House which points I onely delivered as they that heard me can tell The Message delivered me from her Majesty The Speaker 〈…〉 Message to the Commons consisteth of three things First the end for which the Parliament was called Secondly the Speech which her Majesty used by my Lord Keeper Thirdly what her Pleasure and Commandment now is For the first it is in me and my power I speak now in her Majesties person to call Parliaments and it is in my power to end and determine the same it is in my power to assent or dissent to any thing done in Parliament The calling of this Parliament was onely that the Majesty of God might be more religiously served and those that neglect this service might be compelled by some sharper means to a more due obedience and more true service of God than there hath been hitherto used And further that the safety of her Majesties Person and of this Realm might be by all means provided for against our great Enemies the Pope and the King of Spain Her Majesties most excellent Pleasure being then delivered unto us by the Lord Keeper it was not meant we should meddle with matters of State or in Causes Ecclesiastical for so her Majesty termed them She wondered that any would be of so high commandment to attempt I use her own words a thing contrary to that which she had so expresly forbidden wherefore with this she was highly displeased And because the words then spoken by my Lord Keeper are not now perhaps well remembred or some be now here that were not there her Majesties present Charge and express Commandment is That no Bills touching matters of State or Reformation in Causes Ecclesiastical be exhibited And upon my Allegiance I am commanded if any such Bill be exhibited not to read it On Thursday March 1. after Prayers
the manner For the first he fell into commendations of the Commonalty for the second the manner which was speedy not by perswasion or perswasive inducements but freely out of duty with great contentment In the thing which you have granted her Majesty greatly commendeth your confidence and judgments and though it be not proportionable to her occasions yet she most thank fully receiveth the same as a loving and thank-ful Prince And that no Prince was ever more unwilling to exact or receive any thing from the Subject than she our most gracious Soveraign for we all know she never was a greedy Grasper nor siraight-handed keeper And therefore she commanded me to say That you have done and so she taketh it dutifully plentifully and thank-fully For your self Mr. Speaker her Majesty commanded me to say That you have proceeded with such wisdom and discretion that it is much to your commendations and that none before you have deserved more And so he ended after an Admonition given to the Justices of Peace That they would not deserve the Epethites of prowling Justices Justices of Quarrels who counted Champerty good Chevesance sinning Justices who did suck and consume the Good of this Commonwealth and also against all those that did lie if not all the year yet at least three quarters of the year in the City of London After these Speeches ended They are dissolved her Majesty gave her Royal Assent to nineteen Publick Acts and ten Private Acts and then the Parliament was dissolved by the Lord Keeper of the great Seal of England A perfect Journal of every days Proceedings in the House of Commons at the Parliament beginning at Westminster the xxvijth day of October Anno 1601. and in the 43. Year of the Raign of Q Eliz. and ending the xixth day of December then next following Collected by Mr. Heyward Townshend one of the Members of the said House THe first day of the Parliament The Queen goes to the Parliament in an open Chariot with a Canopy of Silver about three of the Clock in the Afternoon the Queens Majesty went by Land to westminster-Abby riding in a Chariot made all open only like a Canopy over her head being of Cloth of Silver with all the Bishops and Lords in their Parliament Robes according to their Degrees being marshalled by the Heraulds Where was made unto her a Sermon after the hearing whereof she went to the Upper-house of Parliament where being sate a while and the Knights and Burgesses of the Lower-house being sent for the door kept so that they went not all in notwithstanding some were within by some special means before and heard the Lord-keepers Speech made unto them which is after in effect delivered by Mr. Secretary Cicil Some of the Commons discontented in the Lower-house So that after the Knights and Burgesses had staid a good while it was told them That the Lord-keepers Speech was done and thereupon every man went away discontented In the mean time whilst her Majesty was at Sermon the Lord-Admiral came into the Court of Requests Admiral and there began to call the Knights and Burgesses by the Poil and also to swear them at the same time But because that course seemed too tedious he staid whilst Sir William Knowls Controuler of the household Sir John Stanhopp Vice-Chamberlain Sir Robert Cicil Principal Secretary of State and John Herbert Esquire second Secretary came who were all coming up from the Upper house together and then only the Knights and Burgesses were called After that the Lord Admiral and Mr. Secretary Cicil went up to the Upper-house but Mr. Controuler Sir John Stanhopp and Mr. Secretary Herbert went to the space before the Parliament House door where they sware all the Lower-house confusedly four at one time six at another eight at another taking their names that swore and who not and still as every man was Sworn he went into the house and to his place as best liked him VVhen all were Sworn and the Queen come to the Upper-House and the Lord-Keepers speech ended Then all the Privy Councel of the Lower-house came in thither and sate quiet a while and then putting their heads together Mr. Controuler stood up and spake to this effect That it was an Antient Custom in that House The Comptrouler speaks first that at those times some Man should break silence and I must confess at this time it belongs to my place It is needless to shew the use of this House because it s well known to all or most here All men knows that the speech of a multitude breedeth confusion and dissention It is therefore fit for us to chuse one to be our Speaker which for his experience may speak and for his sufficiency dare and can speak on all our Behalfs and Affairs Neither doth it stand with the Honor and Antient Usage of this House to speak but by one Neither is it answerable to the State of her Majesty to deliver unto her our mindes by the Tongues of a confused Multitude Then we are to fall into consideration what manner of person he shall be First A man Religious for Religion ought to be the foundation of our building and labour Then Honest Grave VVise Faithful and Secret These Vertues must concur in one Person able to supply this place Now having delivered unto you the necessity of a Speaker and his qualities I will deliver unto you my Opinion whom I think fit for the place referring it to your consideration and for my own part He Recommends the Recorder of London for their Speaker who seems to Admire at it not prejudicing the VVorth of any in this House I deem Mr. John Crook Recorder of London a most fit and worthy and able man for this Service At which words Mr. Crook put off his Hat with a kind of strange Admiration whose Sufficiency in all respcts and his Loyalty and Faithfulness to do our Common-wealth service is well known unto us and hath been often approved by his learned Speeches diverse times delivered before her Majesty I do not attribute so much to mine own Choice that I presume to assure you there is no Man here fitter for the same than he is but I only make bold to deliver my Opinion leaving the choise of him or any other to the free Election of every particular Member of this House And for the motion which hath been made touching the keeping out of the house during the time of the Lord Keepers Speech I do assure you it was not willingly done but through Ignorance of the Groom of the Chamber but if the House be desirous to hear the Effect thereof I will intreat some that were there at that time to satisfiy their desires The cause of which preclose was for that one Mr. Leigh during the time of the Commons swearing made a complaint to Mr. Controuler sitting in the House that they toook it in great disgrace that they were shut out After which
Proxies there was but that one set down in the Page before-going which made two Proctors all the rest naming three or but one all which see afterwards on the 22.24.27 days of February and on the 7. and 28. days of March Where also it may be noted That John Archbishop of Canterbury had this Parliament five Proxies Now follows next in order to be set down the continuing of this Parliament which in the original Journal-book it self followed immediately upon the names of the Lords foregoing being present this afternoon So that the substance of the Lord Keeper's Speech foregoing and this also that follows at the presentment of the Speaker was supplied by my self out of a very exact Journal which I had of the Passages of the Lower House this present Parliament conceiving those Speeches in all my Journals ought more fitly to be referred to the Passages of the Upper House than of the House of Commons Dominus Custos Magni Sigill ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis prox futur On Thursday Feb. 22. the Queens Majesty her self came about three of the clock in the afternoon accompanied with divers of the Lords Spiritual and Temporal there being present this day the Archbishop of Canterbury Sir John Puckering Kt. Lord Keeper of the Great Seal William Lord Burleigh Lord Treasurer of England the Marquiss of Winchester twelve Earls two Viscounts fifteen Bishops and twenty three Barons being for the most part the very same that are by name set down to have been present on Munday last The Queen and the Lords being thus sat the House of Commons having notice thereof Edw. Cooke the Queens Sollicitor chosen and presented immediately came up with Edward Coke Esq the Queens Sollicitor into the Upper House whom they had chosen for their Speaker who being led up to the Bar at the nether end of the said House between two of the most eminent Personages of the Lower House as soon as silence was made and the rest of the House of Commons had placed themselves below the Bar he spake as followeth The Speaker's Speech YOur Majesties most loving Subjects the Knights and Burgesses of the Lower House have nominated me your Graces poor Servant and Subject to be their Speaker This their Nomination hath hitherto proceeded that they present me to speak before your Majesty yet this their Nomination is onely a Nomination yet and no Election until your Majestie giveth allowance and approbation For as in the Heavens a Star is but opacum corpus until it hath received light from the Sun so stand I corpus opacum a mute body until your high bright shining wisdom hath looked upon me and allowed me How great a Charge this is The Speaker disables himself to be the Mouth of such a Body as your House of Commons represent to utter that is spoken Grandia Regni my small experience being a poor professor of the Law can tell but how unable I am to undergo this Office my present Speech doth tell that of a number of this House I am most unfit for amongst them are many grave many learned many deep wise men and those of ripe Judgments but I an untimely Fruit not ripe nay bud a but not scarce fully blossomed so as I fear your Majesty will say Neglecta fruge liguntur folia amongst so many fair fruits you have plucked a shaking leaf If I may be so bold to remember a Speech used the last Parliament in your Majesties own mouth Many come hither ad consulendum qui neseiunt quid sit consulendum a just reprehension to many as to my self also an untimely fruit my years and judgment ill befitting the gravity of this place But howsoever I know my self the meanest and inferiour unto all that ever were before me in this place yet in faithfulness of service and dutifulness of love I think not my self inferiour to any that ever were before me And amidst my many imperfections yet this is my comfort I never knew any in this place but if your Majesty gave him favour God who also called them to this place gave them also the blessing to discharge it The Lord Keeper having received Instructions from the Queen answered him Mr. Sollicitor HER Graces most Excellent Majesty hath willed me to signifie unto you that she hath ever well conceived of you since she first heard of you which will appear when her Highness selected you from others to serve her self but by this your modest wise and well-composed Speech you give her Majesty further occasion to conceive of you above that she ever thought was in you by endeavouring to deject and abase your self and your desert you have made known and discovered your worthiness and sufficiency to discharge the place you are called to And whereas you account your self corpus opacum her Majesty by the influence of her Vertue and Wisdom 〈◊〉 is commanded and a●●●●●ed by the Qs. order doth enlighten you and not onely alloweth and approveth you but much than keth the Lower House and commendeth their discretions in making such a Choise and electing so fit a man Wherefore Mr. Speaker proceed in your Office and go forward to your Commendation as you have begun The Lord Keepers Speech being ended the Speaker began a new Speech COnsidering the great and wonderful Blessings The second Speech of the Speaker besides the long Peaece we have enjoyed under your Graces most happy and victorious Reign and remembring withal the Wisdom and Justice your Grace hath reigned over us with we have cause to praise God that ever you were given us and the hazard that your Majesty hath adventured and the charge that you have born for us and our safety ought to make us ready to lay down our Lives and all our Living to do you service After this he related the great Attempts of her Majesties Enemies against us especially the Pope and the King of Spain adhering unto him how wonderfully were we delivered in 88 and what a favour therein God manifested unto her Majesty His Speech 〈…〉 after this tended wholly to shew out of the Histories of England and the old State how the Kings of England ever since Henry the third's time have maintained themselves to be Supream Head over all Causes in their own Dominions and recited the Laws that were made in his and other Kings times for maintaining their own Supremacy and excluding the Pope He drew down his Proofs by Statute in every Kings time since Hen. 3. 〈…〉 unto Edw. 6. This ended he came to speak of the Laws that were so great and so many already that they were fitly to be termed Elephaentinae Leges Wherefore to make more Laws it might seem superfluous Too great a multiplicity of our Laws and to him that might ask Quid Causa ut Crescunt tot magna volumina Legis it may be answered In promptu Causa est Crescit in orbe
as to the Queen as for two parts of the Profits to be answered her and so all Sales hereafter to be made by any Recusant convicted the Sale being bona side The sixth They shall be disabled to be Justices of the Peace Mayors or Sheriffs The ninth Children being ten years until they be sixteen to be disposed at the appointment of four Privy Counsellors the Justices of Assize the Bishop of the Diocess Justice of the Peace And if the third part of the Land suffice not for maintenance the rest to be levied of the Parents Goods The eleventh Recusants that be Copyholders to forfeit two parts to the Lord of the Mannor if the Lord be no Recusant and if he be then to the Queen The thirteenth Protesting that he doth not come to Church under colour of any Dispensation or other allowance from the Pope but for Conscience and Religion Sir Robert Cecill AS I remember Cecill's Speech I have been of this House these five Parliaments and I have not determined to say any thing in these Assemblies further than my Cogitations should concur with my Conscience in saying bare I and No. Give me leave I pray you to rehearse an old Saying and it is in Latine Nec te Collaudes nec te Vituperes ipse For me to do the one were exceeding Arrogancy and to do the other I confess I hope you will pardon me The occasion of this Parliament which I take to be by that which we received from the honourable and learned Speech of the Lord Keeper as of and from her Majesty to us in the Higher House is for the cause of Religion and the maintenance thereof amongst us the preservation of her Majesties most Royal Person and the good of this Realm our Country All which because they be things of most dear and nearest price and at this present in exceeding great and eminent danger it is behoveful to consult of most speedy remedies which in parcels should proceed from the most wise heads The Enemy to these is the King of Spain whose malice and ambition is such that together with the Pope that Antichrist of Rome for I may well couple them together the one being always accompanied with Envy and Prosperity the other with unsatiable desire makes them by all means seek the subversion of this State But concerning the first the Cause of God and his Religion which her Majesty professed before she came on this Royal Seat which she hath defended and maintained and for which cause God hath so blessed her Government ever since her coming to the Crown yea while the Crown was scarce warm on her head she abolished the Authority of Rome and did set up God's Truth amongst us and to her great Renown made this little Land to be a Sanctuary for all the persecuted Saints of God whereby the People perceived her Magnanimity Zeal and Judgment Magnanimity in understanding so great an Enterprize Zeal in professing the same not of shew but in sincerity Judgment in defending it and preventing all the Popes designes He set forth his Bulls and Missives against her Majesty thereby most unnaturally depriving her of her most natural Right Duty and Loyalty which her Subjects should owe unto her c. Here he touched the many dangers which her Majesty had been in which as it caused him to fear to think so it did cause him to tremble to speak concerning the danger of our Country and so the loss of our Lives Liberties Wives Children and all other Priviledges Let me not trouble you with things passed so long and perhaps beyond my reach but of things passed of late years and since 88 when as we were so secure and never thought the King of Spain would have set up his Rest for England then sent he his Navy termed Invincible and had almost been upon the backs of us before we were aware yea we were so slack in Provision that it was too late to make resistance had not God preserved us his attempt against us by seeking to win the Low Countries and to obtain Ireland which being but trifles and partly devices which I mean not to trouble you with He hath now of late gone about to win France wherein he hath greatly prevailed as in Lorain and in other parts as you have heard but especially in Britain having most part of the Port-towns in his possession whither he still sends Supplies dayly and re-enforceth them every four or five months which Port is always open and his men and forces never wanting This Province he especially desireth for it lieth most fitly to annoy us whither he may send Forces continually and there have his Navy ready to annoy us the which he could not otherwise so easily do unless he had the Wind in a bag Besides having this Province he will keep us from Traffique to Rochel and Bourdeaux as he doth in the Streights from Tripoly and St. Jean de luze and so hinder us from carrying forth or bringing in into this Land any Commodities whereby this Realm might be inriched and her Majesties Impost ever increased being one of the greatest Revenues of her Crown He hath also gone about with them of Stode and the King of Poland one of his own Faction and who by reason he cannot do in that Kingdom what he listeth he may easily command him to impede or hinder our Traffique in those Eastern parts which if he could bring to pass you see how hurtful it would be to this Land But to descend yet more lower and into these latter Actions he hath seen it is but a folly to endeavour to make a wooden-bridge to pass into England therefore he hath found out a more sure way and stronger passage unto it by Land and that by Scotland which though it be not talked of at the Exchange nor preached of at Paul's Cross yet it is most true and in Scotland as common as the High-way that he hath procured to him many of the Nobility there It is true he hath sent thither no Navy and if he had endeavoured it her Majesty would not have suffered him yet do she what she can some paltry Fly-boat may escape her Majesties good Ships and carry Gold enough in her to make them Traytors and stir them to Sedition These things her Majesty understood before and advertised that King thereof but he not so well conceiving thereof hath by the effect proved the other true And unless I be deceived the last Letter that came from thence the other night sheweth that King is gone to make a Road into the North and to bring Back the Lord Bothwell and the Lord Huntley The King of Spain's malice thus dayly increaseth against us and seeketh also to stir up Sedition amongst us by his Instruments the number also of Papists dayly increaseth or at leastwise be more manifested My advice is That you would consult which ways to withstand such eminent dangers which the greater they be the sooner they
divers in this House do know Three Hundred Thousand Pounds before Easter How this shall be Raised and Gathered That is the Question For without this proportion of Charge neither can the Spaniards in Ireland be repelled nor the War there maintain'd Neither Her Majesties other Affairs be set on Foot Neither Provision sufficient can be made for defence against Forreign Invasions Admit with a less Charge we should now Expell him Will any man be so simple to think he will give over the Enterprise being of so great Consequence and grow Desperate I should think him a man but of a shallow Understanding and less Policy Surely if we had been of that mind when he had that great Overthrow of his Invincible Navy One Thousand Five Hundred Eighty Eight we had been destinated unto Perdition For how many chargeable Enterprises of Puissant great Consequence hath he since made The like if his Forces in Ireland should now Fail would he do again And therefore That we now do in Defence if he should be expelled with a less Matter would as well serve to make Defence against his next Invasion of that Kingdom as also to Enrich her Majesty to be ready to Furnish her Navy and Forces the speedier for her safety Besides if he bestows so vast a Treasure for the gaining of one poor Town Ostend what will he do to gain so strong and Famous a Kingdom as Ireland I will by the Leave of a VVorthy Person that sits by me and knows these things better than I do yeild a particular Account to you of the State it self First The last whole Subsidy after the Rate of Four Shillings Land and Eight Groats Goods came not to above Eighty-Thousand Pounds the Subsidy of the Clergy Twenty-Thousand Pounds the Double Fifteens Sixty-Thousand Pounds In all One-Hundred and Sixty-Thousand Pounds Since my Lord of Essex's Going into Ireland who now is with God she hath spent Three-Hundred-Thousand Pounds which cometh unto Three-Hundred and Twenty-Two-Thousand Pounds So the Queen is behind-hand Three-Hundred-Thousand Pounds Thus we refer the Matter to your Judicial Consideration We only shew you the present Estate of the Queen and her Affairs wishing no Man to look that we should give Advice what is to be done As though your Selves who are the Wisdom of the Land could not direct your Selves neither upon the Reasons alledged judge of the Necessity of the State Mr. Comptroller Sir John Fortescue Sir John Fortescue and Mr. Secretary Harbart spake all to the same Effect only Sir John Fortescue added this That what pleased the House in the Name of the Subjects to bestow the same Her Majesty did and ever would imploy to their Uses So that Dying it might be written on Her Tomb as on the Emperor Quod occupatus vixit So that She Dying Lived still imploying all to the Safety of Her Subjects And I beseech you remember That the Great Turk when he Conquer'd Constantinople found therein Three-Hundred Millions of Gold Which being told him If they said he had bestowed but Three Millions in defence of their City I could never have gotten it A notable Saving of the Great Turk From this Blindness I pray God Defend us that we may not be backwards to give Four Subsidies to Her Majesty for want whereof in time we may hap to lose that which cannot be Recovered or Defended with a Hundred So after a few other Conferences and Speeches Pro Contra it was concluded That the House should be Certified of their Proceedings on Monday and by General Consent the Three Pound Men were to be included And so the House about Six a Clock at Night rose confusedly Nota That Mr. Anthony Maynard by the Consent of the whole House sat in the Chair as Clerk to Register the Order of this Committee and by Consent also was Licensed to put on his Hat Sunday November the 8th On Monday November the 9th A Bill for Suppressing of Maintenance Also A Bill to suppress People from idle Shifting The first time Read Also A Bill for the Reformation of Abuses in the Making of Cloth Also A Bill for Advance of Customs A Bill for the Benefit of Merchants and Advancing of Her Majesties Customs both Inward and Outward Also Mr. Townsend moves against the great Number of common Sollicitors A Bill to Restrain the Number of Common Sollicitors put in by Mr. Townsend of Lincolns-Inn the Collector of this Journal to which he spake as followeth May it please you Mr. Speaker It was well said by a Worthy Member of this House Mr. Francis Bacon That every Man is bound to help the Common-Wealth the best he may Much more is every Man in his own Particular bound being a Member of this House if he knows any dangerous Enormity towards the Common-Wealth That he would not only open it but if it may be suppress it We being all here within these Walls together may be likened to a Jury shut up in a Chamber Every Man There upon his Oath and every Man Here upon his Conscience being the Grand Jury-Men of this Land bound to deal both Plainly and Truly Here-with 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 knowing the great Inconvenience and Mischief attends this Kingdom by Silence in so pleasing a Case as I perswade my self this Bill will be to every Man that hears it To which Mr. Speaker because I may have Benefit of Speech if occasion serves at the second Reading thereof I will not speak more at this present than only touch the Tract of the Bill it self The Honourable Person that in the Upper-House in the Beginning of this Parliament spake against the Lewd Abuses of Prowling Sollicitors and their great Multitude who set Dissention between Man and Man like a Snake cut in pieces crawl together and joine themselves again to stir up even Spirits of Dissention He I say advises us that a Law might be made to suppress them I have observed that no Man this Parliament ever profer'd to prefer any such Bill to this House but sure I am no Man spake to this Purpose I have therefore Mr. 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 Suppress the Multitude of Common Sollicitors The Body of the Act disableth all Persons to Sollicite in any Cause other than their own There is Excepted and Fore-prized Four several sorts Lawyers and Atturnies 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 sufficient Sollicitor within these Four Degrees And I humbly pray The Bill being short may be Read and Received A Bill concerning certain Abuses in the Exchequer Committed the Committee
I think it is a good Law and fit still to stand on Foot For if we lose Religion Let us lose Land too It will be a good Cause That every Man if not for Religion sake yet for his Lands sake which is his whole estate will Abandon the setting up of those Houses again because he will not part there-with therefore I think it in Pollicy fit still to stand So after long dispute till almost one of the Clock it was put to the Question Whether it shall be Repealed by the General Law of repeal and continuance of Statutes And the most voices were I I I and so it was Agreed On Tuesday December the 8th A Bill to prohibit Transportation of Ordnance An Act prohibiting the Transportation of Iron Ordnance beyond the Seas by way of Merchandize was Read Sir Edward Hobby said Sir Edward Hobby I may resemble this Bill to a Gentleman who told a Story of a Skilful Painter who had Painted a Tree standing in the midst of the Sea and the Judgment of another Skilful Painter being asked his Answer was Valde bene sed hic non erat Locus So I say this Bill is an Excellent Bill the matter Foul the request and remedy Good and Honest but this is not our mean of Redress Her Majesty in the late Proclamation took notice thereof and no doubt but she will Redress it And for us now to enter again in bringing in or allowing Bills against Monopolies it is to refuse Her Majesties Gracious Favor and Cleave to our own affections I think therefore if we will be dealing herein by Petition will be our only Course this is a matter of Prerogative and this no place to dispute it Mr. Fettyplace said I know Her Majesty receiveth yearly by Custom for the Transportation of these Ordnance Three Thousand Pounds by the Year there be four kind of Ordnance now usually Transported Mr. Fettyplace to the same Bill The first a Faulcon of the least Weight and Bore The second a Minnion a little heavier and of a bigger Bore The third a Saker of somewhat a greatter Bore And the fourth a Demy-Culvering being of the greatest Bore Now Mr. Speaker they that do Transport Ordnance do Transport in this manner If it be a Faulcon She shall have the weight of a Minnion and so if a Saker the weight of a Demy-Culvering the Reason thereof is Because when they are brought beyond Sea they will there new bore them to a greatter size as the Saker to the Demi-Culvering-Bore Besides Mr. Speaker Eight Tun of Iron Ordnance will make five Tuns of good Iron But perchance it will be Objected That if we Restrain the Transportation of Iron Ordnance they will use Brass I say under Favour That they cannot because they want Brass And again where you may furnish a Ship for 200. or 300. Pounds with Iron Ordnance you cannot furnish Her with Brass Ordnance for 1400. Pounds And it is now grown so common that if you would send Merchandise beyond the Seas in strangers Bottoms they will not carry them unless you will ballast their Ships with some Ordnance The Ordnance be carried to Callis Brest Embden Lubeck Rochel and other places All these be Confederates with Spain and friends with Dunkirk So that in helping them we do not only hurt our Friends but succour the Spaniards their Friends and our Enemies If the Queen would but forbid the Transportation of Ordnance for seven years it would breed such a Scarcity of Ordnance with the Spaniard that we might have him where we would some in that time no doubt the Sea would devour some would be taken and the Store which he now hath scattered and thereby his Force weakned They have so many Iron Ordnance in Spain out of England that they do ordinarily sell a 100. weight of Iron Ordnance for seven Duckets and an half Spanish And if the Spaniard do make it a Capital matter but to Transport an Horse or a Gennet much more ought we to have special Care herein when we shall hereby Arm our Enemies against our selves I think therefore to proceed by way of Bill would favour of Curbing Her Majesties Prerogative but to proceed by way of Petition it is a safe Course and pleasing and we ought the rather to be induced thereunto because we have already found it Successful Mr. Brown the Lawyer said There is a Law already in the point And that is 33 Hen. 8. Cap. 7. and 2 Ed. 6. Cap. 36. which prohibiteth the Transporting of Gun-metal Mr. Brown for the Bill by way of Petition And although Guns were not then made of Iron yet now they are And therefore perhaps you will say it is out of the Statute But it was lately adjudged in Worlington and Symon's Case to be clearly within the very Letter of the Law And I am sure Guns are made of Gun-metal and whosoever Transporteth Guns transports Gun-metal and it is within the danger of the Law But that which I would move is only this That we might be Petitioners to Her Majesty to revoke that Patent And then Currat Lex Sir Walter Rawleigh said Sir Walter-Rawleigh for the same I am sure heretofore one Ship of Her Majesties was able to beat twenty Spaniards but now by reason of our own Ordnance we are hardly matched one to one And if the Low-Countries should either be subdued by the Spaniards or yeild unto him upon a conditional Peace or shall joyn in Amity with the French as we see them dayly inclining I say there is nothing so much threatens the Conquest of this Kingdom or more than the Transportation of Ordnance And therefore I think it a good and speedy course to proceed by way of Petition lest we be cut off from our desires either by the Upper House or before by the short and suddain ending of the Parliament Mr. Cary said Mr. Cary for the same by Bill We take it for an Use in the House That when any great and weighty Matter or Bill is here handled we straight-ways say It toucheth the Prerogative and that must not be medled withal and so that we that come here to do our Countries Good bereave them of that good help we may justly Administer unto them Mr. Speaker Qui vadit planè vadit Sanè Let us lay down our Griefs in the Preamble of the Bill and make it by way of Petition and I doubt not but Her Majesty being truly informed of it will give her Royal Assent Mr. Secretary Herbert said The making of Armentaria Secretary Herbert for proceeding by Petition to prohibit Ordnance is a Regality only belonging to the Power of the King and Crown of England and therefore no man can either Cast or Transport without License It stood perhaps with the Policy of former times to suffer Transportation But as the times alter so doth the Government and now no doubt but it is very hurtful and pernitious to the State And therefore I